Or. Admin. R. 123-130-0020 - Definitions
For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division, the following terms mean:
(1) "Collateral" means
property, real or personal, whether now owned or existing or hereafter acquired
or arising, which is subject to a lien, security interest, pledge, or
assignment in favor of the Department.
(2) "Contribution" means cash, a reduction in
land sale price, a donation of real property or personal services of value; or
some other like act that offsets the benefit of receiving sums from the Fund
that are conveyed on a recipient or site owner who is a potentially responsible
party for a release of a hazardous substance or is potentially liable for the
cost of cleanup at the site according to ORS
465.255.
(3) "Distressed area" has the meaning given
in 285A.010(9).
(4) "Environmental
Action" means any of the following activities undertaken to:
(a) Determine if a release has occurred, if
the release, or potential release, poses a significant threat to human health
or the environment, or if additional remedial actions may be required at the
site.
(b) Conduct a remedial
investigation and a feasibility study.
(c) Plan for remedial action or removal
action.
(d) Removal or remediation
of heating oil or nonresidential underground storage tanks.
(e) Any action described under ORS
285A.193(3)(A) or
(B).
(f) Conduct a remedial action or removal
action at a site.
(5)
"Environmental Justice" means community-based issues, concerns, or problems
resulting from the disparate effects caused by the placement and/or proximity
of facilities that negatively impact minority or low-income
populations.
(6) "Environmental
Service Professional" means an entity that has the necessary education,
training, experience, capacity, expertise, or is otherwise licensed or
certified to conduct environmental actions.
(7) "Facility" means any building, structure,
installation, equipment, pipe or pipeline including any pipe into a sewer or
publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, above ground tank, underground storage tank, motor
vehicle, rolling stock, aircraft, or any site or area where a hazardous
substance has been deposited, stored, disposed of, or placed, or otherwise come
to be located and where a release has occurred or where there is a threat of a
release, but does not include any consumer product in consumer use or any
vessel. Facility has the meaning given in ORS
465.200.
(8) "Fund" means the Brownfields Properties
Revitalization Fund.
(9) "Geologist
or Professional Engineer" means an environmental service professional licensed
or otherwise certified in the State of Oregon to perform remedial action as
described in ORS 285A.193(A).
(10) "Government Agency" means the applicable
regulatory enforcement authority for compliance orders for owners or operators
of brownfields to take action.
(11)
"Hazardous Substance" has the meaning given in ORS
465.200.
(12) "Hospital Buildings or Community Health
Care Facilities" has the meaning given to Hospitals in ORS
442.015(15) and
the meaning given to Health Care Facility in ORS 442.0015(12).
(14) "Median Income" means the median
household income from the most recent U.S. Census data and any adjustments
since the most recent census from the American Community Survey and other data
sources acceptable to the Department.
(15) "Natural Areas" means a unit of land or
water or both that has substantially retained its natural character, or, if
altered in character or in the process of being restored, shall in addition to
its natural heritage resource values, be valuable as habitat for plant and
animal species or for the study and appreciation of natural features.
(16) "Non-Profit" means an organization
certified under sections 501(c)(2) through (4) and (6) through (8) and
(10) of the Internal Revenue Code.
(17) "Operator" means the person or entity
with rights to possess and use a site for a business purpose through a legally
binding agreement or legal relationship with a site owner.
(18) "Owner" means the person with legal
ownership of a site according to the records of the county recorder.
(19) "Person" means any individual,
association of individuals, company, joint venture, partnership, non-profit or
for-profit corporation.
(20)
"Private" means any person as defined.
(21) "Project" and "Project Description"
means the resulting combination of the site, the proposed activities to be
performed, the proposed or likely redevelopment use, and any other information
stated in the Fund application.
(22) "Prospective Purchaser Program" refers
to ORS 465.327 and associated
administrative rules.
(23) "Public
Parks" means any park, natural area, wayside, corridor, scenic area, monument,
historic structure or area, trail, or recreation area owned by a state or local
government agency.
(24) "Release"
has the meaning given in ORS
465.200.
(25) "Rural area" has the meaning given in
ORS 285A.010(14).
(26) "Scope of Work" means a detailed plan to
perform in part or in whole an environmental action.
(27) "Site" means the parcel or parcels of
real property on which the environmental actions or other activities for which
eligible costs are sought will be performed.
(28) "Site Characterization" means
investigation or assessment to Site characterization may include delineating
the nature and extent of contamination in soil, groundwater, soil vapor, and
surface water. This review provides a level of detail comparable to a
"preliminary assessment" (PA) as described in OAR
340-122-0072 and may be
comparable to a "Phase II Environmental Site Assessment" under ASTM Standard E
1903.
(29) "Site Investigation"
means a historic use investigation of the site involving, but not limited to,
the analysis of aerial photos, public and private records, personal interviews,
and other documents and data sources to determine the likelihood of a release
of a hazardous substance at the site or facility. This review provides a level
of detail comparable to a "Phase I" review under ASTM Standards E1527 and 1528
and is often a desktop review without any sampling.
(30) "Site Sampling" means systematically
obtaining and analyzing representative samples from the site of relevant media
such as soil and water to determine the presence of and/or the concentration of
the contamination and/or identify the specific substances or compounds
comprising the contamination. Sampling is a critical component of the
"preliminary assessment" (PA) conducted under OAR
340-122-0072 or the ASTM "Phase
II" under E-1903.
(31) "Wildfire"
means an event as described in an Executive Order in accordance with ORS
476.510 to
476.610.
Notes
Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198
Statutes/Other Implemented: ORS 285A.193 - 285A.198
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