2021 Oregon Revised Statutes
Chapter 459 - Solid Waste Management
Section 459.310 - Surcharge on solid waste disposal; surcharge use.


(2) If the parties negotiating a surcharge under subsection (1) of this section do not reach an agreement within 90 days after the Department of Environmental Quality receives an application under ORS 459.235 for a permit for the regional disposal site, the board of county commissioners shall unilaterally impose the following surcharge:
(a) For the first 2,000
tons per day $ 0.75/ton
(b) For each ton between
2,000 to 4,000 tons
per day $ 1.00/ton
(c) For each ton above
4,000 tons per day $ 1.25/ton
(3) If a board of county commissioners imposes the surcharge under subsection (2) of this section:
(a) The surcharge shall be adjusted annually in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor;
(b) Up to 10 percent of the surcharge shall go into a transition fund to be used by the county after the regional disposal site is closed for the purpose of minimizing the dislocation resulting from the loss of revenue from closure of the site; and
(c) Of that portion of the surcharge not placed into a transition fund under paragraph (b) of this subsection, priority shall be given in expending the moneys to mitigation of adverse impacts on the area in and around the regional disposal site and related transfer stations located in the county including but not limited to rehabilitation and enhancement of the area, development of alternate water systems, road construction and maintenance and mitigation of adverse effects on wildlife and the environment, if provisions to mitigate such adverse impacts are not assured by permit conditions or bond requirements. [1987 c.876 §7; 1993 c.560 §39; 2019 c.57 §21]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 459 - Solid Waste Management

Section 459.005 - Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665.

Section 459.007 - Applicability of ORS 459.005 to wood residue.

Section 459.015 - Policy.

Section 459.017 - Relationship of state to local governments in solid waste management.

Section 459.025 - General powers and duties of department.

Section 459.045 - Rules.

Section 459.047 - Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance.

Section 459.049 - Mandated landfills in certain counties; establishment by state.

Section 459.051 - Procedural rules.

Section 459.053 - Powers of department regarding landfills.

Section 459.055 - Landfills in farm use areas; waste reduction programs.

Section 459.057 - Department to limit wastes allowed in landfills in certain counties.

Section 459.061 - Upland placement of dredged material; rules.

Section 459.065 - State preemption; intergovernmental agreements authorized.

Section 459.085 - County authority outside cities; effect of annexation; interagency agreements.

Section 459.095 - Restrictions on authority of local government units.

Section 459.108 - Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805.

Section 459.109 - Effect of certain laws on cities and counties.

Section 459.125 - Authority of Marion County over products or by-products of county disposal sites.

Section 459.135 - Marion County authority over private facility in county.

Section 459.145 - Limits on Marion County authority.

Section 459.205 - Permit required.

Section 459.215 - Exclusion of certain sites from permit requirement; rules.

Section 459.225 - Variances authorized.

Section 459.235 - Applications for permits; fees.

Section 459.236 - Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments.

Section 459.243 - Restrictions on issuance of permits under ORS 459.245.

Section 459.245 - Issuance of permits; terms; refusal to renew; disposal of liquid waste.

Section 459.247 - Prohibition on disposal of certain solid waste at disposal site.

Section 459.250 - Place for collecting source separated recyclable material required for disposal site permit.

Section 459.255 - Suspension or revocation of permits.

Section 459.265 - Hearings; appeal.

Section 459.270 - Renewal of permit prior to proposed closure of disposal site.

Section 459.272 - Evidence of financial assurance for land disposal site.

Section 459.273 - Disposition of excess moneys and interest received for financial assurance.

Section 459.280 - Definitions for ORS 459.284 and 459.290.

Section 459.305 - Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee.

Section 459.310 - Surcharge on solid waste disposal; surcharge use.

Section 459.311 - Charge for remedial action or removal; amount; collection; allocation.

Section 459.315 - Definitions for ORS 459.315 to 459.330.

Section 459.320 - Regional disposal site advisory committee; membership; terms.

Section 459.325 - Duties of regional disposal site advisory committee.

Section 459.335 - Use of fees collected by the metropolitan service district.

Section 459.340 - Implementation of the solid waste reduction program by metropolitan service district.

Section 459.345 - Metropolitan service district report to commission.

Section 459.350 - Commission review of metropolitan service district report.

Section 459.355

Section 459.376 - Action to enforce rules or orders.

Section 459.386 - Definitions for ORS 459.386 to 459.405.

Section 459.387 - Policy.

Section 459.388 - Restrictions on discarding, storing or transporting infectious waste.

Section 459.390 - Procedures for segregation and containment of infectious waste; exemption.

Section 459.395 - Treatment of infectious wastes; rules.

Section 459.400 - Exceptions.

Section 459.405 - Transport of infectious waste; certification; records.

Section 459.411 - Policy.

Section 459.413 - Household hazardous waste depots; location; promotion program.

Section 459.415 - Department approval for collection activity required; written proposal.

Section 459.417 - Statewide household hazardous waste public education program.

Section 459.420 - Permitted lead-acid battery disposal; disposal by retailers.

Section 459.422 - Acceptance of used batteries by retailers and wholesalers.

Section 459.426 - Notice to customers.

Section 459.431 - Definitions for ORS 459.431 to 459.437.

Section 459.432 - Policy.

Section 459.433 - Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.

Section 459.437 - Requirements for sale or promotion of mercuric oxide batteries.

Section 459.705 - Definitions for ORS 459.705 to 459.790.

Section 459.708 - Waste tire generator; requirements.

Section 459.710 - Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception.

Section 459.712 - Transport without carrier permit prohibited; exceptions.

Section 459.715 - Storage prohibited; exceptions.

Section 459.720 - Conditions for storage site permit.

Section 459.725 - Application for storage site operator or carrier.

Section 459.730 - Information in application for storage site permit; carrier permit; fees; bond.

Section 459.735 - Notification of permit application in county of proposed disposal site.

Section 459.772 - Use of processed, source-separated waste tires for energy recovery.

Section 459.775 - Waste Tire Recycling Account; uses.

Section 459.780 - Tire removal or processing plan; financial assistance; department abatement.

Section 459.785 - Rules.

Section 459.790 - Exceptions to ORS 459.705 to 459.785.

Section 459.900 - Thermostats and motor vehicle switches containing mercury; disposal; findings.

Section 459.992 - Criminal penalties; license suspension and revocation.

Section 459.993 - Penalties for violation of ORS 459A.757.

Section 459.995 - Civil penalties.