2017 ORS 459A.110¹
Additional fees for programs for reduction of domestic solid waste and environmental risks
  • assessment

(1) In addition to the permit fees provided in ORS 459.235 (Applications for permits), the Environmental Quality Commission shall establish a schedule of fees for 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) If the amount of waste tonnage per calendar year subject to the fees established under subsection (1) of this section falls, for two consecutive calendar years, below 90 percent of the amount of waste tonnage subject to the fees as averaged over the 2014 to 2016 calendar years, the commission may establish a schedule of fees for disposal sites for composting. A fee schedule established under this subsection shall:

(a) Apply only to tonnage received by a disposal site for composting that is in excess of the first 5,000 tons received per year by the disposal site; and

(b) Remain in effect unless or until the commission determines that a fee under this subsection is no longer necessary.

(3) Fees adopted under subsections (1) and (2) of this section shall be based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for disposal and any other similar or related factors the commission finds appropriate.

(4) For solid waste delivered to a disposal site owned or operated by a metropolitan service district, the schedule of fees, but not the permit fees provided in ORS 459.235 (Applications for permits), established by the commission in subsection (1) of this section shall be levied on the district, not the disposal site.

(5) The commission also may require submittal of information related to volumes and sources of solid waste if necessary to carry out the activities described in ORS 459A.120 (Use of additional fees). For solid waste transported out of the State of Oregon for final disposal or destruction, the required information may include the type of solid waste, the county of origin of the solid waste and the state to which the solid waste is transported for final disposal or destruction.

(6) 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.

(7)(a) A local government that franchises or licenses a disposal site that receives domestic solid waste shall allow the disposal site to pass through the amount of the fees established by the commission in subsections (1) and (2) 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 subsections (1) and (2) of this section to a solid waste collector who uses the site, a local government 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.

(8) As used in this section, “person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state. [Formerly 459.294; 1993 c.528 §2; 1993 c.560 §86; 2015 c.662 §4]

Note: The amendments to 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) by section 13, 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.

459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks). (1) In addition to the permit fees provided in ORS 459.235 (Applications for permits), the Environmental Quality Commission shall establish a schedule of fees for all:

(a) Disposal sites that receive domestic solid waste, building demolition or construction waste, 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 waste, land clearing debris or waste tires.

(2) If the amount of waste tonnage per calendar year subject to the fees established under subsection (1) of this section falls, for two consecutive calendar years, below 90 percent of the amount of waste tonnage subject to the fees as averaged over the 2014 to 2016 calendar years, the commission may establish a schedule of fees for disposal sites for composting. A fee schedule established under this subsection shall:

(a) Apply only to tonnage received by a disposal site for composting that is in excess of the first 5,000 tons received per year by the disposal site; and

(b) Remain in effect unless or until the commission determines that a fee under this subsection is no longer necessary.

(3) Fees adopted under subsections (1) and (2) of this section shall be based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for disposal and any other similar or related factors the commission finds appropriate.

(4) For solid waste delivered to a disposal site owned or operated by a metropolitan service district, the schedule of fees, but not the permit fees provided in ORS 459.235 (Applications for permits), established by the commission in subsection (1) of this section shall be levied on the district, not the disposal site.

(5) The commission also may require submittal of information related to volumes and sources of solid waste if necessary to carry out the activities described in ORS 459A.120 (Use of additional fees). For solid waste transported out of the State of Oregon for final disposal or destruction, the required information may include the type of solid waste, the county of origin of the solid waste and the state to which the solid waste is transported for final disposal or destruction.

(6) 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.

(7)(a) A local government that franchises or licenses a disposal site that receives domestic solid waste shall allow the disposal site to pass through the amount of the fees established by the commission in subsections (1) and (2) 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 subsections (1) and (2) of this section to a solid waste collector who uses the site, a local government 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.

(8) As used in this section, “person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state.

(formerly 459.810 to 459.890)

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)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­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.