\ '-,I


# • Chapter 468

1991EDITION
## Environmental Quali,ty Generally

POLLtnION CONTROL FACn.rrIES TAX CREDIT 468.150 Field

-sanitation and straw utilization and disposal methods as '"pollution**con~l** facilities" 46S.l55 Definitions for ORS 468.155 u) 468.190 46S.l60 Policy

. 46S.l65 Application for certification of pollution control facilities; fea 468.170 Action on application; rejection; appeal; issuance ofcertificate; certification 46lUSO Conditions forissuance ofcertificateunder

. ORS 468.170 468.lS5 Procedure to revoke

- certification; reinstatement 468.l9O Allocation ofcosts to pollution control

STATE POLLt.JTION CONTROL BONDS 468.l95 Issuance of bonds authorized; principal amount 468.2l5 Pollution Control Fund 468.220- Department to administer fund; uses; leg. islative approval of grants; administrative assessment 468.22.5 Investment yield on undistributed bond funds and revenues 468.230 Pollution Control Sinking Fund; use; limitation 4S8.24O Remedy where default occurs on payment to state 468.245 Acceptance offederal funds 468.2SO P3rticipation in match.i.cg fund programs withFederal Goven:u:nent 468.253 Authority ofdire'Ctor to actto benefitfund 46S.255 Limit on grants and loans 468.260

_Retual of unexpended funds to state re- quired; use ofreturned funds

COUNTYPOLLtrrION

- CONTROL FACILrrIES 468.263 Definitions for ORS 468.263 to 468.272 468.264 Polic:y 468.26S Powers at. county over pollution control fac:illties 468.268 I.ssuance at.bond.s 468.2S7 Security {orbonds 468.268 Enforcement ofbond obligation 468.269 Trustees; powers 468270 Tu:: statusot.leaseholdinterestin facillties 46l3.271 meet onprocedure ofawarding contracts; construction 468.2'72 Application of.otherlaws relating to bonds

FINANCINGTREATMENT WORKS 468.423 Definitions for ORS 468.423 to 468.440**468.~** Policy 468.421 Water Pollution Control Revolving Fund;
sources 468.429 Uses ot.revOlving fund 468.433 Duties ofdepartment 468.437 Loan applications; eligibility; waiver; de-· fault remedy ENFORCEMENT Complaintprocedure Investigatoryauthority; entr,y onpremises; stata.s

# 0'records Enforcement procedures; powers of re- gional authorities; status ofproceda:ies Appeal; power of court to stay eulorcement Enforcement in cases ofemergency Public hearings; subpoenas, oaths, depositions Advance notice Schedule of civil penalties; factors to be considered. in imposing civil penalties Imposition ofcivil penalties Civilpenalties tor specified violations GENERAL ADMINISTRATION 468.005 Defi.nitioDS 468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses 468.015 Functioas ofcommission 468.020 Rules and standards 468.030 Department ofEnvironmental Quality 468.035 Functions ofdepartment 468.040 Director; salary 468.045 Functions ofdirector; delegation 468.050 Deputy director 468.055 Contracts with Health Division 468.060 Enforcement ofrules by health agencies 4QI.065 luuance ofpermits; content; fees; use 468.07'0 Denial. modification. suspension or revo- cation ofpermits 468.075 Revolving fund; uses
UNIFORMTRANSBOUNDARY POLLlJTION RECIPROCALACCESS ACT Definitioas for ORS 468.076 to 468.089 Action for pollution originating in Oregon Action for pollution originating in reciprocatingjurisdiction Applicability ofOregonlaw Rights ofinjured person Right**conf~** under ORS 468.076 to 468.087 in addition to otherrights Sovereign immunity defense Application and coastruction of ORS 468.078 to 468.087 Short title 

# • 468.076 468.078 4S8.O'79

4S8.08O 468.081 468.083

468.08S
468.087

4S8.089

4S8.09O 468.09:5

46lUOO

468.ll0

468.115 468.l2O

468.l26 408.lSO

468.l35 468.140 

# •

36-661

### PUBLIC HEALTH AJ.'ID 

### SAFETY

408.439 Borrowing authority ofpublic agency 408.440 LOAn terms :md interest rates; considerations

RESOURCE CONSERVATIONTRUsr FUND (Generally) 468.6S9 Definitions for ORS 468.659 to 468.685 468.660 Legislative tinclings
468.661 Authority to aequire property con- nection with projects 46&662 Resource Conservation Trust Fund; subaccounts; sources 468.663 Fund to supplement traditional sources ot funding environmental and natural resources activities 46S.664 Resource Conservation Sinking**F~d;** purposes; sources'

. 468.665 Determination of amount of money available for funding habitat and waste re- duction programs (Habitat Conservation) 4S8.S66 Habitat Conservation Trust Fund Board; membership; terms 4S8.66'1 Advisory and tedmica1 committees 468.668 Plan to determine eligibility of habitat coa.servatiOI1 projects for fUDdiAg; COl1teAts 468.669 Review and approval ofp1aa. 468.5i'O Allocatiol1 ofmol1eys according to plan
468.671 Allocatiol1·of.mOl1eys ill habitat conserva- COil subaccount 468.672 Nominatiol1othabitatcOl1Servatiol1project 468S73 Rules 468.674 Staffingothabitat conservatiOI1 projects (Wute Reductiol1) 408.575 Waste Reductiol1 Trust FUAd Board; mem- bership; term.s
468.676 Advisory and techAica1 committees 468.677 P1aa. to determiD.e eligibility of resource recycling projects for fw1diAg; cOl1tel1ts 468.S78 Review aAd approval ofp1aa. 4611679 Allocatiol1 ofmOl1eys according to plaA
468.680 Allocatiol1 of mOI1ey5 ill waste reductiOI1 subaccount 468.681 NomiaatiOl1 ofresource recycling project 468.Q2 Rules 468.683 Staflbsg ofresource recycliD.c projects .468.685 Waste diver.riol1 credit; quallficatiOI1

USED On. RECYCLING DefinitiaAs for ORS**468~** to 468.8'11 468.&S3 Legislative tiAdiAp
468.SS6 Used oil to be collected and recycled
408.8S9 Used oil inlcnmatiOI1 Cel1ter; public edueaCOil
468.S62 Recycling iAformatiol1 to be posted 46B.S65 Prohihited disposal ofused oil 468.S68 Enloreemel1tpowers ot comm.isaiol1
468Jl69 Use. maI1lIgemel1t, disposal and resource recovery; ruJ.es 46&810 Use (or duse suppressiol1 or as herbicide 468.871 Shori title RECI.AIMED PLASTIC PRODUCT TAX CREDIT 468.92.S Defi1iitioaS·for ORS 468.925 to 468.965 468.930 Policy 468.93S Applicatiol1 Corcertification oCil1vestment to collect, transport or process reclaimed plastic or maAWacture reclaimed plastic product 468.940 Action 011 applicatiol1; rejection; appeal; certificatiol1 ofiIlvestmel1t 468.945 PreJimjnary certificatiOI1 ot mvestment 468.950 Final certificatiOI1 408.95S Revocatiol1 ofcertificate; consequences 468.960 AUocatiol1 ofcosts to collect, transport or process reclaimed. plastic or man.ufacture reclaimed. plastic product 468.965 Limit 011 costs certified. by commission for tax credit

PE..'l'ALTIES 408.992 Penalties for pollutiol1 offel1Ses 468.996 Civil peAalty for mtel1tional or reckless violatiol1 468.997 JomderofcertaiA ofreASes


### CROSS REFERENCES

Administrative procedures, 183.310 to 183.550 Air pollution generally, Ch. 46SA Air pollution. indoor, 433.502 to 433.526 Civil penalty for intentional or reckless violation. 488.996 Forest practices to comply.with pollution laws, 521.724 Global warming, strategyfor reducing emissionofgases that contribute to, participation by Environmental Quality Commi"ion. 469.060 Health hazard annexation or district formation. fac:ili-

. ties and services. btlundaries. 431.705 to 431.760

In-stream water right applic:ations. 531.336 Notice to department by Health Division if water sam- pling detects certain contaminants, 448.150 Recycling, Ch. 459A Solid wasta. Ch. 459 Tributyltin. brochure, 634.525 Volunteering assistance or advise related to clean up ot:hazardous material. liabilitylimitation. 30.490 to 30.497
WatArpollutiaA generally, Ch. 46aB
46&.030
Committee on Synthetic Chemicals in the Environment. membership, Hydroelectric power development: polier. effect of**~ects.** 543.015, 543.011. 543.255, 543.257

468.035 Cleanup of chemicals at alleged site ot: illegal drag manlluc:Nring, 415.405 to 475.495
468..0"5
Geothermal well

### ciriillng applications, 522.065. 522.125

468.l6O

Taxrelief. 307.405. 314.255. 316.097. 317.116 

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36-662

### ENVIRONMENTAL QUALITY 

### GENERALLY .'



## I

...

# • 468.165 468.195 to 468.250



# •

• Ta."C credit for corporations owning pclluticn control Certification to Executive Department of bonded debt facilities, 317.116**s~** amounts, 291.445

36-663PUBLIC HEALTH AND SAFETY

36-664 

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### "ENVIRONMENTAL QUALITY GENERALLY 

# •

•

• GENERAL ADMINISTRATION**468~OO5** Definitions. As used in ORS 448.305, 454.010to 454.040, 454.205 to454.255,

-454.405, 454.425, 454.505 to454.535, 454.605 to

454.745 and ORS chapters 468, 468A and 468B, unless the context requires otherwise: (1) "Commission" means the Environmental Quality Commission. " (2) "Department:' means the Department ofEnvironmental Quality. (3) "Director" means the Director of the Department ofEnvironmental Quality. " (4) "Order" has the same meaning as given in ORS 183.310. (S) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the Federal Government and any agencies thereof." " (6) "Rule" has the samemeaningas given in ORS 183.310. (7) "Standard" or "standards" means such
measure of quality or purity for air or for any waters in relation to their reasonable or necessary use as may be established by the commissionpursuant to ORS 448.305, 454.010 to 454.040,**454~05** to 454.255, 454.405, 454.425,"454.505 to 454.535, 454.605 to 454.745 and OBS chapters 468, 468A and 468B. (Formerly 449.0011 468.010 "Environmental Quality Commission; appointment; confirmation; term; compensation and expenses. (1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as providedin ORS 171.562 and i 71.565. (2) The term of office of a member shall be four years, but the members of the commission may be removed by the Governor. Before the expiration ofthe term of a member, the Governor shall appoint a successor to assume the duties of the member on July 1 next following. A member shall be eligible forreappointment, butno membershall serve more than two consecutive terms. In case of
a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (3) A member ofthe commission is entitled to compensation and expenses as provided inORS 292.495. (Formerly 449.0161 468.015 Functions ofcommission. It is the function of"the commission"to establish the policies for the operation ofthe"**dep~­** ment in a manner consistent with the policies and purposes of ORS 448.305; 454.010 to 468.035

454.040, 454.205 to 454.255, 454.405, 454.425, 454.505 to 454.535, 454.605 to 454.745 and ORS clii'pters 468, 468A and 468B. In addi-

_ tion, the commission shall perform any other duty vested in itby law. [1973 c.S35 §4] 468.020 Rules and standards. (1) In accordance

.. vith the applicable" provisions of ORS 183.310 to 183.550, the commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vestedby law 

### in the commission. (2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its 

### adopticn. The hearing may be before the commission, any designated member thereofor any "person designated by and acting for the commission. (Formerly 449.173; 1977 c.3S gIl 468.030 Department ofEnvironmental Quality. There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of**Envir~n** mental Quality. The department shall consist of the director of the department and all personnel employed in the department. [Formerly 449.0321 468.035 Functions of department. (1) Subject to policy direction by the commission, the department: (a) Shall encourage voluntary cooperation by the people, municipalities, cOu;r:ttie.s, industries, agriculture, and otherpursuits, in restoring and preserving the quality and**p~­** rity ofthe air and the waters ofthe state in accordance with rules and standards established by the commission. (b) May conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs per- taining to the quality and purity of the air
or the waters ofthe state and to the treatment and disposal ofwastes. (c) Shall advise, consult, and cooperate 'With other agencies of the state, political subdivisions, other states or the Federal Government, 

### in respect to any proceedings and 

### all matters pertaining to control of air

or water pollution or**~or** the**fo~~tion** and submission to the legislature or mterstate pollution control compacts or agreements. (d) May employ personnel,**~c1ud.ing** specialists, consultants and hearmg officers, purchase materials and supplies, and" enter into contracts necessary to carry out the purposes setforth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.405, 454.425, 454.505 to 454.535, 454.605 to 454.745 and ORS chapters 468, 468A and 468B.

36-665468.040 PUBLIC HEALTH AL'ID SAFETY

(e) Shall conduct and supervise programs (2) Nothing in this section shall affect ofair and water pollution control education, the authority ofthe Health Division to make including the preparation and distribution of and enforce 

### rules; information regarding air and water 1'01- (a) Regarding the quality of water for lution sources and control. human or animal consumption pursuant to (f) Shall provide advisory technical con- ORS 448.115 to 448.325, 624.010 to 624.120 sultation and services to units oflocal gov- and 624.310 to 624.440; and ernment and to state agencies. (b) Regarding the quality of water for (g) Shall develop and conduct demon- public swimming places pursuant· to ORS stration programs in cooperation with units 431.110. (Fon:I1eriy 449.082; 1983 c.740 §181; 1987 c.734- of local government. §ll] (h) Shall serve as the agency ofthe state 468.040 Director; salary. The commisfor receipt ofmoneys from the Federal Gov- sion shall appoint a director who shall hold ernment or other public or private**ag~ncies** office at the pleasure ofthe commission. The for the purposes of air and water pollution salary ofthe director shall be fixed by the control, studies or r.esearch and to expend commission unless otherwise provided by moneys after appropriation thereof for the law. (Formerly449.026] purposes given. 468.045 Function.s of director; deleg- (i) Shall make such determination of pri- ation, (1) Subject to policy direction by the ority of air or water pollution control commission, the director shall.: projects as'may be necessary under tenns of statutes enacted by the Congress of· the (a) Be admir;istrative head ofthe departUnited States. ment; G) Shall seek enforcement ofthe air and (b) Have power, within applicable budgwater pollution laws ofthe 

### state, etary limitations, and in accordance with (k) Shall institute or cause 

### to be insti- ORS chaoter 240, to hire, assign, reassign, and coordinatepersonnel ofthe department; tuted 

### in a court of competent jurisdiction. proceedings to compel compliance with any (c) Administer and enforce the laws of rule or standard adopted or any order or the state concerning environmental quality;· permit, or condition thereof, issued pursuant and '..

. to ORS 448.305, 454.010 

### to454.040, 454.205to.

- - _(d) Be authorized 

### to participate in any**454.25~,** 454.405, 454.425, 454.505 to 454.535,.· proceeding-.before

-any public officer; com454.600 to 454.745 and ORS chapters 468, mission or body ofthe United States or any 468Aand468B. state for the purpose ofrepresenting

_ the.cit- (L) Shall encourage the formulation and ize11.? of Oregon concerning environmentalexecution of plans 

### in

-conjunction with air quality. and**~a~r** pollution**co~trol ~g:enci~s**  or**~th** (2) In addition to duties otherwise reassociations of counties, Clties,.**md~~es** quired by law, the director shall prescribe and other persons who**severall~** or JOIntly regulations for**th~** government of the deare**o~** may be the sourc:e of all" or water partment, the conduct of its employees, the pollution.. for the prevention and abatement assigI;ment and performance of its business ofpollution.

. and the custody, use and preservation ofits**(~)** May determine, by means of field records,**pap~rs an~**  property in a manner studies and sampling, the degree of air or cons1Stent mth applicable law. water pollution in various regions of the (3) The director may delegate to any of state. the

### e~t~!;es ofthe departmentthe exercise (n) Mayperform such other and further or dis e in the.director's name of any acts as maybe necessary, properordesirable power, duty or function ofwhatever characto 

### cany out effectively the duties, powers ter, vested 

### in or imposed by law upon the and responsibilities ofthe department as set director. The official act of any such person forth in ORS 448.305, 454.010 to 454.040, so acting in the director's name and by the 454.205to 454.255, 454.405, 454.425, 454.505 to authority ofthe director shall be considered 454.535, 454.605 to 454.745 and ORS chapters to be an official act ofthe director. (Formerly 468, 468Aand468B. 449.0281

_ (0) Shall coordinate any activities ofthe 468.050 Deputy**~tor. (1~**  With the

department related to a watershed enhance- approval ofthe COmmISSIOn. the directormay**m~pt** project approved by the Governor's appoint a deputy director in the uncla.ssified Watershed Enhancement Board under ORS service who shall serveatthepleasure ofthe 541.375 with activities of other cooperating director. The deputr director shall have full state and federal agencies participating in authority 

### to act for the director, subject to the project. directions of the director. The appointment

-36-666-**~-** 

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### of the deputy director shall be by written providedin ORS 468A.315, 

### the fees contained order, filed with the Secretary ofState. in the schedule shall be based upon the an- (2)The deputy director shallreceive such

_**ticit1.*e~** 

### cost of.filing and investigating the salary as may be provided by law or, if

### not application, of issumg 

### or denying the reso provided, as may be fi

.. eed by the director, questedpermit, and ofaninspectionprogram and shall be reimbursed for all e

.. cpenses ac- to 

### detennine compliance or noncompliance tually and necessarily incurredbythedeputy with the permit. The fee shall accompany director in 

### the performance of the official the application for the permit. The fees for duties ofthe deputy director. (1973c:.291 §2] 

### a permit issued under ORS 468B.050 may be Note: 468.050 was enacted into law by the Legisla- 

### imposedon an annual basis.
aveAssembly but was not added to or made a part of 

### (3) 

### An applicant for certification of a ORS chapter 468 or any'

### series therein by legislative 

### projectunderORS 468B.040 or 468B.045 shall action. See Preface to Oregon Revised Statutes for fur· 

### pay as a fee all exoenses incurred by the ther explanation. .or 

### commission and department related to the 468.055 Contracts with 

### Health Divi- 

### review and decision ofthe director and comsion, In addition to the authority granted mission. These expenses may include legal under OBS 190.003 to 190.110, when author- expenses, expenses incurred in processing ized by the commission and the Health Divi- and evaluating the application, issuing or sion, the director and the Assistant Director denying certification and expenses of comfor Health may contract on .behalf of their missioning an independent study by a conrespective agencies for the purposes of car- tractor ofany aspect ofthe proposed project. rying out the functions of either agency, de- These excenses shall not include the costs fining areas of responsibility, furnishing incurred

## In defending a decision ofeitherthe services or employees by one to the other director or the commission against appeals and generallyproviding cooperative actionin 

### or legal challenges. Every applicant for certhe interests otpublic health and the quality tification shall submit to the department a of the environment in 

### Oregon. Each con- fee at the same time as the application for' tracting agency is 

### directed to maintain liai- certification is filed. The fee for a new: son withthe otherandto cooperate with the project shall be $5,000, and the fee for an,

.. other.in all matters ofjoint concern or in- 

### e:ci.sting project needing relicense shall be.. terest. (Formerly 449.0621 

### $3,000. To the extent possible, the full cosL::. 468.060 Enforcement of rules by of the investigation shall be paid from**th~~',~:..** 

### ' health agencies. On 

### its own motion after application fee paid under this 

### section. How- :

.. public hearing. the commission may grant ever, if the costs exceed the fee, the appli-'

..·' '. 

