71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 463
LC 2014/SB 463-A7
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 463
By COMMITTEE ON WATER AND ENVIRONMENT
May 24
On page 1 of the printed A-engrossed bill, line 2, delete '
and' and after 'ORS' insert '465.200,'.
In line 4, delete 'and' and insert a comma and after ' 465.548'
insert 'and 468.035; and repealing ORS 465.500, 465.503, 465.505,
465.507, 465.510, 465.515, 465.517, 465.520, 465.523, 465.525,
465.527, 465.530, 465.533, 465.535, 465.537, 465.540, 465.543,
465.545, 465.546, 465.548 and 465.992'.
On page 7, after line 14, insert:
' (6) Beginning January 1, 2003, and annually thereafter, the
risk and environmental fees specified in this section shall be
increased by 25 percent if the fees and deductibles paid under
ORS 465.500 to 465.548 failed to generate $1 million or more
during the preceding calendar year.'.
On page 9, after line 32, insert:
' (4) Beginning January 1, 2003, and annually thereafter, the
fees specified in this section shall be increased by 25 percent
if the fees and deductibles paid under ORS 465.500 to 465.548
failed to generate $1 million or more during the preceding
calendar year.
' { + SECTION 17. + } ORS 468.035 is amended to read:
' 468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
' (a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
' (b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
' (c) Shall advise, consult, and cooperate with other agencies
of the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
' (d) May employ personnel, including specialists and
consultants, purchase materials and supplies, and enter into
contracts necessary to carry out the purposes set forth in ORS
448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
' (e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
' (f) Shall provide advisory technical consultation and
services to units of local government and to state agencies.
' (g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
' (h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
' (i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
' (j) Shall seek enforcement of the air and water pollution
laws of the state.
' (k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
' (L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
' (m) May determine, by means of field studies and sampling,
the degree of air or water pollution in various regions of the
state.
' (n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
' (o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
' (2) Nothing in this section shall affect the authority of the
Health Division to make and enforce rules:
' (a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.440; and
' (b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
' (3) Nothing in this section shall prevent the State
Department of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
' (4)(a) In awarding a public contract under ORS chapter 279
for a removal or remedial action pursuant to ORS 465.200 to
465.510, { - 465.517 to 465.548 and 465.992, - } a corrective
action or cleanup action pursuant to ORS 466.005 to 466.385,
466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to
ORS 468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085,
468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500, the
department, and the Oregon Department of Administrative Services,
when administering the establishment of such a contract on behalf
of the Department of Environmental Quality under ORS 279.712,
shall subtract from the amount of any bid or proposal the
hazardous waste management fees and solid waste fees that would
be required by law to be paid to the department for waste that
would be disposed of at a solid waste disposal site or a
hazardous waste or PCB disposal facility, based on the bid or
proposal. The amount to be subtracted shall be established on the
basis of reasonable preprocurement estimates of the amount of
waste that would be disposed of under the contract and that would
be subject to those fees.
' (b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
' (c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
' { + SECTION 18. + } ORS 468.035, as amended by section 103,
chapter 849, Oregon Laws 1999, is amended to read:
' 468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
' (a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
' (b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
' (c) Shall advise, consult, and cooperate with other agencies
of the state, political subdivisions, other states or the federal
government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
' (d) May employ personnel, including specialists, consultants
and hearing officers, purchase materials and supplies, and enter
into contracts necessary to carry out the purposes set forth in
ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
' (e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
' (f) Shall provide advisory technical consultation and
services to units of local government and to state agencies.
' (g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
' (h) Shall serve as the agency of the state for receipt of
moneys from the federal government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
' (i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
' (j) Shall seek enforcement of the air and water pollution
laws of the state.
' (k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
ORS chapters 468, 468A and 468B.
' (L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
' (m) May determine, by means of field studies and sampling,
the degree of air or water pollution in various regions of the
state.
' (n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B.
' (o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
' (2) Nothing in this section shall affect the authority of the
Health Division to make and enforce rules:
' (a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.440; and
' (b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
' (3) Nothing in this section shall prevent the State
Department of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
' (4)(a) In awarding a public contract under ORS chapter 279
for a removal or remedial action pursuant to ORS 465.200 to
465.510, { - 465.517 to 465.548 and 465.992, - } a corrective
action or cleanup action pursuant to ORS 466.005 to 466.385,
466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to
ORS 468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085,
468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500, the
department, and the Oregon Department of Administrative Services,
when administering the establishment of such a contract on behalf
of the Department of Environmental Quality under ORS 279.712,
shall subtract from the amount of any bid or proposal the
hazardous waste management fees and solid waste fees that would
be required by law to be paid to the department for waste that
would be disposed of at a solid waste disposal site or a
hazardous waste or PCB disposal facility, based on the bid or
proposal. The amount to be subtracted shall be established on the
basis of reasonable preprocurement estimates of the amount of
waste that would be disposed of under the contract and that would
be subject to those fees.
