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 2050
A-Engrossed
Senate Bill 419
Ordered by the Senate May 9
Including Senate Amendments dated May 9
Sponsored by Senator HARPER
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.
{ + Directs dry cleaning advisory group to develop goals for
Department of Environmental Quality relating to cleanup of
contamination resulting from dry cleaning facilities. Modifies
annual fees on dry cleaning facilities. Provides exemption and
credit if field testing shows no release of solvents.
Transfers certain functions, duties, records, employees and
moneys from Department of Revenue to Department of Environmental
Quality. + }
Limits exemption from administrative or judicial action to
compel removal or remedial action or to recover remedial action
costs caused by release or threatened release of dry cleaning
solvent. Limits exemption from liability for damages caused by
release or threatened release of dry cleaning solvent. Eliminates
repeal of dry cleaning facilities cleanup statutes.
A BILL FOR AN ACT
Relating to dry cleaning establishments; creating new provisions;
amending ORS 465.200, 465.500, 465.503, 465.507, 465.510,
465.517, 465.520, 465.525, 465.527, 465.545 and 468.035;
repealing ORS 465.515, 465.530, 465.533, 465.535, 465.537,
465.540, 465.543, 465.546 and 465.548 and sections 16, 20 and
21, chapter 495, Oregon Laws 2001; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 465.503 is amended to read:
465.503. (1) Except as provided under subsections (3), (4) and
(5) of this section, { + and except to the extent that property,
liability or other insurance is available to pay remedial action
costs, + }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, { + and except to the extent that property,
liability or other insurance is available, + } 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, 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 operator if:
(a) The release was caused by gross negligence of the dry
cleaning owner or dry cleaning operator;
(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 - }
{ + , 465.520 and + } 465.523 in relation to dry cleaning
activity at any dry cleaning facility.
(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 - }
{ + , 465.520 and + } 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 2. { + The amendments to ORS 465.503 by section 1 of
this 2003 Act apply to costs or damages incurred as a result of a
release or threatened release before, on or after the effective
date of this 2003 Act. + }
SECTION 3. 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;
(c) Dry cleaning industry members other than owners and
operators;
(d) Citizens;
(e) Environmental organizations; and
(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 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 - } { + , 465.520 and + } 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 465.548.
{ + (3) The advisory group shall develop goals for the
department that relate to the cleanup of contamination resulting
from dry cleaning facilities. In developing the goals, the group
may review and monitor the administrative costs of the department
for implementing ORS 465.500 to 465.548 and shall include
recommendations for:
(a) Reducing administrative costs;
(b) Prioritizing dry cleaning facilities that have confirmed
releases for removal or remedial action;
(c) Determining and limiting the ultimate cost of removal or
remedial actions at dry cleaning facilities paid from the Dry
Cleaner Environmental Response Account; and
(d) Determining the ultimate cost of future liability to the
state for removal or remedial actions at dry cleaning facilities
not covered by the Dry Cleaner Environmental Response
Account. + }
SECTION 4. 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 - } { + , 465.520 and + } 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,
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) - } { + (24) + } 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 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) Moneys in the account expended for remedial action costs
may be expended solely for costs in excess of the following
deductible amounts:
(a) For a release from a dry cleaning facility employing five
or fewer individuals at the time of release, including any dry
cleaning owner, dry cleaning operator or full-time employee,
$5,000;
(b) For a release from a dry cleaning facility employing more
than five individuals at the time of release, including any dry
cleaning owner, dry cleaning operator or 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.
(6) The dry cleaning owner or dry cleaning operator of the
facility shall be responsible for { + :
(a) + } 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 - }
{ + paragraph + } by the dry cleaning owner or dry cleaning
operator.
{ + (b) Investigating whether an insurance policy provides
coverage for the costs arising from a release or threatened
release and obtaining payment for those costs. In order to
receive an exemption from administrative action, judicial action
or liability under ORS 465.503, the dry cleaning owner or dry
cleaning operator:
(A) Must initiate all actions reasonably necessary to obtain
coverage from an insurance policy that may be available to pay
costs associated with a release or threatened release; and
(B) May not take any action that may prejudice the owner's or
operator's ability to obtain, under an insurance policy, coverage
of or payment of costs associated with a release or threatened
release. + }
(7) 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 - } { +
465.260 + }.
(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 5. 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 a base annual fee of: - }
{ - (a) $250 for each dry store 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) $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. - }
{ + (1) In addition to any other tax or fee imposed by law,
there is assessed on dry cleaning facilities the following annual
fees:
(a) For any dry cleaning facility that utilized any solvent
prior to January 1, 1998, $500.