### specific authorization to the Health Division cant shall pay any excess costs shown in 

### an" or to any county, district or city board of . itemized statement prepared by the depart-:: 

### health to enforce any rule ofthe commission ment. In

### no event shallthe department incur

. relating to air 

### or water pollution or solid expenses to be borne by the applicant in ex-: ' 

### wastes. (Formerly 449.0641 

### cess or-no percent ofthe fee initially paid 468.065 Issuance'of permits; content; withoutpriornotificationto the apP!icant. In 

### fees; use. Subject to any specific reouire- no event shall the total fee exceed**~,900.** 

### ments imposed by ORS 448.305, 454.oio to for.a new**p~Ject** 

### oz: $30,000 for an eXlSting 454.040, 454.205 to 

### 454.255, 454.405, 454.425, project neediJ;1g, :-elicense.. If 

### the costs are 454.505 to 454.535, 454,605 to 

### 454.745 and 

### less thanthe Ulltial 

### fee.PaId, the excess shall OBS chapters 468, 468Aand468B: be refunded to the applicant. (1) Applications for all permits author.

. (1:} 

### l'he**det~;ment** 

### JI?AY require the subized or requii:ed by ORS 448.305,.454.010 to**IIUS~on** 

### of p

..' specifications and cor454.040, 454.205 .to 

### 454.255, 454.405, 454.425, rections**an~ reV1S10~**  

### thereto and such other 454.505 to 454.535, 454.605 to 454.745 and 

### reasonable**info~tion ~t.**  

### c:onslders**ne~­** 

### ORS chapters 468, 468A and 468B shall be sary to determine.the eligibility ofthe applimade ina formprescribedbythedepartment. cantfor the pe1"I11lt. Any.permit issued by the department shall (5) The department may.require periodic specify its duration, and the conditions for reports from persons who hold permits under compliance with the rules and standards, if 

### ORS 448.305, 454.010 to 454.040, 454.205 

### to any, adopted by the commission pursuant to 454.225, 

### 454.405, 454.425, 454.505 to 454.535, ORS 448.305, 454.010 to 454.040,. 454.205 to 

### 454.605 to 

### 454.745 and OBS chanters 468, 454.255, 454.405, 454.425, 454.505 to 

### 454.535, 468A and 468B. Thereport shallbe'in a form 454.605 

### to 454.745 and ORS chapters 468, prescribed by the department and shall con468Aand468B. tain 

### such information as to the 

### amount and (2) By rule and after hearing, the com- nature or common description of the mission may establish a schedule offees for pollutant, contamjnant. or

.waste and such permits issued pursuant to ORS 468A.040, otherinformation. as the department mayre468A.045, 468A.155 and 468B.050. Except as quire. 

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• ENVIRONMENTAL QUALITY'GENERALLY 468.065

36-667468.070 PUBLIC HEALTH AND SAFETY

(6) Any fee collected under this section or ORS 468A315 shall be deposited in the State Treasury to the credit of an account of the department. Such -fees are continuously appropriated to meet the administrative expenses ofthe program for which**~ey** are collected. Any fees collected under ORS 46aA315 in any biennium. that exceed the legislatively approved budget, including amounts authonzed by the EmergencyBoard for the federal operating permit program for such biennium, shall be credited toward the federal operating permit program budget for the following bieIinium.. The 

### fees collected under this section or ORS 468A315 by a regional air pollution control authority 'pursu-

. ant to a permit program authorized by the

commission shall be retained by and shall be income to the regional authority. Such fees shall be accounted for and expended in the
same manner 

### as are other funds of the regional authority. However.vifthe department finds after hearing that the permit program administered by the regional authority does not conform to the requirements of the permit program approved by the commission pursuant to ORS 468A155, suchfees shallbe deposited and expended as are permit fees submitted to the department. (Formerly 449.733; 1975 c:.445§7; 1983c:.144§2; 1983 c:.140 §182; 1989 c:.199§l; 1989c:.833 §77; 1991 c:.723 §l; 1991 c:.1S2 §15] 468.070 Denial,**modi.ficatio~** 

### suspension or revocation ofpermits. (1) At any time, the department· may refuse·to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 ifit

### finds: (a) A material misrepresentation or false statement in the application for the permit.

. (b) Failure to comply with the conditions ofthe permit.

. (c) Violation of any applicable provisions of ORS 466.605 to 466.680, 466.880 (3) and (4) and 466.995 (3) orORS chapters 468, 468A and 468B. (d) Violation

.of any applicable rule, standard ororderofthe commjssion. (2) The department may modify any permitissuedpursuantto ORS 468.065 ifit

### finds that moditication is necessary for the proper administration, implementation or enforce-. ment of the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to454.255,454.405, 454.425, 454.505 to 454.535, 454.605 to454.745, 466.605 to 466.690 and ORS chapters 468, 468Aand468B. (3) The procedure for moditication, suspension, revocation or refusal to issue or renew shall be the procedure for a contested
case 

# as provided in ORS 183.310 to 183.550. (1973 c.835 §14: 1979 c:.184§l; 1985 c:.133§22]

. 468.075 Revolving fund; uses. (1) On written request ofthe director ofthe department or the authori%ed renresentative ofthe director, -the "EXecutive -Department shall draw warrants on amounts appropriated to the department for operating expenses for
use by the department. as a revolving fund. The revolving fund shall not exceed the aggregate sum of $10,000 including unreim-

.bursed advances. The revolving fund shallbe

depositedwith the StateTreasurer.to be held in a special account against which the departmentmay drawchecks. (2) The revolving fund may be used by the department

### to payfor travel expenses, or advances therefor, for employees ofthe de-: partmentand for anyconsultants oradvisers for whom payment oftravel 

### expenses is authorized by law or for purchases required from time to time or for receipt or disbursement offederal funds available underfederal law.(3) All claims for reimbursement of amounts paid from the revolving fund shall be approved by the department and by the Executive Department. When such claims have been approved, a warrant covering them shall be drawn in favor of the department and charged against the appropriate fund or account, and shall be 

### used to reimburse the revolvingfund.. (Formerly 449.034; 19TT c:.104§7] •


### UNIFORMTRANSBOUNDARY POU,UTIONRECIPROCALACCESS ACT 468.076 Definitions for ORS 468.076 

### to 468.089. As used in OBS 468.076 to 468.089: (1) "Person" means an individual, corporation, business 

### trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, govemmental subdivision or agency, or any other legal entity. (2) "Reciprocatingjurisdiction" means a state of the United States of America, the District of**Columb~** the Commonwealth of Puerto Rico, a territory or possession ofthe United States ofAmerica or 

### a province or territoryofCanada, that 

### has enacted an Act' to provide substantially equivalent access to its courts and admjnistrative agencies as provided in ORS 468.076 to 468.087. [1991 c:.B2S §2) Note: 468.Q76 to 468.089 were eDaeted into law by the LegislativeAssemblybutwere !lotadded to or made
a put ofOBS chapters 468, 468Aand 468B orany series therein by legislative aet:ica. See Preface to Oregon He-
, vised Statutes for fcrthe:r aplauatioa. 468.078 Action for pollution originating in Oregon. Any person in a reciprocating jurisdiction" may bring an action or other proceeding in Oregori. for in

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" 36-668**~---** ----------- - ---------- --- -- - - ---

- -- - II

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### ENFORCEMENT 468.090 Complaint procedure. (1) In

case any written substantiated complaint is filed with the department which it has cause to believe, or in case the department itself has cause 

### to believe, that any person is viclatingany rule or standard adopted by the commission or any permit issued by the department by causing or permitting water pollution or air pollution or air contamination, the department shall cause an investigation thereof to be made. If it finds
mer suchinvestigation that such a violation ofany rule or standard ofthe commission or of any permit issued by the department exists, it shall by conference, conciliation and persuasion endeavor to eliminate the source or cause of the pollution or contamination which resulted in such violation. (2) 

### In case of failure to remedy the violation, the department shall commence enforcement proceedings pursuant to the procedures set forth 

### in ORS 183.310 to. 183.550 for a contested case. [Formerly 449.815J 468.095 Investigatory authority; entry.:;

. on premises; status of records, (1) The ;.:. department shall have the power to enter" upon and inspect, at any reasonable time, any public or private property, premises or clace for the purcose ofinvestigating either, 

# an actual or susuected source of water pollution 

### or air 

### pollution or air contamination
or to ascertain compliance or noncompliance with any rule or standard adocted or order
or permit issued pursuant to ·ORS 448.305, 454.010to454.040,454.205 to 454.255, 454.405, 454.425,454.505 to 454.535, 454.605 to 454.745 and ORS chacters 468, 468A and 468B. The commission sball also have access to any pertinent records relating to such property, includingbut not limited to blueprints, operation and maintenance records and logs, op- erating rules and procedures. (2) Unless classified by the director as confidential, any records, reports or information obtained under ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.405, 454.425, 454.505 to 454.535, 454.605 to 454.745 and ORS chapters 468, 468A and 468B shall be available to the public, Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, other than emission data, if made public, would divulge a secret process,

.device or method of manufacturing or production entitled to protection as trade secrets of such person, the director shall classify such record, report or information, 468.095 

# •

•

• ENVffiON1\'IENTAL QUALITY GENERALLY

jury or threatened injury to property or per- the "Uniform Transboundary Pollution son in the reciprocating jurisdiction caused ciprocal Access Act." (1991 c.826 §1] by pollution originating, or that may origi- - .Note: See note under 468.076. nate, in Oregon. (1991 c.S26 §3] Note: See note under 468.076. 468.079 Action for pollution originatinginreciprocatingjurisdiction. A person who suffers, or is threatened with, injury to the person or property in a reciprocatingjurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to reliefwith respect to the injury or threatened injury, and may enforce those rights in Oregon as if the injury or threatened injury occurred in Oregon. (1991 c.S26 §4] Note: See note under 468.076. 468.0BO Applicability of Oregon law; The law to be acclied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes "collution," is the law of Oregon 

### excluding Oreaon's choice of law rules. Nothing in 

## oiiS'468.076 to 468.087 restricts the 

### applicability offederal law in actions in whiCh federal law is preemptive. Nothing in ORS 468.076 to 468.087 determines whether state law or federal law applies in any particular legal action. (1991 c.826 §5) Note: See nOteunder468.076. 468.081 Rights ofinjured person. ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights sunericr to those that the person would have 

### if injured or threatened with injury in Oregon. [1991c.a26 §6]

. Note: See note under468.076. 468.083 Right conferred under ORS 468.076 

### to 468.087 

### in addition to other rights. The right provided in ORS 468.076 to 468.087 is in addit:;on to, and not in derogation of, any otherright. [1991 c.B26 §7] Note: See note under468.076.**468.08~** Sovereign immunity defense. The defense of sovereign immunity is 

### appli- cable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extentthat it would apply to a person injured or threatened with injury in Oregon. (l991 c.a26 §8]

. Note: See nota under 468.076. 468.087 Application and construction of ORS 468.076 

### to 468.087. ORS 468.076 to 468.087 shall be applied and construed to carry outthe general purpose ofORS468.076 to 468.089 to make uniform the law with respectto the subjectofORS 468.076 to468.089 among thejurisdictions enacting it. [1991 c.826 §9] " Note: See note under 468.076. 468.089 Short title. ORS 468.076 to 468.087·shall be known and may be cited as Re-

.'**r~**

36-669468.100 

### PUBLIC HEALTH AJ.'ID 

### SAFETY

or particular Eart thereof, other than emission data, confidential and such confidential record, report or information, or particular part thereof, other than emission data, shall not be made a part 

### of any public record or used in any public hearingUnless it is 

### determined by a circuit court that evidence thereofis necessary to the determination of
an issue or issues.being decided at a public hearing.**~onnerly** 449.169; 1975 c.173 §l] 

### 468.100 Enforcementprocedures; powers ofregional authorities; status ofpro

### cedures. (1) 

### Whenever the commission 

### has good

### causate believe that any person is 

### engaged or is 

### about to engage in 

### any acts or practices which constitute a violationofORS 448.305, 454.010to 454.040, 454.205 to454.255, 454.405,454.425,454.505 

### to454.535, 454.605 

### to 454.745 

### and ORS chapters 468, 468A 

### and 468B, 

### or any rule, standard or order adopted
or enteredpursuantthereto, or ofanypermit issued pursuant to ORS 448.305, 454.010 

### to 454.040, 454.205 to 454.255, 454.405, 454.425, 454.505 

### to 454.535, 454.605 to 454.745 

### and ORS chapters 468, 468A 

### and 468B, 

### the commission mayinstitute actions or proceedings for legal or equitable remedies to 

### enforce cemnliance thereto or to restrain further violations. (2) The proceedings authorized by subsection (1) ofthis 

### section may be instituted without the necessity ofprior agency notice; hearing and order, or during-: 

### said agency hearing if

### ithas beeninitially commencedby the commission. ' (3) A regional authority formed under ORS 468A.105 

### may exercise the same functions as 

### are vestedin the commissionby this 

### section in so'far as such functions relate to air 

### pollution control and are applicable to the conditions and situations ofthe territory within the regional authority. The regional authority shall carry 

### out these functions in the manner provided for the commission to 

### carry out the same functions. (4) The provisions of this 

### section are in addition to and not in substitution of any other civil 

### or criminal enforcement provisions available to the commission or a regional authority. The provisions of this section shall not preventthe maintenance of actions for legal or equitable remedies relating to private orpublic nuisances broughtby any otherperson, or by the state on relation of any person without prior order of the commission. (1973 e.S26 §2; 1979 e.2S4 §l53J
468.l05 (Repealed by 1974 u. c.36 §2S1 

### 468.110Appeal; powerofcourt to stay enforcement. Any person adversely affected or aggrieved by any order ofthe commission may appeal from such order in 

### accordance with the _provisions of ORS 183.310 

### to 183.550. 

### However, notwithstanding ORS 183.480 (31,

### relatmg to 

### a stay ofenforcement ofan agency orderand the giving of bond or other undertaking related thereto, any reviewing court before it may stay an order of the commission shall give due consideration to the public interest in the continued enforcement of the commission's order, and may take testimonythereon. (Formerly 449.0901 

### '468.115 Enforcement 

### in cases ofemer· gency. (1) 

### Whenever 

### it appears to the department that water pollution or air 

### pollution or air 

### contamination is presenting
an imminent and substantial endangerment to the health ofpersons, at the direction of the Governor the department shall, without the necessity of prior administrative proce- dures or hearing, enter an order against the person or persons responsible for the pol- lution or contamination requiring the person or persons to cease and desist from the action causing the pollution or contamination. Such order shall be effective for a period not to exceed 10 days 

### and may be renewed thereafterby orderofthe Governor. (2) The state and local police shall cooperate in the enforcement ofany orderissued pursuant to subsection(1) ofthis section and shallrequire no further authority orwarrant in e

..,ecuting and enforcing.such. an order. (3) If

### any person fails to comply with an ' order issued

### pursuant·to 

### subsection (1) of this section, the circuit court in which the
source ofwater pollution or air 

### pollution or air 

### contamination is located shall compel 

### compliance with the orderin the same

# manner as with an order ofthat court. (Formerly 449.9801 

### 468.120 Public hearings;' 

### subpoenas, oaths, depositions. (1) The commission, its 

### members or a person designated by and acting for the commission may: (a) Conductpublic hearings. (b) 

### Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission. (c)Administer oaths. (d) Take orcause to 

### be takendepositions and receive such pertinent and relevant proof as may be considered necessary or proper to carry 

### out duties ofthe commission and department pursuant to 

### ORS 448.305, 454.010 to 454.040, 454.205 to454.255, 454.405,

,454.425, 454.505 to 454.535, 454.605 to 454.745



### and ORS chapters 468, 46SA 

### and 468B.



### . (2) Subpoenas authorized by this section

,may be served by any person authorized by

the person issuing 

### the subpoena. Witnesses who are subpoenaed shall receive the fees 

# o

o

(J

----- -:36-610--

--

_**----_._,~---** ----- ---

- --------------- - ----- "---

- --------and mileage provided in ORS 44.415 (2). (c) The e-conomicand financial conditions (Formerly 449.048; 1989 c:.9S0 §14b] ofthe person incurring a penalty.
468.125 (Fonuerly 449.9&7; 1977 c.317 §2; 1983 c.i03

- (·.J-r"I"h 'ty d· it d f th

. §17; 1985 c.73S §3; 1987 c.741 §19;repealed by 1991 c.650 Y.J Jo e gravi an magm u e 0 e VI--' §8 (468.126 enacted in lieu of468.125)] olation. 468.126 Advance notice. (1) No civil . (e) Whether the violation was repeated penalty prescribed under ORS 468.140 shall or continuous.

. be imposed for a violation of an air, water (f) Whetber the cause of the violation or solid waste permit issued by the depart- was an unavoidable accident, negligence or ment until the permittee bas received five an intentional act. days' advance warning in writing from the ( ) Th I r' d department, specifying the. violation and g e vio ato s cooperativeness an efstatipgthat a penalty

### Willbe imposedfor the forts to correct tbe violation. violation unless the permittee submits the. (h) Any relevant rule ofthe commission. following to the departmentin writingwithin (3) The penalty imposed under this secfive working days after receipt of the ad- tion may be remitted ormitigated upon such

vance warning:

. terms and conditions as the commission or (a) A response certifying that the per- regional authority considers proper and conmitted facility is complying with applicable sistent with the public health and safety. law; or . (4) The commission may by rule delegate (b) A proposal to bring the facility into to the department, upon such conditions as compliance with applicable law that is ac- deemed necessary, all or part ofthe authorceptable to the department and that includes ity ofthe commission provided in subsection but is not limited to proposed compliance (3) ofthis section to remit or mitigate civil dates. p'enalties. (Formerly449.970; 1977 c.317 §3; 1987 1:.266 (2) No advance notice shall be required**~2;** 1991 c.650 §4) under subsection (1) ofthis section if: 468.135 Imposition of civil penalties.' (a) The violation is intentional; (1) 

### Any civil penalty underORS 468.140 shall ". (b) The water or air violation would not

### ~83~~sed in the manner provided.in ORS

### .~ normally occur for five consecutive days; or ( ) Th . h . d . d (2) All penalties recovered under ORS c e penmttee as receive

.pnor a - 468.140 shall be paid into the State Treasury
vance warning ofany violation ofthe permit and credited to the General Fund, or in the within the 36 months immediately preceding the violation. (1991 c.650 §9 (enacted in lieu of event the penalty is recovered by a regional 408.125)] air quality control authority, it shall be paid into the

_county treasury of the county in: 468.130 SChedule of civil penalties; which the violation occurred. (Formerly 449.973; factors to be considered inimposingcivil.**~89** c.i06 §17; 1991 c.650 §6; 1991 c.734 §37] penalties. (1)The commission shall adopt by rule a schedule or schedules establishing the 468.140 Civil penalties for specified viamount ofcivil penalty that may be imposed olations. (1) In addition to anyotherpenalty for a particularviolation. Exceptas provided providedby law, anypersonwho violates any in ORS 468.140 (3), no civil penalty shall ex- of the following shall incur. a civil penalty ceed $10,000 per day. Where the classiiica- for each day ofviolation in the amount pretion involves air pollution, the commission scribed by the schedule adopted under ORS shall consult with the regional air quality 468.130: control authorities before adopting any clas-
, (a) The

## terms or conditions ofany permit siiication or schedule. required or authorized by law and issued by (2) In imposing a penaltypursuant to the the department or a regional air quality schedule or schedules authorized by 

### this sec- control authority. tion, the commission and regional airquality (b) Any provisionof ORS 164.785,448.305, control authorities shall censider the follow- 454.010 to454.040, 454.205 to454.255, 454.405, ing factors: 454.425, 454.505 to 454.535, 454.605 to454.745, (a) The past history ofthe person incur- ORS chapter467 andORS chapters 468, 468A ring a penalty in taking all feasible steps or and 468B. procedures necessary or appropriate to cor- (c) Any rule or standard or order ofthe rect any violation. commission adopted or issued pursuant to (b) Any priorviolations ofstatutes, rules, .-ORS 448.305, 454.010 to 454.040,454.205 to orders and pennits pertainingto wateror air 454.255; 454.405, 454.425, 454.505 to 454.535, pollution or air contamination or solid waste 454.605 to 454.745, ORS chaoter467 and ORB disposal.

. chapters 468, 468A and 468B. 

