ORS 459.311
Charge for remedial action or removal

  • amount
  • collection
  • allocation

A local government unit responsible for conducting a remedial action or removal or related activities under ORS 465.260 (Removal or remedial action) at a solid waste disposal site, or a local government unit that contributed solid waste to a solid waste disposal site for which the local government is liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) or other applicable law, shall impose a charge to be added to all billings for collection services rendered within the boundaries of that local government unit unless the local government unit provides an equivalent amount of funding through another source. A charge imposed under this section shall be subject to the following requirements:

(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 (Removal or remedial action), or is liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) 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 (Definitions for ORS 465.200 to 465.545). [1989 c.833 §137; 1993 c.560 §40; 2007 c.71 §142]

Source: Section 459.311 — Charge for remedial action or removal; amount; collection; allocation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors459.­html.

459.005
Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665
459.007
Applicability of ORS 459.005 to wood residue
459.015
Policy
459.017
Relationship of state to local governments in solid waste management
459.025
General powers and duties of department
459.035
Assistance in development and implementation of solid waste management plans and practices and recycling programs
459.045
Rules
459.046
Solid waste regulatory program
459.047
Landfill assistance from department
459.049
Mandated landfills in certain counties
459.051
Procedural rules
459.053
Powers of department regarding landfills
459.055
Landfills in farm use areas
459.057
Department to limit wastes allowed in landfills in certain counties
459.061
Upland placement of dredged material
459.065
State preemption
459.075
Acquisition of property for disposal sites by cities and counties
459.085
County authority outside cities
459.095
Restrictions on authority of local government units
459.105
Regulations on use of disposal sites
459.108
Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805
459.109
Effect of certain laws on cities and counties
459.118
Study of transportation routes and modes of transportation for transport of out-of-region solid waste
459.121
Legislative committee hearing on transportation study
459.125
Authority of Marion County over products or by-products of county disposal sites
459.135
Marion County authority over private facility in county
459.145
Limits on Marion County authority
459.153
Intent not to discourage recycling
459.205
Permit required
459.215
Exclusion of certain sites from permit requirement
459.225
Variances authorized
459.235
Applications for permits
459.236
Additional permit fees for remedial action or removal
459.243
Restrictions on issuance of permits under ORS 459.245
459.245
Issuance of permits
459.247
Prohibition on disposal of certain solid waste at disposal site
459.248
Cleanup of hazardous substance contaminating ground water
459.250
Place for collecting source separated recyclable material required for disposal site permit
459.255
Suspension or revocation of permits
459.265
Hearings
459.268
Closure of land disposal site
459.270
Renewal of permit prior to proposed closure of disposal site
459.272
Evidence of financial assurance for land disposal site
459.273
Disposition of excess moneys and interest received for financial assurance
459.280
Definitions for ORS 459.284 and 459.290
459.284
Use of disposal site fees
459.290
Disposal site rehabilitation and enhancement advisory committee
459.305
Certification or demonstration that government unit has implemented opportunity to recycle
459.310
Surcharge on solid waste disposal
459.311
Charge for remedial action or removal
459.315
Definitions for ORS 459.315 to 459.330
459.320
Regional disposal site advisory committee
459.325
Duties of regional disposal site advisory committee
459.330
Notification of advisory committee by regional disposal site permittee
459.335
Use of fees collected by the metropolitan service district
459.340
Implementation of the solid waste reduction program by metropolitan service district
459.345
Metropolitan service district report to commission
459.350
Commission review of metropolitan service district report
459.376
Action to enforce rules or orders
459.385
Entry upon private premises authorized
459.386
Definitions for ORS 459.386 to 459.405
459.387
Policy
459.388
Restrictions on discarding, storing or transporting infectious waste
459.390
Procedures for segregation and containment of infectious waste
459.395
Treatment of infectious wastes
459.398
Rules
459.400
Exceptions
459.405
Transport of infectious waste
459.411
Policy
459.412
Definition for ORS 459.411 to 459.417
459.413
Household hazardous waste depots
459.415
Department approval for collection activity required
459.417
Statewide household hazardous waste public education program
459.418
Contract for statewide collection of household hazardous waste
459.420
Permitted lead-acid battery disposal
459.422
Acceptance of used batteries by retailers and wholesalers
459.426
Notice to customers
459.431
Definitions for ORS 459.431 to 459.437
459.432
Policy
459.433
Limitation on sale or promotion of alkaline manganese or zinc carbon batteries
459.435
Prohibition on sale or promotion of button cell mercuric oxide batteries
459.437
Requirements for sale or promotion of mercuric oxide batteries
459.705
Definitions for ORS 459.705 to 459.790
459.708
Waste tire generator
459.710
Disposal in disposal site prohibited
459.712
Transport without carrier permit prohibited
459.715
Storage prohibited
459.720
Conditions for storage site permit
459.725
Application for storage site operator or carrier
459.730
Information in application for storage site permit
459.735
Notification of permit application in county of proposed disposal site
459.740
Hearing on site permit application
459.745
Department action on application
459.750
Storage site and carrier permit fees
459.755
Revocation of storage site or carrier permit
459.760
Monitoring and inspection of waste tire carriers and storage site
459.765
Department use of fees
459.772
Use of processed, source-separated waste tires for energy recovery
459.775
Waste Tire Recycling Account
459.780
Tire removal or processing plan
459.785
Rules
459.790
Exceptions to ORS 459.705 to 459.785
459.900
Thermostats and motor vehicle switches containing mercury
459.992
Criminal penalties
459.993
Penalties for violation of ORS 459A.757
459.995
Civil penalties
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