71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2264
 
LC 927/HB 2264-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2264
 
              By COMMITTEE ON WATER AND ENVIRONMENT
 
                            April 30
 
  In line 2 of the printed bill, after 'ORS' delete the rest of
the line and line 3 and insert '466.720, 466.785 and 466.994;
repealing ORS 466.785 and sections 3 and 4, chapter 884, Oregon
Laws 1999; appropriating money; and declaring an emergency.'.
  Delete lines 5 through 16 and insert:
  '  { +  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. + }  { + Sections 3 (amending ORS 466.785)
and 4, chapter 884, Oregon Laws 1999, are repealed. + }
  '  { +  SECTION 17. + }  { + 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. + } ' .
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