# •

•

• ENVIRONl'rIENTAL QUALITY GENERALLY 468.140



## ,:
-. ,·1

36-671

# o

o

o POLLUTION CONTROL FACILITIES ·T-AX CREDIT 468.150 

### Field sanitation 

### and straw utilization 

### and disposal methods as "pollution control facilities." After alternative methods for field sanitation and straw utilization and disposal are approved by the committee and the department, "pollution control facility," as defined in ORS 468.155, shall include such approved alternative methods and persons Ilurchasing and utilizing such methods shan be eligible for the benefits allowed by ORS 468.155 to 468.190. (1975c.559 §1S1 Note: 468.150was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any serie:t therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

. PUBLIC HEALTH AND SAFETY 468.150

(d) Any term or condition of a variance granted by the commission or department pursuant to ORS 467.060. (e) 

# Any rule or standard or order of a regional authority adopted or issued under authority of

### O.RS 468A.135. (f) The financial assurance requirement under ORS 468B.480 and 468B.485 or any rule related to the financial assurance requirementunder ORS 468B.480. (2) Each day of violation under subsection (1) ofthis section constitutes a separate offense. (3)(a) In addition to any other penalty provided by law, any person who intentionally or negligently causes or permits the discharge of oil into the waters of the state shall incur a civil penalty not to exceed the amount of $20,000 for each violation. 468.155 Definitions for ORS 468.155 to (b) I dditi h nal 468.190. (l}(a) As used in ORS 468.155 to n a on to any ot er pe ty pro- 468.190, unless the context

### re~uires other- vided by law, the following persons shall incur a civil penalty not 

### to exceed the wise, "pollution control acility". or amount of$10,000 for each day ofviolation: "facility" means any land, structure, building, installation, excavation, machinery, (A) Any person who violates the terms equipment or device, or any addition to, reor conditions of a permit authorizing waste construction of or improvement of, land or. discharge into the air or waters ofthe state. an existing structure, building, installation, (B) Any person who violates any law, excavation, machinery, equipment or device rule, order or standard in ORS 448.305, reasonably used, erected, constructed or in454.010

### to454.040, 454.205 to 454.255, 454.405, stalled by any person if: 454.425,454.505 to 454.535, 454.605 to 454.745 (A) The principal purpose of such use, and ORS chapters 468, 468A and 468B re1at- erection, construction or installation is to ing to air or waterpollution. comply with a requirement imposed by the (C) Any person who violates the pro- department, the federal Environmental Provisions of a rille adopted or an order issued tection Agency or regional air pollution auunderORS 468.869. thority to prevent,· control or reduce air, (4) In addition to any other penalty pro- water or noise pollution or solid or hazardvided by law, any person who violates the ous waste or to recycle or provide for the provisions of 

## ons 468B.130 shall incur a appropriate disposal ofused oil; or civil penalty not to exceed the amount of (B) The sole purpose of such use, $500 foreach day ofviolation.

. erection, construction or installation is to (5) Paragraphs (c) and (e) of subsection prevent, control or reduce a substantial (1) ofthis section do not apply to violations quantity of air, water or noise pollution or of motor vehicle. emission standards which solid or hazardous waste or to recycle or are not violations of standards for control of provide for the appropriate disposal ofused noise emissions. oil. (6) Notwithstanding the 

### limits of ORS (b). Such prevention, control or reduction 468.130 (1) and in addition to any otherpen- required by this subsection shall be accom-**al~vided** by law, any person who inten- plished by: tio y or negligently causes or. 

### permits

. (A) The disposal or elimination of or re-**o~en** field bur.oing contrary to the provisions d th 

### or ORS 46aA.555 to 468A.620, 476.380 and design to eHminate industrial waste an e 478.960 shall be assessed by the department use oftreatment works for industrial waste
a civil penalty ofat least $20 but not more as definedinORS 468B.005; than $40 for each acre so burned. Any fines (B) The disposal or elimination of or recollectedby the departmentpursuant to this design to eHminate

# m contaminants or air subsection shall be deposited with the. State pollution or air contamination sources and Treasurer to the credit of the General Fund the use of air cleaning devices 'as defined in and shall be available for gener.al govern- ORS 468A.005; mental expense. [Formerly 449.993: 1975 c:.559 §l4; sub'" "limi"

.......

_ 1977 esu §5': 1979 e.353 §l; 1987 c:.S13 §l; 1989 c:.268 §4; "(C) The**s~t;ial rt:d~ction**  0t: e - -1989-a042§7;-1991-c:.-764-§6)-

----- .-.. ._ ..**_~.;ton ~L~_**  !edeslgn to eliminate .nolSe pol36-672

### E)NIRONMENTAL QUALITY GENERALLY 

# ."

•

• lution or noise emission sources"as defined by rule ofthe commission; (D) The use of a material recovery process which obtains useful material from material that would otherwise be solid waste as" defined in ORS 459.005, hazardous waste as defined 

### in ORS 466.005, orused oil 

### as defined 

### in ORS 468.850; or (E) The treatment, substantial reduction
or elimination of or redesign to treat, 

### substantially reduce or eliminate hazardous waste as definedin ORS 466.005. (2) "Pollution control facilitY' or "facility" does notinclude: (a) Air conditioners; (b) Seotic tanks or other facilities for human waste; (c) Property installed, constructed or used for moving sewage to the collecting facilities of a public or quasi-public sewerage syStem; (d) Any distinct portion of a pollution control facility that makes an insignificant contribution to the principal or sole purpose ofthe facilityincludingth.e following specific items: (A) Office buildings

## and furnishings; (E) Parking lots and road improvements; (C) Landscaping; 

### (D)External lighting; 

### eE) Company or related 

### signs; and (F) Automobiles; (e) Replacement or reconstruction 

### of all

or a part ofanyfacility for which a pollution control facility certificate has previously beenissued

### underORS 468.170, except: (A) Ifthe cost to**r~~e** or reconstruct the facility is greater the like-for-like replacement cost ofthe original facility due to a requirementimposed by the 

### department, the federal EnvironmentalProtectionAgency
or a regional air pollution authority, then the facility may be eligible- for 

### tax credit certification up to an amount equal to the" difference between the cost ofthe new facility and the like-far-like replacement cost of the original facility; or (B) If a facility is replaced or reconstructed before the end ofits useful life then the facility may be eligible for the remainder ofthe tax credit certified to the original fa-

. cility; (f) Asbestos abatement; or (g) Property installed, constructed or used for clean up of emergency spills or unauthorized releases, as defined by the commission. (Fozmerly 449.605; 1975 c.496 91; l.971 c.195 468.165

§l; 1979 c.802 §1; 1983 c.637 H; 1987 c.596 §4; 1989 c.S02 §4] 468.i60Policy. In the" interest of the public peace, health and safety, it is the polICY of the State of Oregon to assist in tile prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in 

### this state by providing 

### tax relief

### with respect to Oregon "facilities constructed"to accomplish such

prevention, control and reduction. [:Formerly 449.615; 1975 c.496 §2; 1977 c.795 §2; 1979 c:.B02 §21 468.165 

### Application for certification of pollution control 

### facilities; fees. (1) .AJ:J.y person may apply to the commission for certification under ORS 468.170 of a pollution control facility or portion thereof erected, constructed or installed by the person in Oregon if: (a) The air or water pollution control 

### facility was erected, constructed or installed
on or after

### January 1, 1967. (b) The noise pollution control facility
was erected, constructed or installed on or afterJanuary 1, 1977. (c) The solid waste facility was under construction on or afterJanuary 1, 1973, the hazardous waste or used oil facility was under construction on or after October3, 1979, and if: (A) The facility's principal or sole purpose conforms to the requirements of ORS 468.155 (1); (E) The facility 

### will utilize material that would otherwise be solid waste as defined in ORS 459.005, hazardous waste 

### as defined in ORS 466.005 or used oil as defined in ORS 468.850 by mechanical process or chemical process or through the production, process109 including presegregatio.n, or use of, materials which have useful chemical or physical properties and which may be used for the same or other purposes, or matenals which may be used in the same kind ofauplication as its prior use without change 

### in Identity; (C) The end product ofthe utilization is 

## anitem ofreal economic value; "" 

### CD) The end product of the utilization, other

### than a usable source ofpower, is competitive 

### with an end product produced in 

### another 

### state; and (E) The Oregon law regulating' solid waste imcoses standards at 1east substantially equivalent to the federal law. (d) The hazardous waste control facility
was erected, constructed or installed on or afterJanuary 1; 1984, and 

### if: (A) The facilitY's principal or sole purpose conforms to the requirements of ORS 468.155 (I); and "

36-673

### 468.170 PUBLIC HEALTH AND SAFETY

-i-

_ _ _ 

### (B) The facility is designed to treat, sub- 468.170 Action on application; restanrially reduce or eliminate hazardous jection;**a'ppeal~** 

### issuance of certificate; waste as definedin 

### ORS 466.005. certification. (1) 

### The commission shall act

., hall b d' on an application for certification before the

.\2) 

## 'Fhe application ,s e ma e in 

### 120th day after the filing of the application wnting In a form

### pre~cn?ed -by

### ~e depart- under ORS 468.165. The action of the comment and shall

### conta~.**informatio~** o.n the

- mission shall include certification of the acactual

### cos~ of

### ~e facility, a des,cnption of tualcostofthe facilityandthe portionofthe

### th~ matenals incorporated therein, all ma- actual cost properly allocable to the pre- chinery and eqUlpment made a l;lart thereof, vention. control orreduction ofair, 

### wateror the e.-asting orlroposed operational proce- noise pollution or solid or hazardous waste dure thereof, an a statement oft,he.

### purpo~e or to recycling orjlroperly disposing ofused of

### preventio~, controf or

### red~ction of arr, oil as setforthinORS 468.190 (2).The actual water or noise 

### pollut:i0n or solid or.hazaI:d- cost or-portion of the actual cost certified
ous waste or**~cycling** 

### or appropnate dis- shall not exceed the taxpayer's own cash in

### posal o.f.used oil served or to be served by vestment in the facility or portion ofthe fathe facility and the portionofthe.actual cost cility. Each certificate shall bear a separate properly**~ocabl~** 

### to the preven?-on, cont:0l serial numberfor each such facility. or reduction of alr, 

### water or noise pollution

- .... or solid or hazardous waste or to recycling (2) If

### the commission 

### rejects an applicaor appropriately disposing ofused oil as set tion for certification, or certifies a lesser acforth in 

### ORS 468.190 (2).

- tual cost of the facility or a lesser portion (3) The director may require any further of the actual cost properly**.alloc~ol.e** 

### to the 'nformation the director considers necessary**preve~tion, con~ol**  

### or reduc.tion or air, 

### water b 1 

### rtificate 

### Ia i 

### d. or norse pollution or solid or hazardous

efore a ce cate IS ISsue waste or to recycling or properly disposing (4) The application shall be accompanied ofused oil than 

### was 1:2 

### claimed in the applicaby a fee estab1ished under subsection**~5)** 

### of tion for certification, the commission shall this section. The fee may be refunded if

### the cause written notice of its action, and a applicationfor certification is rejected. - concise statementofthe findings 

### andreasons (5) By role· 

### and after hearing the com- thefefor, to be**se~t** 

### by**re~stered** 

### or certified mission may adopt a"schedule ofreasonable mail to the.**app~cant bet~re**  

### .the 120th day fees which the department may require of afterthe filing orthe application. applicants for certificates issued under ORS (3) If

### the application is rejected for any 468.170. Before the adoption or**revisi~n** 

### of reason. includmg the information**furni~1;led** 

### any such fees the comnnssicn shall estimate by the applicant as to 

### the cost ofthe facility, the total cost ofthe program to the depart- or if 

### the applicant is dissatisfied with 

### the**~ent.** 

### The fees**s~all** 

### -be based ?n the**an~c-** 

### certification of actual cost or portion of .the ipated cost of filing, Investigating, granting actual cost properly'allocable to prevention, and rejecting the applications and

_ shall b.e control or reduction of air, 

### water or noisedesigned not to exct:ed. the total cost esti- pollution or solid or ha;zard<;,us waste or**~o** 

### mated by the 

### ccmrmssion. A1J.y excess fees recycling or properly disposmg of used oil, shallbe held by the department and shall be - the applicant may appeal from the reJection usedby -thecommissionto reduce anyfuture as provided in ORS' 468.110. The rejection or fee increases. The fee mayvary accordinli..to the certification is final and conclusive on the size and complexity of the facility. The all parties unless the applicant takes 

### an ap- fees shall not be considered by the commis- peal therefrom as provided in ORS 468.110 sion, as part ofthe cost ofthe facility to be before the 30th day after.

### notice was 

### mailed certified.: by the commission.. (6) The application shall be submitted (4)(a) The commission shall certify-a polwithin two years 

### of substantial completion lution control solid waste, hazardous waste ofconstruction ofthe facility. Failure to 

### tile or used oil facility or portion thereof, for
a timely application shall make the facility which an application has been made under

. ineligible for tax 

### credit certification.. .An 

### ap- ORS 468.16., if

### thecommissionfinds that

### the pli?tion shall not be**consideredfil~d** 

### unt:il facility:
, It 1S

### <:o~plete and ready

### for·proc~ssmg. ';['he (A) 

### Was erected, constructed orinstalled commission 

### may grant 

### an extension of time. d ·th th . ements of ORS to file an application for circumstances be- 1n 

### accor ance W1 

### e reqwr yond the control ofthe applicant that would 468.165 (1); _ _

. make a timely filing unreasonable. If

### a facil- (B) Is 

### designedfor, and is 

### be1l?'S' operated ity is 

### completed before January 1, 1984, the or will 

### operate in accordance Wlth the reapplication shall be submitted within 

### two quirements of.GRS 468.155 (1) and (2); and years after January I, 

### 1984. (Formerly 449.625: (e) Is 

### necesslllY"U'to satisfvthe intents and 1974 5.3. c.37 §2; 1975 c:.496 §3; 1977 e,795 §3; 1979 c:.802 -J";' 040 AC:A.205 §3; 1981 c:.359

### §l;1983 c:.637 §2; 1989c:.802

### §51 purposes of ORS 454.010 to 454.**,~**

.--36-074-

_

---------.**------~--** 

# o

o

o

### - ENVIRONM:ENTAL QUALITY GENERALLY

I 

## ..

# •

•

• to 454.255, 454.405, 454.425, 454.505 to 454.535,454.605 to

### 454.745, ORSchanters 459, 459A, 466 and 467 and ORS chaeters 468, 468Aand 468B and rules thereunder. (b) No determination ofthe proportion of the actual cost ofthe facility to be certified shallbe madeuntil receiptofthe application. - (c) If

### one or more facilities constitute an operational unit, the commissionmay certify such facilities under one certificate. A certificate under this section is effective for

-purposes of tax relief in 

### accordance with

DRS 307.405, 316.097 and 317.116 if

### erection,

- construction or installation of the facility
was completedbefore December 31, 1995. (5) Aperson receiving

# acertificate under this section may take tax 

### relief only under ORS**316.097~** 

### or 317.116, depending upon the tax 

### status ot the person's trade or business except if 

### the taxpayer is a corporation organized under ORS chapter 62 or 65, or any predecessor to ORS chapter 62 relating to incorporation ofcooperative associations, or is 

### a subsequent transferee of such a corporation, the 

### tax:reliefmay be taken only underORS 307.405. (6) If

### the person receiving the certificate is a partnership,

.each partner shall be entitled to

- take tax 

### credit reliefas provided in 

### ORS 316.097,basedon thatpartner's pro rata share ofthe certified cost ofthe facility. (7) 

### Certification under this 

### section of a pollution control facility qualifying under ORS 468.165 (1) shallbe granted for a period of 10 consecutive years which 10-yearperiod shall begin with the tax 

### year ofthe person in which the facility is 

### certified under this 

### section, except that if ad valorem tax: 

### relief is utilized by a corporation organized under ORS chapter 62 or 65 the facility shall be exemptfrom ad valorem taxationfor aperiod of 20 consecutive years. (8) Portions of a facility qualifyingunder ORS 468.165 (l)(c) maybe certifiedseparately under this section if 

### ownership of the portiops is 

### -in more than one person. Certification of such portions of

- a facility shall include certification ofthe actual costofthe portion ofthefacility 

### to the personreceiving the certification. The actual cost certifiedfor all portions of a facility separately certified under this subsection shall not exceed the total cost of the facility that would have been certified under one certificate. The pro- visions of ORS 316.097 (8) or 317.116 (8), whichever is 

### applicable, shall apply to 

### any sale, exchange or other disposition of a certifiedportionof a facility. (Formerly449.635;1974
s.s.c.37§3; 1975e.496§4; 1977 e.79594; 1979c.531§6; 1979 c:.802 94; 1981 e.408§3; 1983 e.637,§3; 1987 c.596 §5; 1989 c:.802 §6; 1991 c:.877 §37] 468.l7S [1973 e.S31·§2; 1975 e.496 §5; 1977 e.795 §5; 1979 e.802 §5;repe.a.led by 1989 e.802 §81 

### 468.185

468.180 Conditions for issuance ofcertiJicate under ORS 468.170. (1) 

### No certificationShall be issued by the commission

- pursuant to ORS 468.170 unless the facility, facilities or part thereof was erected, constructed or installed in 

### accordance with the applicable provisions of ORS 454.010 to 454.040, 454.205 to 

### 454.255, 454.405, 454.425, 454.505 to 454.535, 454.605 to 

### 454.745, ORS chapters459, 459A, 465, 466 and467 andORS chapters 468, 468A and 468B and the appli- cable rules or standards adopted pursuant thereto.

