74th OREGON LEGISLATIVE ASSEMBLY--2007 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 567
 
                         Senate Bill 104
 
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 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 as
introduced.
 
  Increases annual underground storage tank fees. Removes sunset
on voluntary program for assessment and imposition of
noncompliance penalties. Increases penalties under program.
 
                        A BILL FOR AN ACT
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 Oregon:
  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 - }   { + $___ + } 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 - }  { +
$___ + } per individual violation. Penalties imposed in the
aggregate may not be more than
  { - $300 - }  { +  $___ + } 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, Oregon Laws 2001,
as amended by section 1, chapter 534, Oregon Laws 2005, is
repealed.
  (2) Section 14, chapter 754, Oregon Laws 2001, as amended by
section 2, chapter 534, Oregon Laws 2005, is repealed. + }
  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, Oregon Laws 2001, by
section 2 of this 2007 Act apply only to violations that occur on
or after the effective date of this 2007 Act. + }
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