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• Chapter 468

1991 EDITIONEnvironmental 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 of certificate; certification

46lUSO Conditions for issuance of certificate under . ORS 468.170

468.lS5 Procedure to revoke - certification; reinstatement

468.l9O Allocation of costs 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 of federal funds

468.2SO P3rticipation in match.i.cg fund programs

with Federal Goven:u:nent

468.253 Authority of dire'Ctor to act to benefit fund

46S.255 Limit on grants and loans

468.260 _ Retual of unexpended funds to state re- quired; use of returned funds

COUNTY POLLtrrION-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 {or bonds

468.268 Enforcement of bond obligation

468.269 Trustees; powers

468270 Tu:: status ot.leasehold interest in facillties

46l3.271 meet on procedure of awarding contracts;

construction

468.2'72 Application of.other laws relating to bonds

FINANCING TREATMENT 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 of department

468.437 Loan applications; eligibility; waiver; de-·

fault remedy

ENFORCEMENT

Complaint procedure

Investigatory authority; entr,y on premises;

stata.s 0' records

Enforcement procedures; powers of re- gional authorities; status of proceda:ies

Appeal; power of court to stay eulorcement

Enforcement in cases of emergency

Public hearings; subpoenas, oaths, depositions

Advance notice

Schedule of civil penalties; factors to be

considered. in imposing civil penalties

Imposition of civil penalties

Civil penalties tor specified violations

GENERAL ADMINISTRATION

468.005 Defi.nitioDS

468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses

468.015 Functioas of commission

468.020 Rules and standards

468.030 Department of Environmental Quality

468.035 Functions of department

468.040 Director; salary

468.045 Functions of director; delegation

468.050 Deputy director

468.055 Contracts with Health Division

468.060 Enforcement of rules by health agencies

4QI.065 luuance of permits; content; fees; use

468.07'0 Denial. modification. suspension or revo- cation of permits

468.075 Revolving fund; uses

UNIFORM TRANSBOUNDARY

POLLlJTION RECIPROCAL ACCESS ACT

Definitioas for ORS 468.076 to 468.089

Action for pollution originating in Oregon

Action for pollution originating in

reciprocating jurisdiction

Applicability of Oregon law

Rights of injured person

Right conf~ under ORS 468.076 to

468.087 in addition to other rights

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

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36-661
PUBLIC HEALTH AJ.'ID SAFETY

408.439 Borrowing authority of public agency

408.440 LOAn terms :md interest rates; considerations

RESOURCE CONSERVATION TRUsr

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 of p1aa.

468.5i'O Allocatiol1 of mol1eys according to plan

468.671 Allocatiol1·of. mOl1eys ill habitat conserva- COil subaccount

468.672 Nominatiol1 ot habitat cOl1Servatiol1project

468S73 Rules

468.674 Staffing ot habitat 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 of p1aa.

4611679 Allocatiol1 of mOl1eys according to plaA

468.680 Allocatiol1 of mOI1ey5 ill waste reductiOI1

subaccount

468.681 NomiaatiOl1 of resource recycling project

468.Q2 Rules

468.683 Staflbsg of resource 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 of used oil

468.S68 Enloreemel1t powers 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 Cor certification oC il1vestment

to collect, transport or process reclaimed

plastic or maAWacture reclaimed plastic

product

468.940 Action 011 applicatiol1; rejection; appeal;

certificatiol1 of iIlvestmel1t

468.945 PreJimjnary certificatiOI1 ot mvestment

468.950 Final certificatiOI1

408.95S Revocatiol1 of certificate; consequences

468.960 AUocatiol1 of costs 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 Jomder of certaiA 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, strategy for reducing emission of gases

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. liability limitation. 30.490 to

30.497

WatAr pollutiaA 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

Tax relief. 307.405. 314.255. 316.097. 317.116

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36-662
ENVIRONMENTAL QUALITY GENERALLY

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• 468.165 468.195 to 468.250

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Ta."C credit for corporations owning pclluticn control Certification to Executive Department of bonded debt

facilities, 317.116 s~ amounts, 291.445

36-663
PUBLIC HEALTH AND SAFETY

36-664

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"ENVIRONMENTAL QUALITY GENERALLY

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GENERAL ADMINISTRATION

468~OO5 Definitions. As used 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, unless the context requires otherwise:

(1) "Commission" means the Environmental Quality Commission. "

(2) "Department:' means the Department

of Environmental Quality.

(3) "Director" means the Director of the

Department of Environmental 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 same meaning as 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

commission pursuant 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

provided in 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 of the 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

for reappointment, but no member shall 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 of the commission is entitled to compensation and expenses as provided in ORS 292.495. (Formerly 449.0161

468.015 Functions of commission. It is

the function of" the commission" to establish

the policies for the operation of the" 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 it by 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 vested by 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 thereof or any "person designated by and

acting for the commission. (Formerly 449.173;

1977 c.3S gIl

468.030 Department of Environmental

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~nmental 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 other pursuits, in

restoring and preserving the quality and p~­

rity of the air and the waters of the 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 of the state and to the treatment and disposal of wastes.

(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 set forth 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.

36-665
468.040 PUBLIC HEALTH AL'ID SAFETY

(e) Shall conduct and supervise programs (2) Nothing in this section shall affect

of air and water pollution control education, the authority of the 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 of local 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 of the state 468.040 Director; salary. The commisfor receipt of moneys from the Federal Gov- sion shall appoint a director who shall hold

ernment or other public or private ag~ncies office at the pleasure of the commission. The

for the purposes of air and water pollution salary of the 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. (Formerly 449.026]

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 of the departUnited States. ment;

G) Shall seek enforcement of the air and (b) Have power, within applicable budgwater pollution laws of the state, etary limitations, and in accordance with

(k) Shall institute or cause to be insti- ORS chaoter 240, to hire, assign, reassign, and coordinate personnel of the 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 to 454.040, 454.205 to. - - _ (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 of the United States or any

468A and 468B. state for the purpose of representing _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

of pollution. . and the custody, use and preservation of its

(~) 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 of the department the exercise

(n) May perform such other and further or dis e in the.director's name of any

acts as may be necessary, proper or desirable power, duty or function of whatever characto cany out effectively the duties, powers ter, vested in or imposed by law upon the

and responsibilities of the 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

454.205 to 454.255, 454.405, 454.425, 454.505 to authority of the director shall be considered

454.535, 454.605 to 454.745 and ORS chapters to be an official act of the director. (Formerly

468, 468A and 468B. 449.0281

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

department related to a watershed enhance- approval of the COmmISSIOn. the director may m~pt project approved by the Governor's appoint a deputy director in the uncla.ssified

Watershed Enhancement Board under ORS service who shall serve at the pleasure of the

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 provided in ORS 468A.315, the fees contained

order, filed with the Secretary of State. in the schedule shall be based upon the an-