. (2) Nothing in this 

### section is intended toapplyto erection, constructionor installation of pollution control facilities begun before October 5, 1973. (1973 e.S31 §3; 1975 e.496 §6; 1977 e.i95 s6; 19;9 c.802§6; 1989 e.802 §7J 

### 468.185 Procedure to revoke certification; reinstatement. (1) Pursuant to the procedures for a contested case under ORS 183.310to 

### 183.550,the commissionmay order the revocation ofthe certification issued under ORS 468.170 of any pollution control or solid waste, hazardous wastes or used oil facility, if

### it finds that:

- (a) The certification was obtained by fraud ormisrepresentation; or (b) The holderofthe certificatehas failed substantially to operate the facility for the J 

### purpose of, and to the extent necessary for, preventing, controlling or reducing air, 

### water _, or noise pollution or solid waste, hazardous wastes or used oil as specified in 

### such certificate.

. (2) As 

### soon as the order of revocation under tms section has become final, the commission shall notify the Department of Revenue and the county assessor of the county in 

### which the facility is 

### located of such order. (3) If

### the certification of a pollution control or solid waste, hazardous wastes or used oil facility is 

### ordered revoked pursuant to paragraph (a) of subsection (1) of this 

### section, all prior tax relief provided to the holder of such certificate by virtue of such certificate shall be forfeited and the Department of Revenue or the proper county officers shall proceed to 

### collect those taxes not paid by the certificate holder as a result of the tax 

### relief provided to the holder under any provision of ORS 307.405, 316.097 and 317.116. (4) Except as provided in 

### sUbsection (5) of this section, if 

### the certification of a pol- lution control or solid waste, hazardous wastes or used oil facility is 

### orderedrevoked pursuant to paragraph (b)'of subsection (1) 

### ofthis section, the certificate holder shallbe denied any furtherreliefprovidedunderORS 307.405, 316.097 or 317.116 in 

### connectionwith .",

36-675468.190 PUBLIC HEALTH Al.'ID SAFETY

such facility, as the case may be, from and after the date that the order of revocation becomes final (5) The commission may reinstate a tax credit certification revoked under paragraph (b) of subsection (1) of this section if the commission 

### finds the facility has been brought into compliance. If the commission

,reinstates certification underthis subsection,

the commission shall notify the Department of Revenue or the county assessor of the county in which the facility is located that the tax credit certification is reinstated for the remaining period ofthe tax credit, less the periodofrevocation

### as determinedby the commission. [Formerly 449.645; 1975 e.496 §7; J.S77

e.795 §7; 1979c.B02 §7; 1987c.596**~6]** (1981e.710 §2;repealed.by 1984 SoS.e.i §18] 468.190Allocation ofcosts to pollution control. (1) In establishing the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution' or solid or hazardous waste or to . recycling or properly disposing ofused oil for facilities qualifying for certification under ORS 468.170, the commission shall consider the following factors: (a) Ifapplicable, the extent to which the facility is used to recover and convert

### waste products into a salable or usable commodity. (b) The estimated annual percent return
on the investmentin the facility. (c) Ifapplicable, the alternative methods, equipment and costs for achieving the same pollution control objective. (d) Any related savings or increase in costs which occur or may occur as a result ofthe installation ofthe facility. (e) Any other factors which are relevant in establishingthe portion ofthe actual cost of the facility properly allocable to the prevention, control orreduction of air, wateror noise pollution or solid or hazardous waste
or to recycling or properly disposing ofused oil. (2) The portion of actual costs properly allocable shallbe from zero 

### to 100 percentin increments of one percent. If zero percent the commission shall issue an order denying certification. (3) The commission may adopt rules establishing methods to be used to determine the portion ofcosts properly allocable to the prevention, control or reductionofair, water
or noise pollution or solid or hazardous waste or to recycling or properly disposing ofused oil. [Formerly 449.655; 1974s..s. e.37 §4; J.S77
c.795 §8; 1983c.637 §41 STATEPOLLUTION CONTROL BONDS 468.195 Issuance ofbonds authorized; principal amouni.-In orderto provide funds for the purposes specified in Article XI-H of the Oregon Constitutionbonds maybeissued in accordance with the provisions of ORS 286.031 

### to 286.061. The principal amount of the bonds outstanding at anyone time, issued under**auth~ffi** of this section, shall not exceed $260

..on par value. [Formerly 449.672; 1981 c...312 §1;1981e.660§42] 46S.2OO (Formerly 449.675; repealed by 1981 c.660 §18]468.205 (Formerly 449.677; repealed by 1981 e.660 §18]468.2l0 (Formerly 449.680; 1975 e.462 §14; repealed' by 1981 e.660§18] 468.215 Pollution Control Fund. The money realized from the sale of each issue
, ofbonds shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, 

### to.be designated the Pollution ControlFund; whichfundis hereby appropriated for**th~** purpose ofcarrying out the_provisions of ORS 468.195 to 468.260. It shall not be used for any other purpose, 

### except that this money, with the approval of the State Treasurer, may be invested as provided by ORS 293.701 to 293.776, 293.810 and 293.820, and the earnings from such investments inure,

### to the Pollution Control Sinking Fund. (Formerly449.682]

, 468.220 Department to 'administer fund; uses; legislative approval ofgrants; administrative assessment. (1) The department shall be the agency for the State of Oregon for the administration of the Pollution Control Fund:. The department 'is hereby 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 or sewerage 'systems 

### as defined in ORS 468B.005. (b) To acquire, bypurchase, or otherwise, general obligationbonds or otherobligations of any municipal corporation, city, county,
or agency ofthe State of Oregon, or combinations thereof: issued or made for the purpose ofparagraph(a) ofthis subsectionin an amountnotto exceed 100 percentofthe 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

# ofthe total project costs for eligible projects. '
, (d) To grant funds not to exceed 30 percent of the total project costs for facilities 

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•

• 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**th~reof,** .for J'tanning of eligible projects as denned In ORS 454.505, sewerage 'systems as defined by ORS 468B.00S or facilities for the disposal ofsolid waste, including withoutbeinglimitedto, transfer andresource recovery facilities. Grants made under this paragraph shall be considered a part of any grant**au~** thorized by paragraph (a)'or (d) of this sub

... section ifthe 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 pure' pose ofparagraph (d) ofthis subsection.in an amountnotto exceed 100 percentofthe total project costs. (g) To advance funds by contract, loan,or otherwise, to anymunicipalcorporation, city, county or agency of the State of Oregon, or combination thereof, for the purpose ofparagraphs (a) and (d) of this subsection in an amountnotto exceed 100 percentofthe 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 environmentallyhazardous wastes. (i) To dispose ofenvironmentally 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 ofsolidwaste, including but not limited to, transfer and resource recoveryfacilities. (k) To acquire for the state real property and facilities for the disposal by incineration
or otherwise ofhazardous waste or PCB. (L) To provide funding for the AssessmentDeferralLoan ProgramRevolving Fund establishedin ORS 454.436. (m) To provide funding for the Orphan Site Account established in ORS 466.590 but only to the extent that the department reasonably estimates that debt service from bonds issued to finance such facilities or activities shallbe fully paidfrom fees collected pursuant to ORS 453.402 (2)(c). under ORS .459.236 andunder OBS 465.101 to 465.131 for the purpose of providing funds for the Orphan Site Account and otheravailable funds, 468.220

but not from repayments of financial assistance under GRS 465.265 to 465.310 or from moneys-secovered from responsible parties. (n) To advance funds br contract, loan or otherwise, to anymunicipa corporation, city, county or agency ofthis state, or combination thereof, forfacilities or activities related to removal or remedial action of hazardous substances. (0) To provide funding for the Underground Storage Tank Compliance and Corrective Action Fund established in ORS 466.791 butonly to the extentthe department estimates thatdebt service frombonds issued to finance 'grants, loan guarantees and lowinterest loans shall be fully paid from assessments collectedunder ORS 319.025. (2) The facilities'referred to in tiaragraphs (a) to (e) ofsubsection (1) ofthis section shall be only such as conservatively appear to the department to be not less than 70 percentself-supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, assessments and other fees. , (3) The facilities referred' to in paragraphs (d),

### CO and (g) ofsubsection(1) orthis section shall be only such as conservatively appear to the department to be notless than 70 percentself-supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, assessments and other fees. (4) The real property and facilities referred to in paragraphs (j) and (k) of subsection (1) ofthis section shall be only such
as conservatively appear to the department to be not less than70 percent self-supporting and self-liquidating from revenues. gifts, grants from the Federal Government, user charges, assessments and otherfees. (5) The department may sell or pledge any bonds, notes or other**obli~tions** acquired under paragraph (b) of suaaection (1) of

### this section. (6) Before making a loan or grant to or acauiring general obligation bonds or other obl1gations of a municinal 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 solidwastemanagementplanthat hasbeen approved by the department. The plan must include a waste reduction program. (7) AJ:J.y grant authorized by this section shall be made only with the prior review of the Joint Committee on Ways and Means during the legislative seasions or the Emergency Board during the interim period between sessions.

36-677468.225 PUBLIC HEALTH AND SAFETY

(8) The department may assess those entities to whom grants and loans are made under this section to recover expenses incurred in administeringthis section. (Formerly 449.685; 1977 c.25 §8; 1977 e.704 §9; 1979 e.773 §9; 1981 c:.312 §2; 1985 e.670 §42; 1987 e.695 §10; 1989 c:.B33 §1l4; 1991 e.863 §371 Note: Section 170, chapter 833, Oregon Laws 1989, provides: See, 170. It the Supreme Court declares that sections 139 to 148 of this Ad: impose a tax or excise levied on, with respect to or measured by the ex- tractions, production, storage, use, sale, distribution or receipt of oil or natural gas or levied on the ownership of oil or natural gas, that is subject to the provisions ofsection 2.ArticleVIII or section 3a, .Article IXofthe Oregon Constitution, ORS 468.220, as amended by section 114 ofthis Act, is further amended to read: 468.220. (l) The department shall be the agency for the State of Oregon for the adminiStration.of the Pollution Control Fund. The deparanent is hereby authorized to use the Pollution Control Fund, for one or more ofthe foliowing purposes: (a) To grant funds not to exceed 30 percent oftotal project costs for eligible projects as defined in ORS 454.505 or sewerage systems as de.linedin ORS 46SB.005. (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 oqIigations of any city that are authori:ed by its charter in an amount not to 100 percent ofthe total project costs for eligible projects. (d) To grant fimds not to exceed 30 percent ofthe total project ctlsts for facilities for the disposal ofsolid waste, inclucWig without being limited to, transfer and
resource recove1'Y facilities. (e) To.make loanS or grant:! to any municipal cor- porat:1on,.atyl county, or agency ofthe StateofOregon,
or .combmat1Ons thereof, for planning of eligible PrllJec:s as defined in ORS 454.505, sewerage systems as denned by ORS 468B.00S or facilities for the disposal of s0!id waste, including without being limited to, transter and resource recovery facilities. Grants made under this,**p~graph** shall be considered a part of any grant authorized by paragraph (a) or (d) of this subsection ifthe project us approved.



## .en.To acquire, by**p~** or otherwise, general**obliga~n bo~**  or other obligations of any municipal corporat:1on. aty, county, or agency of the State of Oregon, or combinations thereof, isaued or made for the purpose of paragraph (d) of this subsection in an amount not to exceed 100 percent of the total project costs.**~)** 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 J'urpoae of paragraphs (a) and (d) of this subsectum lD an amount not to exceed 100 percent of the total projec: ctlsts. (h) To pay compensationrequiredby law to be/paid**~r** the state for the acquisition ofreal property for the**~posa1** by storage of environmentally hazardous wasteS. (i) To dispose ofenvironmentally hazardous wastes by the Department ofEnvironmental Quality whenever the.ciel?artmeDC fUl.Cis that an emergency

### emu requiring SUc:l1 disposal. (j) To acquire for the state real property and facilities for the disposal by landflll, storage or otherwise of solid waste, including but notlimited to, transfer and
resource recovery-facilities. (k) To acquire Cor the state real property and facilities for the disposal by incineration or otherwise of hazardous waste or PCB. (L) To provide funding for theAssessmentDeferral Loan Program Revolving Fund established in ORS 454.436- (m) To provide funding for the Orphan Site Account establishedin ORS 466.590 but only to the extent that the department rea,sonably estimates that debt ser- vice from bonds issued. to finance such facilities ·or ae-. tivities shall be fully paid from fees collected pursuant to ORS 453.402 (2Xcl, UnderORS 459.236, undersections 162 to 168, chapter 833, Oregon Laws 1989, fOr the purpose of providing funds for the Orphan Site Account and other available funds, but not from repayments of financial assi:stanee under ORS 465.265 to 465.310 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, ·orcombination thereof, for facilities or activities related to removal or remedial acticn of haurdous substances. (2) The facilities refernd to in paragraphs (a) to (c) of subsection (1) of this section shall be only such as conservatively appear to the department to be not less than 70 percentself-supporting and self-liquidating from revenues, giib, grants from the Federal Government,

user charges. assessment:! and other fees. (3) The facilit;ies referred to in paragraphs (d),

## en and (g) of subsection (l) of this section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and selfliquidating from revenues, gifl:s. grants from the Federal Government, user charges, assessment:! and, otherfees. (4) The reallroperty and facilities referred to in paragraphs (j) an (k) of subsection (1) of this section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidatingfrom revenues, giit.s, grants !rom the Federal Government, user charges, a:lSessJnents and other fees. (5) The department may sell or pledge any bonds, notes orotherobligations acquired under paragraph (bl ofsubsection (1) ofthis section. (6) Before making a loan or grant to or acquiring general obligation bonds or other obligations of a mu- nicipal corporation, city, county or agency for facilities for the disposal of solid waste or planning for such facilitie:J, 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 mustinclude a waste reduction program. (7) Any grant authari:ed by this section shall be made only with the prior approval of the Joint Committee on Ways and Means during the lqislative ses-

. sions or the Emergency Board dU%ingthe interimperiod

between sessions. (8) The department may assess those entities to whom grants and loans are made under this section to recgver u:penses inc:urredin admjnjstering this section. 468.225 Investment yield on undistributed bond funds and revenues, All undistributedbondfunds and revenues received as payment upon agency bonds or other obligations, if .invested, shall be invested to**fl~~uce** an adjusted yield not exceeding the

. ·tations imtlosed·by section 103, subsection (d) of the Internal Revenue Code of 

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C)

36-678ENVIRONl\'IENTAL QUALITY GENERALLY 

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•

• 1954, and amendments thereto in effect on March I, 1971. (Fonnerly 449.687] 468.230

. Pollution Control Sinking Fund; use; limitation. (1) The commission shall maintain, with the State Treasurer, a Pollution Control SinkingFund, separate and distinct from the General Fund. The Pollution Control SinkingFund shallprovide for the payment of the principal and interest 1.!12onbonds issued under authority ofArticle XI-H ofthe Constitution ofOregon and ORS 468.195 to 468.260 and administrative 

### expenses incurredinissuingthebonds. Moneys ofthe sinking fund are hereby appropriated for such. purpose. 

### With**th~** approval of the 

### commission, the moneys in the Pollution Control Sinking Fund may be invested as provided by ORS 293.701 to 293.776, 293.810 and 293.820, and earnings from such investment shall be credited to the Pollution Control SinkingFund. (2) The Pollution Control Sinking Fund shall consist of all moneys received from ad valorem taxes levied pursuant to ORS 

### 291.344 and assessments collected under ORS 468.220 (8), moneys transferred from the Orphan Site Accountunder ORS 466.590 (6), all moneys that the Legislative Assembly may provide in.lieu ofsuch: taxes, all earnings on the Pollution Control' Fund, Pollution Control Sinking Fund, and all other revenues derived from contracts, bonds, notes or other obligations, acquired, by the commission by purchase, loan or otherwise, as provided by Article XI-H of the Constitution of Oregon and by ORS 468.195 to 468.260.

. (3) The Pollution Control Sinking Fund shall not be used for any purpose other than that for which the fund was created. Should
a balance remain therein after the purposes for which the fund was created have been fulfilled or after a reserve sufficient to meet all existing obligations and liabilities of the fund has been set aside, the surplus remainmg maybe transferred to the Pollution Control Fund atthe direction ofthe commission. (Formerly 449.690; 1981 e.312 §3; 1989 c:.833 §11S; 1991 c.220 §13] •

. 468.235 (Formerly 449.692; repealed by 1991 e.220**§~** . 468.240 Remedy where default occurs on payment to seaee, Ifany municipal corporation, city or countydefaults on payments due to the state under ORS 468.195 to**468.260~** the state may withhold any amounts otherwise due to the, corporation, city or countyto apply to the mdebtedness. (Formerly 449.6941 468.245 Acceptance of federal funds. The**co~sion.** may accept assistance, grants and gifts, In the form ofmoney, land,
s:r:nces or any other thing ofvalue from the United States or any ofits agencies, or from 468.250

other persons subject to the terms and conditions

..thereof, regardless.ofany laws ofthis state in conflict with regulations ofthe Federal Govenunent or restrictions and'conditions of such other persons with respect thereto, for any ofthepurposes contemplated by Article XI-H of the Constitution of Oregon and by ORS 468.195 to 468.260. Unless enjoined by the terms and conditions·of any such gifI: or 

### grant, the commission may convert the same or any ofthem into monev through sale or other disposal thereof. [Formerly 449.695] 468.250Participation

### inmatchingfunci programs with Federal Government. (If The commission mayparticipate on behalfof the State of Orego-n in any grant program funded in part by an agency of the Federal Government if the implementation of the program requires matching funds.orthe state
or its participation in administering the program. However, any grant advanced by' the commissionto anotherwise eligible applicant shall not exceed 30 percent of the total eligible costs of the project applied for, and further providedthatthe project shall not be**l~ss** .**th~** 70 percent self-supporting and selfliqwdating from those sources prescribed by Article XI-H ofthe Constitution of Oregon. (2) Subject to conditions Imposed -vn federally granted 'funds, a municipal cort.oration, city, county or agency ofthe State of Oregon, or combination thereof, who is eligible for federal funds for a project during its construction or becomes eligible for reimbursement for funds e

..cpended, if the project has been..constructed and placed into operation, shall apply for and pay to the commission such funds so received, or otherwise made available to it, in such amounts
as determinedby the commission as JUSt and necessary, from an agency of the Federal Government. These funds shall first be used to reimburse the State of Oregon for the portion of any grant that was advanced to the municipal corporation, city, county or agency of the State of Oregon, or combination thereof, for construction of the project that exceeded the federal reouirements for state matching funds and any remainder thereof shall be used to apply upon the retirement of any principal and interest indebtedness due and owing to the State of Oregon arising out of funds loaned for the project prior to federal funds becoming available. (3)· .The refusal of a municipal corporation, city, county or agency ofthe State of Oregon, or combinations thereof, to apply for federal funds in such amounts as determined by the commission as just and necessary for which it would otherwise be eligible, shall be sufficient grounds to.terminate any fur- .:..**~.**

36-679468.253 

### PUBLIC HEALTH AJ."ID 

### SAFETY

ther participation in construction of a facility by the commission. (4) The municipal corporation, city, county or agency of the State ofOregon, or combinations thereof, shall consent to and requestthatfunds made available to it by an agency of the Federal Government shall be paid directly

### to the commission ifrequired to do so under subsection (2) of this section. (Formerly 449.6971

. 468.253 Authority of

### directorto 

### act to benefit fund. (1) Notwithstanding any other provision oflaw, ifthe director finds that it will benefit the financial condition of the Pollution Control Sinking Fund, with the approval of the State Treasurer the director may: (a) Sell bonds, notes, contracts or other obligations acquired by the commission by purchase, loan or otherwise' from the proceeds of bonds issued under ORS 468.195 to 468.260, and pay costs associated with the sale from the proceeds ofthe sale: (b) Pay to an obligor under such bonds, notes, contracts or other obligations such
sums from the proceeds ofa sale authorized by paragraph (a) ofthis subsection as the director. 

### determines, or hold or deposit such
sums In trust for the benefit ofsuch obligor underterms established by the-director. (2)**~y** proceeds. of a 

### sale authorized by' subsection .(1) ofthis section which remain after payments authorized by subsection (1) ofthis section shall be deposited in the Pollution Control Sinking 

### Fund. (3) An obligor under any bonds, notes, contracts or other obligations which are proposed**t~** be sold by .the**~ector** pursuant**~o** 

### subsection (1) ofthis section may waive Its**ng~t** to redeem,such obligations prior to maturity, or otherwise renegotiate the terms of such obligaticns, ifthe obligor determines that so altenng the terms ofits obligation

### tog~ther with payments to be received by

### th~ oblig?rund,er**p~graph** (b) ofsubsection (1) ofthis section, 

### will benefit the obligor (1989 c.731 §4) •**~.255** 

### Limiton grants andloans.

### Any funds advanced by the commission by grant shall not exceed 30 percent of the total**P!?j~ct** costs for eligibleJrojects or for facilities related to dispos of solid wastes and any obligation acquired by the commis: Sl?n by purchase, contract, loan, or otherWise, shall not exceed 100 percent of the**tot~** project costs for eligible projects or for facilities related to disposal of solid wastes Combinations offunds granted and loanedby whatever means shall not total more than 100 percent of the eligible project costs. (Formerly 449.699; 1981 <:.312 §4) 468.260

### Return ofunexpendedfunds to state required; use ofreturnedfunds. Any proceeds unexpended after a project is constructed and inspected, and after records relatingthereto are auditedbythe commission, shall be returned to the commission on behalfofthe State ?fOregonto.applyupon the retirement of principal and mterest indebtedness on obligations acquired by it froma municipal corporation, city, countyor agency ofthe State ofOregon, or any combinations thereof. [Formerly449.701)



### COUNTYPOLLUTION CONTROL FACILITIES 468.263 Definitions for ORS 468.263 

### to 468.272. As used in ORS 468.263 to 468.272, unless the cQnte:tt requires otherwise: (1) "Bonds" means.revenue bonds or other types ofobligations authorized by ORS 468.263 to 468.272. . (2) "Pollution control facilities" or "fa- ?lities'" means any land, building or other unprovement, appurtenance, fixture, item ·of machinery or equipment, and all other real and personal property, whether or not in existence orunderconstruction at the time the bonds 

### are issued, which are to be used in furtherance of the purpose. of abating, con-**tro~g** or pr!!venting,.3.ltering, disposing or stonng ofsolid waste, thermal, noise, atmospheric orwaterpollutants, contaminants; or' products therefrom. (3) "Governing body" means the county court orboard ofcountycommissioners. (1974 u. c.34 §2)**No~e: ~.263**  tQ 468.272 were**ena~** intQ law by the Legulative Assemblybutwere notaaded to ormade !l**p~** of

### qas chapter468 or any series therein by legi.slaeve action. See Preface to Oregon Revised Statutes for further e%planation. 468.264Policy. The Legislative Assembly finds: (1) Thatcontrolofenvironmentaldamage and general health and welfare ofthe citizens ofthe State of Oregon is promoted by encouraging the installation of antipollution devices, equipment 

### and facilities_ (2) 

### That the methods of financing provided in ORS 468.263 to 468.272 

### will encourage suchinstallation. (1974 SoS. c.34 §ll Note: SeenataUZ1Iia'468.263. 468.265 Powers of county over pol. lution control facilities. (1) 

### In addition to any other powers which it may now have, each county shallhave the following powers, together with all powers incidental thereto
or necessary for tb.e performance of the following: (a) To acquire, whether by purchase, exchange, devise, gift; or otherwise, establish, construct, improve, maintain, equip and fur

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### ENVIRONlVIENTAL QUALITY GENERALLY 

# •

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• nish one or more pollution control facilities
or any interest therein to be located, in whole or in part, within such municipality. (b) To enter into a lease, sublease, leasepurchase, installment sale, sale, or agreement for any facility upon such terms and conditions as the governing body may deem advisable, provided the same shall at least fully coverall debt servicerequirements with respect to the facility and sliall not conflict with the provisions of. ORS 468.263 to 468.272. (c) To sell, exchange, donate and convey 

### to others any or all facilities upon such terms as the governing body may deem 

### advisable, including the power to receive for any such sale the note or notes of the purchaser ofthe facilities or property whenever the governing body finds any such action to be in furtherance of the purposes of ORS 468.263 to 468.272.

