70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 1113
Sponsored by Senator TARNO, Representative MESSERLE
CHAPTER ................
AN ACT
Relating to contaminated sediments; amending ORS 465.381 and
465.386.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 465.381 is amended to read:
465.381. (1) The Hazardous Substance Remedial Action Fund is
established separate and distinct from the General Fund in the
State Treasury. Interest earned by the fund shall be credited to
the fund.
(2) The following shall be deposited into the State Treasury
and credited to the Hazardous Substance Remedial Action Fund:
(a) Fees received by the Department of Environmental Quality
under ORS 465.375.
(b) Moneys recovered or otherwise received from responsible
parties for remedial action costs. Moneys recovered from
responsible parties for costs paid by the department from the
Orphan Site Account established under subsection (6) of this
section shall be credited to the Orphan Site Account.
(c) Moneys received under the schedule of fees established
under ORS 453.402 (2)(c) and 459.236 for the purpose of providing
funds for the Orphan Site Account, which shall be credited to the
Orphan Site Account established under subsection (6) of this
section.
(d) Any penalty, fine or punitive damages recovered under ORS
465.255, 465.260, 465.335 or 465.900.
(e) Fees received by the department under ORS 465.305.
(f) Moneys and interest that are paid, recovered or otherwise
received under financial assistance agreements.
(g) Moneys appropriated to the fund by the Legislative
Assembly.
(h) Moneys from any grant made to the fund by a federal agency.
(3) The State Treasurer may invest and reinvest moneys in the
Hazardous Substance Remedial Action Fund in the manner provided
by law.
(4) The moneys in the Hazardous Substance Remedial Action Fund
are appropriated continuously to the department to be used as
provided in subsection (5) of this section.
(5) Moneys in the Hazardous Substance Remedial Action Fund may
be used for the following purposes:
(a) Payment of the department's remedial action costs;
(b) Funding any action or activity authorized by ORS 465.200 to
465.510 and 465.900, including but not limited to providing
Enrolled Senate Bill 1113 (SB 1113-A) Page 1
financial assistance pursuant to an agreement entered into under
ORS 465.285; and
(c) Providing the state cost share for a removal or remedial
action, as required by section 104(c)(3) of the federal
Comprehensive Environmental Response, Compensation and Liability
Act, P.L. 96-510, and as amended by P.L. 99-499.
(6)(a) The Orphan Site Account is established in the Hazardous
Substance Remedial Action Fund in the State Treasury. All moneys
credited to the Orphan Site Account are continuously appropriated
to the department for:
(A) Expenses of the department related to facilities or
activities associated with the removal or remedial action where
the department determines the responsible party is unknown or is
unwilling or unable to undertake all required removal or remedial
action; and
(B) Grants and loans to local government units for facilities
or activities associated with the removal or remedial action of a
hazardous substance.
(b) The Orphan Site Account may not be used to pay the state's
remedial action costs at facilities owned by the state. { +
However, this paragraph does not prohibit the use of Orphan Site
Account moneys for remedial action on submerged or submersible
lands as those terms are defined in ORS 274.005 and tidal
submerged lands as defined in ORS 274.705. + }
(c) The Orphan Site Account may be used to pay claims for
reimbursement filed and approved under ORS 465.260 (7).
(d) If bonds have been issued under ORS 468.195 to provide
funds for removal or remedial action, the department shall first
transfer from the Orphan Site Account to the Pollution Control
Sinking Fund, solely from the fees collected pursuant to ORS
453.402 (2)(c) and under ORS 459.236 for such purposes, any
amount necessary to provide for the payment of the principal and
interest upon such bonds. Moneys from repayment of financial
assistance or recovered from a responsible party shall not be
used to provide for the payment of the principal and interest
upon such bonds.
(7)(a) Of the funds in the Orphan Site Account derived from the
fees collected pursuant to ORS 453.402 (2)(c) and under ORS
459.236, for the purpose of providing funds for the Orphan Site
Account, and of the proceeds of any bond sale under ORS 468.195
supported by the fees collected pursuant to ORS 453.402 (2)(c)
and under ORS 459.236, for the purpose of providing funds for the
Orphan Site Account, no more than 25 percent may be obligated in
any biennium by the department to pay for removal or remedial
action at facilities determined by the department to have an
unwilling responsible party, unless the department first receives
approval from the Legislative Assembly.
(b) Before the department obligates money from the Orphan Site
Account derived from the fees collected pursuant to ORS 453.402
(2)(c) and under ORS 459.236 for the purpose of providing funds
for the Orphan Site Account, or the proceeds of any bond sale
under ORS 468.195 supported by fees collected pursuant to ORS
453.402 (2)(c) and under ORS 459.236, for the purpose of
providing funds for the Orphan Site Account for removal or
remedial action at a facility determined by the department to
have an unwilling responsible party, the department must first
determine whether there is a need for immediate removal or
remedial action at the facility to protect public health, safety,
welfare or the environment. The department shall determine the
Enrolled Senate Bill 1113 (SB 1113-A) Page 2
need for immediate removal or remedial action in accordance with
rules adopted by the Environmental Quality Commission.
SECTION 2. ORS 465.386 is amended to read:
465.386. (1) Notwithstanding the totals established in ORS
{ - 453.402 and - } 459.236, after July 1, 1993, the
Environmental Quality Commission by rule may increase the total
amount to be collected annually as a fee and deposited into the
Orphan Site Account under ORS { - 453.400 and - } 459.236. The
commission shall approve an increase if the commission
determines:
(a) Existing fees being deposited into the Orphan Site Account
are not sufficient to pay debt service on bonds sold to pay for
removal or remedial actions at sites where the Department of
Environmental Quality determines the responsible party is unknown
or is unwilling or unable to undertake all required removal or
remedial action; or
(b) Revenues from the sale of bonds cannot be used to pay for
activities related to removal or remedial action, and existing
fees being deposited into the Orphan Site Account are not
sufficient to pay for these activities.
(2) The increased amount approved by the commission under
subsection (1) of this section:
(a) Shall be no greater than the amount needed to pay
anticipated costs specifically identified by the Department of
Environmental Quality at sites where the department determines
the responsible party is unknown, unwilling or unable to
undertake all required removal or remedial action; and
(b) Shall be subject to prior approval by the Oregon Department
of Administrative Services and a report to the Emergency Board
prior to adopting the fees and shall be within the budget
authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board during the interim period between
sessions.
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Passed by Senate May 6, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 3, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 1113 (SB 1113-A) Page 3
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 1113 (SB 1113-A) Page 4