CCLME.ORG - Marine Water Quality

(continued)

(a) Establish one or more accounts in the Water Pollution Control Revolving Fund, make covenants for the benefit of bondowners regarding the deposit of amounts into those accounts and the use of amounts in those accounts and pledge or reserve all or a portion of the amounts in the Water Pollution Control Revolving Fund to pay bonds issued to fund advances to the Water Pollution Control Revolving Fund under ORS 468.220 (1).

(b) Establish requirements for loans made from the Water Pollution Control Revolving Fund to assure that:

(A) Adequate funds are available in the Water Pollution Control Revolving Fund to permit payment of bonds that funded advances to the Water Pollution Control Revolving Fund; and

(B) Adequate funds will be available in the Water Pollution Control Administration Fund to pay for costs of the program and costs of operating the Water Pollution Control Revolving Fund.

(c) Exercise any remedies available to the department in connection with defaults on loans of advanced funds to public agencies.

(d) Take any other action reasonably necessary to develop the program and provide for the payment of bonds issued to fund advances to the Water Pollution Control Revolving Fund.

(3) The department may make loans to finance treatment works that are funded in part from advances or grants to the Water Pollution Control Revolving Fund, and in part from funds available under ORS 468.220 (1). These loans may have a blended interest rate that reflects their different sources of funding, and repayments of these loans may be allocated proportionally between the Water Pollution Control Revolving Fund and the Pollution Control Sinking Fund. [1987 c.648 §5; 1993 c.411 §8; 1995 c.79 §281]

468.435 [1983 c.218 §2; repealed by 1985 c.222 §6]

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 of Environmental Quality on the form provided by the department. The department may require 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 publishing a notice of sale, providing an official statement or following any other procedures designed to provide notice or information to potential 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 agreement or other loan documentation. [1987 c.648 §6; 1989 c.560 §3]

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 of Environmental Quality;

(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 department regarding the operation of treatment works and the imposition and collection of rates, fees and charges for the treatment works;

(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; and

(5) Provide any additional security and exercise any powers permitted to an issuer of revenue bonds under ORS 288.825. [1989 c.560 §2; 1993 c.411 §9]

468.440 Loan terms and interest rates; considerations; rules. (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 adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In establishing the policy, the commission shall take into consideration at least the following factors:

(a) The capability of the project to enhance or protect water quality.

(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.

(f) The ability of the applicant to borrow elsewhere.

(g) Whether advances have been made to the Water Pollution Control Revolving Fund from the Pollution Control Fund that must be repaid to the Pollution Control Sinking Fund.

(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 may adopt rules to implement the program to loan amounts in the Water Pollution Control Revolving Fund to public agencies as set forth under ORS 468.433 (2).

(4) 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; 1993 c.411 §10; 1995 c.79 §282]

468.450 [Formerly 449.840; repealed by 1991 c.920 §24]

RECLAIMED PLASTIC PRODUCT TAX CREDIT

468.451 Definitions for ORS 468.451 to 468.491. As used in ORS 468.451 to 468.491:

(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 Oregon 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 majority of the plastic used in the product is reclaimed plastic. [Formerly 468.925]

468.453 [1977 c.650 §3; 1979 c.181 §1; renumbered 468A.550 in 1991]

468.455 [Formerly 449.930; 1975 c.559 §4; 1977 c.650 §4; 1979 c.181 §2; repealed by 1991 c.920 §24]

468.456 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. [Formerly 468.930]

468.458 [1975 c.559 §2; repealed by 1991 c.920 §24]

468.460 [Formerly 449.933; 1975 c.559 §5; 1977 c.650 §5; 1979 c.181 §3; 1991 c.920 §19; renumbered 468A.595 in 1991]

468.461 Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; fee. (1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.466 of an investment made by the person in Oregon to allow the person to collect, transport or process reclaimed plastic or manufacture a reclaimed plastic product.

(2) The application shall be made in writing in a form prescribed by the Department of Environmental Quality and shall contain information on the actual investment including a description of the materials incorporated therein, all machinery, personal property and equipment made a part thereof, the existing or proposed operational procedure thereof, and a statement of the proposed use of the reclaimed plastic product and the portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the process of manufacturing such reclaimed plastic product as set forth in ORS 468.486.