. (d) To issue revenue'bonds for the purpose ofcarrying out any ofits powers under ORS 468.263 

### to 468.272. (e) Whenever the governing body finds such loans 

### to be 

### in the furtherance of the purposes ofORS 468.263 to 468.272 and subject always 

### to the limitations contained in ORS 468.266, to**~e** secured or unsecured Ioans for the purpose of financing or refinancing the acquisition, construction, im-
, provement or equipping of a facility and to charge and collectintereston suchloans and pledge the proceeds thereof as security for the payment ofthe principal and interest of any bonds issued hereund'er and any agreements made in connection therewith. (f) To mortgage and pledge any or all facilities or any part or parts thereof, whether then owned or thereafter acquired, and to

.pledge the revenues, 

### proceeds and receipts
or any portion thereoffrom a facility 

### as securityfor thepaymentoftheprincipalofand interest on any bonds so issued. (g) To refund outstanding obligations'

### incurred by an enterprise to finance the cost of a facility'when the governing body finds that such refinancing is in the public interest. (h) To pay compensation,for professional services and other services as the governing body shall deem necessary to carry out the purposes ofORS 468.263 

### to 468.272. (i) To acquire and hold obligations ofany kind to carry out. the purposes of ORS 468.263 to 468.272. (j) To invest and reinvest funds under its control as the governing body shall direct. (k) To enter into contracts and execute any agreements or instruments and to do any

.and all things necessary or appropriate to 468.260

carry

.out the purposes of ORS 468.263 to 468.272. {2}-The county shall not have the powerto .operate any facility as a business other than as lessor or seller, nor shall it permit any funds derived from the sale 'ofbonds to be used by any lessee or purchaser of a facility as working capital: (1974 s.s, c:.34 §3] Note: See note under 468.263. 468.266 

### Issuance ofbonds. (1) All principal of·and interest on bonds issued pursuant 

### to ORS 468.263 

### to 468.272 shill be payable solely out of the revenues, proceeds and receipts from'the lease or sale of the property, loan repayments, or out ofthe proceeds of revenue bonds issued pursuant to ORS 468.263 to 468.272 as shall be specified in the proceedings ofthe governing bOodv by which the issuance ofbonds shall have been authorized. The principal and interest shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or**ta~~j** powers, and such lliIritation shall be pl . y stated upon the face ofeach bond. (2) The 'bonds: (a) Maybe executed and delivered at anytime and from time to time; .- (b) May be in such form, denomination.v. tenor. and maturity;**~,~** .. (c) May be in registered or bearer formr either as to principal or interest or both, and.,

.. may provide for conversion between regis--:'. tered ana coupon bonds of varying denominations; (d) May be" payable in such installments and at such time or times not exceeding 40 years from the date thereof; (e) May be payable at, such place or places within or without 

### this state; 

### (D May bear interest at such rate or rates payable at such time or times and at such place or places; (g) May be redeemable prior to maturity with orwithout premium; (h) Maybe executed by such officers and in such manner, (i) May contain such provisions not 

### inconsistentwith ORS 468.263 

### to 468.272;

as shall be soecifiedin the proceedings ofthe governing body by which issuance of the bonds shall have been authorized. (3) Bonds maybe sold atpublicor private sale in such manner and from time 

### to time
as may be determined by the governing body to be most advantageous. (4) Issuance bythe county ofone or more series of bonds for one or more purposes shall not preclude it from issuing other

36-681468.267 PUBLIC HEALTH AND SAFETY

bonds in connection with the same purpose or any other purpose, but the 'proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior Issue of bonds. (5) Any bonds ofthe county at any time outstanding may be refunded ifpermitted by the conditions of issuance, at any time and from time to time by the' issuance ofits refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficientto refund the principal of the bonds so to be refunded, togetherwith any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith. Any such refunding maybe effectedwhetherthe bonds to be refunded shall have then matured or shall thereaftermature, eitherby sale ofthe refunding bonds and the application of the proceeds thereof for the payment. of the bonds to be refunded thereby, or by the exchange ofthe refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same facilities or separate facilities, and regardless of whether or not the bonds proposed to be refunded shall be payable at the same date or different dates or shall be due serially or otherwise. (6) All bonds issued under ORS 468.263 to 468.272 and interest counona attached thereto shall be construed to - be negotiable instrwnents. (1974**S~** c:.34 H)
Note: See nata under 4S8.263. 468.267 Security for bonds. The princi- pal ofand interest on any bonds shallbe secured by a pledge of the revenues, proceeds and receipts or any portion thereof out of which the principal and.interest are made payable, and may be secured by a mortgage covering all or anypartofthe facilities from which the revenues, proceeds or receinta so**ed** may be derived, including any enements thereofand additions thereto, by a p edge or assignment of the lease to such facility or by such other sl!1:Urity as may be deemed 

### to be prescribed in the proceedings of the governing body and authorizing the issuance of bonds. The proceedings under which the bonds are authomed to be issued and any mortgage securing such bonds may contain any agreements and provisions respectingthe maintenance ofthe facilities and properties covered thereby, the fixing and collection of rents for any portions thereof leased by the municipality 

### to others, the fixing and collection of proceeds from the sale of any facilities and properties by the municipality to others, the creation and maintenance of special funds from such revenues'and the rights and remedies available in the event ofdefault, and such other provisions"net iiiconsistent with ORS 468.263 to 468.272, all as the governingbodyshall deem advisable and not in conflict with the provisions of ORS 468.263 to 468.272. Each pledge, lease, sublease, agreement and mortgage made for the benefit or security of any ofthe bonds shallcontinue effective until the principal ofandintereston the bonds for the benefit of which the same were made have beenfully paid. (1974**S~** c.34 §5) Note: See nate under 468.263. 468.268 Enforcement of bond obligation. (1) The proceedings authorizing any bonds and anymortgage securing such bonds mayprovide that, inthe eventof a defaultin the payment ofthe principal of or the interest on such bonds or in the performance 'of any agreementcontainedin suchproceedings
or mortgage, such payment and performance maybe enforcedby suit, mandamus or bythe appointment of a receiver with power to charge and collectrents and to apply the revenues from the facilities in accordance with such

.proceedings or the provisions of such mortgage by foreclosure of any mortgage or by anyone or more remedies specified in the proceedings. (2) Such proceedings or mortgage may also provide that any trustee under such

.mortgage or the holder of any ofthe bonds

secured thereby may become the purchaser at any foreclosure sale ifthe highest bidder therefor. (1974 s.s. c.34 §6)

.Note: See nota under 468.263. 468.269 

### Trustees; powers. The. proceedings authorizing the issuance of bonds may provide for the appointment of one or more trustees for the protection ofthe holders ofthe bonds, whether or not a mortgage is entered into as security for suchbonds. A
, bank with trust powers or a trust company within or without the State of Oregon may be appointed as trustee and shall be located 

### in the United States, and shall have the immunities, powers and duties provided in said proceedings, and. may, to the extent permitted by such proceedings, hold and invest fimds deposited with it 

### in direct obligations ofthe United States, obligations guaranteed bytheUnitedStates or certificates ofdeposit of a bank. including the 

### tIustee, which are continuously secured by such obligations Qf
or guaranteed by the United States. Any bank acting as such trustee may, to the ex

### tent permitted by such proceedings, buy bonds issuedunderORS 468.263 to 468.272 to the same extent as ifit were not such trustee. The proceedings authorizing the bonds may provide that some or all ofthe proceeds ofthe sale ofthe bonds, the revenues ofany 

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·0

36-682ENVIRONMENTAL QUALITY GENERALLY 

# •

•

• facilities, the proceeds ofthe sale ofanypart

. ofa facility, or of any insurance policy or of any condemnation award shall be deoosited with the trustee and applied as provided in the proceedings. [1974 5..s. c:.34§7) Note: See note under 468.263. 468.270

.Tax status ofleasehold htterest in facilities. Nothing in ORS 468.263 to 468.272 is intended to exempt from taxation
or assessment the leasehold interest of any lessee in any facility nor are ORa468.263 to 468.272 intended to affect any exemption or credit from taxation which might otherwise be available to any lessee under the laws of the State ofOregon. Suchleaseholdinterest is classified,for purposes oftaxation as havingthe same value as the feeinterestin that property. [1974 s.a, c:.34§8] Note: See note under 468.263. 468.271 Effect on procedure ofawarding contracts; construction. (1) The construction, reconstruction or improvement of any facilities shall be completed in the 

### manner determined by the governing body and shall be free from any requirement of competitive bidding or any other restriction imposed on the procedure for award of contracts with public bodies. (2) Nothing in ORS 468.263 'to 468.272 is intended as a restriction or limitation upon any other powers 

### .which a county might otherwise have under the laws ofthis state, but shall be construed as cumulative. (3) If any provision of ORS 468.263 to 468.272 or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions of ORS 468.263 to 468.272 which can be given effect without the invalid provision
or aoplication, and to this endthe provisions ofOlt"S 468.263 to 468.272 are declared to be severable. [1974 s.s. c:..34 §9] Note: See note under 468.263. 468.272 Application of other laws relating 

### to ,bonds. Any restrictions, limitations, conditions or. procedures provided by other statutes relating to the issuance and sale ofbonds or other obligations including, but not limited to, any restrictions, limitations, conditions or procedures set forth in ORS 288.320, do not apply to the issuance and sale ofbonds authorized by ORS 468.263

,to 468.272. [1974 s.s. c:.34 §10] Note: See note under 408.263. 468.2T.5 (Former:Iy 449.760; 1983 c.333 §1; renumbered 468A.OO5 in 1991] 468.280 (Formerly 449.765; rennmbem 468A.OI0 in 1991)468.285 (Formerly 449.770; renumbered 468A.OlS in 19911 468.272

468.200(Formerly 449.775; 1975 c.559 §3; 1983 c.333 §2; 1983 c,730 §3; 1991 e,752 §16; renumbered 468A.020 L"1 1991]46&;295 [Formerly 449.785; renumbered 468A.025 in 1991]468.300 [Formerly 449.825; renumbered 468A.030 in 1991]

. 468.305 (Formerly 449.782; renumbered 468A035 in 1991]46a.310 [Formerly 449.727; 1991 c.752 §17; renum- bered 468A.040 in 1991] 468.315 [Formerly 449.731; 1991 c:.752 §18; renum- bered 468A.045 in 1991] 468.320 [Formerly 449.707; renumbered 408A.050 in 1991]468.32S (Formerly 449.712; 1985'c:.275 §1;renuztlbered 468A.055 in 1991] 468.330 (Formerly 449.739; renumbered 468A.060 in 1991]46S.335 (Formerly 449.722; renumbered 468A.065 in 1991]
, 4S8.34O (Formerly 449.702; 1991 c:.57 §129; renum- bered 468A.070 in 1991) 46l3.345 [Formerly 449.810; renumbered. 468A.075 in 1991]468.350(1975 c:.552 §34;renumbered468A.080 1991] 468.155 [1981 c:.765 §2; renumbered 46aA.OS5 in 19911 468.357[1989 c:.l070 §9;renumbered 468A.775 in 1991) 468.358 [1989 c:.l070 §12; renumbered 468A.780 in 19911 468.359 [1989 c:.1070 §ll; renumbered 468A.785 in ' 1991]468.3GO [Formerly 449.949; 1975 c:.670 §4; 1983 c:.338 r, §932; renumbered 4S8A.350 in 1991]
, 468.365 [Formerly 449.951; renumbered 46SA.355 in., 1991) 468.370[Formerly 449.957; 1974 5.S. c:.i3 §l; renum- bered 408A360 in 1991]

. 468.375 [Formerly 449.953; 1974 SoS. c:.i3 §2; 1975 c:.535 §2; 19.77c.298.§3; 1983 c:.196§1; 1985 c:.16 §460; 1989 c:.171 §62; renumbered 468A36S in 1991) 46S3TT (1977 c:.298 §2; 1985 c.222 §3; renumbered 468A370 in 1991] 468.3SO (Formerly 449.963; renumbered 468A.375 i:1 1991] [Formerly 483.815; repealed by 1983 c:.338 §97S]
468.390 [1973 c:.835 §72; 1974 s-'- c.73 §4; 1983 c:.338 §933; renumbered408A.38O in 1991] 468.395 [Formerly 449.955; 1983 c.338 §934; renum- bered 468A385 in 1991) 468.397 [1985 c.222 §2; renumbered 468A.390 in 1991) 468.400 [Formerly449.959; 1983 c:.338 §935; 1991 c:.331 S68;.ret'umbered468A.395in 1991] 468.405 [Formerly 449.965; 1974 s.s. c:.i3 §5; 1975 c:.535 §3; 1977 c:.704 §1C; 1981 c:.294 §l; 1983 c:.338 §936;**ren~** 468A.400 in 1991] 468.4lO (Formerly 449.747; renumbered 468A.405 in 1.091] 468..ru5 [Formerly 449.751; renumbered 468A..410 in 1991]46&420 (Formerly 449.753; renumbered 468A.455 in 1991]

36-683

### 468.423 'PUBLIC HEALTH AJ.'ID SAFETY**FINAJ.~CING** 

### TREATMENT WORKS 468.423 Definitions for ORS 

### 468.423 to 468.440. As 

### usedin ORS 

### 468.423 to 468.440: (1) 

### "Commission" means the Environmental Quality Commission. ' (2) 

### "Department" means the Department of

### Environmental Quality.

. , (3) 

### "Director" means the Director ofthe Department ofEnvironmental Quality or the director's designee. (4) 

### "FunCl" means the Water Pollution Control Revolving Fund established under ORS 468.427. (5) 

### "Public agency" means any state' agency, incorporated city, county, sanitary authority, county service district, sanitary district, metropolitan service district or other special 

### district authorized or required to construct 

### water pollution control facilities.(6) 

### "Treatmentworks" means: (a) The devices and systems used in the storage, treatment, recyclingandreclamation of municipal sewage or industrial wastes of
a liquidnature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works. "Treatment works" includes: (A) 

### Intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and any appurtenance, extension, improvement, remodeling, addition
or alteration to the equipment; (B) 

### Elements essential to provide a reliable recycled water supply including standby treatmentunits and clearwell facilities; and (e) 

### Any other acquisitions that will 

### be
an integral part ofthe treatment process or used for ultimate disnosal 

### ofresidues resulting from such treatDient, including but not limited 

### to land used to store treated waste water in land treatment systems prior 

### to land application. (b) 

### AIJ.y other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, storm'waterrunoff, industrialwaste orwaste in combined storm water.and 

### sanitary sewer systems. (c) Any other facility that the commission determines a public agency must construct or replace in orderto abate orprevent surface or ground water pollution. (1987 c.648 ill Note: 468.423 to 408.440 were enacted into law by the Legislative**~embly** but were notadded to or made
a part of

### oas chapter 408 or any series therein by legulative aetiol1. See PreCace to Oregon Revised Statutes for further explanation. 

### 468.425 Policy. It is declared to be the policy ofthis state: (1) 

### To aid and encourage public agencies required to-provide treatment works for the control of water pollution in the transition from reliance on federal grants to local selfsufficiency by the use of fees paid by users ofthe treatmentworks; (2) 

### To accept and use any federal grant funds available to capitalize a perpetual revolvingloanfund; and (3)

### 'To assist public agencies in meeting treatment works' construction obligations 

### in order 

### to prevent or eliminate pollution of surface and ground water by making loans from a revolving loan fund at interest rates that 

### are less thanorequal

### to marketinterest rates. (1987 c.648 §2) Note: See note under 408.423. 

### 468.427 Water Pollution Control 

### Revolving 

### Fund; sources. (1) 

### The Water Pollution Control Revolving Fund is established separate and distinct from the General Fund in the State Treasury. The moneys in 

### the Water Pollution Control Revolving Fund are appropriated 

### continuously to the department to be used for thepurposes describedin ORS 468.429. (2) 

### The Water Pollution Control Revolv

### ingFund shall consist of: (a) 

### All capitalization grants provided by the Federal Government under the federal Water QualityAct of1986; (b) 

### All statematchingfunds appropriated
or authorized by the legislature; (c)Anyotherrevenues derivedfrom gifts, 

### grants or bequests pledged to the state for the purpose ofproviding financial assistance for waterpollution control projects;

. (d) 

### All repayments of moneys borrowed from the fund; (e) 

### All interest payments made by borrowers from the fund; and '(f) 

### Any other fee or charge levied in conjunction with admjnistration ofthefund. (3) 

### The State Treasurer may invest and reinvest moneys in the WaterPollution Con

### trol Revolving Fund in the manner provided by law. 

### All earnings from such 

### investment and reinvestment Shall 

### be credited to the Water Pollution Control Revolving Fund. (1987 c.648 §3) Note: See nata under468..423. 

### 468.429 Uses ofrevolving fund. 

### (1) The Department of Environmental Quality shall


### use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance: (a) To public agencies for the construction orreplacement oftreatmentworks. 

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36-684

### ENVIRONMENTAL QUALITY GENERALLY 

# •

•

• (b) For the implementation of a management program established under section 319 ofthe federal Water Quality Act of 1986 relating to the management of nonpoint
sources ofpollution. (c) For development and implementation of a conservation and management plan under section 320 of the federal Water Quality Act of 1986 relating to the national estuary program. (2) The department may also use the moneys in the Water Pollution Control Revolving Fund for the following purposes: (a) To buy or refinance the treatment works' debt obligations ofpublic agencies if such debtwas 

### Incurred after

### March7, 1985. (b) To guarantee, or purchase insurance for, public agency obligations for treatment works' construction or replacement if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public agency for this purpose. (c) Topaythe expenses ofthe department in administering the WaterPollution Control RevolvingFund. (1987 e.648 §4) Note: Seenote under468.423-
488.430(1983 e.218 §l; repealed. by 1985 e.222§6J 468.433 

### Duties of department. In administering the Water Pollution" Control Revolving Fund, the department shall: " (1) Allocate funds for loans in accordance with a priority list adopted by rule by the commission. (2) Use accounting, audit and fiscal procedures that conform to generally accepted

.government accounting standards. (3) Preoare any reports required by the Federal GOvernment as a condition to awarding federal capitalization grants. (1987 e.648 §51 Note: Seenote under468.423. 488.435(1983 e.21S §2;repealedby 1985 e.222§6J 468.437 Loan applications; eligibility; waiver; default remedy. (1) Any public agency desiring a loan from. the Water Pollution Control Revolving Fund shall submit
an application to the departmenton the form provided by the department. The department may reauire an opinion from the State of Oregon bond counsel that the applicant has the legal authority to borrow from theWater Pollution Control RevolvingFund: Ifa public agencyrelies on borrowing authoritygranted by charter or law other than ORS 468.439, then with 

### the consent ofthe department and notwithstanding any limitation or requirementofthe charteror law, the public agency may borrow directly from the Water Pollution Control Revolving Fund"without pub408.440

lishing a notice ofsale, providing an official statement or following any other procedures**!;iesi~ed** to provide notice or information to poteritiiil lenders. The requirements of ORS - 288.845 shall not apply to revenue bonds that
are sold to the department. (2) Any public agency receiving a loan from the Water Pollution Control Revolving Fund shall establish and maintain a dedicated source ofrevenue or other acceptable
source ofrevenue for the repayment of the loan.

