ORS 459A.115¹
Surcharge on fee imposed under ORS 459A.110
  • use of surcharge

(1) From January 1, 1992, to December 31, 1993, the schedule of fees as established by the Environmental Quality Commission under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) (1) is increased by 35 cents per ton. The portion of the fees attributable to the 35 cents per ton increase shall be deposited into the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to implement the provisions of this section and ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), 459.015 (Policy), 459.235 (Applications for permits), 459.247 (Prohibition on disposal of certain solid waste at disposal site), 459.418 (Contract for statewide collection of household hazardous waste), 459.995 (Civil penalties), 459A.005 (Opportunity to recycle defined), 459A.010 (Statewide goals), 459A.020 (Statewide integrated solid waste management plan), 459A.030 (Technical assistance to local governments) to 459A.055 (Variance or request for extension to provide opportunity to recycle), 459A.070 (Limitation on amount charged person who source separates recyclable material), 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks), 459A.500 (Definitions for ORS 459A.500 to 459A.520) to 459A.685 (Prohibition on manufacture of rigid plastic bottles or containers without label), 459A.695 (Requirement for retail establishment supplying plastic bags for customer use) and 459A.750 (Recycling and waste reduction component of curriculum).

(2) Beginning January 1, 1994, the schedule of fees as established by the commission under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) is increased by 31 cents per ton and shall be deposited into the General Fund and credited to an account of the department. Such moneys are continuously appropriated to the department to implement the provisions described in subsection (1) of this section, excluding ORS 459.418 (Contract for statewide collection of household hazardous waste). [1991 c.385 §13a; 1993 c.560 §88]

Note: 459A.115 (Surcharge on fee imposed under ORS 459A.110) was added to and made a part of 459A.005 (Opportunity to recycle defined) to 459A.665 (Opportunity to recycle rigid plastic containers) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

The "bottle bill" is a valid exercise of Oregon's police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors459A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information