2007 ORS 466.791¹
Underground Storage Tank Compliance and Corrective Action Fund
  • sources
  • uses

(1) The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury.

(2) The following moneys, as they pertain to an underground storage tank, shall be deposited into the State Treasury and credited to the Underground Storage Tank Compliance and Corrective Action Fund:

(a) Moneys recovered or otherwise received from responsible parties for corrective action;

(b) Moneys allocated to the fund from the Administrative Services Economic Development Fund;

(c) As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds made available from multidistrict litigation - 150 oil overcharge settlement moneys or surplus stripper well oil overcharge settlement moneys; and

(d) Any penalty, fine or damages recovered under ORS 466.770 (Corrective action required on contaminated site).

(3) The State Treasurer may invest and reinvest moneys in the Underground Storage Tank Compliance and Corrective Action Fund in the manner provided by law.

(4) The moneys in the Underground Storage Tank Compliance and Corrective Action Fund are appropriated continuously to the Department of Environmental Quality to be used as provided in subsection (5) of this section.

(5) Moneys in the Underground Storage Tank Compliance and Corrective Action Fund may be used by the department for the following purposes:

(a) Supporting the loan guarantee program established pursuant to section 4, chapter 1071, Oregon Laws 1989;

(b) Repaying moneys advanced under ORS 293.205 (Definitions for ORS 293.205 to 293.225) to 293.225 (Construction of ORS 293.205 to 293.220) to allow the department to begin operating the grant and loan programs established pursuant to section 4, chapter 1071, Oregon Laws 1989, or servicing any debt incurred by the fund;

(c) Administration of the underground storage tank program;

(d) Funding the interest rate subsidies established under section 6a, chapter 863, Oregon Laws 1991;

(e) Funding the underground storage tank insurance premium copayment program established under sections 38 to 46, chapter 863, Oregon Laws 1991; and

(f) Funding of the grants established under section 6, chapter 863, Oregon Laws 1991. [1991 c.863 §16 (enacted in lieu of 466.790); 1993 c.18 §120; 1993 c.661 §5; 1997 c.767 §9; 2001 c.104 §203]

Notes of Decisions

Use of motor fuel storage assess­ment to fund underground storage tank program violated constitu­tional require­ment dedicating motor fuel taxes to highway purposes. Automobile Club v. State of Oregon, 314 Or 479, 840 P2d 674 (1992)

Law Review Cita­tions

28 WLR 377 (1992)

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials II, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­466.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­466ano.­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.