- (3) If a public agency defaults on payments due to the Water Pollution Control Revolving Fund, the state may withhold any amounts otherwise due to the public agency and direct that suchfunds be applied to the payments and deposited into the fund. Ifthe department finds that the loan to the public agency is otherwise adequately secured, the department may waive this right in the loan**a~eement** or otherloan documentation. (1987 e.ti48 §6; 1989e.560 §3J " Note: Seenate under468.423. 468.439 Borrowing authority ofpublic agency. Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may: (1) Borrow money from the Water Pollution Control Revolving Fund through the department; (2) Enterinto loan agreements and make related agreements with the department in which the public agency agrees to repay the borrowed money in accordance with the terms of the loan agreement; (3) Covenant with the deoartment regarding the operation of treatment works and the imoosition and collection of rates, fees and charges for the treatment works; and(4) Pledge all or part of the revenues of the treatment works to pay the amount due under the loan .agreement and notes in accordance with ORS 288.594. (1989 e.S60§21 Note: Seenoteunder468.223- 468.440 Loan

### terms andinterestrates; considerations. (1)' The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that assure that the objectives of ORS 468.423 to 468.440 are met and that adeauate funds are maintained' in the Water Pollution Control RevolviiJ.gFund to meet future needs. In establishing the policy, the commission shall, take into consideration at least the followmg factors: (a) The capability of the project to enhance or protect water quality.

36-685468.659 

### PUBLIC HEALTH.'lliD SAFETY

(b) The ability ofa public agency to repay a loan. (c) Currentmarket rates ofinterest. (d) The size ofthe community or district to be servedby the treatment works. (e) The type ofproject financed. (£)The ability ofthe'applicant to borrow elsewhere. (2) The commission may establish an 

### interest rate ranging from zero to the market rate. The term ofa loan may be for any period not to exceed 20 years. (3) The commission shall adopt by rule-- any procedures or standards necessary to carry out the provisions of ORS 468.423 to 468.440. (1987 c.648 §7] Note: See nate under468.423. 408.450 (Formerly 449.840; repealed by 1991 c.920 §241 468.4.53 (1977 c.650 §3; 1979 c.l81 §1; renumbered 468A.S50in 19911 468.4.'55 (Formerly 449.930; 1975 c:.559 H; 1977 c.650 §4; 1979 c.lSl §2;repealed·by 1991 c.920 §24] 408.458(1975 c:.559 §2; repealed by 1991 c.920 §24] 408.460(Formerly 449.933; 1975 c.559 §5; 1977 c.650 §5; 1979c.l81 §3; 1991 c.920 §19; renumbered. 468A.595 in 1991)

. 408.465(Formerly449.935; 1975 c:.559 §6;repealedby 1991 c.920§24] 468.470 (Formerly 449.937; 1974 s.s. c.40 §1; 1975 c.559 §7; 1977 c.65O §6; 1979 c.lSl §4; repealed by 1991 c.920 §24) 468.472(1975 c.559 §9; repealed by 1991 c.920 §24] 408.474[1975 c.559 §lO; by 1991 c.920 §24] 468.41S(Formerly449.939; 1975 c.559 §11; 1977 c.650 §8; 1979 c.lSl §5;repealed by 1991 c.920 §24] 408.480[Formerly 449.941; 1975 c.559 §12; 1977 c.650 §10; 1979 c.lSl §6;repealed by 1991 c.920 §24] 468.48S (Formerly 449.943; 1974 s.s. c.36 §15; 1975 c.559 §13; repealed by 1977 c.650 

### nn 468.490(1977 c.650 §9; repealed by 1991 c.920 §24] 46&495.[1977 c.650 §7; repealed by 1991 c.92O §24] 468.500 (Formerly 449.850; reuum.beftd 468A.100 in 1991] 46&505 (Formerly 449.855: renumbered 468A.105 in 1991]

. 468nO (Formerly 449.857; mmmbered 468A.1lO in 1991] • 468.S15 (Formerly 449.870; remnnbered 468A.l15 in 1991] 468.520(Formerly449.865; 1991 c.S9O §1; renum.bend 468A.l2O in 1991]

. 468..S25(Formerly449.867; 1991 'c.S90§2; renum.bend 46&U25 in 1991] 468.S3O(Formerly449.885; 1983 c.233§1;renumbered 468A.130in 1991] 468..S15 (l973 c.S35 §99; 19S7c.660 §28; 1.987c.141 §20; renumbered 468A.135 in 1991]

- 46l!.S4O [Formerly 449.910; renumbered 468A.l4O in 19911.

_ 468.545 (Formerly 449.863; renumbered 468A.145 in 19911 468.550 (Formerly 449.890; renumbered 468A.150 in 1991]

. 468.555 (Formerly 449.883; 1991 e.752 §19; renum- bered468A;155 in"i!!ll

. 468.S6O (Formerly 449.900; renumbered 468A.l60 in 1991] . 468.56S (Formerly 449.905; renumbered 468A.l65 in 1991] 468.570 (Formerly 449.915; renumbered 468A.l10 in 1991]

. 468,0)-,s (Formerly 449.920; renumbered 468A.l75 in 1991] 468.580 [Formerly 449.923; renumbered 468A.180 in 1991] 468.600(1975 c.366 §1;rennmbel'ed468A.650 in 1991] 468.605 (1975'c.366§2; 1977 c.l8 §1; 1977 c.206 §1; 1983 c.l48 §1;renumbered.468A.655 in 1991] 408.6l0 (1977 e.206**~;** renumbered 468A.660 in 1991] 468.6l2 [1989 c.903 §2;renumbered 468A.625 in 19911 468.6l4 (1989 c...OO3 §3;renumbered 468A.630 in 1991] 468.615 (1977 c.206 §2;repealed by 1987 cA14 gl721 468.616(1989 c...OO3 §4;renumbered 468A.635 in 1991] 408.6l8 (1989 c...OO3 §5;renumbered 468A.640 in 1991] 468.620 (1977 c.206 §3;repealedby 1987 c.414 §172]
468.62l (1989 c.903 §6;renumbered468A.645 in 1991] 408.630 (1983 c.333**~:** renumbered 468A.460 in 1991] 468.S35 (1983 c.333 §8;renumbered 468A.465 in 1991] 46&640 (1983 c.333 §7;renumbered468A.470 in 1991] 408.&&5 [1983 c.333 §9;repealed by 1991 c.152 §28] 468.650 [1983 c.333 §10; 1991 c.152 §19a; renumbered 468A.475 in 1991]

. 468.655[1983c.333 §§5.6; 1991 c.752 §20;renumbered 468A.480in 1991]



### RESOURCE CONSERVATIONTRUST

. FUND (Generally) 468.659 Definitions for ORS 468.659 to 468.685. As used

### in ORS 468.659 to 468.685: (1) "Commission" means'the 'Environmental Quality Commission. (2) "Department" means the Department ofEnvironmental Quality. (3)

."Eligible project" means a habitat conservation project or resource recycling project found by either the Habitat Conservation Trust Fund Board or the Waste Reduction Trust Fund Board to comply with long-range plans adoptedbythe board. (4) "Person" 

### has the meaning given that term in OBS 459.005. (5) "Habitat conservation project'" includes a program that encourages the conservation of land or wildlife, wildlife interpretation orenvironmental education, (6) '"Resource recycling project'" means a program that provides an economic incentive to effective recycling and reduces contamination ofthe waters ofthis state caused by debris. (1.989c.917 §2) 

# o

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_ENVIRONlVIENTAL QUALITY GENERALLY 

# .. 

# •

•

• Note: 468.659 to 468.685 were added to and made a part of ORS chapter 468 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanadon. 468.660 Legislative findings. (1) The Lelrislative Assembly finds thatbyuse ofthe po:'ers and procedures described in ORS 468.659 to 468.685 for the financing of land

.acquisition and wildlife conservation, interpretation of wildlife, related resource conservation and resource recycling issues and environmental education, the state may promote Oregon's natural values, encourage tourism related 

### to wildlife and wild land appreciation, provide an economic incentive to effective recycling and reduce contammation ofthe waters of this state caused by plastic and otherdebris. (2) It is the purpose of ORS 468.659 to 468.685 to establish a Resource Conservation Trust Fund to be used to mitigate adverse environmental impacts resulting from resource extractions or improper disposal of solid waste. (1989 c.917 §1] Note: Seenote under 468.659. 468.661 Authority to acquire property in connection with projects. (1) In accordance with the provisions of ORS 468.659 to 468.685, the State Parks and Recreation Department, the State Department of Fish and Wildlife and the Division of State Lands, acting for and on behalf of the state as its duly authorized agency, may acquire, construct and hold, in whole or in part, any lands, buildings, easements, water**~d.** air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buildings, which are considered necessary in connection with"an eligible project, and construct,.reconstruct, improve, better and extend such projects, and enter into contracts therefor. (2) Use oftrustfund moneys pursuant 

### to subsection (1) of this section to purchase land and buildings shall be limited to acquisitions from persons willing 

### to sell. (1989 c.917 §20; 1991 c.67 §131] Note:

# see tlDte under 468.659. 468.602 Resource Conservation 

### Trust Fund; subaccounts; sources. (1) There is created within the State Treasury a trust fund known as the Resource· Conservation Trust Fund, separate and distinct from the GeneralFund. The principalofthe 

### trUstfund shall be perpetual and inviolate. The fund shall be divided into two subaccounts to be managed separately: (a) A habitat conservation subaccount; and(b) Awaste reduction subaccount. ·468.664

(2) The following moneys shall be credited

."to- the Resource· Conservation Trust Fund: (a) Such moneys as may be appropriated to the fund and senarate subaccountsby the Legislative Assembly. (b) Any grant made to the fund by any federal agency, which may be directed to 

### a subaccount. (c) Any other moneys acquired by gi.ftor donation to the fund or any subaccount thereof. (3) The State Treasurer may invest and reinvest the moneys in the fund as provided in ORS 293.701 to 293.776. Interest from the moneys depositedin the fund and earnings from investment or the moneys 10 the tuna shall be credited to the Resource Conservation Sinking Fund created under ORS 468.664. (1989 c.917 §3] Note: See tlDte under 468.659. 468.663 Fund to supplement traditional sources of funding environmental and natural resources activities. (1) The Resource Conservation Trust Fund shall not be used as a substitute for traditional
sources of funding environmental and natural resources activities, but the trust fund shall supplement the traditional sources, including those sources used to support the;.'
uses set forth in ORS 468.671 ana 468.680.-' The trust fund shall be used primarily to sUPF0rt activities whose benefits become available only over an e:rtended penod or time."_ " (2) The State Fish and Wildlife Department shalldetermine the amount ofthe state budget spentfrom traditional sources to fu:1d environmental and natural resources acnvities before and after the 

### trust fund is established and include a comparison of the amount in the reports. required under ORS 468.668. (1989c.917 §25] Note: See tlDte under 468.659. 468.664 Resource Conservation Sinking Fund;**purpos~s; ~ource~_**  (1) The commission shall mamtain, with the State Treasurer, a Resource Conservation Sinking Fund, separate and distinct from the General Fund. The sinking fund shall be divided**int~** two separate subaccounts to be I?anagea. separately,

.one" for habitat conservation purposes and one for waste reduction purpo.ses. Moneys in the Resource Conservation Sinking Fund are 'Continuously appropriated for the following purposes: . (a) To provide funding for projects approved by the Habitat Conservation Trust Fund Board or the Waste Reduction Trust Fund Board;

36-687468.665 PUBLIC HEALTH AND SAFETY



# ,

. (b) To provide state. matching funds for (Habitat Conservation) projects related to habitat conservation or 468.666 Habitat Conservation Trust
resource recycling that receive funds under Fund Board; membership; terms. There is
a federal program, including but not limited established the Habitat Conservation Trust to matching. funds for projects receiving Fund Board consisting of seven members. funds from the federal Land and Water. Con- The board shall elect one ofits members as servation Fund Act of 1965, as amended, 16 chairperson, with such duties and powers as U.S.C. 4601; and are providedby rules ofthe board, and shall (c) To provide funding for acquiring land be comprised as follows: in full fee or a less than 

### full fee interest in (1) The Governor shall appoint five memproperty. bers, to include: (2) With the approval ofthe commission. (a) One ;'t!presentative from the State the moneys in the Resource Conservation Fish and 'Wildlife Commission; SinkingFundmaybe investedas providedby (b) One representative from the State ORS 293.701 to 293.776. E3.1"I1iJJgs from such Parks and Recreation Advisory Council; investment shall be credited to the Resource Conservation SinkingFund. (c) One representative from the Oregon Tourism CounCil; (3) The Resource Conservation Sinking (d) One representative from the Natural Fund shall consist of: Heritage Advisory Council; arid (a) Interest andinvestmentearnings from (e) One representative from a nonprofit the Resource Conservation Trust Fund cre- conservation or environmental organization. ated under ORS 468.662; (b) All money's that the Lezislative 

### As- (2) The President ofthe Senate shall ap0.... point one member who has expertise in semblymay appropriate to the fund; habitat conservation. (c) All interest and investment earnings (3) The_Sp_eaker of the House of Repreon the Resource Conservation Sinking Fund; sentatives shall appointone memberwho has and expertise in resource education. (d) Any moneys received from the Fed- (4) The term of each member shall be eral Government. four years. Vacancies in office shall be filled (4) The Resource Conservation Sinking by the appointing authority. Fund shall'notbe usedfor any purpose other (5) The board shall use state agency emthan that for which 

### the- fund was created. ployees with relevant expertise to provide Separate subaccounts for habitat conserva- staffsupportnecessaryfor theboardto carry tion and waste reduction are managed for outits duties and responsibilities under ORS theirrespective purposes as set forth in sub- 468.659 to 468.685. (1989c.917 §51 section (1) of this section. If a balance re-**No~:** See nate w:zder468.659. mains in the sinking fund after the purposes for which the fund was created hive been 468.667 Advisory and technical comfulfilled or after a reserVe sufficient to meet mittees. To aid and advise the HabitatConall existing obligations and liabilities of the servation Trost Fund Board established in fund hasbeen set aside, the surplus remain- ORS 468.666 in the performance ofits funeingmaybe transferred to the**~rincipal** ofthe tions, the board may establish such advisory Resource Conservation

### TrustFund at the di- and technical committJaes as the board conrection ofthe commission. (l989 c.917 §41 siders necessary. These committJaes may be Note: Seenate W1Iier468.659. continuing or temporary.**~e** boards**s~** determine the representation.**membe~hip,** 468.665 Detennination of amount of 

### terms and organization of the**COmmltte~s** money available for funding habitat arid and shall appoint their members. The chairwaste reduction programs. The Environ- person of the board is ex officio a member mental Quality Commission 

### shall determine of each**committe~** established by the board. annually the amount of moneys that 

### will be (1989 c.917 §81 available in the comingyear, based on inter- Note: See notauzsder468.659. est and other earnings, gifts and grants and 4Q!.668Planto determine eligibility of after admjnjstrative expenses are deducted, habitatconservationprojectsforfunding; for funding habitat and waste reduction pro- contents. (1) The State Department ofFish grams. The commission shall inform the and Wildlife jointly with the State Parks Habitat Conservation Trust Fund Board and and**Recreati~n** Department, the Division of the Waste Reduction Trust Fund Board of State Lands., the Tourism Division of the the amount of moneys available for censer-

. Economic Development Department and**~e** vation projects. (1989 c.917 §l.51 three individuals selected under subsection Note:

### See note under468.659. (2) of this section, shall develop a proposed

36-688 

# o

oENVIRON1'r1ENTAL

.QUALITY GENERALLY 

# •

•

• long-range plan to be adopted by the Habitat Conservation Trust Fund Board and to be used to determine the eligibility of habitat conservation projects for funding under ORS 468.671. The plan shall include: (a) Criteria for approving projects that reflect the resource conservation benefits to this state. Such criteria shall include, but need not be limited to, the following: (A) Supportingprojects that

### will increase the amount of land. available for wildlife habitat and natural areas conservation. (B) Promoting environmental education. (C) Enhancing tourist economy while protecting the state's naturalvalues. (b) Requirements for applying for moneys from the habitat conservation subaccount of the Resource Conservation SinkingFund and for obtaining necessary' permits or authorizations for a proposed project. (2) The State Fish and Wildlife Director shall select three individuals with expertise and interest 

### in habitat conservation to assist in the develooment of the plan under Subsection (1) of this section. One individual shall be a representative from a local or regionalgovernment. (3) Upon completionofthe proposed.plan, the State. Department of Fish and Wildlife shall submit the plan to the Habitat ConservationTrustFund Board for approval. (4) The State Department of Fish and Wildlife shall periodically monitor and annually report on the habitat conservation projects receiving financing under ORS 468.659 to 468.685. Such reports shallbe submitted·to the approoriate legislative committee on October 1 ot each year, beginning in 1991. (1989e.911§9; 1991 c.67 §1321 Note: See note UDder 468.659. 468.669 Review and approval ofpian. The Habitat ConservationTrustFund Board shallreview the proposedplan submitted under ORS 468.668 and approve the plan orre

### tum the plan to the department for changes in accordance with the board's suggestions
or approve the plan with changes adopted by the board. The plan shall provide the great-**e~t** possible opportunity to achieve the goals at the program. (1989 c.917 §1l1

. Note: See noteunder 468.659. 468.670 Allocation of moneys according to plan. (1) Beginning on January. 1, 1992, the Habitat Conservation Trust Fund Board shall allocate moneys according to the planapprovedunderORS 468.669. (2)The Habitat ConservationTrUstFund Board shall allocate up to 50 percent ofthe moneys available under ORS 468.665 for 468.672

habitat conservation projects and purposes in accordance with the plan approved unde; ORS 468.669; (1989e.917§131

-Note:5ee note under 468.659.

468.671 Allocation of moneys in habitat conservation subaccount. 

### In allocating'moneys from the Resource Conservation Sinking Fund, the Habitat Conservation Trust Fund Board shall allocate the moneys deposited to the sinking fund habitat conservation subaccount, for one-year or multiyear programs to: (1) Identify and acquire native ecosystems. natural communities, migration corridors, fish and wildlife habitats, wetland and riparian systems and natural heritage conservation areas under ORS 273.563 to 273.591 and habitat.for nongame. threatened and endangered species identified by state agencies. (2) Match funding at a ratio of two dollars of trust fund moneys for each dollar contributed by a qualifying entity for regional and local governments and nonprofit organizations oftax-exempt status under section 501(c)3 of the Internal Revenue Code. for land acquisition and capital expenditures in the conservation of parks, nature preserves, wildlife habitats, open space, conservation easements, biking trails and public
access easements. (3) Provide funding for interoretive facilities and promotional materialre1ating to the I appreciation and conservation ofland, water,**l~;** WiIdlife,native plants and natural communities to: (a) Public agencies on a direct grant basis; and (b) Private interests on the basis of one dollar of trust fund moneys for every two dollars contributed by a private interest. (1989 e.911 §16) Note: See nota under 468.659. 468.672 Nomination ofhabitat conservation project. (1) Any person may nominate a habitat conservation project for approval by the Habitat Conservation Trust FundBoardunderORS 468.670. (2) A nomination submitted under subsection (1) ofthis section shallbe filed in the manner, be in the form and contain the information required by the board. (3) Based upon criteria included in the**lOI~t~ge** plan adopted under ORS 468.669, wi

. 90 days after the board receives a nomination under subsection (1) ofthis section, the board shall either: (a) Approve the proposal and provide the requested funding for the project; or (b) Deny the proposal.