(3) The Director of the Department of Environmental Quality may require any further information the director considers necessary before a certificate is issued.

(4) The application shall be accompanied by a fee established under subsection (5) of this section. The fee may be refunded if the application for certification is rejected.

(5) By rule and after hearing the commission may adopt a schedule of reasonable fees which the department may require of applicants for certificates issued under ORS 468.466. Before the adoption or revision of any such fees the commission shall estimate the total cost of the program to the department. The fees shall be based on the anticipated cost of filing, investigating, granting and rejecting the applications and shall be designed not to exceed the total cost estimated by the commission. Any excess fees shall be held by the department and shall be used by the commission to reduce any future fee increases. The fee may vary according to the size and complexity of the investment. The fees shall not be considered by the commission as part of the cost of the investment to be certified.

(6) Any application for certification must be made after the equipment, personal property or machinery necessary to collect, transport or process reclaimed plastic or manufacture a reclaimed plastic product is acquired or constructed and on or before December 31, 2001. Failure to file a timely application shall make the investment cost ineligible for tax credit certification. An application shall not be considered filed until it is complete and ready for processing. The commission may grant an extension of time to file an application for circumstances beyond the control of the applicant that would make a timely filing unreasonable. However, the period for filing an application shall not be extended to a date beyond December 31, 2001. [Formerly 468.935; 1995 c.746 §8]

468.465 [Formerly 449.935; 1975 c.559 §6; repealed by 1991 c.920 §24]

468.466 Action on application; rejection; appeal; certification of investment. (1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.461. The action of the commission shall include certification of the actual cost of the investment and the portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product as set forth in ORS 468.486. Each certificate shall bear a separate serial number for each such facility.

(2) If the commission rejects an application for certification, or certifies a lesser actual cost of the investment or a lesser portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product than was claimed in the application for certification, the commission shall cause written notice of its action, and a concise statement of the findings and reasons therefor, to be sent by registered or certified mail to the applicant before the 120th day after the filing of the application. Failure of the commission to act constitutes approval of the application.

(3) If the application is rejected for any reason, including the information furnished by the applicant as to the cost of the investment, or if the applicant is dissatisfied with the certification of actual cost or portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product, the applicant may appeal from the rejection as provided in ORS 468.110. The rejection or the certification is final and conclusive on all parties unless the applicant takes an appeal therefrom as provided in ORS 468.110 before the 30th day after notice was mailed by the commission.

(4)(a) The commission shall certify an investment, for which an application has been made under ORS 468.461, if the commission finds that the investment was made in accordance with the requirements of ORS 468.461 and 468 471.

(b) No determination of the proportion of the actual cost of the investment to be certified shall be made until receipt of the application.

(5) A person receiving a certificate under this section may take tax relief only under ORS 315.324, depending upon the tax status of the person’s trade or business.

(6) If the person receiving the certificate is a partnership, each partner shall be entitled to take tax credit relief as provided in ORS 315.324, based on that partner’s pro rata share of the certified cost of the investment.

(7) Certification under this section of an investment qualifying under ORS 468.461 shall be granted for a period of five consecutive years which five-year period shall begin with the tax year of the person in which the investment is certified under this section. [Formerly 468.940]

468.470 [Formerly 449.937; 1974 c.40 §1; 1975 c.559 §7; 1977 c.650 §6; 1979 c.181 §4; repealed by 1991 c.920 §24]

468.471 Preliminary certification of investment. (1) Any person proposing to apply for certification of an investment under ORS 468.461, 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 Environmental Quality Commission may waive the filing of the application if it finds the filing inappropriate because special circumstances render the filing unreasonable and if it finds such investment would otherwise qualify for tax credit certification pursuant to ORS 468.451 to 468.491.

(2) Within 30 days of the receipt of a request for preliminary certification, the department may require, as a condition precedent to issuance of a preliminary certificate of approval, the submission of plans and specifications. After examination thereof, the department may request corrections and revisions to the plans and specifications. The department may also require any other information necessary to determine whether the proposed investment is in accordance with the provisions of ORS chapters 459 and 459A 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 ORS chapters 459 and 459A and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall issue a preliminary certificate approving the investment. If the department determines that the investment does not comply with the provisions of ORS chapters 459 and 459A and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, the commission shall issue an order denying certification.