(2) The deputy director shall receive 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, quested permit, and of an inspection program

and shall be reimbursed for all e..cpenses ac- to detennine compliance or noncompliance tually and necessarily incurred by the deputy with the permit. The fee shall accompany

director in the performance of the official the application for the permit. The fees for

duties of the deputy director. (1973 c:.291 §2] a permit issued under ORS 468B.050 may be

Note: 468.050 was enacted into law by the Legisla- imposed on an annual basis.

ave Assembly 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 project under ORS 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 of the 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 of any aspect of the 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 of either the

services or employees by one to the other director or the commission against appeals

and generally providing cooperative action in or legal challenges. Every applicant for certhe interests ot public 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 with the other and to cooperate with the project shall be $5,000, and the fee for an,.. other .in all matters of joint 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 of the commission ment. In no event shall the 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 of the fee initially paid

468.065 Issuance' of permits; content; without prior notification to 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 than the Ulltial fee .PaId, the excess shall

OBS chapters 468, 468A and 468B: 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 of the applimade in a form prescribed by the department. cant for 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. The report shall be' in a form

454.605 to 454.745 and ORS chapters 468, prescribed by the department and shall con468A and 468B. 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 of fees for pollutant, contamjnant. or . waste and such

permits issued pursuant to ORS 468A.040, other information. as the department may re468A.045, 468A.155 and 468B.050. Except as quire.

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ENVIRONMENTAL QUALITY'GENERALLY 468.065

36-667
468.070 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 of the 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 Emergency Board

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.vif the 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, such fees shall be

deposited and expended as are permit fees

submitted to the department. (Formerly 449.733;

1975 c:.445 §7; 1983 c:.144 §2; 1983 c:.140 §182; 1989 c:.199 §l;

1989 c:.833 §77; 1991 c:.723 §l; 1991 c:.1S2 §15]

468.070 Denial, modi.ficatio~ suspension or revocation of permits. (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

if it finds:

(a) A material misrepresentation or false

statement in the application for the permit.

. (b) Failure to comply with the conditions

of the 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 or order of the commjssion.

(2) The department may modify any permit issued pursuant to 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 to 454.255, 454.405,

454.425, 454.505 to 454.535, 454.605 to 454.745,

466.605 to 466.690 and ORS chapters 468,

468A and 468B.

(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 of the director of the department or the authori%ed renresentative of the

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 shall be

deposited with the State Treasurer. to be held

in a special account against which the department may draw checks.

(2) The revolving fund may be used by

the department to pay for travel expenses, or

advances therefor, for employees of the de-:

partment and for any consultants or advisers

for whom payment of travel expenses is authorized by law or for purchases required

from time to time or for receipt or disbursement of federal funds available under federal

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 revolving fund.. (Formerly 449.034; 19TT

c:.104 §7] •

UNIFORM TRANSBOUNDARY

POU,UTION RECIPROCAL ACCESS

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) "Reciprocating jurisdiction" means a

state of the United States of America, the

District of Columb~ the Commonwealth of

Puerto Rico, a territory or possession of the

United States of America or a province or

territory of Canada, 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 Legislative Assembly but were !lot added to or made a put of OBS chapters 468, 468A and 468B or any 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 ino

o

() " 36-668 ~--- ----------- - ---------- --- -- - - --- - -- - II -------- --
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 such investigation that such a violation

of any rule or standard of the 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 of investigating 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,

454.010 to 454.040, 454.205 to 454.255, 454.405,

454.425,454.505 to 454.535, 454.605 to 454.745

and ORS chacters 468, 468A and 468B. The

commission sball also have access to any

pertinent records relating to such property,

including but 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 originating in reciprocating jurisdiction. A person

who suffers, or is threatened with, injury to

the person or property in a reciprocating jurisdiction caused by pollution originating, or

that may originate, in Oregon, has the same

rights to relief with 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 of federal 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 nOte under 468.076.

468.081 Rights of injured 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. [1991 c.a26 §6] .

Note: See note under 468.076.

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 other right. [1991 c.B26 §7]

Note: See note under 468.076.

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 extent that 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 out the general purpose of ORS 468.076

to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089

among the jurisdictions 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~

36-669
468.100 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 hearing Unless it is determined by a circuit court that evidence

thereof is necessary to the determination of

an issue or issues. being decided at a public hearing. ~onnerly 449.169; 1975 c.173 §l]

468.100 Enforcement procedures; powers of regional authorities; status of procedures. (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 violation of 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, or any rule, standard or order adopted

or entered pursuant thereto, or of any permit

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 may institute actions or proceedings

for legal or equitable remedies to enforce

cemnliance thereto or to restrain further violations.

(2) The proceedings authorized by subsection (1) of this section may be instituted

without the necessity of prior agency notice;

hearing and order, or during-: said agency

hearing if it has been initially commenced by the commission. '

(3) A regional authority formed under

ORS 468A.105 may exercise the same functions as are vested in the commission by this

section in so' far as such functions relate to

air pollution control and are applicable to

the conditions and situations of the 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 prevent the maintenance of

actions for legal or equitable remedies relating to private or public nuisances brought by

any other person, 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

468.110 Appeal; power of court to stay

enforcement. Any person adversely affected

or aggrieved by any order of the 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 of enforcement

of an agency order and 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 testimony thereon. (Formerly 449.0901

'468.115 Enforcement in cases of emer·

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 of persons, 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 thereafter by order of the Governor.

(2) The state and local police shall cooperate in the enforcement of any order issued

pursuant to subsection (1) of this section and

shall require no further authority or warrant

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 of water pollution or air pollution or

air contamination is located shall compel

compliance with the order in the same manner as with an order of that 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) Conduct public 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 or cause to be taken depositions

and receive such pertinent and relevant

proof as may be considered necessary or

proper to carry out duties of the commission

and department 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, 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-conomic and financial conditions

(Formerly 449.048; 1989 c:.9S0 §14b] of the 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 of 468.125)] 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 efstatipg that a penalty Will be imposed for the forts to correct tbe violation.

violation unless the permittee submits the. (h) Any relevant rule ofthe commission.

following to the department in writing within (3) The penalty imposed under this secfive working days after receipt of the ad- tion may be remitted or mitigated 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 of the authorceptable to the department and that includes ity of the commission provided in subsection

but is not limited to proposed compliance (3) of this section to remit or mitigate civil

dates. p'enalties. (Formerly 449.970; 1977 c.317 §3; 1987 1:.266

(2) No advance notice shall be required ~2; 1991 c.650 §4)

under subsection (1) of this section if: 468.135 Imposition of civil penalties.'

