2017 ORS 465.376¹
Special hazardous waste management fees
  • use of fees

(1) Notwithstanding ORS 465.375 (Monthly fee of operators) (2) and (3), the hazardous waste management fee shall be:

(a) $7.50 per ton for waste from the primary production of steel in electric furnaces that is emission control dust or emission control sludge identified as United States Environmental Protection Agency hazardous waste number K061 in 40 C.F.R. 261.32. The facility that accepts the waste must have a plan and a schedule approved by the Department of Environmental Quality to develop and evaluate a treatment process for the waste. The department may withdraw approval of the plan if the facility does not implement the plan in accordance with the approved schedule. The approved treatment process shall be designed to achieve treatment levels similar to the treatment levels that would be required for the hazardous waste if the waste were delisted in Alaska, Idaho or Washington under 40 C.F.R. 260.22, adopted under:

(A) The federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), as amended; or

(B) A state-authorized Resource Conservation and Recovery Act program.

(b) For waste received by the facility from the same site, property or hazardous waste management unit, if the total waste received is:

(A) Up to 2,500 tons, $20 per ton for all waste received;

(B) More than 2,500 tons and less than or equal to 12,500 tons, $10 per ton for all waste received;

(C) More than 12,500 tons and less than or equal to 25,000 tons, $5 per ton for all waste received; or

(D) More than 25,000 tons, $2.50 per ton for all waste received.

(c) $15 per ton for waste that is hazardous waste when received and treated at the facility so that the waste is no longer a solid waste as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665).

(d) $2 per ton for waste that is:

(A) A characteristic hazardous waste at the point of generation and that has been treated at the facility or at an off-site location so that the waste no longer exhibits the characteristics of hazardous waste and so that the waste complies with any applicable land disposal requirements;

(B) Liquid waste when the waste is received and treated at a wastewater treatment unit at the facility so that the waste does not exhibit any characteristics of hazardous waste and so that the resulting liquid is managed at a permitted unit at the facility;

(C) Solid waste that results from cleanup activities and that must be disposed of in a facility for the disposal of hazardous waste as a result of restrictions imposed under ORS 459.055 (Landfills in farm use areas) (8) or 459.305 (Certification or demonstration that government unit has implemented opportunity to recycle) (7); or

(D) Solid waste that is not hazardous waste or PCB under a state or federal law at the point of generation and that is not a hazardous waste under Oregon law.

(2) Upon the request of the department, a facility shall allow the department to review the information relating to waste received by the facility that the facility used to determine the hazardous waste management fee for the types of waste described in subsection (1)(b) of this section.

(3) One-third of the amount collected under subsection (1) of this section shall be deposited in the State Treasury to the credit of an account of the department. Such moneys are continuously appropriated to the department to be used to carry out the department’s duties under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) related to the management of hazardous waste.

(4) Two-thirds of the amount collected under subsection (1) of this section shall be deposited in the State Treasury to the credit of the Hazardous Substance Remedial Action Fund created under ORS 465.381 (Hazardous Substance Remedial Action Fund) to be used for the purposes described in ORS 465.381 (Hazardous Substance Remedial Action Fund) (5).

(5) For purposes of subsection (1)(b) of this section, “waste” means waste that is:

(a) PCB under Oregon or federal law;

(b) Hazardous debris;

(c) Hazardous waste that becomes subject to regulation solely as a result of removal or remedial action taken in response to environmental contamination; or

(d) Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit. [2005 c.622 §3]

1 Legislative Counsel Committee, CHAPTER 465—Hazardous Waste and Hazardous Materials I, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors465.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.