(b) For any dry cleaning facility that, after January 1, 1998,
has utilized or utilizes, during any part of the annual fee
period, perchloroethylene, $500.
(2) Notwithstanding subsection (1) of this section, if the dry
cleaning owner or dry cleaning operator has an expanded
preliminary assessment, including field testing, conducted at the
facility in a manner approved by the department and the
assessment shows that no release of solvents has occurred, a dry
cleaning facility may:
(a) Be permanently exempted from payment of the fee under
subsection (1)(a) of this section; and
(b) Receive a credit of $1,000 for payments required by
subsection (1) of this section. + }
(3) In addition to any other tax or fee imposed by law, there
is assessed on an active dry cleaning facility { - an
environmental - } { + an annual + }fee { - based on - }
{ + in + } the amount of { + one percent of the + } gross
revenue of dry cleaning services { + that + } the facility
generates { + in the annual fee period. Gross revenue does not
include revenues of a dry cleaning facility received for services
to a dry store not owned or operated by the dry cleaning
facility. + } { - , 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. - }
(4) The 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.
(5) A dry cleaning owner or dry cleaning operator shall pay the
fees imposed under this section in a single payment, payable on
{ - January - } { + March + } 1.
{ - (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 6. ORS 465.520 is amended to read:
465.520. (1) In addition to any other tax or fee imposed by
law, a fee { + , payable by the seller or transferor, + } is
imposed on { + :
(a) + } The retail sale or transfer within this state of dry
cleaning solvent on or after January 1, 1996 { + ; and
(b) The transfer of dry cleaning solvent from an off-site
reclamation facility + }. { - 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 $10.
(3) The solvent factor for each dry cleaning solvent is the
amount listed in the following table:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Dry Cleaning SolSolvent Factor
____NOTE_TO_WEB_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 7. ORS 465.525 is amended to read:
465.525. (1) For a fraction of a gallon, the fee imposed under
ORS 465.520 and 465.523 shall be proportionate to the fee imposed
on a whole gallon.
(2) If the fee is paid pursuant to ORS 465.520 and 465.523 on
dry cleaning solvent that is subsequently resold or exported from
this state and not reimported for use in a dry cleaning facility,
the reseller or exporter of the dry cleaning solvent is entitled
to claim a refund or credit for the fee on the dry cleaning
solvent that was paid by the reseller or exporter. The Department
of { - Revenue - } { + Environmental Quality + } may require
a fee payer claiming a refund to provide proof that the fee was
paid with respect to the dry cleaning solvent and proof of its
use or sale in a manner not subject to fee assessment.
SECTION 8. ORS 465.527 is amended to read:
465.527. { - (1) - } The fees imposed by ORS 465.517
{ - to - } { + , 465.520 and + } 465.523 shall be
{ - reported on forms supplied - } { + paid pursuant to
information reported on forms supplied + }by the Department of
{ - Revenue - } { + Environmental Quality + }.
{ - (2) The department for good cause may extend for not to
exceed 30 days the time for 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 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. { + Section 10 of this 2003 Act is added to and
made a part of ORS 465.500 to 465.548. + }
SECTION 10. { + (1) If a person fails to submit the fees
imposed by ORS 465.517, 465.520 and 465.523 by the date shown on
the form supplied under ORS 565.527, the Department of
Environmental Quality shall assess a late charge equal to 10
percent of the unpaid amount. An additional late charge of 10
percent of the unpaid amount shall be assessed for each 30-day
period that the fees remain unpaid. If the invoice remains unpaid
after three additional late charges are incurred, the department
may not assess further charges.
(2) If the department is unable to collect fees, charges or
interest imposed by this section or ORS 465.517, 465.520 or
465.523, the department may authorize the Director of the
Department of Revenue to collect the fees, charges or interest in
the manner provided by ORS chapters 305 and 314.
(3) The Department of Environmental Quality may request tax
information and financial records necessary to perform audits and
examinations to verify fee-related information submitted by
persons who pay fees under ORS 465.517, 465.520 and 465.523. All
tax information and financial records obtained by the department
pursuant to this subsection are exempt from public disclosure
under ORS 192.410 to 192.505. + }
{ +
TRANSFER + }
SECTION 11. { + The duties, functions and powers of the
Department of Revenue relating to the collection of fees from dry
cleaning owners and dry cleaning operators and other
responsibilities of the Department of Revenue under ORS 465.517
to 465.548 are imposed upon, transferred to and vested in the
Department of Environmental Quality. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 12. { + (1) The Director of the Department of Revenue
shall:
(a) Deliver to the Department of Environmental Quality all
records and property within the jurisdiction of the director that
relate to the duties, functions and powers transferred by section
11 of this 2003 Act; and
(b) Transfer to the Department of Environmental Quality those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 11 of this 2003 Act.