(a) The violation is intentional; (1) Any civil penalty under ORS 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 of any violation of the 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 in imposing civil. ~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 of civil penalty that may be imposed olations. (1) In addition to any other penalty

for a particular violation. Except as provided provided by law, any person who 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 of violation 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 of any permit

siiication or schedule. required or authorized by law and issued by

(2) In imposing a penalty pursuant to the the department or a regional air quality

schedule or schedules authorized by this sec- control authority.

tion, the commission and regional air quality (b) Any provision of ORS 164.785,448.305,

control authorities shall censider the follow- 454.010 to 454.040, 454.205 to 454.255, 454.405,

ing factors: 454.425, 454.505 to 454.535, 454.605 to 454.745,

(a) The past history of the person incur- ORS chapter 467 and ORS 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 of the

rect any violation. commission adopted or issued pursuant to

(b) Any prior violations of statutes, rules, .-ORS 448.305, 454.010 to 454.040,454.205 to

orders and pennits pertaining to water or 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 chaoter 467 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.

(1975 c.559 §1S1

Note: 468.150 was 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. .

468.150 PUBLIC HEALTH AND SAFETY

(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 requirement under ORS 468B.480.

(2) Each day of violation under subsection (1) of this 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 of violation: "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 of the 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 to 454.040, 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 water pollution. 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 auunder ORS 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 of used oil; or

civil penalty not to exceed the amount of (B) The sole purpose of such use,

$500 for each day of violation. . erection, construction or installation is to

(5) Paragraphs (c) and (e) of subsection prevent, control or reduce a substantial

(1) of this 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 of used

noise emissions. oil.

(6) Notwithstanding the limits of ORS (b). Such prevention, control or reduction

468.130 (1) and in addition to any other pen- 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 of treatment works for industrial waste

a civil penalty of at least $20 but not more as defined in ORS 468B.005;

than $40 for each acre so burned. Any fines (B) The disposal or elimination of or recollected by the department pursuant 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 of the 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, or used 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 defined in ORS 466.005.

(2) "Pollution control facilitY' or

"facility" does not include:

(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

of the facility including th.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 of any facility for which a pollution

control facility certificate has previously

been issued under ORS 468.170, except:

(A) If the cost to r~~e or reconstruct

the facility is greater the like-for-like

replacement cost of the original facility due

to a requirement imposed by the department,

the federal Environmental Protection Agency

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 of the 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 of its useful life then

the facility may be eligible for the remainder

of the 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

after January 1, 1977.

(c) The solid waste facility was under

construction on or after January 1, 1973, the

hazardous waste or used oil facility was under construction on or after October 3, 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 of auplication as its prior use without change in

Identity;

(C) The end product of the utilization is

an item of real economic value; ""

CD) The end product of the utilization,

other than a usable source of power, 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

after January 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 defined in 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 tual cost of the facility and the portion of the th~ matenals incorporated therein, all ma- actual cost properly allocable to the pre- chinery and eqUlpment made a l;lart thereof, vention. control or reduction of air, water or

the e.-asting or lroposed operational proce- noise pollution or solid or hazardous waste

dure thereof, an a statement of t,he. purpo~e or to recycling or jlroperly disposing of used

of preventio~, controf or red~ction of arr, oil as set forth in ORS 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 inposal o.f. used oil served or to be served by vestment in the facility or portion of the fathe facility and the portion of the. actual cost cility. Each certificate shall bear a separate properly ~ocabl~ to the preven?-on, cont:0l serial number for 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 of used 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 of used oil than was 1:2claimed 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

application for certification is rejected. - concise statement of the findings and reasons

(5) By role· and after hearing the com- thefefor, to be se~t by re~stered or certified

mission may adopt a" schedule of reasonable mail to the. app~cant bet~re .the 120th day fees which the department may require of after the filing or the 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 of the facility, the total cost of the 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,

shall be held by the department and shall be - the applicant may appeal from the reJection

used by -the commission to reduce any future as provided in ORS' 468.110. The rejection or

fee increases. The fee may vary 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 of the cost of the 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

of construction of the 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 the commission finds 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 or installed

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 of the applicant that would 468.165 (1); _ _ . make a timely filing unreasonable. If a facil- (B) Is designed for, 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 satisfv the intents and

1974 5.3. c.37 §2; 1975 c:.496 §3; 1977 e,795 §3; 1979 c:.802 -J";' 040 A C:A.205

§3; 1981 c:.359 §l;1983 c:.637 §2; 1989 c:.802 §51 purposes of ORS 454.010 to 454. ,~

. --36-074- _ ---------. ------~--

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- ENVIRONM:ENTAL QUALITY GENERALLY I

..

•

•

•

to 454.255, 454.405, 454.425, 454.505 to

454.535,454.605 to 454.745, ORS chanters 459,

459A, 466 and 467 and ORS chaeters 468,

468A and 468B and rules thereunder.

(b) No determination of the proportion of

the actual cost of the facility to be certified

shall be made until receipt of the application.

- (c) If one or more facilities constitute an

operational unit, the commission may 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 completed before December 31, 1995.

(5) A person 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 of cooperative associations, or

is a subsequent transferee of such a corporation, the tax: relief may be taken only under ORS 307.405.

(6) If the person receiving the certificate

is a partnership, .each partner shall be entitled to -take tax credit relief as provided in

ORS 316.097, based on that partner's pro rata

share of the certified cost of the facility.

(7) Certification under this section of a

pollution control facility qualifying under

ORS 468.165 (1) shall be granted for a period

of 10 consecutive years which 10-year period shall begin with the tax year of the 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

exempt from ad valorem taxation for a period of 20 consecutive years.

(8) Portions of a facility qualifying under

ORS 468.165 (l)(c) may be certified separately under this section if ownership of the

portiops is -in more than one person. Certification of such portions of -a facility shall

include certification of the actual cost of the

portion of the facility to the person receiving the certification. The actual cost certified for

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 certified portion of a facility. (Formerly 449.635;1974 s.s. c.37 §3; 1975 e.496 §4; 1977 e.795 94; 1979 c.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 of certiJicate 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

chapters 459, 459A, 465, 466 and 467 and ORS

chapters 468, 468A and 468B and the appli- cable rules or standards adopted pursuant thereto. .

(2) Nothing in this section is intended toapply to erection, construction or 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

183.310 to 183.550, the commission may order

the revocation of the 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 or misrepresentation; or

(b) The holder of the certificate has 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 ordered revoked

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

of this section, the certificate holder shall be

denied any further relief provided under ORS

307.405, 316.097 or 317.116 in connection with

.",

36-675
468.190 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 under this 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 of the tax credit, less

the period of revocation as determined by the

commission. [Formerly 449.645; 1975 e.496 §7; J.S77 e.795 §7; 1979 c.B02 §7; 1987 c.596 ~6]

(1981 e.710 §2; repealed.by 1984 SoS. e.i §18]

468.190 Allocation of costs 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 of used oil for

facilities qualifying for certification under

ORS 468.170, the commission shall consider

the following factors:

(a) If applicable, 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 investment in the facility.

