Chapter 654 Oregon Laws 2003

AN ACT

SB 196

Relating to hazardous waste; creating new provisions; amending ORS 466.068 and 466.165; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 3 of this 2003 Act are added to and made a part of ORS 466.005 to 466.385.

SECTION 2. (1) The Hazardous Waste Technical Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the Hazardous Waste Technical Assistance Fund shall be credited to the fund.

(2) Moneys in the Hazardous Waste Technical Assistance Fund are continuously appropriated to the Department of Environmental Quality to implement ORS 466.068.

(3) The department may not expend more than 15 percent of the moneys in the fund to pay for the department’s administrative and personnel costs in implementing ORS 466.068.

SECTION 3. (1) Generators of hazardous waste who are required to obtain a United States Environmental Protection Agency identification number from the Department of Environmental Quality pursuant to 40 C.F.R. 262.12 shall pay to the department a one-time processing fee of $200 at the time of submitting an application for the identification number.

(2) Fees paid under this section are continuously appropriated to the department to pay the costs of implementing ORS 466.005 to 466.385.

SECTION 4. (1) The Department of Environmental Quality shall enter into negotiations with the United States Environmental Protection Agency for the purpose of gaining acceptance of the technical assistance services as part of the authorized program under the federal Resource Conservation and Recovery Act, P.L. 94-580, the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616, as amended, and federal regulations and interpretive and guidance documents issued pursuant to the federal Resource Conservation and Recovery Act.

(2) The department shall include representatives of hazardous waste generators and other interested parties in the negotiation process.

(3) The department shall report to the Seventy-third Legislative Assembly on the status of negotiations entered into pursuant to this section.

SECTION 5. ORS 466.068 is amended to read:

466.068. (1) The Department of Environmental Quality shall implement a technical assistance and information program for generators of hazardous waste [who are or are likely to be classified as conditionally exempt generators]. The program shall include but need not be limited to:

(a) Direct, on-site assistance;

(b) Coordination with industry trade associations;

(d) Publications and workshops [directed at specific types of conditionally exempt generators.]; and

(e) Other activities related to technical assistance.

(2) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection.

SECTION 6. ORS 466.165 is amended to read:

466.165. (1) An annual fee may be required of every generator, air or water transporter and permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate, less any federal funds budgeted therefor by legislative action, to carry on the monitoring, inspection and surveillance program established under ORS 466.195 and to cover related administrative costs. [All such fees are continuously appropriated to the Department of Environmental Quality to pay the cost of the program under ORS 466.195.]

(2) A generator assessed an annual fee established under subsection (1) of this section shall pay only that part of the annual fee that exceeds the amount paid in the previous calendar year under ORS 465.375 (3).

(3) A generator assessed an annual fee under subsection (1) of this section shall pay to the Department of Environmental Quality, as part of the annual fee, an annual hazardous waste generation fee of $110 per metric ton of waste generated during the year. Notwithstanding the amount of waste generated during the year, the hazardous waste generation fee paid under this subsection may not exceed $27,500.

(4) The limitation on the hazardous waste generation fee in subsection (3) of this section does not apply to late charges assessed by the department for failure to pay the hazardous waste generation fee by the due date.

(5) Fees collected under this section are continuously appropriated to the department to pay the cost of carrying on the monitoring, inspection and surveillance program under ORS 466.195 and related administrative costs.

SECTION 7. The amendments to ORS 466.165 by section 6 of this 2003 Act apply to annual fees paid on or after January 1, 2004, for hazardous waste generated on or after January 1, 2003.

SECTION 8. Section 4 of this 2003 Act is repealed on January 2, 2006.

SECTION 9. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor August 14, 2003

Filed in the office of Secretary of State August 15, 2003

Effective date August 14, 2003

__________