' (b) The subtraction for fees under paragraph (a) of this
subsection shall apply only to a contract reasonably anticipated
to involve the disposal of no less than 50 tons of hazardous
waste or no less than 500 tons of solid waste. The Legislative
Assembly finds that making accurate advance estimates of amounts
of waste that would be disposed of in projects of this character
is technically challenging and requires the application of
professional discretion. Therefore, no award of a contract under
this subsection shall be subject to challenge, under ORS 279.067
or otherwise, on the ground of the inaccuracy or claimed
inaccuracy of any such estimate.
' (c) The subtraction for fees under paragraph (a) of this
subsection shall not apply to the establishment, by or on behalf
of the department, of master contracts by which the department
engages the services of a contractor over a period of time for
the purpose of issuing work orders for the performance of
environmental activities on a project or projects for which the
amounts of waste to be disposed of were not reasonably identified
at the inception of the master contracts. However, the department
shall require any contractor under a master contract to apply the
subtraction for fees under paragraph (a) of this subsection in
the selection of any subcontractor to perform the removal of
waste in amounts equaling or exceeding the amounts set forth in
paragraph (b) of this subsection. Nothing in this subsection
shall be construed to prohibit the department or the Oregon
Department of Administrative Services from establishing contracts
pursuant to this section through contracting procedures
authorized by ORS chapter 279 that do not require the
solicitation of bids or proposals.
' { + SECTION 19. + } ORS 465.200 is amended to read:
' 465.200. As used in ORS 465.200 to 465.510 and 465.900:
' (1) 'Claim' means a demand in writing for a sum certain.
' (2) 'Commission' means the Environmental Quality Commission.
' (3) 'Department' means the Department of Environmental
Quality.
' (4) 'Director' means the Director of the Department of
Environmental Quality.
' { - (5) 'Dry Cleaner Environmental Response Account' means
the account created under ORS 465.510. - }
' { - (6) - } { + (5) + } 'Dry cleaning facility' means any
active or inactive facility located in this state that is or was
engaged in dry cleaning apparel and household fabrics for the
general public, and dry stores, other than a:
' (a) Facility located on a United States military base;
' (b) Uniform service or linen supply facility;
' (c) Prison or other penal institution; or
' (d) Facility engaged in dry cleaning operations only as a dry
store and selling less than $50,000 per year of dry cleaning
services.
' { - (7) - } { + (6) + } 'Dry cleaning operator' means a
person who has, or had, a business license to operate a dry
cleaning facility or a business operation that a dry cleaning
facility is a part of. If a dry cleaning facility is operated
without a business license, both the dry cleaning owner and any
person directing the operations shall be considered the dry
cleaning operator and shall be jointly and severally liable for
the fees and duties imposed on dry cleaning operators.
' { - (8) - } { + (7) + } 'Dry cleaning owner' means a
person who owns or owned the real property underlying a dry
cleaning facility.
' { - (9) - } { + (8) + } 'Dry cleaning solvent' means any
nonaqueous solvent for use in the cleaning of garments or other
fabrics at a dry cleaning facility, including but not limited to
perchloroethylene and petroleum based solvents and the products
into which dry cleaning solvents degrade.
' { - (10) - } { + (9) + } 'Dry store' means a facility that
does not include machinery using dry cleaning solvents, including
but not limited to a pickup store, dropoff store, call station,
agency for dry cleaning, press shop, and pickup and delivery
service not otherwise operated by a dry cleaning facility.
' { - (11) - } { + (10) + } 'Environment' includes the
waters of the state, any drinking water supply, any land surface
and subsurface strata and ambient air.
' { - (12) - } { + (11) + } 'Facility' means any building,
structure, installation, equipment, pipe or pipeline including
any pipe into a sewer or publicly owned treatment works, well,
pit, pond, lagoon, impoundment, ditch, landfill, storage
container, above ground tank, underground storage tank, motor
vehicle, rolling stock, aircraft, or any site or area where a
hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located and where a release has
occurred or where there is a threat of a release, but does not
include any consumer product in consumer use or any vessel.
' { - (13) - } { + (12) + } 'Fund' means the Hazardous
Substance Remedial Action Fund established by ORS 465.381.
' { - (14) - } { + (13) + } 'Guarantor' means any person,
other than the owner or operator, who provides evidence of
financial responsibility for an owner or operator under ORS
465.200 to 465.510 and 465.900.
' { - (15) - } { + (14) + } 'Hazardous substance' means:
' (a) Hazardous waste as defined in ORS 466.005.
' (b) Any substance defined as a hazardous substance pursuant
to section 101(14) of the federal Comprehensive Environmental
Response, Compensation and Liability Act, P.L. 96-510, as
amended, and P.L. 99-499.
' (c) Oil.
' (d) Any substance designated by the commission under ORS
465.400.
' { - (16) - } { + (15) + } 'Inactive dry cleaning facility'
means property formerly used, but not currently used, for
providing dry cleaning services.
' { - (17) - } { + (16) + } 'Natural resources' includes but
is not limited to land, fish, wildlife, biota, air, surface
water, ground water, drinking water supplies and any other
resource owned, managed, held in trust or otherwise controlled by
the State of Oregon or a political subdivision of the state.
