Chapter 479
AN ACT
SB 104
Relating to underground storage tanks;
creating new provisions; amending ORS 466.785 and section 13, chapter 754,
Oregon Laws 2001; and repealing sections 6 and 14, chapter 754, Oregon Laws
2001.
Be It Enacted by the People of
the State of
SECTION 1. ORS 466.785 is amended to read:
466.785. (1) Every underground storage tank permittee shall pay a fee in
the amount of [$85] $135 per
tank per calendar year.
(2) A permittee shall
pay a late fee of $35 for each tank fee required under this section that is not
paid by the specified due date.
(3) Fees collected by
the Department of Environmental Quality under this section shall be deposited
in the State Treasury to the credit of an account of the department. All fees
paid to the department shall be continuously appropriated to the department to
carry out the provisions of ORS 466.706 to 466.882 and 466.994.
SECTION 2. Section 13, chapter 754, Oregon Laws 2001, is
amended to read:
Sec.
13. (1) Notwithstanding ORS 466.994, the Environmental Quality
Commission shall adopt rules for and implement a [pilot] program for the assessment and expedited imposition of
noncompliance penalties for specific underground storage tank violations. The
Department of Environmental Quality shall form an advisory committee to assist
the commission in the development of the [pilot]
program.
(2) Permittee
participation in the [pilot] program
is voluntary. Participants shall agree to accept the penalty assessed under the
program as the final order by the Department of Environmental Quality and shall
agree to waive any right to an appeal or any other judicial review of the
department’s determination of a violation or assessment of a fine.
(3) A penalty assessed
under this program may not be less than $50 or greater than [$100] $500 per individual
violation. Penalties imposed in the aggregate may not be more than [$300] $1,500 per facility per
inspection date.
(4) The fees collected
by the department under this section shall be deposited into the State Treasury
to the credit of an account of the department. All fees paid to the department
shall be continuously appropriated to the department for the purposes of
providing support to the [pilot]
program, technical assistance or operator training or meeting other needs of
the department.
SECTION 3. (1) Section 6, chapter 754,
(2) Section 14, chapter
754,
SECTION 4. (1) The amendments to ORS 466.785 by section
1 of this 2007 Act apply to fees for calendar year 2008 and subsequent calendar
years.
(2) The increased civil
penalties provided for in the amendments to section 13, chapter 754,
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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