Chapter 754 Oregon Laws 2001

AN ACT

HB 2264

Relating to underground storage tanks; creating new provisions; amending ORS 466.720, 466.785 and 466.994; repealing ORS 466.785 and sections 3 and 4, chapter 884, Oregon Laws 1999; appropriating money; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 466.720 is amended to read:

466.720. (1) The Environmental Quality Commission shall adopt a statewide underground storage tank program. Except as otherwise provided in ORS 466.706 to 466.882 and 466.994, the statewide program shall establish uniform procedures and standards to protect the public health, safety, welfare and the environment from the consequences of a release from an underground storage tank.

(2) The commission and the Department of Environmental Quality [are authorized to] shall perform or cause to be performed any act necessary to gain [interim and] final authorization of a state program for the regulation of underground storage tanks under the provisions of Section 9004 of the Federal Resource Conservation and Recovery Act, P.L. 94-580 as amended and P.L. 98-616, Section 205 of the federal Solid Waste Disposal Act, P.L. 96-482 as amended and federal regulations and interpretive and guidance documents issued pursuant to P.L. 94-580 as amended, P.L. 98-616 and P.L. 96-482. To gain final authorization, the department shall submit an application for state program approval to the United States Environmental Protection Agency. The commission may adopt, amend or repeal any rule necessary to implement ORS 466.706 to 466.882 and 466.994.

SECTION 2. Sections 3, 4, 9, 12 and 13 of this 2001 Act are added to and made a part of ORS 466.706 to 466.882.

SECTION 3. (1) Operators of underground storage tanks shall participate in mandatory training on the proper operation, maintenance and testing of underground storage tanks.

(2) The Environmental Quality Commission shall adopt rules establishing mandatory training requirements. The rules may include, but are not limited to:

(a) A definition of operator, which may include other persons with daily responsibility for on-site operation and maintenance of underground storage tanks who are required to obtain training under this section;

(b) Requirements and specifications for training or testing services; and

(c) A schedule that sets forth compliance dates for each facility.

(3) The commission may accommodate hardship cases in which attendance at a training session is unusually difficult due to special circumstances. An accommodation under this subsection does not exempt a person from the training requirements under subsection (1) of this section.

SECTION 4. (1) As used in this section:

(a) “Service provider” means a person or firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage tank services.

(b) “Supervisor” means a person, operating alone or employed by a contractor, who directs and oversees underground storage tank services.

(c) “Underground storage tank services” includes but is not limited to installation, decommissioning, retrofitting, testing and inspection of underground storage tanks.

(2) Pursuant to ORS 466.750:

(a) A supervisor shall pay fees based on the following schedule:

(A) $150 every two years for each license issued for cleanup of underground storage tanks; and

(B) $150 every two years for a license to service underground storage tanks.

(b) A service provider shall pay a fee of $300 per license per year.

(3) Fees collected by the Department of Environmental Quality under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994.

SECTION 5. ORS 466.785 is amended to read:

466.785. (1) Every underground storage tank permittee shall pay a fee in the amount of [$60] $85 per tank per calendar year.

(2) In addition to any civil penalty issued under ORS 466.994 (3), a permittee shall pay a late fee of $35 for each tank fee required under this section that is not paid by the specified due date.

[(2)] (3) Fees collected by the Department of Environmental Quality under this section shall be deposited in the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994.

SECTION 6. ORS 466.785 is repealed December 31, 2005.

SECTION 7. ORS 466.994 is amended to read:

466.994. (1) Any person who violates any provision of ORS 466.706 to 466.882 and this section, a rule adopted under ORS 466.706 to 466.882 and this section or the terms or conditions of any order or permit issued by the Department of Environmental Quality under ORS 466.706 to 466.882 and this section shall be subject to a civil penalty not to exceed $10,000 per violation per day of violation.

(2) Each violation may be a separate and distinct offense and in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.

[(3) The department may levy a civil penalty up to $100 for each day a fee due and owing under ORS 466.785 and 466.795 is unpaid. A penalty collected under this subsection shall be placed in the State Treasury to the credit of an account of the department.]

[(4)] (3) The civil penalties authorized under this section shall be imposed in the manner provided by ORS 468.135 except that a penalty collected under subsection (1) of this section shall be deposited to the fund established in ORS 466.791.

SECTION 8. The amendments to ORS 466.994 by section 7 of this 2001 Act become operative December 31, 2005.

SECTION 9. (1) In addition to any other fee collected, the Department of Environmental Quality shall collect from each permittee a one-time surcharge of $20 for each underground storage tank in operation or brought into operation.

(2) The surcharge collected by the department under this section shall be deposited in the State Treasury to the credit of an account of the department. All surcharges paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994.

SECTION 10. (1) Section 9 of this 2001 Act becomes operative January 1, 2002.

(2) The surcharge collected under section 9 of this 2001 Act applies to underground storage tanks in operation on January 1, 2002, or brought into operation between January 1, 2002, and December 31, 2002.

SECTION 11. Section 9 of this 2001 Act is repealed December 31, 2002.

SECTION 12. (1) An applicant for a permit to install an underground storage tank shall pay an installation fee of $400 per tank. The applicant shall make payment to the Department of Environmental Quality at the time of application for the installation of an underground storage tank.

(2)(a) When ownership of an existing underground storage tank changes, or when ownership of the property on which an underground storage tank is located changes, the permittee shall pay a permit modification fee of $75. The permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit.

(b) When a permittee changes, the new permittee shall pay a permit modification fee of $75. The new permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit.

(3) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994.

SECTION 13. (1) Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a pilot program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality shall form an advisory committee to assist the commission in the development of the pilot program.

(2) Permittee participation in the pilot program is voluntary. Participants shall agree to accept the penalty assessed under the program as the final order by the Department of Environmental Quality and shall agree to waive any right to an appeal or any other judicial review of the department’s determination of a violation or assessment of a fine.

(3) A penalty assessed under this program may not be less than $50 or greater than $100 per individual violation. Penalties imposed in the aggregate may not be more than $300 per facility per inspection date.

(4) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department for the purposes of providing support to the pilot program, technical assistance or operator training or meeting other needs of the department.

SECTION 14. Section 13 of this 2001 Act is repealed December 31, 2005.

SECTION 15. (1) The Department of Environmental Quality shall submit an application for the final authorization of a state program for the regulation of underground storage tanks pursuant to ORS 466.720 to the United States Environmental Protection Agency by January 31, 2003.

(2) The Environmental Quality Commission shall adopt rules under section 3 of this 2001 Act by October 31, 2002.

(3) Fees required under section 4 of this 2001 Act apply to license applications received on or after the effective date of this 2001 Act, and to renewal applications for licenses that expire on or after the effective date of this 2001 Act.

(4) Section 12 of this 2001 Act applies to applications for installation or permit modification received on or after the effective date of this 2001 Act.

(5) The Environmental Quality Commission shall adopt rules for and implement the pilot program under section 13 of this 2001 Act by October 31, 2002.

SECTION 16. Notwithstanding any other law, the amount of $718,943 is established for the biennium beginning July 1, 2001, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Environmental Quality for the purpose of carrying out the amendments to ORS 466.720 and 466.785 by sections 1 and 5 of this 2001 Act and sections 3, 4, 9, 12, 13 and 15 of this 2001 Act.

SECTION 17. Sections 3 (amending ORS 466.785) and 4, chapter 884, Oregon Laws 1999, are repealed.

SECTION 18. 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 July 6, 2001

Filed in the office of Secretary of State July 6, 2001

Effective date July 6, 2001

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