(4) If within 60 days of the receipt of plans, specifications or any subsequently requested revisions or corrections to the plans and specifications or any other information required pursuant to this section, the department fails to issue a preliminary certificate of approval and the commission fails to issue an order denying certification, the preliminary certificate shall be considered to have been issued. The investment must comply with the plans, specifications and any corrections or revisions thereto, if any, previously submitted.

(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 of Environmental Quality. The hearing shall be conducted in accordance with the applicable provisions of ORS chapter 183. [Formerly 468.945]

468.472 [1975 c.559 §9; repealed by 1991 c.920 §24]

468.474 [1975 c.559 §10; repealed by 1991 c.920 §24]

468.475 [Formerly 449.939; 1975 c.559 §11; 1977 c.650 §8; 1979 c.181 §5; repealed by 1991 c.920 §24]

468.476 Final certification. Except if the Environmental Quality Commission, under ORS 468.471 (1), waives the requirement for preliminary certification, no final certification shall be issued by the commission under ORS 468.466 unless the investment was made in accordance with the requirements of ORS 468.471 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. [Formerly 468.950]

468.480 [Formerly 449.941; 1975 c.559 §12; 1977 c.650 §10; 1979 c.181 §6; repealed by 1991 c.920 §24]

468.481 Revocation of certificate; consequences. (1) Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued under ORS 468.466 of any investment, 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 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 subsection (1)(a) 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 holder as a result of the tax relief provided to the holder under any provision of ORS 315.324.

(4) If the certification of an investment is ordered revoked pursuant to subsection (1)(b) of this section, the certificate holder shall be denied any further relief provided under ORS 315.324 in connection with such investment, as the case may be, from and after the date that the order of revocation becomes final. [Formerly 468.955]

468.485 [Formerly 449.943; 1974 c.36 §15; 1975 c.559 §13; repealed by 1977 c.650 §11]

468.486 Allocation of costs to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product. (1) In establishing the portion of costs properly allocable to the investment costs incurred to allow a person to collect, transport or process reclaimed plastic or to manufacture a reclaimed plastic product qualifying for certification under ORS 468.466, the Environmental Quality Commission shall consider the following factors:

(a) If applicable, the extent to which the collection, transportation, processing or 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 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 collection, transportation or processing of reclaimed plastic or to the manufacture of a reclaimed plastic product. [Formerly 468.960]

468.490 [1977 c.650 §9; repealed by 1991 c.920 §24]

468.491 Limit on costs certified by commission for tax credit. (1) The total of all costs of investments that receive a preliminary certification from the Environmental Quality 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 upon the criteria contained in ORS 468.451 to 458.491.

(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 respect 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 468.451 to 468.491. 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. [Formerly 468.965]

468.495 [1977 c.650 §7; repealed by 1991 c.920 §24]

468.500 [Formerly 449.850; renumbered 468A.100 in 1991]

GREEN PERMITS

468.501 Definitions for ORS 468.501 to 468.521. As used in ORS 468.501 to 468.521:

(1) “Agency” means either the Department of Environmental Quality or the Lane Regional Air Pollution Authority created pursuant to ORS 468A.010 to 468A.180, or both, as the context requires.

(2) “Commission” means the Environmental Quality Commission.

(3) “Environmental laws” means ORS 454.605 to 454.755, 459.005 to 459.153, 459.705 to 459.790, 459.992, 459.995, 465.003 to 465.034 and 466.005 to 466.385 and ORS chapters 468, 468A and 468B and rules adopted thereunder. “Environmental laws” does not include any provision of Oregon Revised Statutes or of any municipal ordinance or enactment that regulates the selection of a location for a new facility.

(4) “Facility” means any site or contiguous sites, any manufacturing operation or contiguous operations, or any business or municipal activity regulated under any provision of the environmental laws.

(5) “Green Permit” means a permit that provides administrative benefits or reduces regulatory requirements to facilities that meet criteria established by the Environmental Quality Commission.

(6) “Sponsor” means a person, group or association that submits a proposal under the Green Permit program. [1997 c.553 §2]

Note: 468.501 to 468.521 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.