(c) If applicable, 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

of the installation of the facility.

(e) Any other factors which are relevant

in establishing the portion of the actual cost

of the facility 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 of used

oil.

(2) The portion of actual costs properly

allocable shall be from zero to 100 percent in

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 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

of used oil. [Formerly 449.655; 1974 s..s. e.37 §4; J.S77 c.795 §8; 1983 c.637 §41

STATE POLLUTION CONTROL BONDS

468.195 Issuance of bonds authorized;

principal amouni.- In order to provide funds

for the purposes specified in Article XI-H of

the Oregon Constitution bonds may be issued

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; 1981 e.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 , of bonds shall be credited to a special fund

in the State Treasury, separate and distinct

from the General Fund, to. be designated the

Pollution Control Fund; which fund is hereby

appropriated for th~ purpose of carrying 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. (Formerly 449.682]

, 468.220 Department to 'administer

fund; uses; legislative approval of grants; 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, by purchase, or otherwise,

general obligation bonds or other obligations

of any municipal corporation, city, county,

or agency of the State of Oregon, or combinations thereof: issued or made for the purpose of paragraph (a) of this subsection in an

amount not to exceed 100 percent of the total

project costs for eligible projects.

(c) To acquire, by purchase, or otherwise,

other obligations of any city that are authorized by its charter in an amount not to

exceed 100 percent of the total project costs

for eligible projects. ' ,

(d) To grant funds not to exceed 30 percent of the total project costs for facilities

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ENVIRONMENTAL. QUALITY GENERALLY

•

•

•

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 of solid waste, including without being limited to, transfer and resource recovery facilities. Grants made under this paragraph

shall be considered a part of any grant au~

thorized by paragraph (a)' or (d) of this sub... section if the project is approved.

(f) To acquire, by purchase, or otherwise,

general obligation bonds or other obligations

of any municipal corporation, city, county,

or agency of the State of Oregon, or combinations thereof, issued or made for the pure'

pose of paragraph (d) of this subsection. in an

amount not to exceed 100 percent of the total

project costs.

(g) To advance funds by contract, loan, or

otherwise, to any municipal corporation, city,

county or agency of the State of Oregon, or

combination thereof, for the purpose of paragraphs (a) and (d) of this subsection in an

amount not to exceed 100 percent of the total

proj ect. costs.

(h) To pay compensation required by law

to be paid by the state for the acquisition of

real property for the' disposal by storage of

environmentally hazardous wastes.

(i) To dispose of environmentally hazardous wastes by the Department of Environmental Quality whenever the department

finds that an emergency exists requiring

such disposal,

(j) To acquire for the state real property

and. facilities for the disposal by landfill,

storage or otherwise of solid waste, including

but not limited to, transfer and resource recovery facilities.

(k) To acquire for the state real property

and facilities for the disposal by incineration

or otherwise of hazardous waste or PCB.

(L) To provide funding for the Assessment Deferral Loan Program Revolving Fund

established in ORS 454.436.

(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 shall be fully paid from fees collected

pursuant to ORS 453.402 (2)(c). under ORS

.459.236 and under OBS 465.101 to 465.131 for

the purpose of providing funds for the Orphan Site Account and other available 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 any municipa corporation, city,

county or agency of this state, or combination thereof, for facilities 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 but only to the extent the department

estimates that debt service from bonds issued

to finance 'grants, loan guarantees and lowinterest loans shall be fully paid from assessments collected under ORS 319.025.

(2) The facilities' referred to in tiaragraphs (a) to (e) 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-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) of subsection (1) or this

section shall be only such as conservatively

appear to the department to be not less than

70 percent self-supporting and self-liquidating

from revenues, gifts, grants from the Federal

Government, user charges, assessments and

other fees.

(4) The real property and facilities referred to in paragraphs (j) and (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-liquidating from revenues. gifts,

grants from the Federal Government, user

charges, assessments and other fees.

(5) The department may sell or pledge

any bonds, notes or other 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 solid waste management plan that has been

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.

36-677
468.225 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 administering this 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

of section 2. Article VIII or section 3a, .Article IX of the

Oregon Constitution, ORS 468.220, as amended by section 114 of this 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

of the foliowing 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 de.lined in 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 of the total

project costs for eligible projects.

(d) To grant fimds not to exceed 30 percent of the

total project ctlsts for facilities for the disposal of solid

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 of the State of Oregon, 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 if the 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 compensation required by law to be/paid ~r the state for the acquisition of real property for the ~posa1 by storage of environmentally hazardous

wasteS.

(i) To dispose of environmentally hazardous wastes

by the Department of Environmental 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 not limited 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 the Assessment Deferral

Loan Program Revolving Fund established in 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 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, Under ORS 459.236, under sections

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, ·or combination 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 percent self-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, other fees.

(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-liquidating from 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 or other obligations acquired under paragraph (bl

of subsection (1) of this 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 must include 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%ing the interim period

between sessions.

(8) The department may assess those entities to

whom grants and loans are made under this section to

recgver u:penses inc:urred in admjnjstering this section.

468.225 Investment yield on undistributed bond funds and revenues, All undistributed bond funds 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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36-678
ENVIRONl\'IENTAL QUALITY GENERALLY

•

•

•

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 Sinking Fund, separate and

distinct from the General Fund. The Pollution Control Sinking Fund shall provide for

the payment of the principal and interest

1.!12on bonds issued under authority of Article

XI-H of the Constitution of Oregon and ORS

468.195 to 468.260 and administrative expenses incurred in issuing the bonds. Moneys

of the 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 Sinking Fund.

(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 Account under ORS 466.590 (6), all

moneys that the Legislative Assembly may

provide in .lieu of such: 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 may be transferred to the Pollution Control Fund at the direction of the 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, If any municipal corporation, city or county defaults 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

county to 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 of money, land,

s:r:nces or any other thing of value from the

United States or any of its agencies, or from

468.250

other persons subject to the terms and conditions..thereof, regardless. of any laws of this

state in conflict with regulations of the Federal Govenunent or restrictions and' conditions of such other persons with respect

thereto, for any of the purposes 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 of them into monev

through sale or other disposal thereof.

[Formerly 449.695]

468.250 Participation in matching funci

programs with Federal Government. (If

The commission may participate on behalf of

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. or the state

or its participation in administering the program. However, any grant advanced by' the

commission to an otherwise eligible applicant

shall not exceed 30 percent of the total eligible costs of the project applied for, and

further provided that the project shall not be l~ss .th~ 70 percent self-supporting and selfliqwdating from those sources prescribed by

Article XI-H of the Constitution of Oregon.

(2) Subject to conditions Imposed -vn

federally granted 'funds, a municipal cort.oration, city, county or agency of the 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 determined by 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 of the 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-

.:..

~.

