837-090-1030 State Fee Schedules (1) Three state fee schedules shall be developed annually as the basis for assessing each person returning Hazardous Substance Information Survey (see OAR 837-090-1000 to 837-090-1045) a Hazardous Substance Possession Fee. (2) The annual fee assessed under each schedule shall be based upon the single largest maximum aggregate quantity of substance reported in the Hazardous Substance Information Survey that is manufactured, stored, or otherwise possessed by a facility during the survey year. (3) The programs to be funded from fees collected under ORS 453.396 to 453.414 and these rules, and the range of the fee schedules that may be considered, beginning July 1989, are as follows: (a) For funding the Community Right to Know and Protection Act, not less than $25 and not more than $2,000 per facility; (b) For funding the Toxics Use Reduction and Hazardous Waste Reduction Act, not less than $25 and not more than $2,000 per facility; (c) For each employer's share of a total of up to $1 million to be deposited into the Orphan Site Account established under ORS 465.381, not less than zero and not more than $9,000 per facility. This schedule shall not require an employer to pay a total more than $25,000 for all facilities. (4) Employers that believe a billing error has occurred may request a fee review. Fee review requests must be made in writing to the Office of State Fire Marshal within 20 days of the billing mail date. Fee review requests must include the company name, facility ID number, site address, name of the substance the fee was based on, amount of the fee assessed, telephone number and the reason for requesting a review. (5) Any dispute as to the amount or validity of a hazardous substance fee assessment shall be resolved in accordance with the appeals process procedures outlined in the Administrative Procedures Act (APA), ORS 183.025 to 183.725, unless specifically addressed in these rules. (6) The Office of State Fire Marshal adopts by reference the Hazardous Substance Possession Fee schedules effective July 1, 2016. Copies of these fee schedules are available for review at the central office of the State Fire Marshal during normal business hours or online at http://www.oregon.gov/OSP/SFM/Pages/index.aspx (7) If a person can provide evidence that all or part of their propane is derived from the refining of crude oil, the fee assessment Reporting Quantity Range and the fee shall be adjusted accordingly; (8) If a person can provide evidence that all or part of their propane is used to power motor vehicles licensed for public highway use, the fee assessment Reporting Quantity Range and the fee shall be adjusted accordingly. Statutory/Other Authority: ORS 453.408, 833 & 1071 Statutes/Other Implemented: ORS 453.402 History: OSFM 1-2016, f. & cert. ef. 7-1-16 OSFM 1-2015, f. 6-22-15, cert. ef. 7-1-15 OSFM 4-2014, f. & cert. ef. 7-1-14 OSFM 2-2013, f. 6-26-13, cert. ef. 7-1-13 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 Reverted to FM 7-1992, f. 6-15-92, cert. ef. 7-15-92, Renumbered from 837-090-0900 FM 9-1992(Temp), f. & cert. ef. 9-28-92 FM 7-1992, f. 6-15-92, cert. ef. 7-15-92, Renumbered from 837-090-0900 Reverted to FM 4-1989, f. & cert. ef. 8-31-89 FM 3-1991(Temp), f. & cert. ef. 12-23-91 Reverted to FM 4-1989, f. & cert. ef. 8-31-89 FM 7-1990(Temp), f. & cert. ef. 11-15-90 FM 4-1989, f. & cert. ef. 8-31-89