468.503 Purpose of Green Permits. The purpose of ORS 468.501 to 468.521 is to authorize:

(1) The issuance of Green Permits to persons regulated under the environmental laws of the State of Oregon.

(2) The Environmental Quality Commission to develop Green Permit criteria that will result in the use of innovative environmental approaches or strategies not otherwise recognized or allowed under existing regulations, to achieve environmental results that are significantly better than otherwise required by law.

(3) An agency to provide or, where necessary, to seek exemptions or waivers from regulatory requirements as considered necessary to implement the provisions of ORS 468.501 to 468.521.

(4) An agency to encourage applications for Green Permits that promote pollution prevention, source reduction, more efficient use of natural resources, improvements in technology or practices, utilization of environmental management systems and creation of public and private entity partnerships that can achieve environmental results that are significantly better overall than otherwise required by law. [1997 c.553 §1]

Note: See note under 468.501.

468.505 [Formerly 449.855; renumbered 468A.105 in 1991]

468.506 Commission rulemaking to carry out Green Permit program. The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of issuance of the permits. The accepting, processing and issuing of Green Permits is a discretionary function of the commission. In establishing the criteria for Green Permits, the commission:

(1) Shall consider the objectives set forth in ORS 468.503;

(2) May establish classes or categories of Green Permits as the commission considers appropriate; and

(3) May limit the number and duration of such permits issued by the agencies for the purpose of evaluating the effectiveness of the Green Permit program. [1997 c.553 §3; 2003 c.425 §2]

Note: See note under 468.501.

468.508 Eligibility for Green Permit. Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a Green Permit. [1997 c.553 §4]

Note: See note under 468.501.

468.510 [Formerly 449.857; renumbered 468A.110 in 1991]

468.511 Environmental laws not applicable to facility operating under Green Permit. Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law, that is contrary to the terms and provisions of a Green Permit shall not apply to a facility operating under a Green Permit. Any prior conflicting permit condition shall be revised by the agency that has jurisdiction over the Green Permit. Except as specifically revised in a Green Permit, any existing environmental permit or requirement shall remain in effect, notwithstanding issuance of a Green Permit. [1997 c.553 §5]

Note: See note under 468.501.

468.513 Judicial review of agency decision on issuance of Green Permit. The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue a Green Permit may be appealed in accordance with the provisions of ORS 183.484 pertaining to review of an order in other than a contested case. [1997 c.553 §6]

Note: See note under 468.501.

468.515 [Formerly 449.870; renumbered 468A.115 in 1991]

468.516 Termination of Green Permit. If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after written notice to the permittee, terminate the Green Permit in whole or in part. The permittee may appeal the agency’s decision to terminate a Green Permit to the Environmental Quality Commission. The commission’s decision on appeal shall be an order in other than a contested case. [1997 c.553 §7]

Note: See note under 468.501.

468.518 Application for permit or approval affected by termination of Green Permit. After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Green Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a permit under the terms of the applicable law. The terms and conditions of the Green Permit shall continue in effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the environmental laws, the agency may issue an order establishing conditions for the interim operation of the facility. [1997 c.553 §8]

Note: See note under 468.501.

468.520 [Formerly 449.865; 1991 c.890 §1; renumbered 468A.120 in 1991]

468.521 Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected. The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner:

(1) The sponsor shall fully reimburse the agency for the agency’s full direct, indirect and all associated costs of conducting the review, negotiating the relevant permit revisions, responding to public comment, monitoring the provisions in the Green Permit and environmental outcomes resulting from the Green Permit and publicizing and conducting the public hearings.

(2) The agency shall appropriately document the full direct, indirect and all associated costs of the agency and collect payment for such costs from the sponsor. The agency shall collect a deposit from the sponsor, against which the agency shall bill until the deposit is depleted. When the deposit is depleted, the agency shall collect an additional deposit. The initial deposit shall accompany the sponsor’s initial Green Permit proposal and shall be in an amount not to exceed $25,000. The agency shall deliver to the sponsor an accounting of all charges and the amount of the deposit remaining at the closure of each month’s accounting records.