36-679
468.253 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 of Oregon, or

combinations thereof, shall consent to and

request that funds made available to it by an

agency of the Federal Government shall be

paid directly to the commission if required to

do so under subsection (2) of this section.

(Formerly 449.6971 .

468.253 Authority of director to act to

benefit fund. (1) Notwithstanding any other

provision of law, if the 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 of the sale:

(b) Pay to an obligor under such bonds,

notes, contracts or other obligations such

sums from the proceeds of a sale authorized

by paragraph (a) of this subsection as the director. determines, or hold or deposit such

sums In trust for the benefit of such obligor

under terms established by the -director.

(2) ~y proceeds. of a sale authorized by'

subsection .(1) of this section which remain

after payments authorized by subsection (1)

of this 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) of this section may waive

Its ng~t to redeem ,such obligations prior to

maturity, or otherwise renegotiate the terms

of such obligaticns, if the obligor determines

that so altenng the terms of its obligation tog~ther with payments to be received by th~ oblig?r und,er p~graph (b) of subsection (1)

of this section, will benefit the obligor (1989 c.731 §4) •

~.255 Limit on grants and loans. 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 of funds granted and loaned by

whatever means shall not total more than

100 percent of the eligible project costs.

(Formerly 449.699; 1981 <:.312 §4)

468.260 Return of unexpended funds to

state required; use of returned funds. Any

proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the commission,

shall be returned to the commission on behalf of the State ?f Oregon to .apply upon the

retirement of principal and mterest indebtedness on obligations acquired by it from a

municipal corporation, city, county or agency

of the State of Oregon, or any combinations

thereof. [Formerly 449.701)

COUNTY POLLUTION 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 of obligations 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 or under construction 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 of solid waste, thermal, noise, atmospheric or water pollutants, contaminants; or'

products therefrom.

(3) "Governing body" means the county

court or board of county commissioners. (1974

u. c.34 §2)

No~e: ~.263 tQ 468.272 were ena~ intQ law by the Legulative Assembly but were not aaded to or made

!l p~ of qas chapter 468 or any series therein by legi.slaeve action. See Preface to Oregon Revised Statutes

for further e%planation.

468.264 Policy. The Legislative Assembly

finds:

(1) That control of environmental damage

and general health and welfare of the citizens of the 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 such installation. (1974 SoS. c.34 §ll

Note: See nata UZ1Iia' 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 shall have 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 furo

o

o
ENVIRONlVIENTAL QUALITY GENERALLY

•

•

•

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 cover all debt service requirements 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 of the 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 of carrying out any of its powers under

ORS 468.263 to 468.272.

(e) Whenever the governing body finds

such loans to be in the furtherance of the

purposes of ORS 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 collect interest on such loans and

pledge the proceeds thereof as security for

the payment of the 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 thereof from a facility as security for the payment of the principal of and

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 of ORS 468.263 to 468.272.

(i) To acquire and hold obligations of any 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 'of bonds 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 of bonds. (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 of the proceeds of revenue bonds issued pursuant to

ORS 468.263 to 468.272 as shall be specified

in the proceedings of the governing bOodv by

which the issuance of bonds 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 of each bond.

(2) The 'bonds:

(a) May be 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 form r

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 or without premium;

(h) May be executed by such officers and

in such manner,

(i) May contain such provisions not inconsistent with ORS 468.263 to 468.272;

as shall be soecified in the proceedings of the

governing body by which issuance of the

bonds shall have been authorized.

(3) Bonds may be sold at public or private

sale in such manner and from time to time

as may be determined by the governing body

to be most advantageous.

(4) Issuance by the county of one or more

series of bonds for one or more purposes

shall not preclude it from issuing other

36-681
468.267 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 of the county at any time

outstanding may be refunded if permitted by

the conditions of issuance, at any time and

from time to time by the' issuance of its refunding bonds in such amount as the governing body may deem necessary but not

exceeding an amount sufficient to refund the

principal of the bonds so to be refunded, together with any unpaid interest thereon and

any premiums and commissions necessary to

be paid in connection therewith. Any such

refunding may be effected whether the bonds

to be refunded shall have then matured or

shall thereafter mature, either by sale of the

refunding bonds and the application of the

proceeds thereof for the payment. of the

bonds to be refunded thereby, or by the exchange of the 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 of and interest on any bonds shall be 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 any part of the facilities from

which the revenues, proceeds or receinta so ed may be derived, including any enements thereof and 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 respecting the maintenance of the 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 of default, and such other provisions "net iiiconsistent with ORS 468.263 to

468.272, all as the governing body shall 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

of the bonds shall continue effective until the

principal of and interest on the bonds for the

benefit of which the same were made have

been fully 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 any mortgage securing such bonds

may provide that, in the event of a default in

the payment of the principal of or the interest on such bonds or in the performance 'of

any agreement contained in such proceedings

or mortgage, such payment and performance

may be enforced by suit, mandamus or by the

appointment of a receiver with power to

charge and collect rents 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 of the bonds

secured thereby may become the purchaser

at any foreclosure sale if the 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 of the holders of the bonds, whether or not a mortgage is entered into as security for such bonds. 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

of the United States, obligations guaranteed by the United States or certificates of deposit 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 extent permitted by such proceedings, buy

bonds issued under ORS 468.263 to 468.272 to

the same extent as if it were not such trustee. The proceedings authorizing the bonds

may provide that some or all of the proceeds of the sale of the bonds, the revenues of any

o

o

36-682

·0
ENVIRONMENTAL QUALITY GENERALLY

•

•

•

facilities, the proceeds of the sale of any part . of a 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 of leasehold 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 ORa 468.263 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 of Oregon. Such leasehold interest

is classified,for purposes of taxation as having the same value as the fee interest in that

property. [1974 s.a, c:.34 §8]

Note: See note under 468.263.

468.271 Effect on procedure of awarding 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 of this 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 end the provisions

of Olt"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 of bonds 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 of bonds 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; renumbered 468A.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; 19.77 c.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; renumbered 408A.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 [Formerly 449.959; 1983 c:.338 §935; 1991 c:.331

S68;.ret'umbered 468A.395 in 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 used in 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 of the

Department of Environmental 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) "Treatment works" means:

(a) The devices and systems used in the

storage, treatment, recycling and reclamation

of municipal sewage or industrial wastes of

a liquid nature, 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

treatment units and clear well facilities; and

(e) Any other acquisitions that will be

an integral part of the treatment process or

used for ultimate disnosal of residues 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' water runoff, industrial waste or waste

in combined storm water .and sanitary sewer

systems.

(c) Any other facility that the commission determines a public agency must construct or replace in order to abate or prevent

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 not added 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 of this 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

of the treatment works;

(2) To accept and use any federal grant funds available to capitalize a perpetual revolving loan fund; 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 than or equal to market interest

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 the purposes described in ORS

468.429.

