72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2046
House Bill 3395
Sponsored by Representatives BATES, DALTO, MERKLEY;
Representatives AVAKIAN, HASS, KRUMMEL, MARCH, MONNES ANDERSON,
NOLAN, ROSENBAUM, TOMEI, WIRTH, Senators BURDICK, CARTER,
CORCORAN, DECKERT, DEVLIN, METSGER, MORRISETTE, RINGO, WALKER
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 as
introduced.
Requires person selling or distributing product containing
elemental mercury or mercury compounds to notify Director of
Human Services. Prohibits sale of product containing elemental
mercury or mercury compounds without label. Specifies contents of
label. Requires catalog, telephone and Internet sellers of
products containing elemental mercury or mercury compounds to
advise purchaser that product contains mercury.
Requires manufacturer of product containing elemental mercury
or mercury compounds to develop plan for recycling and collection
of product. Defines manufacturer. Specifies contents of plan.
Requires report to Department of Environmental Quality on
effectiveness of plan.
Directs Environmental Quality Commission to identify persons
holding air quality or water quality permit that allows emission
of more than 10 pounds of mercury per year. Directs identified
persons to submit mercury reduction plan to Department of
Environmental Quality. Directs department to require reductions
in mercury emissions under certain conditions.
Provides for civil penalties for violation of mercury labeling
requirements.
Requires Environmental Quality Commission to direct issuance of
$10 million in general obligation bonds for pollution control.
Specifies that proceeds are to be used for identification,
categorization and removal or remediation of mercury leachate
from abandoned gold and mercury mines.
Directs Department of Environmental Quality to report to
Legislative Assembly on scope of problem, identification of mines
and plan for removal or remedial action.
A BILL FOR AN ACT
Relating to mercury; creating new provisions; amending ORS
453.005, 453.035, 453.085, 453.095, 453.185, 453.995, 459.995
and 468.195; repealing ORS 646.845; and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS 453.005 to 453.135. + }
SECTION 2. { + (1) A person may not sell or offer for sale a
novelty item that contains encapsulated liquid mercury.
(2) Upon notification to the Director of Human Services by any
person that a novelty item for sale in the state contains
encapsulated liquid mercury, the Department of Human Services
shall notify persons identified as selling the novelty item of
the prohibition on the sale of such items.
(3) The department may impose a civil penalty as provided in
ORS 453.995 if a person continues to sell a novelty item that
contains encapsulated liquid mercury after notification of the
prohibition on the sale of such items. + }
SECTION 3. { + Section 4 of this 2003 Act is added to and made
a part of ORS 459A.005 to 459A.620. + }
SECTION 4. { + (1) A manufacturer may not introduce or deliver
for introduction into commerce any product that contains
elemental mercury or mercury compounds unless the manufacturer
has submitted a manufacturer-paid mercury recycling and
collection plan to the Department of Environmental Quality and
has implemented the plan.
(2) The department may adopt rules defining standards for
mercury recycling and collection plans including requirements
that the plans:
(a) Provide a detailed description of the products introduced
or provided for introduction into commerce;
(b) Institute a recycling and collection system that includes:
(A) A public education component to inform the public about the
purpose of the recycling and collection system and how to
participate in the system.
(B) A target capture and recycling rate.
(C) A plan to safely recycle or dispose of elemental mercury or
mercury compounds.
(c) Indicate how the manufacturer intends to implement and
finance the recycling and collection system.
(d) Describe the performance measures that will be utilized by
the manufacturer to demonstrate to the department that the
recycling and collection system is meeting capture targets.
(e) Describe additional or alternative actions that will be
taken if the the initial actions fail to meet capture targets.
(f) Provide for the recycling and collection of more than:
(A) 50 percent of products that contain elemental mercury or
mercury compounds by January 1, 2005; and
(B) 80 percent of products that contain elemental mercury or
mercury compounds by January 1, 2007.
(3) On July 1 of each even-numbered year, each manufacturer
required to submit a recycling and collection plan under this
section shall file with the department a report on the
effectiveness of the plan implemented by the manufacturer. The
report shall include an estimate of the amount of elemental
mercury and mercury compounds that was recycled and collected
through the plan, the capture rate of the plan and other
information as the department may, by rule, require.