36-689468.673 PUBLIC HEALTH AND SAFETY

(4)The Habitat Conservation Trust Fund Board shall approve for implementation only those habitat conservation projects thatmeet the criteria established in the long-range plan approved by the board under ORS 468.669. (5) If the Habitat Conservation Trust Fund Board approves a project under this section that requires the applicant to obtain
a 'permit or license from a local, state or federal agency or governing body, the board shall not disburse anyfunds to the applicant untilthe applicantpresents evidence thatthe agency has granteii the permit or license. [1989<:.917 §l8]

. Note: See note under468.659. 468.673 Rules. (1)

### In accordance with the applicable provisions of ORS 183.310 to 183.550, the Habitat Conservation Trust Fund Board shall adopt rules and standards to carry out the board's duties under the Resource ConservationTrust Fund program. (2) The rules and standards adopted under subsection (1) of this section shall include, but need not be limited 

### to, conditions for approval by the boardforimplementation of a projectincluding butnot liririted to: (a) Provisions satisfactory 

### to the board for inspection and evaluation of the implementation of a project, including all necessary agreements to allow the board and employees ofany cooperating agency providing staff services for the board's access to the project area; and (b) Provisions satisfactory to the board for controlling the expenditure of and accounting for any funds granted by the board for imolementation ofthe project. (1989 <:.917 §21] • Note: See note under468.659. 468.674 Staffing of habitat conservation projects. The State Department ofFish andWIldlife shallprovide staff'for overseeing the habitat conservation projects described in ORS 468.671 andfor the day-to-day operation ofthe Habitat ConservationTrustFund Board, including scheduling meetings, providing public notice of meetings and other board activities andkeepingrecords ofboard activities. [1989<:.917 §241 Note: See note under468.659. (Waste Reduction) 468.675 Waste Reduction Trust Fund Board; membership; terms. There is established the Waste Reduction Trust Fund Board consisting of seven members. The board shall elect one of its memberS as chairperson, with such powers and duties as are providedby rules of the. board, and shall be comprised as follows: (1) The Governor shall appoint three members, to include: (a) One representative from local or regional-government;

. (b) One representative from the packag- ingindustry; and

. . . (c) One representative 

### with waste hauling and recycling experience. (2) The President ofthe Senate shall anpoint two members, to include:

. (a) One representative with recycling experience who is .not a member ofthe waste haulingindustry; and

. (b) One representative with expertise in natural resource education. ' (3) The Speaker of the House ofRepresentatives shall appoint two members, to include: (a) One reoresentative from retail industry; and • (b) One representative from a nonprofit conservation or environmental organization. (4) The term of each member shall be four years. Vacancies 

### in office shall be filled by the appointing authority. (5) The board shall use state agency em-

.ployees 

### with relevant expertise to provide staffsupportnecessaryfor the boardto carry out its duties andresoonsibilities under ORS 468.659 to 468.685. [1989 <:.917 §6J Note: See note under468.659. 468.676 Advisory and technical committees. To aid and advise the Waste Reduction Trust Fund Board established 

### in ORS 468.675 in.the performance ofits functions, the board may establish such advisory and technical committees as the board considers necessary. These committees may be continuing or temporary. The boards shall determine the representation. membership, 

### terms and organization of the committees and shall appoint their members. The chairperson- of the board is ex officio a member of each committee established by the board. [1989<:.911 §71 Note: See nate under468.659. 468.677 Plan

### to determine eligibility of
resource 

### recycling projects for funding; contents. (1) The Department of Environmental Quality shall develop a prooosed long-range-'plan to be adopted by the Waste Reduction Trust Fund Board and to be used 

### to determine the eligibility ofresource recy- clingprojects forfuniiing underORS 468.680. 

### In developing the plan, the department shall consider

# an relevant data. The plan shallinclude: (a) Criteria for approving projects that reflect the resource recycling benefits to the 

# o

o

o

36·690

# .. ENVIRONMENTAL QUALITY GENERALLY 468.682

468.678 Review and approval of plan. The Waste ReductionTrustFundBoardshall review the proposed plan submitted under ORS 468.677 and approve the plan or return. it to the department for changes in'accordance with the board's suggestions or aporove the plan with changes adooted by the hoard. The plan shall provide the greatest possible opportunity to achieve the goals of the program. (1989 c.917 §121 Note: See note under 468.659. 468.679 Allocation of moneys according 

### to plan. (1) Beginning on January 1. 1992, the Waste ReductionTrustFundBoard shall allocate moneys according to the plan approved underORS 468.678. (2) The Waste Reduction Trust Fund Board shall allocate up to 50 percent ofthe moneys available under ORS 468.665 for resource recycling projects and purposes, in accordance with the plan approved under ORS 468.677. (1989 c.917 §141 Note: Seeuota under468.659. 468.680 Allocation ofmoneys in 

### waste reductionsubaccount. 

### In allocatingmoneys from the Resource. Conservation Sinking Fund, the Waste Reduction Trust Fund Board shall allocate the moneys deposited to the sinkingfund waste reduction subaccount, for one-yearor multiyear programs to: (1) Finance projects to develop secondary markets for recycled products in Oregon. (2) Fundgrants at a ratio of'atwo dollars oftrustfund moneys for each dollar contributed by an educational institution to Oregon educational institutions for research development· and initiation of resource conserva- 

# •

•

• state. Such criteria shall include, but need tfon programs to facilitate the reduction or not be limited to, the following: reuse of solid waste for productive purposes. (A) Promoting environmental and re-

- .{3+-Facilitate and stabilize recycling ef

__ source recycling education. forts for depots and processing centers and (B) Establishing effective recycling sys- the collection ofrecyclables through annual tams in the state. waste diversion credits, administered by the Enm

.....nmental Quality Commission, (C) Using the educational resources '4.00\,1 available at Oregon institutions of higher (4) Diversion credits for litter cleanun education. activities ifthe waste is recycled and partic- ipants are educated about resource recycling (b) Requirements for applyingfor moneys and recovery. from the waste reduction subaccount of the Resource Conservation Sinking Fund and for (5) Help finance resource recycling obtaining necessary permits or authori- projects determined eligible for funding by zations for a proposed project. the needs assessment provided by the Environmental Quality Commission.

. (2) 

### In developing the proposed waste reduction plan, the department shall consult (6) Education and promotion activities with interested organizations and local and related to recycling. (1989 c.917

## sm regional governments. Upon completion of Note: See Dote under 468.659. the proposed plan, the Department of Envi- 468.681 Nomination of resource recyronmental Quality shall submit the plan to cling project. (1) Any person may nominate the Waste Reduction Trust Fund Board for a resource recycling project for approval by approval. (1989c.917HOl the Waste Reduction Trust Fund Board unNote: See nate under 468.659. der ORS 468.678. (2) A nomination submitted under subsection (1) ofthis section shallbe filed in the manner, be in the form and contain the information required by the board. (3) Based upon criteria included in the**lO~f;~~ge** plan adopted under' ORS 468.678, wi . 90 days after the board receives a nomination under subsection (1) of this sec-.. tion, the board shall either: r (a) Approve the proposal and provide the " requested funding for tne project; or (b) Deny the proposal. (4) -The Waste Reduction ·Trust Fund Board shall approve for implementation only the resource recycling projects that meet the criteria established. in the long-range plan aooroved by the board under ORS 468.678. 

## usss c.917 §19) Note: See Dote under468.659. 468.682Rules. (1) 

### In accordance with the applicable provisions of ORS 183.310 to 183.550, the Waste Reduction Trust Fund Board shall adopt rules and standards to carry out the board's duties under the 

### .Resource Conservation Trust.Fund program. (2) The rules and standards adopted under subsection (1) of this section shall include, but need not be limited to. conditions for approval by the boardfor iInplementation of a project including but not limited to: (a) Provisions satisfactory to the board for inspection and evaluation of the implementation of a project, including all necessary agreements to allow the- board and employees ofany cooperating**a~ency** provid- ing staff services for the board's access to the project area;.and

36-691468.683 PUBLIC HEALTH AND SAFETY

(b) Provisions satisfactory to the board for controlling the expenditure of and accounting for any funds granted by the board for implementation of the project. (1989' c.917 §22] Note: See note under 468.659. 468.683 Staffing ofresource recycling Erojects. The Department of Environmental Quality shall provide stafffor overseeing the
resource recyclingprojects described in ORS 468.680 and for the day-to-day operation

.of the Waste Reduction Trust Fund Board, includingschedulingmeetings, providingpublic notice ofmeetings and other board activities and keeping records ofboard activities. (1989 c.917 §23]

. Note: See note under 468.659. 

### 468.685 Waste diversion credit; quali- fication. (1) The Environmental Quality Commission shall determine materials that aualify for waste diversion credits and set the amount ofsuch creditbased.on tonnage. (2) In determining the amount of waste diversion credit, the Environmental Quality Commission shall consider the potential economic benefits, environmental benefits and adverse effects, (3) As used in this section, "waste diversion credit" means payment offered to waste haulers, processors, recycling depots or others as determined by the Environmental Quality Commission. (1989 c.917 §26]

. Note: See note under 468.659. 468.686 (1989 c.M7 §2; renumbered 468B.2oo in 1991] 468.S87(1989 c.M7 §3; renumbered 468B.205 in 1991] 468.688(1989 c.847 §4; renumbered 468B.210 in 19911 468.S89 (1989 c.M7 §5; renumbered 468B.215 in 1991] 468.690 (1989 c.M7 §6;. 468B.220 in 1991] 468.691(1989c.833 §17; renumbered468B.150in 19911 46S.692(1989c:.S33 §18; renumbered468B.155 in 19911 468.693 (1989 c:.S33**§19~** 1991 c.67 §133; renumbered 468B.l60 in 1991] 468.694(1989c:.S33 §2.5;renumbered468B.165 in 1991] 468.695 (1989c:.S33 §27;renumbered468B.l70 in 1991] 468.696 (1989 c:.S33 §§31, 33; renumbered 468B.175 in 1991]468.698 (1989 c:.S33 §§36, 31; rmumhered 468B.180 in 1991]468.699(1989 c:.S33 §29;renumbered468B.185 in 1991] 468.700 (Formerly 449.075; rmum.bered 468B.005 in 19911 468.705 (Formerly'449.070; renumbered 468B.OI0 in 1991]

. 468.'710 (Formerly 449.077; renumbered 468B.015 in 1991]468.71S (Formerly 449.095; renumbered 468B.020 in 1991]468.'720 (Formerly 449.079; renumbered 468B.025 in 19911 468.'725 (Fonzieriy 449.081; renumbered 468B.030 in 19911

. 468.730(l973 c..92§3; renumbered 468B.035 in 1991] 468.732 (1985 c.S69 §7; renumbered 468B.040 in 1991] 468.734 (1985 c.569 §8;renumbered 468B.045 in 19911 468.735 (Formerly 449.086; 1985 c.673 §li8; renum- bered 468B.048.m-.l9911 468.740 (Formerly449.083; 1989 c.847 §7; renumbered 468B.050 in 1991] 468.742 (Formerly 454.415; 1979 c.98 §1; 1991 c.i35 §27; renumbered 468B.055 in 19911 468.745 (Formerly449.103; 1979 c.584 §1; renumbered 468B.060 in 1991] 468.750 (Formerly449.111; 1975 c.172 §1; renwnbered 468B.065 in 1991] 468.'755 (Formerly 449.113; renumbered 468B.070 in 1991]

.468.150(Formerly449.137; repealed by 1991 c.764 §8] 

### 468.765 (Formerly 449.140; renumbered 468B.075 in 19911 468.770 (Formerly 449.150; renumbered 468B.080 in 1991]468.'T1S (Formerly 449.109; 1983 c.338 §937; renum- bered 468B.085 in 19911 468.777 (1979 c.617 §2;renumbered 468B.09O in 19911 468.778 (1983 c.257 §2;renumbered 468B.095 in 1991] 468.780 (Formerly 449.155; 1989 c.1082 904; 1991 c.606 §1; 1991 c.651 §3; renumbered 468B.300 in 1991] 468.785 (Formerly 449.157; renumbered 468B.305 in 1991]

, 468.790 (Formerly.449.159; renumbered 468B.310 in 1991]468.795 (Formerly 449.161; renumbered 468B.315 in 1991]468.SOO (Formerly 449.163; reI!-umbered 468B.320 in

. 1991]

. 468.802 (1977 c.222 §§2, 3; renumbered 468B.325 in 19911 468J305 (Formerly 449.165; renumbered 468B.330 in 1991). 468.810 (Formerly 449.167; 1977 c.i04 §11; repealed by 1985 c.733 §23) 468.S1.'S (Formerly 449.175; renumbered 468B.335 in 1991]

- . . 468.S17 (1989 c.859 §§3, 5; renumbered 468B.450 in 1991]468.819(1989 c.859 §4;renumbered468B.455in 19911 468.821 (1989 c.859 §2; rem1lT!bered 468B.460 in 19911 468.823 (1989e.l042 §2;renumbered468B.475 in 1991] 468.825 (1989e.l042 §3;renumbered468B.480in 19911 468.827 (1989 e.l042 §4;renumbered468B.485 in 19911 468.829 (1989c.l042 §5;renumbered468B.49Oin 19911 468.831 (1989 e.l082 §§2, 5; renumbered 468B.495 in 1991]468.B33Cl989e.l082 §3;rem1lT!bered468B.500in 1991]


### USED OIL RECYCLING 468..850Definitions for ORS 468.850 to 468..871. As used in ORS 468.850 to 468.871 unless the contextrequires otherwise: (1) "Commission" means the Environmental Quality Commission. (2) "Department" means the Department ofEnvironmental Quality. '

. (3) "Recycle" means to prepare used oil for reuse 

### asa petroleum product by refining, 

# o

o

o

36-692", ENVIRONMENTAL QUALITY GENERALLY 488.870

rerefining, reclaiming, reprocessing or other
means or to use used oil in a manner that substitutes for a petroleum product made from new oil, provided that the preparation
or use is operationally safe, environmentally sound and complies with all laws and regulations. (4) "Person".means any individual, private or public corporation, partnership, cooperative association, estate, municipality, political orjurisdictional subdivision or governmental agency or instrumentality. (5) "Used oil" means a petroleum-based. oil which through use, storage or handling has become unsuitable for its original purpose due to the presence ofimpurities or loss oforiginal properties. (1977 c.483§21 Note: 468.850 to 468.871 were enacted .into law by the Legislative Assembly but were not added to or made
a part of ORS chapter 468 or any series therein by legislative action. See Preface

## to Oregon Revised Statutes for further explanation. 468.853 Legislative findings. The Legislative Assembly finds that: (1) Millions of gallons of used- oil are generated eachyear in the state; (2) Used oil is a valuable petroleum re-- source which can be recycled; and

_ (3)

# Inspite of

### this potentialfor recycling, significant quantities of used oil are wastefully disposed ofor improperly used by
means whichpollute the waters, land and air and endanger the public health and welfare. (1977 c.483§3J Note: See note under468.850. 468.856 Used oil to be collected and recycled. The Legislative Assembly declares that used oil shall be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural and human environments, and protectpublic health andwelfare. (1977 c.483 §4] Note: See nate under468.850. 468.859 Used oil infor:ma,tion center; public education. The department shall conduct a public education program to inform the public ofthe needs for and benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the department shall: (1) Establish, maintain and publicize a used oil information center that will explain local, state and federal laws and regulations governing used oil and will inform holders of quantities of used oil on how and where used oil maybe properly disposed of; and 

# •

•

• (2) Encourage the establishment of voluntary used oil collection and recycling programs-a:nd provide technical assistance to - persons organizing such programs. (1977 c.483 95] Note: See note under468.850. 468.862 Recycling information to be posted. The commission shall adoptrules, in accordance with the provisions of ORS 468.020, reauiring sellers of more than 500 gallons ofrubrication or other oil annually.. in containers foruse offthe premises, to post and maintain at or near the point of _ sale durable and legible signs, Unless otherwise prohibitedby law, informingthe public ofthe importance oflroper collection and disposal ofused oil, an how and where used oil may be properly disposed of, including locations and hours of operation of conveniently located collection facilities. (1977 c.483 §6J Note: Seenote under468.850. 468.865 Prohibited disposal ofused oil. Unless permitted pursuant to ORS 468B.050,
no person shall dispose of used oil by discharge into sewers, drainage systems or the waters of this state as defined by ORS 468B.00S (8), or by incineration other than for energy generating purposes. (19'77 c.483§7] Note: See nate under468.850. 468.868 Enforcement powers of commission. The commission shall have the power to enforce compliance with or restrain violation of ORS 468.865 or any rule adopted

-- under ORS 468.862 in the same manner provided for enforcement proceedings under - ORS chapters 468, 468A and 468B. (19'77 c.483

§8] Note: See note under468.850. 468.869 Use,

- management, disposal and resource recovery; rules. The Environmental Quality Commission shall adopt rules and issue orders relating to the use, management, disposal of and resource recovery from used oil. The rules shallinclude but need notbe limitedto performance standards and other requirements necessary to protect the public health, safety and environment, and a provision prohibiting the use of untested used oil for dust suppression. The commission shallinsure thatthe rules do not discourage the recovery or recycling ofused oil in a manner that is consistent with the protection of human health, safety and theenvironment. (1989 c.268§2] Note: See note under468.850. 468.870 Use for dust suppression oras herbicide. Except to the extent that a use ofused oil is prohibited or regulated by fed

.. eral law, the rules adopted under ORS 468.869 shall notprohibit orregulate the use of used oil for dust suppression or as. an herbicide if the used oil is generated by a

36-693468.871 PUBLIC HEALTH AND SAFETY ".

business or industry and does not contain polychlorinated biphenyls, or contain or show a characteristic ofhazardous waste as defined in ORS 466.005 or is generated by a household and is: (1) Used on property owned by the generator; or (2) Generated and used on property leased by the generator or used on property immediately adjacent to**~roperty** owned or leased by the generatorWIth the wntten approvalof**~h~** property**o~er** on whose property the oil IS to be applied. [1989 c:.268 §3)

. Note: See note under468.550. Note: Section 5, chapter 268, Oregon Laws 1989, provides: Sec. 5. No laterthan 12 months after the eIrective date of this Act (June 4, 1989), the Environmental Quality Commission shall adopt rules under section 2 of this Act (468.869) relacing eo dust suppression. (1989 c:.268 §5) 468.871 Short title. ORS 468.850 to 468.868 may be cited as the "Used Oil Recy- cling Act." (1977 c:.483§1] Note: See note under. 468.850. 468.87S (1987 c:.74l §2; renumbered 46SA.700 in 1991) 468.877(1987 c:.74l §3: renumbered 468A.705 in 1991) 468.8'79 (1987 c:.741 §5; renumbered 468A.710 in 1991) 4Q1B81'[1987c:.741 §6; renumbered 46SA.715 in 1991) 468.883(1987 c:.741 §7: renumbered 468A.72Q in 1991] 468.885 [1987 c:.74l §§8, 17: renumbered 468A.725 in 1991) 468.S87 (1987 c:.74l §9; renumbered 468A.730 in 1991] 468.889(1987 c:.741§10: renumbered468A.735 in 1991] 468.891 (1987 c:.741§1l;renumbered468A.740 in 1991) 468.B93 (1987 c:.741 §l2; 1991 c:.650 §7; renumbered 468A.745 in 1991] 468.895 (1987 c:.741 §13: 1989 c:.11l §63; renumbered 468A.750 in 1991] , 468.B97(1987 c:.741§14;renumbered468A.755 in 1991] 468.S99(1987 c:.741§lS: renumbered468A.760in 1991] 468.900 (1977 c:.S67 §23; 1983 c:.740 §183: renumbered 466.5051

