2017 ORS 459.236¹
Additional permit fees for remedial action or removal
  • amount
  • utilization
  • eligibility of local governments

(1) In addition to the permit fees provided in ORS 459.235 (Applications for permits), upon prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees, there is imposed a fee on all:

(a) Disposal sites that receive domestic solid waste or solid waste generated outside the state, for final disposal or destruction; and

(b) Persons who transport solid waste out of the State of Oregon for final disposal or destruction to a disposal site that receives domestic solid waste.

(2) The amount raised under subsection (1) of this section shall be up to $1 million per year, based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for final disposal or destruction and any other similar or related factors the Environmental Quality Commission finds appropriate. Such fees shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(3) For solid waste delivered to a disposal site owned and operated by a metropolitan service district, the fee imposed under subsection (1) of this section shall be levied on the district, not the disposal site.

(4) Before transporting or arranging for transport of solid waste out of the State of Oregon to a disposal site that receives domestic solid waste, a person shall notify the Department of Environmental Quality in writing.

(5)(a) A local government unit that franchises or licenses a domestic solid waste site shall allow the disposal site to pass through the amount of the fees established by the commission in subsection (1) of this section to the users of the site.

(b) If a disposal site that receives domestic solid waste passes through all or a portion of the fees established by the commission in subsection (1) of this section to a solid waste collector who uses the site, a local government unit that franchises or licenses the collection of solid waste shall allow the franchisee or licensee to include the amount of the fee in the collection service rate.

(6) Except as provided in subsection (7) of this section, moneys collected under this section shall be deposited in the Orphan Site Account created under ORS 465.381 (Hazardous Substance Remedial Action Fund) to be used to pay the costs of removal or remedial action of hazardous substances, in excess of the maximum amount collected under ORS 459.311 (Charge for remedial action or removal) at:

(a) Solid waste disposal sites owned or operated by a local government unit; or

(b) Privately owned or operated solid waste disposal sites that receive or received domestic solid waste for which the department determines the responsible party is unknown, unwilling or unable to undertake any portion or phase of a removal or remedial action.

(7) The moneys collected under this section, or proceeds of any bond sale under ORS 468.195 (Issuance of bonds authorized) for which moneys collected under this section are pledged for repayment shall be made available to a local government unit to pay removal or remedial action costs at a site if:

(a) The local government unit is responsible for conducting removal or remedial action under ORS 465.260 (Removal or remedial action); and

(b) The local government unit repays any moneys equal to the amount that may be raised by the charge imposed under ORS 459.311 (Charge for remedial action or removal) and interest on such moneys, in accordance with an agreement between the local government unit and the department. A local government unit is not required to repay the first $100,000 the local government unit expends on removal or remedial action.

(8) As used in this section:

(a) “Domestic solid waste” has the meaning given that term in ORS 459A.100 (Definitions for ORS 459A.100 to 459A.120).

(b) “Person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state.

(c) “Removal” and “remedial action” have the meanings given those terms in ORS 465.200 (Definitions for ORS 465.200 to 465.545). [1989 c.833 §138; 1991 c.703 §43; 1993 c.528 §1; 1993 c.560 §25; 2015 c.662 §2]

Note: The amendments to 459.236 (Additional permit fees for remedial action or removal) by section 12, chapter 662, Oregon Laws 2015, become operative April 1, 2019. See section 14, chapter 662, Oregon Laws 2015. The text that is operative on and after April 1, 2019, is set forth for the user’s convenience.

459.236 (Additional permit fees for remedial action or removal). (1) In addition to the permit fees provided in ORS 459.235 (Applications for permits), upon prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees, there is imposed a fee on all:

(a) Disposal sites that receive domestic solid waste, building demolition or construction wastes, land clearing debris, waste tires or solid waste generated outside the state, for final disposal or destruction; and

(b) Persons who transport solid waste out of the State of Oregon for final disposal or destruction to a disposal site that receives domestic solid waste, building demolition or construction wastes, land clearing debris or waste tires.

(2) The amount raised under subsection (1) of this section shall be up to $1 million per year, based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for final disposal or destruction and any other similar or related factors the Environmental Quality Commission finds appropriate. Such fees shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(3) For solid waste delivered to a disposal site owned and operated by a metropolitan service district, the fee imposed under subsection (1) of this section shall be levied on the district, not the disposal site.

(4) Before transporting or arranging for transport of solid waste out of the State of Oregon to a disposal site that receives domestic solid waste, a person shall notify the Department of Environmental Quality in writing.

(5)(a) A local government unit that franchises or licenses a domestic solid waste site shall allow the disposal site to pass through the amount of the fees established by the commission in subsection (1) of this section to the users of the site.

(b) If a disposal site that receives domestic solid waste passes through all or a portion of the fees established by the commission in subsection (1) of this section to a solid waste collector who uses the site, a local government unit that franchises or licenses the collection of solid waste shall allow the franchisee or licensee to include the amount of the fee in the collection service rate.

(6) Except as provided in subsection (7) of this section, moneys collected under this section shall be deposited in the Orphan Site Account created under ORS 465.381 (Hazardous Substance Remedial Action Fund) to be used to pay the costs of removal or remedial action of hazardous substances, in excess of the maximum amount collected under ORS 459.311 (Charge for remedial action or removal) at:

(a) Solid waste disposal sites owned or operated by a local government unit; or

(b) Privately owned or operated solid waste disposal sites that receive or received domestic solid waste for which the department determines the responsible party is unknown, unwilling or unable to undertake any portion or phase of a removal or remedial action.

(7) The moneys collected under this section, or proceeds of any bond sale under ORS 468.195 (Issuance of bonds authorized) for which moneys collected under this section are pledged for repayment shall be made available to a local government unit to pay removal or remedial action costs at a site if:

(a) The local government unit is responsible for conducting removal or remedial action under ORS 465.260 (Removal or remedial action); and

(b) The local government unit repays any moneys equal to the amount that may be raised by the charge imposed under ORS 459.311 (Charge for remedial action or removal) and interest on such moneys, in accordance with an agreement between the local government unit and the department. A local government unit is not required to repay the first $100,000 the local government unit expends on removal or remedial action.

(8) As used in this section:

(a) “Domestic solid waste” has the meaning given that term in ORS 459A.100 (Definitions for ORS 459A.100 to 459A.120).

(b) “Person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state.

(c) “Removal” and “remedial action” have the meanings given those terms in ORS 465.200 (Definitions for ORS 465.200 to 465.545).

Note: Section 15, chapter 662, Oregon Laws 2015, provides:

Sec. 15. Fees imposed pursuant to the amendments to ORS 459.236 (Additional permit fees for remedial action or removal) and 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) by sections 12 and 13 of this 2015 Act shall first become due and payable no earlier than July 1, 2019. [2015 c.662 §15]

Note: 459.236 (Additional permit fees for remedial action or removal) was added to and made a part of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.426 (Notice to customers) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider wa­ter pollu­tion statutes in ORS chapter 468 while acting on solid waste disposal permit applica­tion. Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Chapter 459

Atty. Gen. Opinions

Power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environ­mental Quality Commission and Depart­ment of Environ­mental Quality to regulate disposi­tion of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

Law Review Cita­tions

16 WLR 459 (1979)

1 Legislative Counsel Committee, CHAPTER 459—Solid Waste Management, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.