(4) The department shall make plans and reports submitted to
the department under this section available to the public upon
request and in electronic form on the World Wide Web.
(5) As used in this section:
(a) 'Manufacturer' means a manufacturer of automobiles,
appliances, recreational vehicles, thermostats and mercury-added
switches, relays, sensors and pumps.
(b) 'Product that contains elemental mercury or mercury
compounds' includes any product of which the product that
contains elemental mercury or mercury compound is an integral
part. + }
SECTION 5. { + Section 6 of this 2003 Act is added to and made
a part of ORS chapter 468. + }
SECTION 6. { + (1) A person holding a permit issued under ORS
468A.040 or 468B.050 that has been identified by the
Environmental Quality Commission as having a permit under which
more than 10 pounds of elemental mercury or mercury compounds may
be released on a yearly basis shall report to the Department of
Environmental Quality, within one year of being notified of this
requirement by the department, on the amount of elemental mercury
or mercury compounds released under the permit.
(2) The report required by this section shall be based on
samples and information taken from at least four random samplings
from the emissions allowed under the permit. The four random
samplings shall be taken at a time during which the emissions
allowed under the permit represent emissions from normal
operations of the facility, establishment or system producing the
emissions.
(3) If the report required by this section shows that the
permit allows the release of 10 pounds or more per year of
elemental mercury or mercury compounds, the department shall
require that the person submit a mercury reduction plan to the
department. The department may adopt the form of and required
elements of mercury reduction plans, but the plans shall, at a
minimum, contain:
(a) The amount of elemental mercury or mercury compounds
released under the permit;
(b) The estimated per year amount of future releases of
elemental mercury or mercury compounds;
(c) A plan for reducing releases of elemental mercury or
mercury compounds over a five-year period;
(d) A plan for the total elimination of elemental mercury or
mercury compounds by 2020; and
(e) The estimated cost of any reduction of releases of
elemental mercury or mercury compounds.
(4) Notwithstanding the limitations of permits issued pursuant
to ORS 468A.040 or 468B.050, the department shall require
reductions in the amount of elemental mercury or mercury
compounds emitted under such a permit if the person holding the
permit does not achieve a voluntary 50 percent reduction in
elemental mercury or mercury compound emissions by January 1,
2010, when compared to a baseline year of 2004. + }
SECTION 7. { + The Environmental Quality Commission shall
identify the persons specified in section 6 (1) of this 2003 Act
on or before July 1, 2004. + }
SECTION 8. ORS 453.005 is amended to read:
453.005. As used in ORS 453.005 to 453.135 { - and 453.990
(2) - } unless the context requires otherwise:
(1) 'Combustible' means any substance which has a flash point
above 80 degrees Fahrenheit to and including 140 degrees, as
determined by the Tagliabue Open Cup Tester.
(2) 'Commerce' means any and all commerce within the State of
Oregon and subject to the jurisdiction thereof and includes the
operation of any business or service establishment.
(3) 'Corrosive' means any substance which in contact with
living tissue will cause destruction of tissue by chemical
action, but does not refer to action on inanimate surfaces.
(4) 'Electrical hazard' means an article which because of its
design or manufacture may cause personal injury or illness by
electric shock when in normal use or when subjected to reasonably
foreseeable damage or abuse.
(5) 'Extremely flammable' means any substance which has a flash
point at or below 20 degrees Fahrenheit as determined by the
Tagliabue Open Cup Tester.
(6) 'Flammable' means any substance which has a flash point of
above 20 degrees to and including 80 degrees Fahrenheit, as
determined by the Tagliabue Open Cup Tester.
(7) 'Hazardous substance' means:
(a) Any substance which is toxic, corrosive, an irritant, a
strong sensitizer, flammable, combustible, or generates pressure
through decomposition, heat or other means, if such substance or
mixture of substances may cause substantial personal injury or
substantial illness during or as a proximate result of any
customary or reasonably foreseeable handling or use, including
reasonably foreseeable ingestion by children or any substance
which the Director of Human Services finds, pursuant to the
provisions of ORS 453.005 to 453.135 { - and 453.990 (2) - } ,
comes within the definition of this paragraph.
