71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 927
A-Engrossed
House Bill 2264
Ordered by the House April 30
Including House Amendments dated April 30
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Environmental Quality)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Increases yearly fee to be paid by underground storage
tank permit holders. - }
{ - Takes effect December 30, 2001. - }
{ + Requires Environmental Quality Commission to submit
application to get final authorization of state program for
regulation of underground storage tanks. Requires operators of
tanks to receive specified training. Modifies and establishes
certain fees. Directs Department of Environmental Quality to use
fees to carry out underground tank program.
Requires commission to adopt pilot program for expedited
imposition of noncompliance penalties. Sunsets pilot program
December 31, 2005.
Declares emergency, effective July 1, 2001. + }
A BILL FOR AN ACT
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; 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. { + 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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