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 2014
B-Engrossed
Senate Bill 463
Ordered by the House May 24
Including Senate Amendments dated May 4 and House Amendments
dated
May 24
Sponsored by Senator HARPER (at the request of Oregon Dry
Cleaners Association)
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.
Specifies $1 million as amount of fund established for cleanup
of dry cleaning chemicals.
Excludes dry cleaning owner or operator from protection against
cleanup liability if release was caused by gross negligence of
owner or operator and in other specified situations. Requires
dry cleaning operators to manage wastewater from
perchloroethylene dry cleaning machines according to waste
minimization guidelines developed by Environmental Quality
Commission. Allows penalties assessed to be placed in Dry Cleaner
Environmental Response Account. Prohibits Department of
Environmental Quality from expending moneys in account on
remedial action at dry cleaning facilities where owner or
operator failed to comply with waste minimization requirements
and failure to comply contributed to release. Changes fees.
Requires Department of Environmental Quality to create list of
inactive dry cleaning facilities eligible to receive funding from
Dry Cleaner Environmental Response Account. Specifies
requirements to be on list.
{ + Sunsets fee structure and Dry Cleaner Environmental
Response Account program on January 1, 2006. + }
A BILL FOR AN ACT
Relating to environmental cleanup of dry cleaners; creating new
provisions; amending ORS 465.200, 465.500, 465.503, 465.505,
465.507, 465.510, 465.515, 465.517, 465.520, 465.527, 465.533,
465.535, 465.537, 465.545, 465.548 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.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 465.500 is amended to read:
465.500. (1) The purposes of ORS 465.503 to 465.540 are:
(a) To create a { + $1 million + } cleanup fund paid for
solely by the dry cleaning industry, and to otherwise exempt dry
cleaning owners and dry cleaning operators from cleanup
liability; and
(b) To ensure the cleanup of contamination resulting from dry
cleaning facilities.
(2) The provisions of ORS 465.200 to 465.510 and 465.900, and
rules and programs adopted thereto, shall continue to apply to
the cleanup of releases of hazardous substances from dry cleaning
facilities, including but not limited to provisions and programs
for:
(a) Listing of facilities having a confirmed release of dry
cleaning solvents;
(b) Prioritizing dry cleaning facilities with confirmed
releases for removal or remedial action;
(c) Applying standards and methods for removal and remedial
actions selected or approved by the Department of Environmental
Quality; and
(d) Enforcing or undertaking removal and remedial actions.
SECTION 2. ORS 465.503 is amended to read:
465.503. (1) Except as provided under subsections (3), (4) and
(5) of this section, no dry cleaning owner or dry cleaning
operator shall be subject to any administrative or judicial
action to compel a removal or remedial action or to recover
remedial action costs caused by the release or threatened release
of dry cleaning solvent from an active or inactive dry cleaning
facility, whether the action is brought under ORS 465.200 to
465.510 and 465.900 or any other statute or regulation.
(2) Except as provided under subsections (3), (4) and (5) of
this section, no dry cleaning owner or dry cleaning operator
shall be liable under statutory, common or administrative law for
damage to real or personal property or to natural resources if
the damage is caused by the release or threatened release of dry
cleaning solvent from an active or inactive dry cleaning
facility, except upon proof that the release of dry cleaning
solvent was caused by the failure of the dry cleaning owner or
dry cleaning operator to exercise due care. Compliance with
applicable federal, state and local laws and regulations
{ - shall be - } { + , including waste minimization
requirements, is + } prima facie evidence that the dry cleaning
owner or dry cleaning operator exercised due care.
(3) { + Notwithstanding the date on which the release
occurred, + } the provisions of subsections (1) and (2) of this
section do not apply to a dry cleaning { - owner or dry
cleaning - } operator if:
(a) The release was caused by gross negligence of the dry
cleaning owner or dry cleaning operator;
{ - (b) The release resulted from a violation of federal or
state laws in effect at the time of the release, including but
not limited to waste minimization requirements imposed under ORS
465.505; - }
{ + (b) The release resulted from an action or omission that
was a violation by the dry cleaning owner or dry cleaning
operator of federal or state laws in effect at the time of the
release, including but not limited to waste minimization
requirements imposed under ORS 465.505; + }
(c) The dry cleaning owner or dry cleaning operator willfully
concealed a release of dry cleaning solvent contrary to laws and
regulations in effect at the time of the release or did not
comply with release reporting requirements applicable at the time
of the release;
(d) The dry cleaning owner or dry cleaning operator denies
access or unreasonably hinders or delays removal or remedial
action necessary at the facility; or
(e) The dry cleaning operator of the facility where the release
occurred has failed to pay fees under ORS 465.517 to 465.523 in
relation to dry cleaning activity at any dry cleaning facility.
