Chapter 622 Oregon Laws 2005
AN ACT
HB 2593
Relating to hazardous waste disposal fees; creating new provisions; amending ORS 465.375; repealing section 2, chapter 443, Oregon Laws 1997, and section 2, chapter 332, Oregon Laws 1999; and appropriating money.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 465.375 is amended to read:
465.375. (1) Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a permit issued under ORS 466.005 to 466.385 and 466.992 shall pay a hazardous waste management fee by the 45th day after the last day of each month for all waste brought into the facility during that month for treatment by incinerator or for disposal by landfill at the facility. The operator of the facility shall provide to every person who disposes of waste at the facility a statement showing the amount of the hazardous waste management fee paid by the person to the facility.
(2) The hazardous waste management fee under subsection (1) of this section shall be $20 a ton.
(3) In addition to [the portion of] the fee required under subsection (2) of this section, $10 per ton shall be included as part of the hazardous waste management fee for waste described in subsection (1) of this section.
(4) The additional amounts collected under subsection (3) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to be used to carry out the department’s duties under ORS 466.005 to 466.385 related to the management of hazardous waste.
(5) At least 50 percent of the fees collected under subsection (3) of this section shall be used by the department to implement ORS 466.068.
SECTION 2. Section 3 of this 2005 Act is added to and made a part of ORS 465.200 to 465.545.
SECTION
3. (1) Notwithstanding ORS
465.375 (2) and (3), the hazardous waste management fee shall be:
(a)
$7.50 per ton for waste from the primary production of steel in electric
furnaces that is emission control dust or emission control sludge identified as
United States Environmental Protection Agency hazardous waste number K061 in 40
C.F.R. 261.32. The facility that accepts the waste must have a plan and a
schedule approved by the Department of Environmental Quality to develop and
evaluate a treatment process for the waste. The department may withdraw
approval of the plan if the facility does not implement the plan in accordance
with the approved schedule. The approved treatment process shall be designed to
achieve treatment levels similar to the treatment levels that would be required
for the hazardous waste if the waste were delisted in Alaska, Idaho or
Washington under 40 C.F.R. 260.22, adopted under:
(A)
The federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and
the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), as amended; or
(B)
A state-authorized Resource Conservation and Recovery Act program.
(b)
For waste received by the facility from the same site, property or hazardous
waste management unit, if the total waste received is:
(A)
Up to 2,500 tons, $20 per ton for all waste received;
(B)
More than 2,500 tons and less than or equal to 12,500 tons, $10 per ton for all
waste received;
(C)
More than 12,500 tons and less than or equal to 25,000 tons, $5 per ton for all
waste received; or
(D)
More than 25,000 tons, $2.50 per ton for all waste received.
(c)
$15 per ton for waste that is hazardous waste when received and treated at the
facility so that the waste is no longer a solid waste as defined in ORS
459.005.
(d)
$2 per ton for waste that is:
(A)
A characteristic hazardous waste at the point of generation and that has been
treated at the facility or at an off-site location so that the waste no longer
exhibits the characteristics of hazardous waste and so that the waste complies
with any applicable land disposal requirements;
(B)
Liquid waste when the waste is received and treated at a wastewater treatment
unit at the facility so that the waste does not exhibit any characteristics of
hazardous waste and so that the resulting liquid is managed at a permitted unit
at the facility;
(C)
Solid waste that results from cleanup activities and that must be disposed of
in a facility for the disposal of hazardous waste as a result of restrictions
imposed under ORS 459.055 (8) or 459.305 (7); or
(D)
Solid waste that is not hazardous waste or PCB under a state or federal law at
the point of generation and that is not a hazardous waste under Oregon law.
(2)
Upon the request of the department, a facility shall allow the department to
review the information relating to waste received by the facility that the
facility used to determine the hazardous waste management fee for the types of
waste described in subsection (1)(b) of this section.
(3)
One-third of the amount collected under subsection (1) of this section shall be
deposited in the State Treasury to the credit of an account of the department.
Such moneys are continuously appropriated to the department to be used to carry
out the department’s duties under ORS 466.005 to 466.385 related to the
management of hazardous waste.
(4)
Two-thirds of the amount collected under subsection (1) of this section shall
be deposited in the State Treasury to the credit of the Hazardous Substance
Remedial Action Fund created under ORS 465.381 to be used for the purposes
described in ORS 465.381 (5).
(5)
For purposes of subsection (1)(b) of this section, “waste” means waste that is:
(a)
PCB under Oregon or federal law;
(b)
Hazardous debris;
(c)
Hazardous waste that becomes subject to regulation solely as a result of
removal or remedial action taken in response to environmental contamination; or
(d) Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit.
SECTION 4. Section 2, chapter 443, Oregon Laws 1997, and section 2, chapter 332, Oregon Laws 1999, are repealed.
Approved by the Governor July 22, 2005
Filed in the office of Secretary of State July 25, 2005
Effective date January 1, 2006
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