Chapter 609 Oregon Laws 2003

AN ACT

HB 2644

Relating to hazardous waste management fees; creating new provisions; and amending section 2, chapter 443, Oregon Laws 1997, and section 2, chapter 332, Oregon Laws 1999.

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, and section 1, chapter 400, Oregon Laws 2001, is amended to read:

Sec. 2. (1) Notwithstanding ORS 465.375 (2) and (3), for the period beginning July 1, 2001, and ending [January] March 1, 2004, the hazardous waste management fee under ORS 465.375 shall be:

(a) $7.50 per ton for waste 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 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;

(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

(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 443, Oregon Laws 1997, as amended by section 1, chapter 332, Oregon Laws 1999, section 1, chapter 400, Oregon Laws 2001, and section 1 of this 2003 Act, is amended to read:

Sec. 2. (1) Notwithstanding ORS 465.375 (2) and (3), for the period beginning [July 1, 2001] March 2, 2004, and ending [March 1, 2004] January 1, 2006, the hazardous waste management fee under ORS 465.375 shall be:

[(b) For the type of waste described in this paragraph, either $20 per ton for 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.]

(b) For waste received by the facility from the same site, property or hazardous waste management unit, if the total waste received is:

(A) Up to 2,500 tons, $20 per ton for all waste received;

(B) More than 2,500 tons and less than or equal to 12,500 tons, $10 per ton for all waste received;

(C) More than 12,500 tons and less than or equal to 25,000 tons, $5 per ton for all waste received; or

(D) More than 25,000 tons, $2.50 per ton for all waste received.

(d) $2 per ton for waste that is:

(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) Upon the request of the department, a facility shall allow the department to review the information relating to waste received by the facility that the facility used to determine the hazardous waste management fee for the types of waste described in subsection (1)(b) of this section.

[(2)] (3) 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)] (4) 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).

(5) For purposes of subsection (1)(b) of this section, “waste” means waste that 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 waste management unit.

SECTION 3. Section 2, chapter 332, Oregon Laws 1999, as amended by section 2, chapter 400, Oregon Laws 2001, is amended to read:

Sec. 2. Section 2, chapter 443, Oregon Laws 1997, is repealed January 2, [2004] 2006.

SECTION 4. The amendments to section 2, chapter 443, Oregon Laws 1997, by section 2 of this 2003 Act become operative March 2, 2004.

Approved by the Governor July 25, 2003

Filed in the office of Secretary of State July 25, 2003

Effective date January 1, 2004

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