{ - (4) The provisions of subsections (1) and (2) of this
section do not apply to a dry cleaning owner if the dry cleaning
facility has been an inactive dry cleaning facility for a period
of 90 days or more immediately preceding June 30, 1995. - }
{ + (4) Notwithstanding the date on which the release
occurred, subsections (1) and (2) of this section do not apply to
a dry cleaning owner if:
(a) The release was caused by gross negligence of the dry
cleaning owner or dry cleaning operator;
(b) The release resulted from a violation by the dry cleaning
owner or dry cleaning operator of federal or state laws in effect
at the time of the release, including but not limited to waste
minimization requirements imposed by ORS 465.505;
(c) The dry cleaning owner or dry cleaning operator willfully
concealed a release of dry cleaning solvent contrary to laws and
regulations in effect at the time of the release or did not
comply with the release reporting requirements applicable at the
time of release;
(d) The dry cleaning owner or dry cleaning operator denies
access or unreasonably hinders or delays removal or remedial
action necessary at the facility;
(e) The dry cleaning operator of the facility where the release
occurred has failed to pay fees under ORS 465.517 to 465.523 in
relation to dry cleaning activity at the facility; or
(f) The dry cleaning facility has been an inactive dry cleaning
facility for a period of 90 days or more immediately preceding
June 30, 1995. + }
(5) If hazardous substances are released as a result of both
the release of dry cleaning solvent from dry cleaning operations
and other activities, the exemptions from liability provided
under this section shall apply only to that portion of the
removal or remedial action or damage caused by the release or
threatened release of dry cleaning solvent from the dry cleaning
facility.
SECTION 3. ORS 465.505 is amended to read:
465.505. (1) In addition to any other applicable federal or
state law and regulation, the following waste minimization
{ - measures - } { + requirements + } shall apply to dry
cleaning facilities:
(a) All wastes { + meeting the state and federal criteria for
hazardous waste + }, excluding wastewater, generated at any dry
cleaning facility and containing dry cleaning solvents, including
residues and filters, shall be managed { + and disposed of + },
regardless of quantity generated, as hazardous wastes in
accordance with federal and state laws otherwise applicable to
management of hazardous wastes, except that, as to the cleanup of
releases of dry cleaning solvents, ORS 465.503 shall apply rather
than ORS 466.205;
{ - (b) Wastewater from dry cleaning machines shall not be
discharged to any sanitary sewer or septic tank or to the waters
of this state; - }
{ - (c) No dry cleaning facility shall include operation of
transfer-type dry cleaning equipment using perchloroethylene; - }
{ - (d) All newly installed dry cleaning systems using
perchloroethylene shall be of the dry-to-dry type and be equipped
with integral refrigerated condensers for the control of
perchloroethylene emissions; - }
{ - (e) All existing dry cleaning systems using
perchloroethylene shall install refrigerated condensers or an
equivalent; - }
{ - (f) Every dry cleaning facility shall install containment
tanks capable of containing any leak, spill or release of dry
cleaning solvent under and around each machine or item of
equipment in which any dry cleaning solvent is used; and - }
{ + (b) Wastewater contaminated with dry cleaning solvents
from the water separation process of dry cleaning machines may
not be discharged into any sanitary sewer or septic tank or into
the waters of this state;
(c) Dry cleaning operators shall manage solvent contaminated
wastewater generated in the water separation process in
accordance with rules adopted by the Environmental Quality
Commission;
(d) A dry cleaning facility may not include operation of
transfer-type dry cleaning equipment using perchloroethylene;
(e) All newly installed dry cleaning systems using
perchloroethylene shall be of the dry-to-dry type and be equipped
with integral refrigerated condensers with an outlet temperature
sensor for the control of perchloroethylene emissions;
(f) All existing dry cleaning systems using perchloroethylene
shall install refrigerated condensers, or an equivalent;
(g) Every dry cleaning facility shall install secondary
containment systems capable of containing dry cleaning solvent
under and around each machine or item of equipment in which any
dry cleaning solvent is used, treated or stored; and + }
{ - (g) - } { + (h) + } All perchloroethylene dry cleaning
solvent shall be delivered to dry cleaning facilities by means of
closed, direct-coupled delivery systems.
