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 1627
A-Engrossed
House Bill 2698
Ordered by the House April 24
Including House Amendments dated April 24
Sponsored by COMMITTEE ON WATER AND ENVIRONMENT
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.
Extends temporary schedule for monthly hazardous waste
management fees to { - January 2, 2004. - } { + January 1,
2004. Modifies temporary schedule. + }
Repeals temporary fee schedule on January 2, 2004.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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. + }
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