(b) Any radioactive substance, if, with respect to such
substance as used in a particular class of article or as
packaged, the director determines that the substance is
sufficiently hazardous to require labeling in accordance with ORS
453.005 to 453.135 { - and 453.990 (2) - } in order to protect
the public health. However, the term 'hazardous substance' does
not include any source material, special nuclear material, or
by-product material as defined in the Atomic Energy Act of 1954,
as amended, and regulations issued pursuant thereto by the Atomic
Energy Commission.
(c) Any toy or other article intended for use by children which
the director determines in accordance with ORS 453.055 { + is a
hazardous substance, bears or contains a hazardous substance
or + } presents an electrical, thermal or mechanical hazard.
(d) Any article which is not pesticide within the meaning of
the Federal Insecticide, Fungicide, and Rodenticide Act or
regulated under ORS 616.335 to 616.385, but which is a hazardous
substance within the meaning of paragraph (a) of this subsection
by reason of bearing or containing pesticide.
{ + (e) Elemental mercury or mercury compounds. + }
(8) 'Highly toxic' means any substance which falls within any
of the following categories:
(a) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, at a single dose of 50 milligrams or less per
kilogram of body weight, when orally administered; or
(b) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, when inhaled continuously for a period of one
hour or less at an atmosphere concentration of 200 parts per
million by volume or less of gas or vapor or two milligrams per
liter by volume or less of mist or dust, provided such
concentration is likely to be encountered by humans when the
substance is used in any reasonably foreseeable manner; or
(c) Produces death within 14 days in one-half or more of a
group of 10 or more rabbits tested in a dosage of 200 milligrams
or less per kilogram of body weight, when administered by
continuous contact with the bare skin for 24 hours or less.
(9) 'Immediate container' does not include package liners.
(10) 'Irritant' means any substance not corrosive within the
meaning of subsection (3) of this section, but which on
immediate, prolonged, or repeated contact with normal living
tissue will induce a local inflammatory reaction.
(11) 'Label' means a display of written, printed, or graphic
matter upon the immediate container of any substance, or in the
case of an article which is unpackaged or is not packaged in an
immediate container intended or suitable for delivery to the
ultimate consumer, a display of such matter directly on the
article involved or on a tag or other suitable material affixed
thereto, and a requirement made by or under authority of ORS
453.005 to 453.135 { - and 453.990 (2) - } that any word,
statement, or other information appearing on the label shall not
be considered to be complied with unless such word, statement, or
other information also appears on the outside container or
wrapper, if any, unless it is easily legible through the outside
container or wrapper and on all accompanying literature where
there are directions for use, written or otherwise.
{ + (12) 'Manufacturer' means:
(a) Any person that produces a product that contains elemental
mercury or mercury compounds or serves as a distributor of
products containing elemental mercury or mercury compounds; or
(b) The last manufacturer to produce or assemble a product that
contains elemental mercury or mercury compounds if the product is
produced or assembled in more than one stage by more than one
manufacturer. + }
{ - (12) - } { + (13) + } 'Mechanical hazard' means an
article which in normal use or when subjected to reasonably
foreseeable damage or abuse presents an unreasonable risk of
personal injury or illness, by its design or manufacture:
(a) From fracture, fragmentation, or disassembly of the
article;
(b) From propulsion of the article or any part or accessory
thereof;
(c) From points or other protrusions, surfaces, edges,
openings, or closures;
(d) From moving parts;
(e) From lack or insufficiency of controls to reduce or stop
motion;
(f) As a result of self-adhering characteristics of the
article;
(g) Because the article or any part or accessory thereof may be
aspirated or ingested;
(h) Because of instability; or
(i) Because of any other aspect of the article's design or
manufacture.
{ - (13) - } { + (14) + } 'Misbranded hazardous substance'
means a hazardous substance that does not meet the labeling
requirements of ORS 453.035.