. . 468.901 (1985 c:.737 §2; repealed by 1987 c:.539 §l (4SS.705 enacted in lieuof468.901)]

. 468.s02 (1985 c:.137' §3: repealed by 1987 c:.539 §3 (466.715 enacted in lieu of4SS.9021] 468.903 (1977 c:.S67 §24; renumbered 466.510] 468.SCM (1985 c:.737 §4: repealed by 1987 c:.539 §7 (4SS.725 enacted in lieu of 4SS.9041] 468.S05 (1985 c:.737 §5; repealed by 1987 c:.539 §19 (466.765 enacted in lieu of468.905)] 468.S08(l977c:.S67 §25; renumbered 466.5151 468.90'7 (1985 c:.737 §S;**~ealed** by 1987 c:.S39 §29 (46S.805 enacted in lieu of468.907)1 468.908 (1985 c:.737 §7;**~aled** by 1987 c:.S39 §12 (466.745 enacted in lieu of 4SS.9OS1] 468.S09 (1977 c:.867 §26; renumbered 466.5201 468.S10 (1985 c:.737 §8; 1987 c:. 539 §31; renumbered 

### 466..soo in 1987) 468.SU (1985 c:.737 §9; 1987 c:.S39 §18; renumbered 466.TIO in 1987) 468.912 (1977 c:,S67 §27; renumbered 466.525] 468.913 (1985 c:.737 §10: 1987 c:.539 §40; renumbered 466.720 (2) in 1981}- 468.914 (i985 c:.737§1l; repealed by 1987 c:.S39 §33: 466.820 enacted in lieu of 468.914] 468.915 (1977 c:.867 §28; repealed by 1979 c:.32 §1] 468.916 (1985 c:.737§l2; repealed by 1987 c:.539§45] 468.917 (1985 c:.737§13: repealed by 1987 c:.539 §45] 468.918 (1977 c:.S67 §29; repealed by 1979 c:.32 §1] 468.921 (1977 c:.S67 §30: renumbered466.530]

RECLAIMED PLASTIC PRODUCT TAX 

### CREDIT 468.925 Definitions for ORS 468.925 

### to 468.965. As usedin ORS 468.925 to 468.965: (1)

.. Investment" means the amount of money a person invests to acquire or construct equipment, personal property or machinery necessary to collect, transport or process reclaimed plastic or manufacture a, reclaimed plastic product. (2) "Qualifying business" means a business in Ore&'On that collects, transports, processes, reclaims plastic or manufactures
a reclaimed plastic product. (3) "Reclaimed plastic" means plastic from industrial consumers, commercial users or post-consumer waste. "Reclaimed plastic" includes shredded plastics, regrind, pellets or any similar product manufactured from

,Oregonindustrialconsumer, commercialuser

or post-consumer waste that is sold for the purpose ofmaking an end product out of reclaimed plastic and is intended to be used to manufacture a nonmedical ornonfood plastic product.

. (4) "Reclaimed plastic product" means a plastic productfor which the**m~~~ty** of the plastic used in the product is re . ed plastic. (1985 c:.684§3; 1989c:.958

## sn 468.930 Policy. In the interest of the public peace, health and safety, it is the poliCy ofthe State of Oregon to assist in the prevention, control and reduction of solid waste in this state by providing tax reliefto Oregon businesses that make investments in order to collect, transport or process reclaimed plastic or manufacture a reclaimed plastic product. (1985 c:.684§2; 1989 c:.958 §2J 468.935 Application for certification of investment to collect, transport or process- reclaimed plastic or manufacture reclaimed plastic product. (1) AIJ.y person may applyto the commissionfor certification under ORS 468.940 of

# an: investmentmade by the person in Oregon to allow the person to

.collect, trcmsport or process reclaimed plastic or manufacture a reclaimed plastic product if the investment was made on or after January 1, 1986, and before July 1, 1995. 

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# ..
36-694

## I~'- I •..
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# .....•
\ ": ENVIRONMENTAL QUALITY GENERALLY

(2) The application shall be made in or to the manufacture of a reclaimed plastic writing in a form prescribed by the depart- product,

### -aa set forth in 

### CRS 468.960. Each ment and shall contain information on the certificate shall bear a separate serial numactual investment including a description of berfor each such facility. the materials incorporated therein, all ma- (2) Ifthe commission rejects an applicachinery, personal property and equipment

.tion for certification, or certifies a lesser acmade a part thereof, tb.ee.'Usting orproposed tual cost of the investment or a lesser operational procedure thereof, and a state- portion ofthe actual cost properly allocable ment of the proposed use of the reclaimed to collecting, transporting or processing replastic product and the portion ofthe actual claimed plastic or to the' manufacture of a cost properly.allocable to collecting, 

### trans- reclaimed- plastic product than 

### was claimed porting orprocessing'reclaimed plastic or to in the application for certification, the comthe process ofmanUfacturing such reclaimed mission shall cause written. notice of its plastic product as setforth in 

### CRS 468.960. action, and a concise statement of the (3) The director may require any further findings and reasons therefor, to be sent by information the director considers necessary registered or certified mail to the applicant before a certificate is issued. before the 120th day after the filing 

### oithe

. (4) The aoolication shall be accompanied application. Failure ofthe commission to act : by a fee established under subsection-(5) of constitutes approval ofthe application

.

.this section. The fee may be refunded ifthe (3) If the application is rejected for' any application for certification is rejected. reason, including the information furnished by the applicant as to the cost ofthe invest- (5) By rule and after hearing the com- ment, or ifthe applicant is dissatisfied with mission may adopt a schedule of reasonable the certification of actual cost or portion of fees which the department may require of the actual cost properly allocable to collect-**~pplicants** for certificates issued under**O~** ing, transporting or processing reclaimed _68.940. Before the adoption or**reVlSl~n** at plastic or to the manufacture of a reclaimed any such fees the COmm.lSSIOn shall estimate plastic product, the applicant may appeal the total cost of the program to the**dep~-** from th.e rejection as provided in ORS 

### ment, The fees**s~** be based ?n the an?c-

. 468.110. The rejection or the certification is ipated**.cos~** of filing, lI?-ves.tigating, granting final and conclusive on all parties unless the and. rejecting the applications and shall be applicant takes an appeal therefrom as pro-**des~gned** not to exceed the total cost esti- vided in ORS 468.110before the 30th day afmated by the COIIlII1lSS10n. Any excess fees ter notice was mailed by the commission. shall be heldby the department and shall be

. . . . usedby the commission to reduce any future (4)(a) The**c~n;m:usslon** shall**~ertiiY** an infee increases. The fee may vary according to vestment, for wruch an**ap~lication** has.been**;~.t** the size and complexity ofthe

.investment. made under**O~** 468.935, if the coDlIl:l;lSslon The fees shall not be considered by the com- finds that**~e** mvestment. was made In ac- ':'

.. mission as part ofthe cost ofthe investment cordance with the requu-ements of ORS .-. to be certified. 468.935 and468.945. (6) Any person applying for certification (b) No determinatio?, ofthe proportion of

.. ofinvestment costs snail submit an applica-**t~e** actual cost of the**lD:vestm~nt** be certion between January 1, 1986, and June 30,**~ed** .shall be made 

### until receipt at the ap-'''' 1995. Failure to tile a timely**ap~lication** shall plication.
, make the investment cost ineligible for 

### tax (5) Apersonreceiving a certificate under credit certification. An application shall not this section may take tax reliefonly under be considered filed 

### until it is complete and ORS 316.103 or 317.106, dependi,ng upon the ready for processing. The commission may. tax status ofthe person's trade or business

..**~t** an**~ension** oftime 

### to tile an applica- (6) Ifthe person receiving the certificate tion for.C1I'cumstances beyond**th~** control. ot is a partnership, each partner shall be entithe applicantthatwouldmake a timelyfiling tIed to take tax credit reliefas provided in unreasonable. (1985 c.684 §4; 1989 c.958 §3] ORS 316.103,**bas~d** onthatpartner'spro rata 468.940 Action· on application; re- share of the certified cost or the mvestment. jection; appeal; certification of invest-(7) Certification under this section of an mente (1) The commission shall act on an investment qualifying under OBS 468.935 application for certification before the 120th shall be granted for a period of five**conse~­** day after the filing of the application under ut:ive years whichfive-yearperiod**sh~** begm ORS 468.935. The action of the commission Wlth the 

### tax yeu ofthe person In which the 

### shallinclude certification of the actual cost investment is certified under this section. ofthe'investment and the portion ofthe ac- [1985 c.684§5; 1989**c.9~** §4; 1991 c.E17 §381 tual cost properly allocable to collecting, 468.945 PreHm;nary certification of transporting or processing reclaimed plastic investment. (1)Any person proposing to ap36-695 . . .'5<,r468.950 PUBLIC HEALTH AND SAFETY

. . ' ply' for certification of an investment under**O~S'468.935,** before making the investment, shall file a request for preliminary certification with.the Department of Environmental Quality. The request shall be in a form 'prescribed by the department. For investments made, the 'commission may waive the' filing of the application if it finds the filing inappropriate because special circum-**~tances** render the filing unreasonable and if It finds such investment would otherwise

..qualify, for tax credit certification pursuant to 

### QRS'468.925 

### to 468.965. (2)**W~thin** 30 days ofthe receipt ofa request for .preliminary certification, the department may require, as a condition ,:p,reced,ent to issuance of a prelimjnary cer-**"~** tificate

.

# orapproval, the'submission ofplans
:and speci.;icatiop.s. Afterexamination'thereof, , the, department may request corrections and .reVlSlpns -tothe plans and specifications. The

,dePartI?ent may also require**~y** other information necessary to determme whether the proposed investment is in accordance w;!th",the.pro'risions**~f'O'RS** chapters 459 and 4i:l9A: and,ORS chapters 468, 468A'and 468B and applicable rules

.and standards adopted pursuant thereto.

.. , (3) Ifthe department determines that the proposed investment is in accordance with the provisions of

### CRS chanters 459 and459A .and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursu3.;Ilt thereto, It shall Issue a preliminary certificate approving the investment. If the department determineefhat the investment does not comply with the provisions of ORS chapters**459'~d** 459A andORS chanters 468 468A and 468B 'and, applicable "rules 

# 0; standards adopte,d**P.~t ~ereto,**  the commissicn shall Issue an order denying cer-

r tification.

. .

. '" .' (4) 

## If';yithiI?- 60 days,of the receipt of
',l**"pl~-, sP~C?ltions:**  or any'subsequently

## re-

o ::!:.,q:uested**z:eVlS1~ns** 'or corrections to the plan.'!

., and ,specifications or any Qther"information required. pursuant to.

### this, section the department fails',

### to issue a

### prelii:I:rin~ certii-

,**~cate** ofapproval and the commission fails to ':**l~s~e** an order denying certification, the pre-

. liminary ,certificate shall be considered. to have been issued, The investment must com- :;:::,,:ply**wi~h** the plans, specifications and any

... corrections or revisions thereto if any pre- viously subtri.itted. " . (5)Within 20 days from the date of mailing of the order, any person against whom
an order IS directed pursuant to subsection (3) of this section may demand a hearing. The demand shall be in writing shall state the grounds for hearing and shall be mailed to the director of the, department. The hearlIlg shall be conducted in accordance with the applicable provisions of ORS '183.310 to 183.550. (1985 <:.684§6; 1989 <:.958 §5]**46,8.~50** Final-certification. Exceptifthe COIIlIIUSSlon, under ORS 468.945 (1), waives the requirementfor prelimjnary certification,
no final certification shall be issued by the commission under ORS 468.940 unless the investment was made in accordance with the requirements of ORS 468.945 and in accordance with the applicable provisions of ORS chapters 459 and459AandORS chapters468, . 468A and 468B and the applicable rules'or standards adoptedpursuantthereto. (1985 c:.684 §7; 1989 <:.958 §6] 468.955 Revocation ofcertificate; consequences. (1) Pursuant to the procedures for a contested case under ORS 183.310 to 183.550, the commission may order the revocation ofthe certification issued under ORS 468.940 ofany investment, ifit finds that: (a) The certification was obtained bv fraud or misrepresentation; or

. (b)The holderofthe certificatehas failed substantially to operate the qualifying business as specified in such certificate. (2) As soon as the order of revocation under this section has become final, the commission shall notify the Department of Revenue ofsuch order. (3) If the certification of an investment is ordered revoked pursuant to paragraph (a) of'subsection (1) ofthis section, all prior tax relief provided to the holder of such certificate by virtue of such certificate shall be forfeited and the Department of Revenue shall proceed to collect those taxes not paid by .the certificate-hclderas a result of the tax relief provided to the holder under any provision of ORS 316.103 and 317.106. (4) If the certification of an investment is ordered revoked pursuant

### to paragraph (b) of subsection (1) of this section, the certificate holdershallbe denied anyfurtherrelief provided under ORS 316.103 or 317.106 in connection with such

### investment, as thecase may be, from and afterthe date that the order of revocation becomes finaL (lS85 c:.684 §8; 1987 c:.l58 §95; 1989 c:.958§71 ' 468.960 Allocation of costs to collect, transport orprocess reclaimedplastic or 

### manufacture reclaimed plastic product. (1) 

### In establishing the portion of costs prop- erly allocable to the Investment costs incurred to allow a person to collect, transport or process reclainied plastic or to manufacture a reclaimed plastic product qualifying for certification under dRS 468.940, the commission shall consider the following factors: ' . (a) Ifapplicable, the e:ttent to which the collection, transportation, processing or ( I '

I ,'_ •

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### ./

.: \i

<:.>:

36-696r

" '.

.**'i~'**

."';**~.996·**

.... .',

.. ',' 46S.973 (1987 c.695 §2;.renumbered 454.433

### iD:**1~e9}·** 468.975 (1987 c.695 §§3, 11;**renumb~d** 454.43t

### in 19891 .'

. ':

...,,



## - 408Si7(1987 c.695 §§4, 5, 8;

### r'e~~ered**454~~~'** 

# in
19891 ':**..~.** '

.. 468.9SO (1981 c.695 §6;**ren~.4?4.442** in 1989]' 46a.9s3 (1981 c.695 §7;'renumbered'454.445**in~1989]**
, < 

### pENALTmS· '''' e 468.990(1973c:.S35 §2S;subsection (5) formefly**p~** of448.990;enacted as1973c.B35§177a; 1989c.S59§6; 1991·' c.764 §7;renumbered468B.990 in 19911
,.

..... 468.992 Penalties for' pollution Offenses. (1) Willful or'**,ne~ligent** -violation

..of any 

### rule, standard or araer of.

### the-commis-

-\ <c.. . sion relating to water pollution

.is' a misde- "**.~ '~~.i':**  meanor and a person convicted'therecfshall

..'.**.:~.** be punishable by a fine of, not more than;. ,"**~:~'~',** $25,000 or byimprisonmentinthe countyjail:": ,.' for not more than one year, or,by**both~'Each.'·** day of violation constatutesva separateroffense.

. .' .": .:"

....,..:;:

.. "','

. (2) -Refusal to produi'e',bOOks, papers"or"

. information subpoenaed by the**co~sion** or the regional air quality control authority
or 3IJ.y report required by law or by the ,de-, partment or a regional authority pursuant·to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.405, 454.425, 454.505 to 454.53S, 454.60S to 454.745 and ORS chapters 468, 468A and468B is a Class A misdemeanor. (3) Violation of the terms of any permit

-- issued pursuant to ORS 468.065 is a Class A', :. ;,.,.:. misdemeanor. Each day of violation consti- ',';::::: tutes a seoarate offense, [1973 c.835 §261 ,':

.. ... ,468.S95 '(1973**c.835,§27~ ~~bsectioQ**  (6)**enaeted~'as=·.·** ,'):'1' 1975 0:.366 §3;1983 c.338 §938; 1991 ·c.920§20;renumbered,-: ','r." 468A.990 iIi 19911'

.. . . L"·..

...: '

.. E .:':;;, 468.996 Civil

### p~nalty' foi'

### ihtentid~**o~<~":'::** ;:' reckless violation. (1) In addition to any .c".**""'-~"** other penalty provided by law, any .person':·I:'J;;. :;:;

. who intentionally or**·reckless~y. violat.e~**  

### :any'

.': provision'ofORS 164.785,4S9.20S':to 459:426;;0 .: :i.: 459.70S to:;459.790, (ORS chapters'465, 466 or'" .c'·! 

### ;;,f 467 or 468, 468A;and 468B or any"rule,or:"c:· ',. standard or order of'the commission adopted.'

.. or issuedpursuant

### to ORS 459.205 to::459.426.r'. 459.70S 

### to459.790, 

### OBS chapters .465, 466'or467 or 468,468A and 468B, whichresults-in
or creates the imminent likelihood.for»an extremehazard to 

### the public health.or.which:
causes extensive damage to the environment v,: shall incur a civil penalty not-to exceed $100,000. The Environmental Quality:.Commission shall adopt by rule a schedule and the Criteria for determining the amount of a civil penalty that may be imposed for an extreme violation. (2) Asused in this section: (a) "Intentionally" means'conduct oy a person with a conscious objective to cause the result ofthe conduct.

. 

### ENVIRONMENTAL QUALITY 

### GENERALLY

. manufacturing process for which the investment is made is used to convert reclaimed plastic into a salable or usable commodity. (b) Any.other factors which are relevant in establishingthe portion of.the actual cost of the investment exceptreturn on the investment properly allocable to the process that allows a person to collect, transport or process reclaimed plastic or to manufacture
a reclaimed plastic product. (2) The p.ortion of actual costs properly. allocable shallbe from zero to 100 percentin increments of one .percent. If zero percent the commission shall issue an order denying certification. (3) The commission may adopt rules establishing methods to be used to determine the portion ofcosts properly allocable to the collection, transportation or processing of reclaimed plastic or to the manufacture of a reclaimed plastic product. (1985 c.6S4 §9; 1989 c.958§8] 468.965 

### Limit on costs certified by commission for tax 

### credit. (1) The total of 

### all costs of investments that receive a pre

### liminary certification from the commission for tax credits,

### in any calendaryear shall not exceed $1,500,000. Ifthe applications exceed the $1,500,000 

### limit, the commission, in the commission's discretion, shall determine the dollar. amount certified for any investments and the priority between applications for certification based uncn the criteria containedin OBS 468.925-to 468.965. (2) Not less than $500,000 of the $1,500,000 annual certification limit shall be allocated to investments having a certified cost of $100,000 or less for any qualifying business.

. (3) With res-pect to the balance of the annual certification limit, the maximum cost certifiedfor anyinvestments shall notexceed $500,000. However, if the applications certified in any calendar year do not total $1,000,000, the commission may increase the certified costs above the $500,000 maximum for previously certified investments. The increases shall be allocated according to the commission's determination ofhow the previously certified'investments meet the criteria ofORS468.925 to 468.965. The increased allocation to previously certifiedinvestments under this·subsection shall not include any ofthe $500,000 reserved under subsection (2) ofthis section. (1985c.684 §10; 1989c.958 §91 46B.967(1989c.l072 §1;renumbered459A.775in 1991] 468.968 (1989 c.1072 §§2. 3, 4; renumbered 459A. 780 in 19911 468.969(1989c.l072 §5;renumbered 459A.785in 19911 468370 [1987 c.695 §1; 1989 e.958 §9;**r=umb~** 454.430in 1989)**~., ~r:.**  I' .'



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36·691I' f' . •...•••**,,'~~~~~~~--t"" ":~-':~~~""'._""~~"-:''-'':;-<''''''''''''** **,_:,:~.::,;.\;~,:~:~1(~j~~~::;.::~.4 ,:~;** ... : : t:

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### 468.997 .;. .,., 

### ?1lllLI€·HEALTHAND SAFETY.

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