Chapter 755 Oregon Laws 2001

AN ACT

HB 2883

Relating to heating oil tanks; creating new provisions; amending ORS 466.872; limiting expenditures; and declaring an emergency.

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

SECTION 1. ORS 466.872 is amended to read:

466.872. (1) In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include:

(a) A process for conducting inspections of sites where a heating oil tank has been decommissioned or where a heating oil tank service provider certifies corrective action is complete;

(b) The specific information that a person must submit to certify that corrective action is complete;

(c) Provisions that allow the department to reject certification and require additional corrective action prior to approval by the department that the certification is complete and complies with the standard set forth in ORS 465.315; and

(d) Provisions to require additional information about a decommissioning before certifying the decommissioning.

(2) Any person requesting certification of a heating oil tank decommissioning [or corrective action] under subsection (1) of this section shall file a request with the department accompanied by a filing fee of $50. [The request shall be accompanied by a filing fee of $50.]

(3) Any person requesting certification of a heating oil tank corrective action under subsection (1) of this section shall file a request with the department accompanied by a filing fee of $125.

SECTION 2. The amendments to ORS 466.872 by section 1 of this 2001 Act apply to requests for certification of heating oil tank decommissioning or corrective action filed with the Department of Environmental Quality on or after the effective date of this 2001 Act.

SECTION 3. Notwithstanding any other law, the amount of $244,049 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 466.872 by section 1 of this 2001 Act.

SECTION 4. 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 on 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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