2021 Oregon Revised Statutes
Chapter 465 - Hazardous Waste and Hazardous Materials I
Section 465.376 - Special hazardous waste management fees; use of fees.


(a) $20 per ton for waste received by the facility that is:
(A) PCB under Oregon or federal law;
(B) Hazardous waste that becomes subject to regulation solely as a result of removal or remedial action taken in response to environmental contamination; or
(C) Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit.
(b) $5 per ton for waste that is:
(A) A characteristic hazardous waste at the point of generation and that has been treated at the facility or at an off-site location so that the waste no longer exhibits the characteristics of hazardous waste and so that the waste complies with any applicable land disposal requirements;
(B) Liquid waste when the waste is received and treated at a wastewater treatment unit at the facility so that the waste does not exhibit any characteristics of hazardous waste and so that the resulting liquid is managed at a permitted unit at the facility;
(C) Solid waste that results from cleanup activities and 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
(D) 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) Upon the request of the Department of Environmental Quality, a facility shall allow the department to review the information relating to waste received by the facility that the facility used to determine the hazardous waste management fee for the types of waste described in subsection (1)(a) of this section.
(3) Fees collected by the department under subsection (1) of this section shall be deposited in the State Treasury to the credit of an account of the department. Such moneys are continuously appropriated to the department to be used:
(a) To carry out the department’s duties under ORS 466.005 to 466.385 related to the management of hazardous waste; and
(b) For the purposes described in ORS 465.381 (5).
(4)(a) Notwithstanding ORS 465.375 and subsection (1) of this section, the department, in consultation with the Environmental Quality Commission, may proportionally adjust the fees established under ORS 465.375 and subsection (1) of this section to meet, but not exceed, the revenue needs of the department consistent with the budget authorized by the Legislative Assembly.
(b) The increased amount of fees under paragraph (a) of this subsection may not exceed the amount necessary for the department to accomplish the purposes set forth in ORS 465.381 (5) and 466.005 to 466.385. [2005 c.622 §3; 2021 c.567 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 465 - Hazardous Waste and Hazardous Materials I

Section 465.003 - Definitions for ORS 465.003 to 465.034.

Section 465.006 - Policy.

Section 465.009 - Rules.

Section 465.012 - Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules.

Section 465.015 - Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility.

Section 465.018 - Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system.

Section 465.021 - Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty.

Section 465.027 - Contract for assistance with higher education institution.

Section 465.032 - Form of implementation summary; information required.

Section 465.034 - Application of ORS 465.003 to 465.034.

Section 465.101 - Definitions for ORS 465.101 to 465.131.

Section 465.104 - Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators.

Section 465.111 - Department of Revenue to collect fee; exemption from fee of protected petroleum products.

Section 465.112 - Amounts held in trust; enforcement.

Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.

Section 465.200 - Definitions for ORS 465.200 to 465.545.

Section 465.205 - Legislative findings.

Section 465.210 - Authority of department for removal or remedial action.

Section 465.215 - List of facilities with confirmed release.

Section 465.220 - Comprehensive statewide identification program; notice.

Section 465.225 - Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory.

Section 465.230 - Removal of facilities from inventory; criteria.

Section 465.235 - Public inspection of inventory; information included in inventory; organization; report; action plan.

Section 465.250 - Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.

Section 465.255 - Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions.

Section 465.257 - Right of contribution from other person liable for remedial action costs; allocation of orphan share.

Section 465.260 - Removal or remedial action; reimbursement of costs; liability; damages.

Section 465.270 - Legislative findings and intent.

Section 465.275 - Remedial action and financial assistance program; contracts for implementation.

Section 465.285 - Requirements for financial assistance; contents of agreements.

Section 465.290 - Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations.

Section 465.315 - Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules.

Section 465.320 - Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability.

Section 465.325 - Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability.

Section 465.327 - Agreement to release party from potential liability to facilitate cleanup and reuse of property; eligible parties; terms of agreement; recording of agreement.

Section 465.330 - State remedial action costs; payment; effect of failure to pay.

Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.

Section 465.340 - Contractor liability; indemnification.

Section 465.375 - Monthly fee of operators; amount; use of moneys.

Section 465.376 - Special hazardous waste management fees; use of fees.

Section 465.381 - Hazardous Substance Remedial Action Fund; sources; uses; Orphan Site Account; uses.

Section 465.386 - Commission authorized to increase fees; rules; basis of increase; amount of increase.

Section 465.400 - Rules; designation of hazardous substance.

Section 465.405 - Rules; "confirmed release"; "preliminary assessment."

Section 465.420 - Remedial Action Advisory Committee.

Section 465.430 - Legislative findings.

Section 465.435 - Rules relating to exemption from liability for security interest holder.

Section 465.475 - Definitions for ORS 465.475 to 465.484.

Section 465.479 - Lost policies; investigation by insurer required; minimum standards for investigation.

Section 465.480 - Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; contribution; allocation.

Section 465.481 - General liability insurance policies; assignment.

Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.

Section 465.484 - Unfair environmental claims settlement practices; environmental claim mediation; rules; fees; damages.

Section 465.500 - Purpose.

Section 465.503 - Exemption from administrative or judicial action to compel removal or remedial action; exemption from liability; exceptions; limitations.

Section 465.505 - Waste minimization requirements for dry cleaning facilities; annual report; reportable release; rules.

Section 465.507 - Dry cleaning advisory group.

Section 465.510 - Dry Cleaner Environmental Response Account; use; deductible amounts for expenditures.

Section 465.517 - Annual fee and gross revenue fee for dry cleaning facilities.

Section 465.520 - Fee on sale or transfer of dry cleaning solvent; exemption.

Section 465.523 - Fee on use of dry cleaning solvent.

Section 465.525 - Calculation of fee for partial gallons; refund or credit.

Section 465.536 - Late charges; enforcement by Department of Revenue.

Section 465.545 - Suspension of dry cleaning fees; recommendation to Legislative Assembly.

Section 465.550 - Definitions for ORS 465.550 and 465.555.

Section 465.555 - County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee.

Section 465.600 - Definitions for ORS 465.600 to 465.621.

Section 465.603 - Procedure to create public authority.

Section 465.606 - Board of directors; rules; quorum; personnel.

Section 465.609 - General powers; advisory committees; notice of land disposition; report.

Section 465.612 - Obligations of authority not obligations of local government; exception.

Section 465.615 - Exemption from taxation.

Section 465.618 - Remedial action costs; recovery.

Section 465.621 - Dissolution.

Section 465.900 - Civil penalties for violation of removal or remedial actions.

Section 465.992 - Civil penalty for failure to pay fees.