(2) The Director of the Department of Environmental Quality
shall take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 11 of this
2003 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
Department of Revenue and the Department of Environmental Quality
relating to transfers of records, property and employees under
this section, and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 13. { + (1) The unexpended balances of amounts
authorized to be expended by the Department of Revenue for the
biennium beginning July 1, 2003, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 11 of this
2003 Act are appropriated and transferred to and are available
for expenditure by the Department of Environmental Quality for
the biennium beginning July 1, 2003, for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 11 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Revenue remain applicable to expenditures by the Department of
Environmental Quality under this section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 14. { + The transfer of duties, functions and powers
to the Department of Environmental Quality by section 11 of this
2003 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Department of Environmental Quality is substituted for the
Department of Revenue in the action, proceeding or
prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 15. { + (1) Nothing in sections 11 to 17 of this 2003
Act or the amendments to ORS 465.525 and 465.527 by sections 7
and 8 of this 2003 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers transferred by section 11 of this 2003 Act.
The Department of Environmental Quality may undertake the
collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Department of Revenue
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the effective
date of this 2003 Act and accruing under or with respect to the
duties, functions and powers transferred by section 11 of this
2003 Act are transferred to the Department of Environmental
Quality. For the purpose of succession to these rights and
obligations, the Department of Environmental Quality is a
continuation of the Department of Revenue and not a new
authority. + }
{ +
RULES + }
SECTION 16. { + Notwithstanding the transfer of duties,
functions and powers by section + } { + 11 of this 2003 Act,
the rules of the Department of Revenue with respect to such
duties, functions or powers that are in effect on the effective
date of this 2003 Act continue in effect until superseded or
repealed by rules of the Department of Environmental Quality.
References in such rules of the Department of Revenue to the
Department of Revenue or an officer or employee of the Department
of Revenue are considered to be references to the Department of
Environmental Quality or an officer or employee of the Department
of Environmental Quality. + }
SECTION 17. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 11 of
this 2003 Act, reference is made to the Department of Revenue or
an officer or employee of the Department of Revenue whose duties,
functions or powers are transferred by section 11 of this 2003
Act, the reference is considered to be a reference to the
Department of Environmental Quality or an officer or employee of
the Department of Environmental Quality who by this 2003 Act is
charged with carrying out such duties, functions and powers. + }
SECTION 18. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
SECTION 19. { + Section 20 of this 2003 Act is added to and
made a part of ORS 465.517 to 465.548. + }
SECTION 20. { + The Department of Environmental Quality, in
consultation with the advisory group established under ORS
465.507, may contract with a private or public entity for the
provision of services to implement the objectives of ORS 465.517
to 465.548. The department may contract for the collection of
fees, charges or interest from dry cleaning owners or dry
cleaning operators, but the department may not delegate its
authority to determine the amount of the fees, charges or
interest owed. + }
SECTION 21. ORS 465.500 is amended to read:
465.500. (1) The purposes of ORS { - 465.503 to 465.540 - }
{ + 465.500 to 465.548 + } 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 22. 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 suspension of
the fees, other than the annual license fee, imposed under ORS
465.517 { - to - } { + , 465.520 and + } 465.523.
(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
suspension.
(3) The provisions of ORS 465.500 { - to - } { + , 465.503,
465.505 and + } 465.510 { - shall - } apply retroactively to
releases of dry cleaning solvents occurring before June 30, 1995.
SECTION 23. 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 - } { + established + } under ORS
465.510.
(6) '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; { + or + }
(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) '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) 'Dry cleaning owner' means a person who owns or owned the
real property underlying a dry cleaning facility.
{ + (9) 'Dry cleaning service' means:
(a) The cleaning of garments or fabrics at a dry cleaning
facility using a dry cleaning solvent and the pressing or
alteration of garments or fabrics if those services are not
charged for separately from cleaning; and
(b) The services of a dry store. + }
{ - (9) - } { + (10) + } '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) - } { + (11) + } '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) - } { + (12) + } 'Environment' includes the waters
of the state, any drinking water supply, any land surface and
subsurface strata and ambient air.