(3) All moneys collected by the Department of Environmental Quality pursuant to this section shall be deposited into the General Fund of the State Treasury to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality for the payment of expenses of the Department of Environmental Quality in carrying out the provisions of ORS 468.501 to 468.521. The Director of the Department of Environmental Quality shall keep a record of all moneys deposited into the State Treasury pursuant to this section and shall indicate by special cumulative accounts the source from which moneys are derived and the individual activity against which each withdrawal is charged. The fees collected under this section by the Lane Regional Air Pollution Authority 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 the funds collected by the Department of Environmental Quality under this section. [1997 c.553 §9; 2003 c.425 §3]

Note: See note under 468.501.

Note: Section 11, chapter 553, Oregon Laws 1997, provides:

Sec. 11. An agency may not issue a Green Permit after January 2, 2008. [1997 c.553 §11; 1999 c.828 §1; 2003 c.425 §1]

468.525 [Formerly 449.867; 1991 c.890 §2; renumbered 468A.125 in 1991]

468.530 [Formerly 449.885; 1983 c.233 §1; renumbered 468A.130 in 1991]

WILLAMETTE RIVER CLEANUP AUTHORITY

468.531 Legislative findings. (1) The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the presence of pollutants, hazardous substances and contaminants in the area that are not directly traceable to a particular responsible party.

(2) The Legislative Assembly finds that ORS 465.200 to 465.545 provide for joint and several liability among potentially responsible parties for the cleanup of Superfund sites. Because joint and several liability does not identify a potentially responsible party’s share of cleanup costs, remedial actions are often delayed as potentially responsible parties litigate each share of the liability.

(3) The Legislative Assembly declares that the state has the authority and the ability to facilitate cleanup of the submerged and submersible lands in the Willamette River Superfund site.

(4) The Legislative Assembly finds that cleanup of the submerged and submersible lands of the Willamette River, including the Superfund site, will provide benefits to the people of Oregon, to industries and to living resources, water quality, water uses, recreation, habitat protection, habitat preservation and other watershed qualities, and will provide significant economic enhancement to the State of Oregon. [2003 c.696 §1]

Note: 468.531 and 468.533 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.

468.533 Willamette River Cleanup Authority; purposes; membership; powers. (1) There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of:

(a) The Governor;

(b) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; and

(c) Two members of the Senate, appointed by the President of the Senate.

(2) The purpose of the authority is to:

(a) Receive periodic reports from the Department of Environmental Quality, the United States Environmental Protection Agency and potentially responsible parties involved in the remedial investigation and feasibility study process relating to the listing of the Willamette River on the National Priorities List described in 42 U.S.C. 9605; and

(b) Make recommendations to the Legislative Assembly on the amount of general obligation bonds or other bonds that would need to be issued to pay for the implementation of all or a portion of the record of decision of the remedial investigation and feasibility study process.

(3) The Governor shall serve as chairperson, and a majority of members constitutes a quorum for the transaction of business.

(4) All agencies of the state government, as defined in ORS 174.111, are directed to assist the authority in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the authority consider necessary to perform their duties.

(5) The authority may hold public meetings for the transaction of any of its business at the times and places as it may prescribe. At any such public hearing, any person interested in the matter being investigated may appear and testify.

(6) The authority shall establish such advisory or technical committees as it considers necessary to aid and advise the authority in the performance of its duties. The authority shall determine the representation, membership, terms and organization of the committees and shall appoint committee members, except that at least one advisory committee shall be composed of representatives of property owners in the area that is the subject of the remedial investigation and feasibility study, state and local environmental organizations, the Port of Portland, the City of Portland and private-sector labor representatives.

(7) Members of the advisory or technical committees are not entitled to compensation nor reimbursement for actual and necessary travel and other expenses. [2003 c.696 §3]

Note: See note under 468.531.