(2) The Water Pollution Control Revolving Fund shall consist of:

(a) All capitalization grants provided by

the Federal Government under the federal

Water Quality Act of 1986;

(b) All state matching funds appropriated

or authorized by the legislature;

(c) Any other revenues derived from gifts,

grants or bequests pledged to the state for

the purpose of providing financial assistance

for water pollution 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 of the fund.

(3) The State Treasurer may invest and

reinvest moneys in the Water Pollution Control 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 under 468..423.

468.429 Uses of revolving 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 or replacement of treatment works.

o

o

36-684
ENVIRONMENTAL QUALITY GENERALLY

•

•

•

(b) For the implementation of a management program established under section 319

of the federal Water Quality Act of 1986 relating to the management of nonpoint

sources of pollution.

(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 of public agencies if

such debt was Incurred after March 7, 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) To pay the expenses of the department

in administering the Water Pollution Control

Revolving Fund. (1987 e.648 §4)

Note: See note under 468.423-

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: See note under 468.423.

488.435 (1983 e.21S §2; repealed by 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 department on 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 the Water

Pollution Control Revolving Fund: If a public

agency relies on borrowing authority granted

by charter or law other than ORS 468.439,

then with the consent of the department and

notwithstanding any limitation or requirement of the charter or law, the public agency

may borrow directly from the Water Pollution Control Revolving Fund" without pub408.440

lishing a notice of sale, 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 of revenue or other acceptable

source of revenue 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 such funds be applied to the

payments and deposited into the fund. If the

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 other loan documentation. (1987

e.ti48 §6; 1989 e.560 §3J "

Note: See nate under 468.423.

468.439 Borrowing authority of public

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) Enter into 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: See note under 468.223-

468.440 Loan terms and interest rates;

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.g Fund 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.

36-685
468.659 PUBLIC HEALTH.'lliD SAFETY

(b) The ability of a public agency to repay a loan.

(c) Current market rates of interest.

(d) The size of the community or district

to be served by the treatment works.

(e) The type of project financed.

(£) The ability of the' applicant to borrow

elsewhere.

(2) The commission may establish an interest rate ranging from zero to the market

rate. The term of a 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 under 468.423.

408.450 (Formerly 449.840; repealed by 1991 c.920

§241

468.4.53 (1977 c.650 §3; 1979 c.l81 §1; renumbered

468A.S50 in 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; 1979 c.l81 §3; 1991 c.920 §19; renumbered. 468A.595 in

1991) .

408.465 (Formerly 449.935; 1975 c:.559 §6; repealed by

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(Formerly 449.939; 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 (Formerly 449.865; 1991 c.S9O §1; renum.bend

468A.l2O in 1991]

. 468..S25 (Formerly 449.867; 1991 'c.S90 §2; renum.bend

46&U25 in 1991]

468.S3O (Formerly 449.885; 1983 c.233 §1; renumbered

468A.130 in 1991]

468..S15 (l973 c.S35 §99; 19S7 c.660 §28; 1.987 c.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- bered 468A;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'ed 468A.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; repealed by 1987 c.414 §172]

468.62l (1989 c.903 §6; renumbered 468A.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; renumbered 468A.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[1983 c.333 §§5. 6; 1991 c.752 §20; renumbered

468A.480 in 1991]

RESOURCE CONSERVATION TRUST . 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

of Environmental 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 adopted by the 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 or environmental education,

(6) '"Resource recycling project'" means a

program that provides an economic incentive

to effective recycling and reduces contamination of the waters of this state caused by debris. (1.989 c.917 §2)

o

o

o

-36..686 _
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 that by use of the

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

of the waters of this state caused by plastic

and other debris.

(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: See note 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 of trust fund 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

General Fund. The principal of the trUst fund

shall be perpetual and inviolate. The fund

shall be divided into two subaccounts to be

managed separately:

(a) A habitat conservation subaccount;

and

(b) A waste 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 subaccounts by 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.ft or

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 deposited in 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 shall determine the amount of the state

budget spent from 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. (1989 c.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;

36-687
468.665 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 of its members as

servation Fund Act of 1965, as amended, 16 chairperson, with such duties and powers as

U.S.C. 4601; and are provided by rules of the 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 of the commission. (a) One ;'t!presentative from the State

the moneys in the Resource Conservation Fish and 'Wildlife Commission;

Sinking Fund may be invested as provided by (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 Sinking Fund. (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 and investment earnings 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 of the Senate shall ap0.... point one member who has expertise in sembly may 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 appoint one member who 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 'not be used for 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- staff support necessary for the board to carry

tion and waste reduction are managed for out its duties and responsibilities under ORS

their respective purposes as set forth in sub- 468.659 to 468.685. (1989 c.917 §51

section (1) of this section. If a balance re- No~: See nate w:zder 468.659.

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 Habitat Conall existing obligations and liabilities of the servation Trost Fund Board established in

fund has been set aside, the surplus remain- ORS 468.666 in the performance of its funeing may be transferred to the ~rincipal of the tions, the board may establish such advisory

Resource Conservation Trust Fund at the di- and technical committJaes as the board conrection of the commission. (l989 c.917 §41 siders necessary. These committJaes may be

Note: See nate W1Iier 468.659. 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 coming year, based on inter- Note: See nota uzsder 468.659.

est and other earnings, gifts and grants and 4Q!.668 Plan to determine eligibility of

after admjnjstrative expenses are deducted, habitat conservation projects for funding;

for funding habitat and waste reduction pro- contents. (1) The State Department of Fish

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 under 468.659. (2) of this section, shall develop a proposed

36-688

o

o
ENVIRON1'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) Supporting projects 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 natural values.

(b) Requirements for applying for moneys

from the habitat conservation subaccount of

the Resource Conservation Sinking Fund 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 completion of the proposed. plan,

the State. Department of Fish and Wildlife

shall submit the plan to the Habitat Conservation Trust Fund 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 shall be submitted· to the approoriate legislative committee on October 1 ot each year, beginning in

1991. (1989 e.911 §9; 1991 c.67 §1321

Note: See note UDder 468.659.

468.669 Review and approval of pian.

The Habitat Conservation Trust Fund Board

shall review the proposed plan submitted under ORS 468.668 and approve the plan or retum 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 note under 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

plan approved under ORS 468.669.

(2) The Habitat Conservation TrUst Fund

Board shall allocate up to 50 percent of the

moneys available under ORS 468.665 for

468.672

habitat conservation projects and purposes

in accordance with the plan approved unde;

ORS 468.669; (1989 e.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 of tax-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 material re1ating to the I

appreciation and conservation of land, 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 of habitat conservation project. (1) Any person may nominate a habitat conservation project for

approval by the Habitat Conservation Trust

Fund Board under ORS 468.670.

(2) A nomination submitted under subsection (1) of this section shall be 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) of this section, the board shall either:

(a) Approve the proposal and provide the

requested funding for the project; or

(b) Deny the proposal.