(2) The Department of Environmental Quality may authorize the
use of alternative measures at a dry cleaning facility in lieu of
one or more of the measures described under subsection (1) of
this section upon proof satisfactory to the department that the
alternative measures can provide equivalent protection for public
health and the environment, can achieve equivalent waste
minimization and are consistent with other applicable laws and
regulations.
(3) { - Annually on March 1, every dry cleaning operator
shall provide to the department, - } { + Every dry cleaning and
dry store operator shall provide annually to the department + }
on forms to be supplied by the department, information regarding
compliance with the waste minimization { - measures - }
{ + requirements + } set forth in subsection (1) of this section
and any other information as the department considers necessary
for carrying out the purposes of ORS 465.200 and 465.500 to
{ - 465.545 - } { + 465.548 + }.
(4) Notwithstanding any law to the contrary, { - any release
of dry cleaning solvents exceeding one pound shall be immediately
reported to the department by the dry cleaning operator for the
facility having the release - } { + a dry cleaning operator for
a facility having a release of dry cleaning solvents shall
immediately report any release exceeding one pound to the
notification system managed by the Office of Emergency Management
pursuant to ORS 401.275 + }.
(5) The Environmental Quality Commission { - is authorized
to - } { + shall + } adopt rules necessary to implement ORS
465.200 and 465.500 to { - 465.545 - } { + 465.548 + },
including but not limited to rules implementing the
recommendations of the advisory group established under ORS
465.507 or requiring the implementation of new waste minimization
technologies.
SECTION 4. ORS 465.507 is amended to read:
465.507. (1) The Director of the Department of Environmental
Quality shall appoint an advisory group comprised of members
representing a balance of at least the following interests:
(a) Dry cleaning operators; { +
(b) Dry cleaning owners; + }
{ - (b) - } { + (c) + } Dry cleaning industry members other
than { + owners and + } operators;
{ - (c) - } { + (d) + } Citizens;
{ - (d) - } { + (e) + } Environmental organizations; and
{ - (e) - } { + (f) + } Local governments.
(2) The advisory group shall meet periodically to review and
advise the Department of Environmental Quality regarding:
(a) Methods and standards for removal and remedial actions as
applied by the department at dry cleaning facilities;
(b) Waste minimization { + rules, guidelines + } and
{ - other - } requirements as applied to dry cleaning
facilities, including new technologies and industry practices;
(c) The department's use of the Dry Cleaner Environmental
Response Account, including use at multiple-source sites;
(d) The adequacy of revenue generated by fees assessed under
ORS 465.517 to 465.523 for meeting the costs of removal and
remedial actions at dry cleaning facilities; and
(e) Any other matters pertinent to the purposes of ORS 465.200
and 465.500 to { - 465.545 - } { + 465.548 + }.
SECTION 5. ORS 465.510 is amended to read:
465.510. (1) The Dry Cleaner Environmental Response Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys collected under ORS 465.517 to
465.523, all account expenditures recovered or otherwise
received { + , penalties assessed under ORS 465.992 + } and all
interest earned on moneys in the account shall be credited to the
account.
(2) All moneys in the Dry Cleaner Environmental Response
Account are continuously appropriated to the Department of
Environmental Quality and, except as provided under this section,
{ - shall - } { + may + } be expended solely for the
following purposes:
(a) Remedial action costs incurred by the department as a
result of a release at or from a dry cleaning facility;
(b) Preapproved remedial action costs incurred by a person
performing removal or remedial action as a result of a release at
or from a dry cleaning facility under a department order or
agreement expressly authorizing reimbursement from the account;
(c) The department's costs of program development,
administration, enforcement and cost recovery; and
(d) The department's indirect costs attributable to removal or
remedial action due to a release at or from a dry cleaning
facility.
(3) The department may expend Dry Cleaner Environmental
Response Account moneys only for those remedial action costs
defined in ORS 465.200 (23) that are reasonable in the
department's judgment. The department shall consider at least the
following factors, to the extent relevant information is
available, in determining the order in which removals or remedial
actions shall receive funding and the amount of funding:
(a) The dry cleaning facility's risk to public health and the
environment. Each facility's risk shall be evaluated relative to
the risk posed by other facilities.
(b) The need for removal or remedial action at the dry cleaning
facility relative to account availability and the need for
removal or remedial actions at other facilities.
(c) The nature of the activities for which expenditures are
necessary, in the following order of preference:
(A) Direct cost of cleanup, provided that adequate technical
investigation has been completed;
(B) Direct cost of technical investigation and remedy
evaluation;
(C) Administrative and indirect costs; and
(D) Enforcement, cost recovery and legal costs.