{ - (12) - } { + (13) + } '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) - } { + (14) + } 'Fund' means the Hazardous
Substance Remedial Action Fund established by ORS 465.381.
{ - (14) - } { + (15) + } '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) - } { + (16) + } '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) - } { + (17) + } 'Inactive dry cleaning facility'
means property formerly used, but not currently used, for
providing dry cleaning services.
{ - (17) - } { + (18) + } '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) - } { + (19) + } '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) - } { + (20) + } '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) - } { + (21) + } '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) - } { + (22) + } '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) - } { + (23) + } '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) - } { + (24) + } '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) - } { + (25) + } '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) - } { + (26) + } '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) - } { + (27) + } '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) - } { + (28) + } 'Underground storage tank' has
the meaning given that term in ORS 466.706.
{ - (28) - } { + (29) + } 'Waters of the state' has the
meaning given that term in ORS 468B.005.
SECTION 24. ORS 465.200, as amended by section 19, chapter 495,
Oregon Laws 2001, 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 established under ORS 465.510. + }
{ - (5) - } { + (6) + } '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; { + or + }
(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 - } .
{ - (6) - } { + (7) + } '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.
{ - (7) - } { + (8) + } 'Dry cleaning owner' means a person
who owns or owned the real property underlying a dry cleaning
facility.
{ + (9) 'Dry cleaning service' means:
(a) The cleaning of garments or fabrics at a dry cleaning
facility using a dry cleaning solvent and the pressing or
alteration of garments or fabrics if those services are not
charged for separately from cleaning; and
(b) The services of a dry store. + }
{ - (8) - } { + (10) + } '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.
{ - (9) - } { + (11) + } '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.
{ - (10) - } { + (12) + } 'Environment' includes the waters
of the state, any drinking water supply, any land surface and
subsurface strata and ambient air.
{ - (11) - } { + (13) + } '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.
{ - (12) - } { + (14) + } 'Fund' means the Hazardous
Substance Remedial Action Fund established by ORS 465.381.
{ - (13) - } { + (15) + } '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.
{ - (14) - } { + (16) + } '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.
{ - (15) - } { + (17) + } 'Inactive dry cleaning facility'
means property formerly used, but not currently used, for
providing dry cleaning services.
{ - (16) - } { + (18) + } '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.
{ - (17) - } { + (19) + } '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.
{ - (18) - } { + (20) + } '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.
{ - (19) - } { + (21) + } '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.
{ - (20) - } { + (22) + } '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.
{ - (21) - } { + (23) + } '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.
{ - (22) - } { + (24) + } '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.
{ - (23) - } { + (25) + } '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.
{ - (24) - } { + (26) + } '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.
{ - (25) - } { + (27) + } '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.
{ - (26) - } { + (28) + } 'Underground storage tank' has
the meaning given that term in ORS 466.706.
{ - (27) - } { + (29) + } 'Waters of the state' has the
meaning given that term in ORS 468B.005.
SECTION 25. ORS 468.035, as amended by section 17, chapter 495,
Oregon Laws 2001, 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
Department of Human Services 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 624.430; 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
{ + and 465.517 to 465.548 + }, 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 26. ORS 468.035, as amended by section 103, chapter
849, Oregon Laws 1999, and section 18, chapter 495, Oregon Laws
2001, 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
Department of Human Services 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 624.430; 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
{ + and 465.517 to 465.548 + }, 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 27. { + ORS 465.517 to 465.548 are added to and made a
part of ORS 465.500 to 465.548. + }
SECTION 28. { + ORS 465.500 to 465.548 are added to and made a
part of ORS 465.200 to 465.510. + }
SECTION 29. { + ORS 465.515, 465.530, 465.533, 465.535,
465.537, 465.540, 465.543, 465.546 and 465.548 and sections 16,
20 and 21, chapter 495, Oregon Laws 2001, are repealed. + }
SECTION 30. { + Sections 2, 9 to 20, 27 and 28 of this 2003
Act, the amendments to ORS 465.200, 465.500, 465.503, 465.507,
465.510, 465.517, 465.520, 465.525, 465.527, 465.545 and 468.035
by sections 1, 3 to 8 and 21 to 26 of this 2003 Act and the
repeal of ORS 465.515, 465.530, 465.533, 465.535, 465.537,
465.540, 465.543, 465.546 and 465.548 and sections 16, 20 and 21,
chapter 495, Oregon Laws 2001, by section 29 of this 2003 Act
take effect on December 31, 2003. + }
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