ORS 459A.120¹
Use of additional fees

(1) Except as provided in ORS 459A.115 (Surcharge on fee imposed under ORS 459A.110), the fees established by the Environmental Quality Commission under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) shall be deposited in the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to carry out the purposes set forth in subsection (2) of this section.

(2) The fees collected under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) shall be used only for the following purposes:

(a) Implementation of the provisions of ORS 459.411 (Policy) to 459.417 (Statewide household hazardous waste public education program).

(b) Department of Environmental Quality programs to promote and enhance waste reduction and recycling statewide, including data collection, performance measurement, education and promotion, market development and demonstration projects.

(c) Department of Environmental Quality activities for ground water monitoring and enforcement of ground water protection standards at disposal sites that receive domestic solid waste.

(d) Solid waste planning activities by counties and the metropolitan service district, as approved by the department, including planning for special waste disposal, planning for closure of solid waste disposal sites, capacity planning for domestic solid waste and regional solid waste planning.

(e) Grants to local government units for recycling and solid waste planning activities.

(f) Payment of administrative costs incurred by the department in accomplishing the purposes set forth in this section. The amount allocated under this paragraph shall not exceed 10 percent of the fees generated under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks). [Formerly 459.295; 1993 c.560 §89; 1999 c.59 §130]

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