36-689
468.673 PUBLIC HEALTH AND SAFETY

(4) The Habitat Conservation Trust Fund

Board shall approve for implementation only

those habitat conservation projects that meet

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 any funds to the applicant

until the applicant presents evidence that the

agency has granteii the permit or license.

[1989 <:.917 §l8] .

Note: See note under 468.659.

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 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 board for implementation

of a project including but not 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 of any 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 of the project. (1989 <:.917

§21] •

Note: See note under 468.659.

468.674 Staffing of habitat conservation projects. The State Department of Fish

and WIldlife shall provide staff' for overseeing

the habitat conservation projects described

in ORS 468.671 and for the day-to-day operation of the Habitat Conservation Trust Fund

Board, including scheduling meetings, providing public notice of meetings and other

board activities and keeping records of board

activities. [1989 <:.917 §241

Note: See note under 468.659.

(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 provided by 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- ing industry; and . . .

(c) One representative with waste hauling and recycling experience.

(2) The President of the Senate shall anpoint two members, to include: .

(a) One representative with recycling experience who is .not a member of the waste

hauling industry; and .

(b) One representative with expertise in

natural resource education. '

(3) The Speaker of the House of Representatives 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

staff support necessary for the board to carry

out its duties and resoonsibilities under ORS

468.659 to 468.685. [1989 <:.917 §6J

Note: See note under 468.659.

468.676 Advisory and technical committees. To aid and advise the Waste Reduction Trust Fund Board established in

ORS 468.675 in. the performance of its 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 under 468.659.

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 of resource recy- cling projects for funiiing under ORS 468.680.

In developing the plan, the department shall

consider an relevant data. The plan shall include:

(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 Reduction Trust Fund Board shall

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 Reduction Trust Fund Board

shall allocate moneys according to the plan

approved under ORS 468.678.

(2) The Waste Reduction Trust Fund

Board shall allocate up to 50 percent of the

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: See uota under 468.659.

468.680 Allocation of moneys in waste

reduction subaccount. In allocating moneys

from the Resource. Conservation Sinking

Fund, the Waste Reduction Trust Fund

Board shall allocate the moneys deposited to

the sinking fund waste reduction subaccount,

for one-year or multiyear programs to:

(1) Finance projects to develop secondary

markets for recycled products in Oregon.

(2) Fund grants at a ratio of'a two dollars

of trust fund 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 of recyclables 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 if the waste is recycled and partic- ipants are educated about resource recycling (b) Requirements for applying for 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. (1989 c.917 HOl the Waste Reduction Trust Fund Board unNote: See nate under 468.659. der ORS 468.678.

(2) A nomination submitted under subsection (1) of this section shall be 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 under 468.659.

468.682 Rules. (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 board for 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 of any cooperating a~ency provid- ing staff services for the board's access to

the project area;. and

36-691
468.683 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 of resource recycling

Erojects. The Department of Environmental

Quality shall provide staff for overseeing the

resource recycling projects described in ORS

468.680 and for the day-to-day operation .of

the Waste Reduction Trust Fund Board, including scheduling meetings, providing public

notice of meetings and other board activities

and keeping records of board 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 of such credit based. 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 (1989 c.833 §17; renumbered 468B.150 in 19911

46S.692 (1989 c:.S33 §18; renumbered 468B.155 in 19911

468.693 (1989 c:.S33 §19~ 1991 c.67 §133; renumbered

468B.l60 in 1991]

468.694 (1989 c:.S33 §2.5;renumbered 468B.165 in 1991]

468.695 (1989 c:.S33 §27; renumbered 468B.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; renumbered 468B.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 (Formerly 449.083; 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 (Formerly 449.103; 1979 c.584 §1; renumbered

468B.060 in 1991]

468.750 (Formerly 449.111; 1975 c.172 §1; renwnbered

468B.065 in 1991]

468.'755 (Formerly 449.113; renumbered 468B.070 in

1991]

.468.150 (Formerly 449.137; 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; renumbered 468B.455 in 19911

468.821 (1989 c.859 §2; rem1lT!bered 468B.460 in 19911

468.823 (1989 e.l042 §2; renumbered 468B.475 in 1991]

468.825 (1989 e.l042 §3; renumbered 468B.480in 19911

468.827 (1989 e.l042 §4; renumbered 468B.485 in 19911

468.829 (1989 c.l042 §5; renumbered 468B.49O in 19911

468.831 (1989 e.l082 §§2, 5; renumbered 468B.495 in

1991]

468.B33 Cl989 e.l082 §3; rem1lT!bered 468B.500 in 1991]

USED OIL RECYCLING

468..850 Definitions for ORS 468.850 to

468..871. As used in ORS 468.850 to 468.871

unless the context requires otherwise:

(1) "Commission" means the Environmental Quality Commission.

(2) "Department" means the Department of Environmental Quality. '

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

for reuse as a 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 or jurisdictional 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 of impurities or loss

of original 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 each year in the state;

(2) Used oil is a valuable petroleum re--

source which can be recycled; and _

(3) In spite of this potential for recycling,

significant quantities of used oil are

wastefully disposed of or improperly used by

means which pollute the waters, land and air

and endanger the public health and welfare.

(1977 c.483 §3J

Note: See note under 468.850.

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 protect public health

and welfare. (1977 c.483 §4]

Note: See nate under 468.850.

468.859 Used oil infor:ma,tion center;

public education. The department shall

conduct a public education program to inform the public of the 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 may be 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 under 468.850.

468.862 Recycling information to be

posted. The commission shall adopt rules, in

accordance with the provisions of ORS

468.020, reauiring sellers of more than 500

gallons of rubrication or other oil annually..

in containers for use off the premises, to post

and maintain at or near the point of _sale

durable and legible signs, Unless otherwise

prohibited by law, informing the public of the

importance oflroper collection and disposal of used 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: See note under 468.850.

468.865 Prohibited disposal of used 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 under 468.850.

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 under 468.850.

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 shall include but

need not be limited to 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 shall insure that the rules do not

discourage the recovery or recycling of used

oil in a manner that is consistent with the

protection of human health, safety and theenvironment. (1989 c.268 §2]

Note: See note under 468.850.

468.870 Use for dust suppression or as

herbicide. Except to the extent that a use

of used oil is prohibited or regulated by fed.. eral law, the rules adopted under ORS

468.869 shall not prohibit or regulate the use

of used oil for dust suppression or as. an

herbicide if the used oil is generated by a

36-693
468.871 PUBLIC HEALTH AND SAFETY ".

business or industry and does not contain

polychlorinated biphenyls, or contain or

show a characteristic of hazardous 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 generator WIth the wntten approvalof ~h~ property o~er on whose property the oil IS to be applied. [1989 c:.268 §3) .

