Chapter 400 Oregon Laws 2001
AN ACT
HB 2698
Relating to hazardous waste
management fees; amending section 2, chapter 443, Oregon Laws 1997, and section
2, chapter 332, Oregon Laws 1999; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2, chapter 443, Oregon Laws 1997, as amended by section 1, chapter 332,
Oregon Laws 1999, is amended to read:
Sec. 2. (1)
Notwithstanding ORS 465.375 (2) and (3), for the period beginning July 1, [1999] 2001, and ending [December
31, 2001] January 1, 2004, the
hazardous waste management fee under ORS 465.375 shall be:
(a) $7.50 per ton for waste[:]
[(A) That is a
characteristic hazardous waste at the point of generation and that has been
treated at the facility or off-site so that the waste no longer exhibits the
characteristics of a hazardous waste and complies with any applicable land
disposal restriction requirements;]
[(B) That is liquid
waste when received and treated at a wastewater treatment unit at the facility
so that the waste does not exhibit any hazardous waste characteristic and the
resulting liquid is managed at a permitted unit at the facility; or]
[(C)] that is
emission control dust or sludge from the primary production of steel in
electric furnaces, identified as United States Environmental Protection Agency
hazardous waste number K061, provided that the facility has a plan and a
schedule approved by the Department of Environmental Quality to develop and
evaluate a treatment process for the waste. The treatment process shall be
designed to achieve treatment levels similar to the treatment levels required
for the hazardous waste if it were delisted in Alaska, Idaho or Washington
under 40 C.F.R. 260.22, adopted under the federal Resource Conservation and Recovery
Act of 1976 (P.L. 94-580) and the Hazardous and Solid Waste Amendments of 1984
(P.L. 98-616), as amended, or a state-authorized Resource Conservation and
Recovery Act program. The department may withdraw approval of the plan if the
facility does not implement the plan in accordance with the approved schedule.
(b) For the type of
waste described in this paragraph, either $20 per ton for [up to 37,500 tons from any single event at a
facility, site or unit, and $10 per ton for 37,500 tons or more from any single
event at a facility, site or unit for waste that is:] 2,500 tons or less of waste received by the facility in a calendar
year from the same initial generator, or $10 per ton for all waste received by
the facility in a calendar year from the same initial generator if the facility
receives more than 2,500 tons from that generator in the year, if the waste is:
(A) PCB under Oregon or federal law;
(B) Hazardous debris;
(C) Hazardous waste that becomes subject to regulation
solely as a result of removal or remedial action taken in response to
environmental contamination; or
(D) Hazardous waste that results from corrective action or
closure of a regulated or nonregulated hazardous waste management unit.
(c) Notwithstanding
the requirement of ORS 465.375 (1) that a hazardous waste management fee be
paid for all waste brought into the facility for treatment by incinerator or
for disposal by landfill at the facility, $15 per ton for waste that is
hazardous waste when received and treated at the facility so that the waste is
no longer a solid waste as defined in ORS 459.005.
(d) $2 per ton for waste that is:
(A) A characteristic
hazardous waste at the point of generation and that has been treated at the
facility or at an off-site location so that the waste no longer exhibits the
characteristics of hazardous waste and so that the waste complies with any
applicable land disposal requirements;
(B) Liquid waste when
the waste is received and treated at a wastewater treatment unit at the
facility so that the waste does not exhibit any characteristics of hazardous
waste and so that the resulting liquid is managed at a permitted unit at the
facility;
[(A)] (C) Solid waste resulting from cleanup
activities that must be disposed of in a facility for the disposal of hazardous
waste as a result of restrictions imposed under ORS 459.055 (8) or 459.305 (7);
or
[(B)] (D) Solid waste that is not hazardous
waste or PCB under a state or federal law at the point of generation and that
is not a hazardous waste under Oregon law.
(2) One-third of the amount collected under subsection (1)
of this section shall be deposited in the State Treasury to the credit of an
account of the department. Such moneys are continuously appropriated to the
department to be used to carry out the department’s duties under ORS 466.005 to
466.385 related to the management of hazardous waste.
(3) Two-thirds of the amount collected under subsection (1)
of this section shall be deposited in the State Treasury to the credit of the
Hazardous Substance Remedial Action Fund created under ORS 465.381 to be used
for the purposes described in ORS 465.381 (5).
SECTION 2.
Section 2, chapter 332, Oregon Laws 1999, is amended to read:
Sec. 2. Section
2, chapter 443, Oregon Laws 1997, is repealed [December 31, 2001] January
2, 2004.
SECTION 3.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect July 1, 2001.
Approved by the Governor
June 15, 2001
Filed in the office of
Secretary of State June 15, 2001
Effective date July 1, 2001
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