Chapter 978 Oregon Laws 1999

Session Law

AN ACT

SB 657

Relating to waste control; appropriating money; and limiting expenditures.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 8 of this 1999 Act:

(1) "Commission" means the Environmental Quality Commission.

(2) "Department" means the Department of Environmental Quality.

(3) "Septage" means the domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toilets, chemical toilets or other similar domestic sewage treatment components or systems and other sewage sludge not derived at sewage treatment plants.

SECTION 2. It is the policy of the State of Oregon to encourage innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state.

SECTION 3. (1) The Legislative Assembly finds that:

(a) Improper collection, storage, transportation, treatment, recycling and disposal of septage is a threat to the quality of the waters of this state, to the health, safety and welfare of Oregonians and to the fish and wildlife resources of this state.

(b) In many instances throughout the state, septage is not being collected frequently enough to prevent septic system failures.

(2) Therefore, the Legislative Assembly declares that providing new options for proper collection, storage, transportation, treatment, recycling and disposal of septage is a matter of statewide concern that requires the combined efforts of state and local governments.

SECTION 4. A person may not collect, store, transport, treat, recycle or dispose of septage:

(1) Without first obtaining a license or permit from the Department of Environmental Quality issued under the program established under section 5 of this 1999 Act; and

(2) Unless the person is operating in compliance with the terms of the license or permit.

SECTION 5. Upon request of a county under section 6 of this 1999 Act, the Environmental Quality Commission shall establish by rule a program to regulate the collection, storage, transportation, treatment, recycling and disposal of septage. The rules must include but need not be limited to:

(1) Standards to ensure the safe and appropriate collection, storage, transportation, treatment, recycling and disposal of septage;

(2) A process to issue, deny and revoke licenses or permits for the collection, storage, transportation, treatment, recycling and disposal of septage; and

(3) Any other provision necessary to implement the provisions of sections 1 to 8 of this 1999 Act.

SECTION 6. A county may submit a request to the Department of Environmental Quality to allow the county to perform the duties of the department under sections 1 to 8 of this 1999 Act. Subject to policy direction of the Environmental Quality Commission, and in compliance with rules adopted by the commission under section 5 of this 1999 Act, the department may enter into an agreement with the county for the county to perform the duties of the department under sections 1 to 8 of this 1999 Act.

SECTION 7. (1) If a county requests the Environmental Quality Commission to adopt rules under section 5 of this 1999 Act in order that the county may be allowed to perform the duties of the Department of Environmental Quality under sections 1 to 8 of this 1999 Act, the department may assess the county for the reasonable expenses of the department and the commission in carrying out the rulemaking proceeding.

(2) The department shall recover the costs of the department and the commission in conducting the rulemaking proceeding in the following manner:

(a) The county shall fully reimburse the department for the reasonable costs of the rulemaking process.

(b) The department shall appropriately document the direct and indirect costs of the department and the commission and collect payment for such costs from the county. The department shall collect a deposit from the county, against which the department shall bill until the deposit is depleted. When the deposit is depleted, the department shall collect an additional deposit. The county shall submit an initial deposit of the estimated expenses of the department and the commission in completing the rulemaking process before the commission begins the process. The department shall deliver to the county an accounting of all charges and the amount of the deposit remaining at the closure of each month's accounting records.

(3) All moneys collected by the Department of Environmental Quality pursuant to this section shall be deposited into the General Fund of the State Treasury to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality for the payment of expenses of the Department of Environmental Quality and the Environmental Quality Commission in conducting the rulemaking proceeding under section 5 of this 1999 Act.

(4) A county may fund the assessment charged under subsections (1) and (2) of this section from any public or private financial resources available to the county, including but not limited to community development funds received from the Economic Development Department.

SECTION 8. The Department of Environmental Quality shall allow the land application of septage through a permit when the septage is:

(1) Included with municipal waste that is first processed through a treatment works operated under a permit issued by the department before land application; or

(2) Treated according to the provisions of ORS 468B.080 or 468B.095 and rules adopted thereunder.

SECTION 9. Notwithstanding any other law, the amount of $1 is established for the biennium beginning July 1, 1999, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, excluding federal funds, collected or received by the Department of Environmental Quality for the purpose of adopting rules under section 5 of this 1999 Act pursuant to a request under section 6 of this 1999 Act.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date October 23, 1999

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