{ - (14) - } { + (15) + } 'Poison' means:
(a) Arsenic and its preparations;
(b) Corrosive sublimate;
(c) Cyanides and preparations, including hydrocyanic acid;
(d) Hydrochloric acid and any preparation containing free or
chemically unneutralized hydrochloric acid (HCl) in a
concentration of 10 percent or more;
(e) Nitric acid or any preparation containing free or
chemically unneutralized nitric acid (HNO3) in a concentration of
five percent or more;
(f) Strychnine;
(g) Sulfuric acid and any preparation containing free or
chemically unneutralized sulfuric acid (H2SO4) in a concentration
of 10 percent or more;
(h) Solution of ammonia, U.S.P. 28 percent; or
(i) Carbolic acid.
{ - (15) - } { + (16) + } 'Radioactive substance' means a
substance which emits ionizing radiation.
{ - (16) - } { + (17) + } 'Strong sensitizer' means a
substance which will cause on normal living tissue, through an
allergic or photodynamic process, a hypersensitivity which
becomes evident on reapplication of the same substances and which
is designated as such by the Director of Human Services.
{ - (17) - } { + (18) + } 'Thermal hazard' means an article
which, in normal use or when subjected to reasonably foreseeable
damage or abuse, because of its design or manufacture presents an
unreasonable risk of personal injury or illness because of heat
as from heated parts, substances or surfaces.
{ - (18) - } { + (19) + } 'Toxic substance' means any
substance, other than radioactive substance, which has the
capacity to produce personal injury or illness to humans through
ingestion, inhalation, or absorption through any body surface.
SECTION 9. ORS 453.035 is amended to read:
453.035. (1) The Director of Human Services shall adopt
standards for the labeling of hazardous substances. The director
may permit or require the use of a recognized generic name or may
require the common or usual name or the chemical name, if there
is no common or usual name, of the hazardous substance or of each
component which the director finds contributes substantially to
its hazard.
(2) The director shall require:
(a) The word 'Danger' on substances which are extremely
flammable, corrosive or highly toxic;
(b) The word 'Warning' or 'Caution' on other hazardous
substances;
(c) An affirmative statement of the principal hazard or
hazards, such as 'Flammable,' 'Combustible,' 'Vapor Harmful,'
'Causes Burns,' 'Absorbed Through Skin,' or similar wording
descriptive of the hazard;
(d) Precautionary measures describing the action to be followed
or avoided, except when modified by rule of the director pursuant
to subsection (4) of this section;
(e) Instruction, when necessary or appropriate, for first-aid
treatment;
(f) The word 'Poison' for any hazardous substance which is
defined as 'highly toxic' in ORS 453.005;
(g) Instructions for handling and storage of packages which
require special care in handling or storage;
(h) Adequate directions for the protection of children from the
hazard if the article is intended for use by children and is not
a banned hazardous substance, or the statement 'Keep out of the
reach of children,' or its practical equivalent, if the article
is not intended for use by children; and
(i) The name and place of business of the manufacturer, packer,
distributor or seller.
{ + (3) For products containing elemental mercury or mercury
compounds other than mercury-added button cell batteries, in
addition to the other labeling requirements of this section, the
director shall require that the label inform persons buying or
using the product that:
(a) The product contains elemental mercury or mercury
compounds.
(b) The product may not be disposed of until the elemental
mercury or mercury compounds are removed, reused, recycled or
otherwise managed to ensure that the elemental mercury or mercury
compounds do not enter the environment. + }
{ - (3) - } { + (4) + } Any statement required by this
section must be in the English language, located prominently and
in conspicuous and legible type in contrast by typography, layout
or color with other printed matter on the label. { + Statements
required by this section shall be printed on labels of sufficient
durability to remain legible for the life of the labeled
product. + }
{ - (4) - } { + (5) + } If the director finds that, because
of the size of the package involved or because of the minor
hazard presented by the substance contained therein, or for other
good and sufficient reasons, full compliance with the labeling
requirements otherwise applicable under ORS 453.005 to 453.135
{ - and 453.990 (2) - } is impracticable or is not necessary
for the adequate protection of the public health and safety, the
director may authorize the exemption of such substance from the
requirements { + , or may authorize alternatives to the labeling
requirements + }, to an extent consistent with adequate
protection of the public health and safety.