Note: See note under 468.550.

Note: Section 5, chapter 268, Oregon Laws 1989,

provides:

Sec. 5. No later than 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'[1987 c:.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: renumbered 468A.735 in 1991]

468.891 (1987 c:.741 §1l; renumbered 468A.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; renumbered 468A.755 in 1991]

468.S99 (1987 c:.741 §lS: renumbered 468A.760 in 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 lieu of 468.901)]

. 468.s02 (1985 c:.137' §3: repealed by 1987 c:.539 §3

(466.715 enacted in lieu of 4SS.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 of 468.905)]

468.S08 (l977 c:.S67 §25; renumbered 466.5151

468.90'7 (1985 c:.737 §S; ~ealed by 1987 c:.S39 §29

(46S.805 enacted in lieu of 468.907)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: renumbered 466.530]

RECLAIMED PLASTIC PRODUCT TAX

CREDIT

468.925 Definitions for ORS 468.925 to

468.965. As used in 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 , Oregon industrial consumer, commercial user

or post-consumer waste that is sold for the

purpose of making an end product out of reclaimed plastic and is intended to be used to

manufacture a nonmedical or nonfood plastic

product. .

(4) "Reclaimed plastic product" means a

plastic product for which the m~~~ty of the

plastic used in the product is re . ed plastic. (1985 c:.684 §3; 1989 c:.958 sn

468.930 Policy. In the interest of the

public peace, health and safety, it is the poliCy of the State of Oregon to assist in the

prevention, control and reduction of solid

waste in this state by providing tax relief to

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 apply to the commission for certification

under ORS 468.940 of an: investment made 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.

o

o

..

36-694
I~'-

I •..

'.•." '\' ]; \~ ,

"".. -,,'

.....•\ ":

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 ber for each such facility.

the materials incorporated therein, all ma- (2) If the commission rejects an applicachinery, personal property and equipment .tion for certification, or certifies a lesser acmade a part thereof, tb.ee.'Usting or proposed tual cost of the investment or a lesser

operational procedure thereof, and a state- portion of the actual cost properly allocable

ment of the proposed use of the reclaimed to collecting, transporting or processing replastic product and the portion of the actual claimed plastic or to the' manufacture of a

cost properly. allocable to collecting, trans- reclaimed- plastic product than was claimed

porting or processing'reclaimed plastic or to in the application for certification, the comthe process of manUfacturing such reclaimed mission shall cause written. notice of its

plastic product as set forth 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 of the commission to act :

by a fee established under subsection- (5) of constitutes approval of the application.

.this section. The fee may be refunded if the (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 of the invest-

(5) By rule and after hearing the com- ment, or if the 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 468.110 before the 30th day afmated by the COIIlII1lSS10n. Any excess fees ter notice was mailed by the commission.

shall be held by the department and shall be . . . . used by 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 of the . 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 of the cost of the investment cordance with the requu-ements of ORS .- . to be certified. 468.935 and 468.945.

(6) Any person applying for certification (b) No determinatio?, of the proportion of .. of investment 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) A person receiving a certificate under

credit certification. An application shall not this section may take tax relief only 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 of the person's trade or business..

~t an ~ension of time to tile an applica- (6) If the person receiving the certificate

tion for .C1I'cumstances beyond th~ control. ot is a partnership, each partner shall be entithe applicant that would make a timely filing tIed to take tax credit relief as provided in

unreasonable. (1985 c.684 §4; 1989 c.958 §3] ORS 316.103, bas~d on that partner's pro 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 which five-year period sh~ begm

ORS 468.935. The action of the commission Wlth the tax yeu of the person In which the

shall include certification of the actual cost investment is certified under this section.

of the' investment and the portion of the 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<,r
468.950 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 of the receipt of a request for .preliminary certification, the department may require, as a condition

,:p,reced,ent to issuance of a prelimjnary cer- "~ tificate .or approval, the' submission of plans

:and speci.;icatiop.s. After examination 'thereof,

, the, department may request corrections and

.reVlSlpns -to the 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) If the department determines that the

proposed investment is in accordance with

the provisions of CRS chanters 459 and 459A

.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 and ORS 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 of approval 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. Except ifthe

COIIlIIUSSlon, under ORS 468.945 (1), waives

the requirement for 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 and 459A and ORS chapters 468, .

468A and 468B and the applicable rules' or

standards adopted pursuant thereto. (1985 c:.684

§7; 1989 <:.958 §6]

468.955 Revocation of certificate; consequences. (1) Pursuant to the procedures

for a contested case under ORS 183.310 to

183.550, the commission may order the revocation of the certification issued under ORS

468.940 of any investment, if it finds that:

(a) The certification was obtained bv

fraud or misrepresentation; or .

(b) The holder of the certificate has 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 of such order.

(3) If the certification of an investment

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

shall proceed to collect those taxes not paid

by .the certificate -hclder as 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 holder shall be denied any further relief

provided under ORS 316.103 or 317.106 in

connection with such investment, as the case

may be, from and after the 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 or process reclaimed plastic 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) If applicable, the e:ttent to which the

collection, transportation, processing or

(

I '

I ,'_ •

- / .'

./

.:\i <:.>:

36-696
r

"

'.

. '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 (1973 c:.S35 §2S; subsection (5) formefly p~ of 448.990; enacted as 1973 c.B35 §177a; 1989 c.S59§6; 1991·'

c.764 §7; renumbered 468B.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 'therecf shall..'. .:~.

be punishable by a fine of, not more than;. ," ~:~'~',

$25,000 or by imprisonment in the county jail:": ,.'

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 and 468B 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' of ORS 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 issued pursuant to ORS 459.205 to::459.426.r'.

459.70S to 459.790, OBS chapters .465, 466'or467 or 468,468A and 468B, whichresults-in

or creates the imminent likelihood. for» an

extreme hazard 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) As used in this section:

(a) "Intentionally" means' conduct oy a

person with a conscious objective to cause

the result of the 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 establishing the portion of. the actual cost

of the investment except return 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 shall be from zero to 100 percent in

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 of costs 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 preliminary certification from the commission

for tax credits, in any calendar year shall not

exceed $1,500,000. If the 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 contained in 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

certified for any investments shall not exceed

$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 of how the previously certified' investments meet the criteria of ORS 468.925 to 468.965. The increased

allocation to previously certified investments

under this·subsection shall not include any

of the $500,000 reserved under subsection (2)

of this section. (1985 c.684 §10; 1989 c.958 §91

46B.967 (1989 c.l072 §1; renumbered 459A.775 in 1991]

468.968 (1989 c.1072 §§2. 3, 4; renumbered 459A.780

in 19911

468.969 (1989 c.l072 §5; renumbered 459A.785 in 19911

468370 [1987 c.695 §1; 1989 e.958 §9; r=umb~

454.430 in 1989)

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36·691
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