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 607
A-Engrossed
Senate Bill 196
Ordered by the Senate April 9
Including Senate Amendments dated April 9
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Department of Environmental Quality)
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.
Establishes Hazardous Waste Technical Assistance Fund.
Specifies that certain penalties collected by Department of
Environmental Quality be deposited into fund { + and excess
penalties be deposited in State Treasury + }. Directs fund to be
used for technical assistance and information program. { +
Limits amount of funds used for administration and personnel
expenses. + }
Requires generators of hazardous waste to pay one-time
processing fee for obtaining United States Environmental
Protection Agency identification number.
Directs Department of Environmental Quality to enter into
negotiations with United States Environmental Protection Agency
for purpose of gaining acceptance of technical assistance
services as part of authorized program.
Sets annual fee for hazardous waste generators based on metric
tons of waste generated.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to hazardous waste; creating new provisions; amending
ORS 466.068, 466.165 and 466.990; 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. Moneys
received by the Department of Environmental Quality from
penalties collected under ORS 466.990 (1) shall be deposited in
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;
(c) Information clearinghouse activities; { - and - }
(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. ORS 466.990 is amended to read:
466.990. (1) In addition to any other penalty provided by law,
any person who violates ORS 466.005 to 466.385 and 466.992, a
license condition or any Environmental Quality Commission rule or
order pertaining to the generation, treatment, storage, disposal
or transportation by air or water of hazardous waste, as defined
by ORS 466.005, shall incur a civil penalty not to exceed $10,000
for each day of the violation.
(2) The civil penalty authorized by subsection (1) of this
section shall be imposed in the manner provided by { - ORS
468.135 - } { + ORS 183.090. Moneys from penalties collected
under subsection (1) of this section shall be deposited in the
Hazardous Waste Technical Assistance Fund established under
section 2 of this 2003 Act. No more than $250,000 per calendar
year may be deposited in the Hazardous Waste Technical Assistance
Fund. Moneys from penalties received by the commission in excess
of $250,000 per year shall be paid into the State Treasury as
provided in ORS 468.135 + }.
(3) In addition to any other penalty provided by law, any
person who violates a provision of ORS 466.605 to 466.680, or any
rule or order entered or adopted under ORS 466.605 to 466.680,
may incur a civil penalty not to exceed $10,000. Each day of
violation shall be considered a separate offense.
(4) The civil penalty authorized by subsection (3) of this
section shall be imposed in the manner provided by { - ORS
468.135 - } { + ORS 183.090 + }, except that a penalty collected
under { + subsection (3) of + } this section shall be deposited
to the fund established in ORS 466.670.
SECTION 8. { + 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 9. { + Section 4 of this 2003 Act is repealed on
January 2, 2006. + }
SECTION 10. { + 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. + }
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