(4) If the department takes action at a facility, location or
area where hazardous substances have been released as a result of
both dry cleaning operations and other activities, including but
not limited to laundry operations, account moneys { - shall - }
{ + may + } be used only for that portion of the removal or
remedial action determined by the department to be necessitated
by the release of dry cleaning solvent by the dry cleaning
facility.
{ - (5) Beginning October 1, 1998, and annually thereafter,
the retail sale or transfer fee otherwise applicable for that
year under ORS 465.520 shall be increased by $4 if fees paid
under ORS 465.517 to 465.523 fail to generate $1 million or more
during the preceding 12-month period. - }
{ - (6) - } { + (5) + } Moneys in the account expended for
remedial action costs { - shall - } { + may + } be expended
solely for costs in excess of the following deductible amounts:
(a) For { + a + } release from a dry cleaning facility
employing
{ - four - } { + five + } or fewer individuals at the time of
release, including any dry cleaning owner, dry cleaning operator
or { - part-time - } { + full-time + } employee, $5,000;
{ - and - }
(b) For a release from a dry cleaning facility employing more
than { - four - } { + five + } individuals at the time of
release, including any dry cleaning owner, dry cleaning operator
or { - part-time - } { + full-time + } employee, { + $1,000
per owner, operator or full-time employee up to + } $10,000 { + ;
and
(c) For a release from an inactive site, $10,000 + }.
{ - (7) - } { + (6) + } The dry cleaning owner or dry
cleaning operator of the facility shall be responsible for paying
the deductible amount. The department may bring a civil action to
recover any moneys expended from the account in payment of costs
properly payable under this subsection by the dry cleaning owner
or dry cleaning operator.
{ - (8) - } { + (7) + } { - No moneys shall be
expended - } { + The department may not expend moneys + }out
of the Dry Cleaner Environmental Response Account { + :
(a) + } For the payment of any claim or judgment against the
state or its agencies for loss of business, damage or destruction
of property or personal injury arising from removal or remedial
action undertaken under ORS 465.500 to 465.510.
{ + (b) For remedial action and other costs under this
section if the dry cleaning owner or dry cleaning operator failed
to comply with the waste minimization requirements under ORS
465.505, and the failure to comply with the requirements is
determined by the department to be a contributing factor in the
release. + }
SECTION 6. ORS 465.515 is amended to read:
465.515. As used in ORS 465.517 to 465.548 and 465.992:
(1) 'Department' means the Department of Revenue.
(2) 'Director' means the Director of the Department of Revenue.
(3) 'Dry Cleaner Environmental Response Account' has the
meaning given under ORS 465.200.
(4) 'Dry cleaning facility' has the meaning given under ORS
465.200.
(5) 'Dry cleaning operator' has the meaning given under ORS
465.200.
{ + (6) 'Dry cleaning owner' has the meaning given under ORS
465.200. + }
{ - (6) - } { + (7) + } 'Dry cleaning solvent' has the
meaning given in ORS 465.200.
{ - (7) - } { + (8) + } 'Dry store' has the meaning given
in ORS 465.200.
{ - (8) - } { + (9) + } 'Facility' has the meaning given in
ORS 465.200.
{ - (9) - } { + (10) + } 'Person' has the meaning given in
ORS 465.200.
{ - (10) - } { + (11) + } 'Release' has the meaning given
in ORS 465.200.
{ - (11) - } { + (12) + } 'Remedial action' has the meaning
given in ORS 465.200.
{ - (12) - } { + (13) + } 'Retail sale or transfer' has the
meaning given in ORS 465.200.
SECTION 7. ORS 465.517 is amended to read:
465.517. (1) In addition to any other tax or fee imposed by
law, there is imposed on the privilege of operating an active dry
cleaning facility within this state { - an - } { + a base + }
annual fee of:
(a) { - $500 - } { + $250 + } for each dry store
{ - selling $50,000 or more of dry cleaning services
annually - } { + plus, if a dry cleaning solvent was ever used
at the dry store, an additional fee equal to the larger of the
following:
(A) $200, if perchloroethylene was ever used at the dry store;
or
(B) $100, if any other dry cleaning solvent was ever used at
the dry store + }; and
(b) { - $1,000 - } { + $500 + } for each dry cleaning
facility.
