(1) The charge shall be:
(a) An amount equal to a maximum amount of $12 per capita per year and $60 per capita per local government unit;
(b) Collected for each volumetric or weight unit of solid waste collected;
(c) Imposed equitably on all persons who dispose of solid waste; and
(d) For a local government unit imposing and collecting a charge on behalf of another local government unit responsible for remedial action or related activities at a disposal site, an amount that, as a proportion of the total cost, equals the proportion of solid waste the local government unit contributed to such disposal site.
(2) The charge shall be collected on behalf of the local government unit by solid waste collectors who are subject to franchising, licensing or permitting requirements adopted by the local government unit. Notwithstanding any restriction on rates contained in a franchise or other local regulations, a solid waste collector may add the charge to bills for solid waste collection. The local government unit may enter into an intergovernmental agreement with any other local government unit to provide for imposition and collection of the charge on behalf of the local government unit.
(3) The solid waste collector shall remit the proceeds of the charge to the local government unit according to procedures adopted by the local government unit by ordinance. However, solid waste collectors shall not be responsible for covering any shortage caused by failure of a customer to pay charges for solid waste collection.
(4) A local government unit imposing a charge under this subsection may require solid waste collectors to submit reports or other documentation necessary to establish compliance with the requirements of this section or the ordinance adopted by the local government unit. All information contained in such reports relating to the number of accounts served by the solid waste collector or the revenue produced from such accounts shall be exempt from public disclosure.
(5) A solid waste collector required to collect charges under this section may retain five percent of the charge in order to defray the costs of collecting and accounting for the proceeds of the charge.
(6) If a person disposes of solid waste at a disposal site within the boundaries of a local government unit imposing a charge under this section without using the services of a solid waste collector, the person shall pay the charge established by this section at the time the person disposes of solid waste at the disposal site. That portion of the charge attributable to administrative costs as provided in subsection (5) of this section shall be retained by the operator of the solid waste disposal site. The operator of the solid waste disposal site shall remit the balance of the charge according to procedures established by ordinance by the local government unit imposing the charge.
(7) Except for the amount allocated to defray the administrative expenses of a solid waste collector or disposal site operator under subsections (5) and (6) of this section, proceeds of the charge shall be placed into a dedicated local government remedial action fund established by the local government unit and may be used only to pay for remedial action costs. As used in this subsection, "remedial action costs" also includes the cost of retiring debt incurred in connection with a remedial action.
(8) The amount collected by imposing a charge under this section shall be the amount necessary to fund the local government unit’s remedial action costs at one or more solid waste disposal sites for which the local government unit is responsible for conducting a remedial action or removal or related activities under ORS 465.260, or is liable under ORS 465.255 or other applicable law and necessary administrative expenses incurred under this section, and may include an increment to cover any delinquencies in collections. The amount of the charge may be adjusted from time to time as necessary to maintain the remedial action fund at the level necessary to accommodate the local government unit’s remedial action responsibilities, but may not exceed the maximum amounts provided in subsection (1)(a) of this section.
(9) Any local government unit located within the boundaries of a metropolitan service district may enter into an intergovernmental agreement with the district to transfer to the district the funding authority granted under this section and the responsibility for performing all remedial action obligations for which the local government unit may be responsible.
(10) As used in this section, "remedial action," "remedial action costs" and "removal" have the meaning given those terms in ORS 465.200. [1989 c.833 §137; 1993 c.560 §40; 2007 c.71 §142]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459 - Solid Waste Management
Section 459.007 - Applicability of ORS 459.005 to wood residue.
Section 459.017 - Relationship of state to local governments in solid waste management.
Section 459.025 - General powers and duties of department.
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 459.109 - 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 459.243 - 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 459.255 - 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 459.310 - 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 459.345 - Metropolitan service district report to commission.
Section 459.350 - Commission review of metropolitan service district report.
Section 459.376 - Action to enforce rules or orders.
Section 459.386 - Definitions for ORS 459.386 to 459.405.
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 459.405 - Transport of infectious waste; certification; records.
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 459.433 - 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 459.712 - 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 459.790 - 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.