' { - (18) - } { + (17) + } 'Oil' includes gasoline, crude
oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse
and any other petroleum-related product, or waste or fraction
thereof that is liquid at a temperature of 60 degrees Fahrenheit
and pressure of 14.7 pounds per square inch absolute.
' { - (19) - } { + (18) + } 'Owner or operator' means any
person who owned, leased, operated, controlled or exercised
significant control over the operation of a facility. 'Owner or
operator' does not include a person, who, without participating
in the management of a facility, holds indicia of ownership
primarily to protect a security interest in the facility.
' { - (20) - } { + (19) + } 'Person' means an individual,
trust, firm, joint stock company, joint venture, consortium,
commercial entity, partnership, association, corporation,
commission, state and any agency thereof, political subdivision
of the state, interstate body or the federal government including
any agency thereof.
' { - (21) - } { + (20) + } 'Release' means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing into the
environment including the abandonment or discarding of barrels,
containers and other closed receptacles containing any hazardous
substance, or threat thereof, but excludes:
' (a) Any release that results in exposure to a person solely
within a workplace, with respect to a claim that the person may
assert against the person's employer under ORS chapter 656;
' (b) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, vessel or pipeline pumping station
engine;
' (c) Any release of source, by-product or special nuclear
material from a nuclear incident, as those terms are defined in
the Atomic Energy Act of 1954, as amended, if the release is
subject to requirements with respect to financial protection
established by the Nuclear Regulatory Commission under section
170 of the Atomic Energy Act of 1954, as amended, or, for the
purposes of ORS 465.260 or any other removal or remedial action,
any release of source by-product or special nuclear material from
any processing site designated under section 102(a)(1) or 302(a)
of the Uranium Mill Tailings Radiation Control Act of 1978; and
' (d) The normal application of fertilizer.
' { - (22) - } { + (21) + } 'Remedial action' means those
actions consistent with a permanent remedial action taken instead
of or in addition to removal actions in the event of a release or
threatened release of a hazardous substance into the environment,
to prevent or minimize the release of a hazardous substance so
that it does not migrate to cause substantial danger to present
or future public health, safety, welfare or the environment. '
Remedial action' includes, but is not limited to:
' (a) Such actions at the location of the release as storage,
confinement, perimeter protection using dikes, trenches or
ditches, clay cover, neutralization, cleanup of released
hazardous substances and associated contaminated materials,
recycling or reuse, diversion, destruction, segregation of
reactive wastes, dredging or excavations, repair or replacement
of leaking containers, collection of leachate and runoff, on-site
treatment or incineration, provision of alternative drinking and
household water supplies, and any monitoring reasonably required
to assure that the actions protect the public health, safety,
welfare and the environment.
' (b) Offsite transport and offsite storage, treatment,
destruction or secure disposition of hazardous substances and
associated, contaminated materials.
' (c) Such actions as may be necessary to monitor, assess,
evaluate or investigate a release or threat of release.
' { - (23) - } { + (22) + } 'Remedial action costs' means
reasonable costs which are attributable to or associated with a
removal or remedial action at a facility, including but not
limited to the costs of administration, investigation, legal or
enforcement activities, contracts and health studies.
' { - (24) - } { + (23) + } 'Removal' means the cleanup or
removal of a released hazardous substance from the environment,
such actions as may be necessary taken in the event of the threat
of release of a hazardous substance into the environment, such
actions as may be necessary to monitor, assess and evaluate the
release or threat of release of a hazardous substance, the
disposal of removed material, or the taking of such other actions
as may be necessary to prevent, minimize or mitigate damage to
the public health, safety, welfare or to the environment, that
may otherwise result from a release or threat of release.
'Removal' also includes but is not limited to security fencing or
other measures to limit access, provision of alternative drinking
and household water supplies, temporary evacuation and housing of
threatened individuals and action taken under ORS 465.260.
' { - (25) - } { + (24) + } 'Retail sale or transfer' means
a transfer of title or possession, exchange or barter,
conditional or otherwise, for a purpose other than resale in the
ordinary course of business.
' { - (26) - } { + (25) + } 'Transport' means the movement
of a hazardous substance by any mode, including pipeline and in
the case of a hazardous substance that has been accepted for
transportation by a common or contract carrier, the term
'transport' shall include any stoppage in transit that is
temporary, incidental to the transportation movement, and at the
ordinary operating convenience of a common or contract carrier,
and any such stoppage shall be considered as a continuity of
movement and not as the storage of a hazardous substance.
' { - (27) - } { + (26) + } 'Underground storage tank' has
the meaning given that term in ORS 466.706.
' { - (28) - } { + (27) + } 'Waters of the state' has the
meaning given that term in ORS 468B.005.
' { + SECTION 20. + } { + ORS 465.500, 465.503, 465.505,
465.507, 465.510, 465.515, 465.517, 465.520, 465.523, 465.525,
465.527, 465.530, 465.533, 465.535, 465.537, 465.540, 465.543,
465.545, 465.546, 465.548 and 465.992 and section 16 of this 2001
Act are repealed on January 1, 2006. + }
' { + SECTION 21. + } { + The amendments to ORS 465.200 and
468.035 by sections 17 to 19 of this 2001 Act become operative
January 1, 2006. + } ' .
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