468.535 [1973 c.835 §99; 1987 c.660 §28; 1987 c.741 §20; renumbered 468A.135 in 1991]

468.540 [Formerly 449.910; renumbered 468A.140 in 1991]

468.545 [Formerly 449.863; renumbered 468A.145 in 1991]

468.550 [Formerly 449.890; renumbered 468A.150 in 1991]

468.555 [Formerly 449.883; 1991 c.752 §19; renumbered 468A.155 in 1991]

468.560 [Formerly 449.900; renumbered 468A.160 in 1991]

468.565 [Formerly 449.905; renumbered 468A.165 in 1991]

468.570 [Formerly 449.915; renumbered 468A.170 in 1991]

468.575 [Formerly 449.920; renumbered 468A.175 in 1991]

468.580 [Formerly 449.923; renumbered 468A.180 in 1991]

468.600 [1975 c.366 §1; renumbered 468A.650 in 1991]

468.605 [1975 c.366 §2; 1977 c.18 §1; 1977 c.206 §1; 1983 c.148 §1; renumbered 468A.655 in 1991]

468.610 [1977 c.206 §4; renumbered 468A.660 in 1991]

468.612 [1989 c.903 §2; renumbered 468A.625 in 1991]

468.614 [1989 c.903 §3; renumbered 468A.630 in 1991]

468.615 [1977 c.206 §2; repealed by 1987 c.414 §172]

468.616 [1989 c.903 §4; renumbered 468A.635 in 1991]

468.618 [1989 c.903 §5; renumbered 468A.640 in 1991]

468.620 [1977 c.206 §3; repealed by 1987 c.414 §172]

468.621 [1989 c.903 §6; renumbered 468A.645 in 1991]

468.630 [1983 c.333 §4; renumbered 468A.460 in 1991]

468.635 [1983 c.333 §8; renumbered 468A.465 in 1991]

468.640 [1983 c.333 §7; renumbered 468A.470 in 1991]

468.645 [1983 c.333 §9; repealed by 1991 c.752 §28]

468.650 [1983 c.333 §10; 1991 c.752 §19a; renumbered 468A.475 in 1991]

468.655 [1983 c.333 §§5,6; 1991 c.752 §20; renumbered 468A.480 in 1991]

468.659 [1989 c.917 §2; 1993 c.742 §106; repealed by 1997 c.82 §7]

468.660 [1989 c.917 §1; repealed by 1997 c.82 §7]

468.661 [1989 c.917 §20; 1991 c.67 §131; repealed by 1997 c.82 §7]

468.662 [1989 c.917 §3; repealed by 1997 c.82 §7]

468.663 [1989 c.917 §25; 1993 c.742 §107; repealed by 1997 c.82 §7]

468.664 [1989 c.917 §4; 1993 c.742 §108; repealed by 1997 c.82 §7]

468.665 [1989 c.917 §15; 1993 c.742 §109; repealed by 1997 c.82 §7]

468.666 [1989 c.917 §5; repealed by 1997 c.82 §7]

468.667 [1989 c.917 §8; repealed by 1997 c.82 §7]

468.668 [1989 c.917 §9; 1991 c.67 §132; 1993 c.736 §55; repealed by 1997 c.82 §7]

468.669 [1989 c.917 §11; repealed by 1997 c.82 §7]

468.670 [1989 c.917 §13; repealed by 1997 c.82 §7]

468.671 [1989 c.917 §16; repealed by 1997 c.82 §7]

468.672 [1989 c.917 §18; repealed by 1997 c.82 §7]

468.673 [1989 c.917 §21; repealed by 1997 c.82 §7]

468.674 [1989 c.917 §24; repealed by 1997 c.82 §7]

468.675 [1989 c.917 §6; repealed by 1993 c.742 §105]

468.676 [1989 c.917 §7; repealed by 1993 c.742 §105]

468.677 [1989 c.917 §10; repealed by 1993 c.742 §105]

468.678 [1989 c.917 §12; repealed by 1993 c.742 §105]

468.679 [1989 c.917 §14; repealed by 1993 c.742 §105]

468.680 [1989 c.917 §17; repealed by 1993 c.742 §105]

468.681 [1989 c.917 §19; repealed by 1993 c.742 §105]

468.682 [1989 c.917 §22; repealed by 1993 c.742 §105]

468.683 [1989 c.917 §23; repealed by 1993 c.742 §105]

468.685 [1989 c.917 §26; repealed by 1995 c.79 §283]

468.686 [1989 c.847 §2; renumbered 468B.200 in 1991]

468.687 [1989 c.847 §3; renumbered 468B.205 in 1991]