SECTION 10. ORS 453.085 is amended to read:
453.085. { - It shall be unlawful for any person to - }
{ + A person may not + } perform any of the following acts:
(1) The introduction or delivery for introduction into commerce
of any misbranded hazardous substance or banned hazardous
substance.
(2) The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the label of a hazardous
substance.
(3) The { - doing - } { + performance + } of any act with
respect to a hazardous substance while the substance is in
commerce, or while the substance is held for sale or resale after
shipment in commerce, which results in the hazardous substance
being a misbranded hazardous substance or a banned hazardous
substance.
(4) The receipt of or delivery into commerce of any misbranded
hazardous substance or banned hazardous substance for pay or
otherwise.
(5) The giving of a guarantee or undertaking which is false,
except as a person who relied upon a guarantee or undertaking to
the same effect signed by, and containing the name and address
of, a person residing in the United States from whom the person
received in good faith the hazardous substance.
(6) The failure to permit entry or inspection as authorized by
ORS 453.005 to 453.135 { - and 453.990 (2) - } or to permit
access to and copying of any record as authorized by ORS 453.005
to 453.135
{ - and 453.990 (2) - } .
(7) The introduction or delivery for introduction into
commerce, or the receipt in commerce and subsequent delivery or
proffered delivery for pay or otherwise, of a hazardous substance
in a reused food, drug or cosmetic container or in a container
which, though not a reused container, is identifiable as a food,
drug or cosmetic container by its labeling or by other
identification.
(8) The use by any person to the advantage of the person, or
the revealing other than to the Director of Human Services or the
authorized representative of the director or to a court of any
information acquired under authority of ORS 453.005 to 453.135
{ - and 453.990 (2) - } concerning any method or process which
is a trade secret entitled to protection.
(9) The sale or delivery of any poison to a minor under 18
years of age without the written order of a person 21 years of
age or over, which written order shall be retained in the records
of the seller and the poison register of the seller shall show by
the name of the purchaser the fact that the sale or delivery was
to a minor on order of an adult and show the adult's name and
address.
(10) The sale or delivery of completely denatured alcohol,
methyl alcohol (methanol), canned heat or other solidified forms
of denatured alcohol, or any preparation containing those
substances, to be used for beverage purposes.
(11) The sale or delivery of any poison without making or
causing to be made an entry in a poison register of the seller in
the manner required by law.
(12) The sale or delivery to any person of any poison without
having learned by due inquiry that such person is aware of the
poisonous character thereof and that it is desired for a lawful
purpose.
(13) The giving of a fictitious name or making any false
representations to the seller or dealer when buying any of the
poisons.
(14) The sale or delivery to any person by anyone other than a
pharmacist of a poison.
(15) The removal or disposal of any detained or embargoed
article without permission of the Director of Human Services or a
designated representative.
{ + (16) The introduction or delivery for introduction into
commerce of any product containing elemental mercury or mercury
compounds unless the manufacturer or a designated trade
association provides prior notification to the director in
writing or in electronic form in a manner specified by the
director, and revised when requested by the director or upon a
significant change in the information, that includes:
(a) A description of the product, or category of products if
permitted by the director, to be introduced or delivered for
introduction into commerce.
(b) The purpose for which elemental mercury or mercury
compounds are used in the product.
(c) The total amount of elemental mercury or mercury compounds
in each product.
(d) The name, address and contact person of the manufacturer.
(17) The introduction or delivery for introduction into
commerce of a product containing elemental mercury or mercury
compounds through a method, such as sales through catalog,
telephone or World Wide Web, where the purchaser is unable to
physically see the product and required labels thereon, without
first informing the purchaser that the product contains elemental
mercury or mercury compounds. + }
SECTION 11. ORS 453.095 is amended to read:
453.095. (1) The authority to adopt rules for the
administration and enforcement of ORS 453.005 to 453.135
{ - and 453.990 (2) - } is vested in the Director of Human
Services pursuant to ORS 183.310 to 183.550.
(2) The director shall cause the rules adopted under ORS
453.005 to 453.135 { - and 453.990 (2) - } to be no less
strict than rules established pursuant to the Federal Hazardous
Substances Act.
