ORS 465.376 Special hazardous waste management fees; use of fees

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

$20 per ton for waste received by the facility that is:

PCB under Oregon or federal law;

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

Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit.

$5 per ton for waste that is:

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;

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;

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 (8) or 459.305 (7); or

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.

Upon the request of the Department of Environmental Quality, 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)(a) of this section.

Fees collected by the department 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 to 466.385 related to the management of hazardous waste; and

For the purposes described in ORS 465.381 (5).

Notwithstanding ORS 465.375 and subsection (1) of this section, the department, in consultation with the Environmental Quality Commission, may proportionally adjust the fees established under ORS 465.375 and subsection (1) of this section to meet, but not exceed, the revenue needs of the department consistent with the budget authorized by the Legislative Assembly.

The increased amount of fees under paragraph (a) of this subsection may not exceed the amount necessary for the department to accomplish the purposes set forth in ORS 465.381 (5) and 466.005 to 466.385.