Chapter 332 Oregon Laws 1999
Session Law
AN ACT
HB 2800
Relating to hazardous waste
management fees; amending section 2, chapter 443, Oregon Laws 1997; repealing
section 2, chapter 443, Oregon Laws 1997; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2, chapter 443, Oregon Laws 1997, is amended to read:
Sec. 2. (1)
Notwithstanding ORS 465.375 (2) and (3), for the period beginning July 1, [1997] 1999, and ending December 31, [1999] 2001, the hazardous waste management
fee under ORS 465.375 shall be:
(a) $7.50 per ton for waste:
(A) That is a characteristic hazardous waste at the point of
generation and that has been treated at the facility or off-site so that the
waste no longer exhibits the characteristics of a hazardous waste and complies
with any applicable land disposal restriction requirements; [or]
(B) That is liquid waste when received and treated at a
wastewater treatment unit at the facility so that the waste does not exhibit
any hazardous waste characteristic and the resulting liquid is managed at a
permitted unit at the facility[.]; or
(C) That is emission control
dust or sludge from the primary production of steel in electric furnaces,
identified as United States Environmental Protection Agency hazardous waste
number K061, provided that the facility has a plan and a schedule approved by
the Department of Environmental Quality to develop and evaluate a treatment
process for the waste. The treatment process shall be designed to achieve treatment
levels similar to the treatment levels required for the hazardous waste if it
were delisted in Alaska, Idaho or Washington under 40 C.F.R. 260.22, adopted
under 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 a state-authorized Resource Conservation and Recovery Act program. The
department may withdraw approval of the plan if the facility does not implement
the plan in accordance with the approved schedule.
(b) $20 per ton for up to 37,500 tons from any single event at
a facility, site or unit, and $10 per ton for 37,500 tons or more from any
single event at a facility, site or unit for 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 hazardous waste management unit.
(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.
[(c)] (d) $2 per ton for waste that is:
(A) Solid waste resulting from cleanup activities 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
(B) 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) 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 [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.
(3) 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).
SECTION 2. Section 2, chapter 443, Oregon Laws 1997,
is repealed December 31, 2001.
SECTION 3. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
June 23, 1999
Filed in the office of
Secretary of State June 24, 1999
Effective date June 23, 1999
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