(3) The combustibility, and extreme flammability of solids and
of the contents of self-pressurized containers shall be
determined by methods found by the director to be generally
applicable to such materials or containers, respectively, and
established by the director.
(4) Before designating any substance as a strong sensitizer,
the director, upon consideration of the frequency of occurrence
and severity of the reaction, shall find that the substance has a
significant potential for causing hypersensitivity.
{ + (5) The director may make information submitted to the
director as required by ORS 453.085 available to the public in
electronic form on the World Wide Web. + }
SECTION 12. ORS 453.995 is amended to read:
453.995. (1) In addition to any other liability or penalty
provided by law, the Department of Human Services may impose a
civil penalty on a person for violation of { + :
(a) + } ORS 453.885 { + ; or
(b) ORS 453.005 to 453.135 or rules adopted under those
provisions by the department + }.
(2) A civil penalty imposed under this section may not exceed
{ - $2,000 - } { + $10,000 + }.
(3) ORS 183.090 applies to civil penalties imposed under this
section.
SECTION 13. ORS 453.185 is amended to read:
453.185. It is unlawful for any person to give a fictitious
name or make any false representations to the seller or dealer
when buying any of the poisons or any caustic or corrosive
substances specified in ORS 453.005 { - (14) - } { + (15) + }
or in the rules of the State Board of Pharmacy.
SECTION 14. ORS 459.995 is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 459A.005 to 459A.620
{ - , - } { + or + } 459A.675 to 459A.685 { - or 646.845 - }
or any rule or order of the Environmental Quality Commission
pertaining to the disposal, collection, storage or reuse or
recycling of solid wastes, as defined by ORS 459.005, or any rule
or order pertaining to the disposal, storage or transportation of
waste tires, as defined by ORS 459.705, { - or any rule or
order pertaining to the sale of novelty items that contain
encapsulated liquid mercury, - } shall incur a civil penalty not
to exceed $10,000 a day for each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 shall incur a civil penalty not to exceed $500 for each
violation. Each battery that is disposed of improperly shall be a
separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district shall incur a civil penalty not to exceed $500 for each
violation.
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 shall incur a civil penalty not to exceed
$1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties
under subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
SECTION 15. { + (1) Pursuant to ORS 286.033 and subject to the
limitation expressed in ORS 468.195, the Environmental Quality
Commission shall direct the issuance of $10 million in general
obligation bonds, authorized by Article XI-H of the Oregon
Constitution, for the purposes specified in this section.
(2) As authorized under ORS 468.220 (1)(n), the Department of
Environmental Quality shall use the proceeds from the bonds
issued pursuant to this section to:
(a) Identify abandoned gold and mercury mines that pose a
hazard to the environment from leachate containing mercury.
(b) Prioritize identified mines into categories, including a
highest priority for removal or remedial action category.
(c) Complete removal or remedial action of hazardous substances
at the highest priority sites. + }
SECTION 16. ORS 468.195 is amended to read:
468.195. In order to provide funds for the purposes specified
in Article XI-H of the Oregon Constitution { + , + } bonds may be
issued in accordance with the provisions of ORS 286.031 to
286.061. The principal amount of the bonds outstanding at any one
time, issued under authority of this section, { - shall - }
{ + may + } not exceed { - $260 - } { + $270 + } million par
value.
SECTION 17. { + The Department of Environmental Quality shall,
no later than January 1, 2005, report to the Legislative Assembly
regarding:
(1) The identification process completed pursuant to section 15
of this 2003 Act, including:
(a) A description of hazards posed by abandoned gold and
mercury mines.
(b) An estimated number of abandoned gold and mercury mines
that may pose a hazard to the environment due to leachate
containing mercury.
(2) The gold and mercury mines categorized for removal and
remedial action.
(3) A plan for removal and remedial action at the highest
priority mines by January 1, 2010, including the estimated cost
of the removal and remedial action and the estimated amount of
mercury that will be removed. + }
SECTION 18. { + Notwithstanding any other law limiting
expenditures, the amount of $1 is established for the biennium
beginning July 1, 2003, as the maximum limit for payment of
expenses from the Pollution Control Fund by the Department of
Environmental Quality. + }
SECTION 19. { + ORS 646.845 is repealed. + }
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