468.688 [1989 c.847 §4; renumbered 468B.210 in 1991]

468.689 [1989 c.847 §5; renumbered 468B.215 in 1991]

468.690 [1989 c.847 §6; renumbered 468B.220 in 1991]

468.691 [1989 c.833 §17; renumbered 468B.150 in 1991]

468.692 [1989 c.833 §18; renumbered 468B.155 in 1991]

468.693 [1989 c.833 §19; 1991 c.67 §133; renumbered 468B.160 in 1991]

468.694 [1989 c.833 §25; renumbered 468B.165 in 1991]

468.695 [1989 c.833 §27; renumbered 468B.170 in 1991]

468.696 [1989 c.833 §§31,33; renumbered 468B.175 in 1991]

468.698 [1989 c.833 §§36,37; renumbered 468B.180 in 1991]

468.699 [1989 c.833 §29; renumbered 468B.185 in 1991]

468.700 [Formerly 449.075; renumbered 468B.005 in 1991]

468.705 [Formerly 449.070; renumbered 468B.010 in 1991]

468.710 [Formerly 449.077; renumbered 468B.015 in 1991]

468.715 [Formerly 449.095; renumbered 468B.020 in 1991]

468.720 [Formerly 449.079; renumbered 468B.025 in 1991]

468.725 [Formerly 449.081; renumbered 468B.030 in 1991]

468.730 [1973 c.92 §3; renumbered 468B.035 in 1991]

468.732 [1985 c.569 §7; renumbered 468B.040 in 1991]

468.734 [1985 c.569 §8; renumbered 468B.045 in 1991]

468.735 [Formerly 449.086; 1985 c.673 §178; renumbered 468B.048 in 1991]

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.735 §27; renumbered 468B.055 in 1991]

468.745 [Formerly 449.103; 1979 c.584 §1; renumbered 468B.060 in 1991]

468.750 [Formerly 449.111; 1975 c.172 §1; renumbered 468B.065 in 1991]

468.755 [Formerly 449.113; renumbered 468B.070 in 1991]

468.760 [Formerly 449.137; repealed by 1991 c.764 §8]

468.765 [Formerly 449.140; renumbered 468B.075 in 1991]

468.770 [Formerly 449.150; renumbered 468B.080 in 1991]

468.775 [Formerly 449.109; 1983 c.338 §937; renumbered 468B.085 in 1991]

468.777 [1979 c.617 §2; renumbered 468B.090 in 1991]

468.778 [1983 c.257 §2; renumbered 468B.095 in 1991]

468.780 [Formerly 449.155; 1989 c.1082 §4; 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]

468.800 [Formerly 449.163; renumbered 468B.320 in 1991]

468.802 [1977 c.222 §§2,3; renumbered 468B.325 in 1991]

468.805 [Formerly 449.165; renumbered 468B.330 in 1991]

468.810 [Formerly 449.167; 1977 c.704 §11; repealed by 1985 c.733 §23]

468.815 [Formerly 449.175; renumbered 468B.335 in 1991]

468.817 [1989 c.859 §§3,5; renumbered 468B.450 in 1991]

468.819 [1989 c.859 §4; renumbered 468B.455 in 1991]

468.821 [1989 c.859 §2; renumbered 468B.460 in 1991]

468.823 [1989 c.1042 §2; renumbered 468B.475 in 1991]

468.825 [1989 c.1042 §3; renumbered 468B.480 in 1991]

468.827 [1989 c.1042 §4; renumbered 468B.485 in 1991]

468.829 [1989 c.1042 §5; renumbered 468B.490 in 1991]

468.831 [1989 c.1082 §§2,5; renumbered 468B.495 in 1991]

468.833 [1989 c.1082 §3; renumbered 468B.500 in 1991]

468.850 [1977 c.483 §2; renumbered 459A.555 in 1993]

468.853 [1977 c.483 §3; renumbered 459A.560 in 1993]

468.856 [1977 c.483 §4; renumbered 459A.565 in 1993]

468.859 [1977 c.483 §5; renumbered 459A.570 in 1993]

468.862 [1977 c.483 §6; renumbered 459A.575 in 1993]

468.865 [1977 c.483 §7; renumbered 459A.580 in 1993]

