2015 ORS 468.220¹
Department to administer fund
  • uses
  • legislative approval of grants
  • administrative assessment

(1) The Department of Environmental Quality is the agency for the State of Oregon for the administration of the Pollution Control Fund. The department is authorized to use the Pollution Control Fund for one or more of the following purposes:

(a) To grant funds not to exceed 30 percent of total project costs for eligible projects as defined in ORS 454.505 (Definitions for ORS 454.505 to 454.535) or sewerage systems as defined in ORS 468B.005 (Definitions for water pollution control laws).

(b) To acquire, by purchase, or otherwise, general obligation bonds or other obligations of any municipal corporation, city, county, or agency of the State of Oregon, or combinations thereof, issued or made for the purpose of paragraph (a) of this subsection in an amount not to exceed 100 percent of the total project costs for eligible projects.

(c) To acquire, by purchase, or otherwise, other obligations of any city that are authorized by its charter in an amount not to exceed 100 percent of the total project costs for eligible projects.

(d) To grant funds not to exceed 30 percent of the total project costs for facilities for the disposal of solid waste, including without being limited to, transfer and resource recovery facilities.

(e) To make loans or grants to any municipal corporation, city, county, or agency of the State of Oregon, or combinations thereof, for planning of eligible projects as defined in ORS 454.505 (Definitions for ORS 454.505 to 454.535), sewerage systems as defined by ORS 468B.005 (Definitions for water pollution control laws) or facilities for the disposal of solid waste, including without being limited to, transfer and resource recovery facilities. Grants made under this paragraph shall be considered a part of any grant authorized by paragraph (a) or (d) of this subsection if the project is approved.

(f) To acquire, by purchase, or otherwise, general obligation bonds or other obligations of any municipal corporation, city, county, or agency of the State of Oregon, or combinations thereof, issued or made for the purpose of paragraph (d) of this subsection in an amount not to exceed 100 percent of the total project costs.

(g) To advance funds by contract, loan or otherwise, to any municipal corporation, city, county or agency of the State of Oregon, or combination thereof, for the purpose of paragraphs (a) and (d) of this subsection in an amount not to exceed 100 percent of the total project costs.

(h) To pay compensation required by law to be paid by the state for the acquisition of real property for the disposal by storage of environmentally hazardous wastes.

(i) To dispose of environmentally hazardous wastes by the Department of Environmental Quality whenever the department finds that an emergency exists requiring such disposal.

(j) To acquire for the state real property and facilities for the disposal by landfill, storage or otherwise of solid waste, including but not limited to, transfer and resource recovery facilities.

(k) To acquire for the state real property and facilities for the disposal by incineration or otherwise of hazardous waste or PCB.

(L) To provide funding for the Assessment Deferral Loan Program Revolving Fund established in ORS 454.436 (Assessment Deferral Loan Program Revolving Fund).

(m) To provide funding for the Orphan Site Account established in ORS 465.381 (Hazardous Substance Remedial Action Fund) but only to the extent that the department reasonably estimates that debt service from bonds issued to finance such facilities or activities shall be fully paid from fees collected pursuant to ORS 453.402 (Fees) (2)(c), under ORS 459.236 (Additional permit fees for remedial action or removal) and under ORS 465.101 (Definitions for ORS 465.101 to 465.131) to 465.131 (Fee imposed by ORS 465.104 in addition to fees established by local government) for the purpose of providing funds for the Orphan Site Account and other available funds, but not from repayments of financial assistance under ORS 465.265 ("Person" defined for ORS 465.265 to 465.310) to 465.310 (Accounting procedure for financial assistance moneys) or from moneys recovered from responsible parties.

(n) To advance funds by contract, loan or otherwise, to any municipal corporation, city, county or agency of this state, or combination thereof, for facilities or activities related to removal or remedial action of hazardous substances.

(o) To provide funding for the Water Pollution Control Revolving Fund established under ORS 468.427 (Water Pollution Control Revolving Fund), either as a grant or an advance. If the funding provided is an advance, the department shall establish the program described in ORS 468.433 (Duties of department) (2) to pay the bonds that funded the advance.

(p) To fund loans to or buy debt obligations of a public agency, as defined in ORS 468.423 (Definitions for ORS 468.423 to 468.440), that finance the costs of treatment works, as defined in ORS 468.423 (Definitions for ORS 468.423 to 468.440), which are funded in part through the Water Pollution Control Revolving Fund.

(q) To provide funding for remedial actions related to contaminated sediment found in the submerged and submersible lands, as those terms are defined in ORS 274.005 (Definitions), within the Willamette River between Swan Island and the confluence of the Willamette and Columbia Rivers and associated remedial actions. The funding provided under this paragraph may be used for remedial action costs, as defined in ORS 465.200 (Definitions for ORS 465.200 to 465.545).

(2) The facilities referred to in subsection (1)(a) to (c) of this section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the federal government, user charges, assessments and other fees.

(3) The facilities referred to subsection (1)(d), (f) and (g) of this section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the federal government, user charges, assessments and other fees.

(4) The real property and facilities that receive funding under subsection (1)(j), (k), (o) and (p) of this section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the federal government, user charges, assessments and other fees.

(5) The department may sell or pledge any bonds, notes or other obligations acquired under subsection (1)(b) of this section.

(6) Before making a loan or grant to or acquiring general obligation bonds or other obligations of a municipal corporation, city, county or agency for facilities for the disposal of solid waste or planning for such facilities, the department shall require the applicant to demonstrate that it has adopted a solid waste management plan that has been approved by the department. The plan must include a waste reduction program.

(7) Any grant authorized by this section shall be made only with the prior review of the Joint Committee on Ways and Means during the legislative sessions or the Emergency Board or the Joint Interim Committee on Ways and Means during the interim period between sessions.

(8) The department may assess those entities to whom grants and loans are made under this section to recover expenses incurred in administering this section. [Formerly 449.685; 1977 c.95 §8; 1977 c.704 §9; 1979 c.773 §9; 1981 c.312 §2; 1985 c.670 §42; 1987 c.695 §10; 1989 c.833 §§114,170; 1991 c.863 §37; 1993 c.18 §121; 1993 c.411 §§3,4; 1995 c.79 §276; 2003 c.696 §2; 2012 c.107 §16]

See also annota­tions under ORS 449.685 in permanent edi­tion.

Atty. Gen. Opinions

Commission authority to loan planning funds to metropolitan service district, (1972) Vol 35, p 1117; use of funds for research necessary and prior to planning, (1972) Vol 36, p 86; authority of the EQC to grant pollu­tion control funds for preliminary research planning and acquisi­tion of real estate for solid waste disposal facilities, (1972) Vol 36, p 242

Chapter 468

See also annota­tions under ORS chapter 449 in permanent edi­tion.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider statutory pro­vi­sions of this chapter while acting on solid waste disposal permit applica­tion under ORS 459.205 (Permit required) to 459.265 (Hearings). Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of depart­ment to review engineering data and design of wigwam waste burner or of air pollu­tion control equip­ment, or to prohibit construc­tion or installa­tion, (1971) Vol 35, p 917; state antipollu­tion regula­tions applicable to mining activities in wilderness areas in na­tional parks, (1972) Vol 35, p 1042; 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 to prevent air or wa­ter pollu­tion, (1979) Vol 39, p 770

Law Review Cita­tions

4 EL 339 (1974)


1 Legislative Counsel Committee, CHAPTER 468—Environmental Quality Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.