{ + (2) In addition to any other tax or fee imposed by law,
there is assessed on an active dry cleaning facility the
following annual risk fees:
(a) $100, for using a solvent other than perchloroethylene at
the facility during the fee period;
(b) $200, for using perchloroethylene at the facility at any
time prior to, but not during, the fee period; and
(c) $400, for using perchloroethylene at the facility during
the fee period.
(3) In addition to any other tax or fee imposed by law, there
is assessed on an active dry cleaning facility an environmental
fee based on the amount of gross revenue of dry cleaning services
the facility generates, in the following amounts:
(a) For facilities with less than $100,000 in gross revenue,
$250.
(b) For facilities with gross revenues between $100,000 and
$199,999, $500.
(c) For facilities with gross revenues between $200,000 and
$299,999, $750.
(d) For facilities with gross revenues between $300,000 and
$399,999, $1,000.
(e) For facilities with gross revenues of $400,000 or more,
$1,250. + }
{ - (2) - } { + (4) + } The { - fee - } { + fees
assessed + } shall be due on the first day of each calendar year
that the facility operates as a dry cleaning facility and shall
be prorated for partial year operation.
{ - (3) - } { + (5) + } { - The fee - } { + A dry
cleaning owner or dry cleaning operator shall pay the fees + }
imposed under this section { - may be paid - } in a single
payment, payable on January 1 { - , or in four installments
payable on January 1, April 1, July 1 and October 1. For
installment payments, the Department of Revenue may establish by
rule an additional fee to recover the costs to the department of
processing the installment payments - } .
{ + (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. + }
SECTION 8. ORS 465.527 is amended to read:
465.527. (1) { - The fees imposed by ORS 465.520 and 465.523
in any calendar quarter shall be due and payable on the 20th day
of the month following the end of the calendar quarter. - } The
fees imposed by ORS 465.517 to 465.523 shall be reported on forms
supplied by the Department of Revenue.
(2) The department for good cause may extend for not to exceed
30 days the time for { - making any report or - } paying any
fee required under ORS 465.517 to 465.523. The extension may be
granted at any time if a request therefor is filed with the
department on or before the due date of the { - report or - }
fee payment.
(3) Any person to whom an extension is granted shall pay, in
addition to the fee, interest at the rate established under ORS
305.220 for each month, or fraction thereof, from the date on
which the fee would have been due without the extension to the
date of payment.
SECTION 9. ORS 465.533 is amended to read:
465.533. (1) If the Department of Revenue believes that the
collection of any fee required to be paid by any person under ORS
465.517 to 465.523 will be jeopardized by delay, it shall
thereupon make a determination of the fee, noting that fact in
the determination. The amount determined is immediately due and
payable, with interest and penalty as provided in ORS 465.527 and
465.530.
(2) If the fee, interest and penalty specified in the jeopardy
determination is not paid within 20 days after service upon the
person of notice of the determination, the determination becomes
final, unless a petition for redetermination is filed within the
20 days.
(3) The person against whom a jeopardy determination is made
may petition for the redetermination thereof. The person shall,
however, file the petition for redetermination with the
department within 20 days after the service upon the person of
notice of the determination.
(4) The person shall at the time of filing the petition for
redetermination deposit with the department any security as it
may deem necessary to ensure compliance with this section and ORS
465.517 to 465.523, 465.527 and 465.530. The security may be sold
by the department at public sale, if necessary, in order to
recover any amount due. Notice of the sale may be served upon the
person who deposited the security personally or by mail. Upon
sale, { + the department shall return + } the surplus, if any,
above the amount due under this section and ORS 465.517 to
465.523, 465.527 and 465.530 { - shall be returned - } to the
person who deposited the security.
SECTION 10. ORS 465.535 is amended to read:
465.535. Unless the context requires otherwise, the provisions
of ORS chapters 305 and 314 pertaining to the audit and
examination of returns, periods of limitations, determination of
and notices of deficiencies, assessments, warrants, liens,
delinquencies, claims for refund and refunds, conferences,
appeals to the Director of the Department of Revenue, appeals to
the Oregon Tax Court, stay of collection pending appeal,
confidentiality of returns and the penalties and procedures
related thereto shall apply to the determinations of fees,
penalties and interest under ORS 465.200 and 465.500 to
{ - 465.545 - } { + 465.548 + }.
SECTION 11. ORS 465.537 is amended to read:
465.537. All moneys received by the Department of Revenue under
ORS 465.200 and 465.500 to { - 465.545 - } { + 465.548 + }
and moneys collected from civil penalties imposed under ORS
465.992 shall be deposited in the State Treasury and credited to
a suspense account established under ORS 293.445. After payment
of administrative expenses incurred by the department in the
administration of ORS 465.200 and 465.500 to { - 465.545 - }
{ + 465.548 + } and of refunds or credits arising from erroneous
overpayments, the balance of the moneys shall be credited to the
Dry Cleaner Environmental Response Account.
SECTION 12. ORS 465.545 is amended to read:
465.545. (1) Upon a determination by the Director of the
Department of Environmental Quality that necessary removal and
remedial action is completed and paid for at all dry cleaning
facilities having a confirmed release of dry cleaning solvent,
the director shall report to the next following session of the
Legislative Assembly with a recommendation for the
{ - repeal - } { + suspension + } of the fees { + , other than
the annual license fee, + } imposed under ORS 465.517 to 465.523
{ - and for repeal of the immunity granted under ORS 465.503 for
any release occurring or discovered after the date of repeal - }
.
(2) The Director of the Department of Environmental Quality
shall give notice of the intent to make the recommendation
described under subsection (1) of this section at least one year
prior to the date recommended by the director as the date of
{ - repeal - } { + suspension + }.
(3) The provisions of ORS 465.500 to 465.510 shall apply
retroactively to releases of dry cleaning solvents occurring
before June 30, 1995.
SECTION 13. ORS 465.548 is amended to read:
465.548. { - Annually, - } The Department of Revenue shall
make available to the Department of Environmental Quality and
other interested parties a list of all dry cleaning facilities
{ - to which - } { + certified by + } the Department of
Revenue { - has issued a certificate - } under ORS 465.546
{ - for the preceding year - } , evidencing payment by the dry
cleaning facility to the Department of Revenue of the annual fee
required under ORS 465.517. Notwithstanding ORS 465.535, the
provisions of ORS chapters 305 and 314 pertaining to
confidentiality of returns shall not apply to the disclosure of
the list under this section.
SECTION 14. ORS 465.520 is amended to read:
465.520. (1) In addition to any other tax or fee imposed by
law, a fee is imposed on the retail sale or transfer within this
state of dry cleaning solvent on or after January 1, 1996. The
fee shall be paid by the seller or transferor.
(2) The fee on each gallon of dry cleaning solvent is the
result obtained from multiplying the solvent factor of the dry
cleaning solvent by { - the following rate: - }
{ - (a) $12 for any retail sale or transfer in 1996. - }
{ - (b) For any retail sale or transfer after 1996, 103
percent of the sale or transfer fee rate applicable for the prior
year, rounded to the nearest cent. However, if the rate
applicable to the prior year was increased by $4 under ORS
465.510 (5), the 103 percent shall be calculated based upon the
rate that would have applied without the $4 increase - } { +
$10 + }.
(3) The solvent factor for each dry cleaning solvent is the
amount listed in the following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Dry Cleaning SolSolvent Factor
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Perchloroethylene 1.00
Any other solvent 0.20
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) Notwithstanding subsections (1) and (2) of this section, no
fee shall be imposed on the retail sale or transfer of any dry
cleaning solvent if, prior to the retail sale or transfer, the
purchaser or transferee provides the seller or transferor with a
certificate stating that:
(a) The dry cleaning solvent will not be used in a dry cleaning
facility; or
(b) The purchaser or transferee does not operate a dry cleaning
facility.
SECTION 15. { + Section 16 of this 2001 Act is added to and
made a part of ORS 465.500 to 465.548. + }
SECTION 16. { + (1) The Department of Environmental Quality
shall create a list of inactive dry cleaning facilities eligible
to receive funding from the Dry Cleaner Environmental Response
Account. The current or former owner or operator of an inactive
dry cleaning facility, or a representative of the current or
former owner or operator, may apply to the department to place
the facility on the list. In order to be placed on the list, a
fee of $250 must be submitted with the application and:
(a)(A) The facility must have been an inactive dry cleaning
facility eligible to receive funding from the account as of
December 31, 2001; and
(B) The application must be received by the department on or
before January 1, 2003; or
(b) The facility must have been an active facility on or after
January 1, 2002, and the application must be received by the
department within 180 days of becoming an inactive dry cleaning
facility.
(2) In order to remain on the list created by the department
pursuant to this section, a current or former owner or operator,
or a representative of a current or former owner or operator,
must submit an annual fee of $250 to the department.
(3) In order to receive funding from the account, an inactive
dry cleaning facility must be on the list created by the
department pursuant to this section.
(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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