468.868 [1977 c.483 §8; renumbered 459A.585 in 1993]

468.869 [1989 c.268 §2; renumbered 459A.590 in 1993]

468.870 [1989 c.268 §3; renumbered 459A.595 in 1993]

468.871 [1977 c.483 §1; renumbered 459A.599 in 1993]

468.875 [1987 c.741 §2; renumbered 468A.700 in 1991]

468.877 [1987 c.741 §3; renumbered 468A.705 in 1991]

468.879 [1987 c.741 §5; renumbered 468A.710 in 1991]

468.881 [1987 c.741 §6; renumbered 468A.715 in 1991]

468.883 [1987 c.741 §7; renumbered 468A.720 in 1991]

468.885 [1987 c.741 §§8,17; renumbered 468A.725 in 1991]

468.887 [1987 c.741 §9; renumbered 468A.730 in 1991]

468.889 [1987 c.741 §10; renumbered 468A.735 in 1991]

468.891 [1987 c.741 §11; renumbered 468A.740 in 1991]

468.893 [1987 c.741 §12; 1991 c.650 §7; renumbered 468A.745 in 1991]

468.895 [1987 c.741 §13; 1989 c.171 §63; renumbered 468A.750 in 1991]

468.897 [1987 c.741 §14; renumbered 468A.755 in 1991]

468.899 [1987 c.741 §16; renumbered 468A.760 in 1991]

468.900 [1977 c.867 §23; 1983 c.740 §183; renumbered 466.505]

468.901 [1985 c.737 §2; repealed by 1987 c.539 §1 (466.705 enacted in lieu of 468.901)]

468.902 [1985 c.737 §3; repealed by 1987 c.539 §3 (466.715 enacted in lieu of 468.902)]

468.903 [1977 c.867 §24; renumbered 466.510]

468.904 [1985 c.737 §4; repealed by 1987 c.539 §7 (466.725 enacted in lieu of 468.904)]

468.905 [1985 c.737 §5; repealed by 1987 c.539 §19 (466.765 enacted in lieu of 468.905)]

468.906 [1977 c.867 §25; renumbered 466.515]

468.907 [1985 c.737 §6; repealed by 1987 c.539 §29 (466.805 enacted in lieu of 468.907)]

468.908 [1985 c.737 §7; repealed by 1987 c.539 §12 (466.745 enacted in lieu of 468.908)]

468.909 [1977 c.867 §26; renumbered 466.520]

468.910 [1985 c.737 §8; 1987 c. 539 §31; renumbered 466.800 in 1987]

468.911 [1985 c.737 §9; 1987 c.539 §18; renumbered 466.710 in 1987]

468.912 [1977 c.867 §27; renumbered 466.525]

468.913 [1985 c.737 §10; 1987 c.539 §40; renumbered 466.720 (2) in 1987]

468.914 [1985 c.737 §11; repealed by 1987 c.539 §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 §12; repealed by 1987 c.539 §45]

468.917 [1985 c.737 §13; repealed by 1987 c.539 §45]

468.918 [1977 c.867 §29; repealed by 1979 c.32 §1]

ENVIRONMENTAL CRIMES

468.920 Definitions for ORS 468.922 to 468.956. For purposes of ORS 468.922 to 468.956:

(1) “Knowingly”:

(a) Has the meaning given that term in ORS 161.085; or

(b) Means a person acts with a conscious purpose to avoid knowledge of a conduct or a circumstance in violation of ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825.

(2) “Substantial harm to human health or the environment” means:

(a) Physical injury, as defined in ORS 161.015, to a human being or demonstrable substantial risk of serious physical injury, as defined in ORS 161.015, to a human being; or

(b) Substantial damage to wildlife, flora, aquatic or marine life, to habitat or to livestock or agricultural crops.

(3) Except as provided in ORS 161.155 or 161.450, an individual is not criminally liable solely because of the individual’s status in a business, organization or other public or private entity nor is knowledge possessed by an individual other than the defendant attributable to the defendant.

(4) Nothing in this section is intended to amend or modify ORS 161.150, 161.155, 161.160, 161.165, 161.170, 161.175, 161.450 or 161.455. [1993 c.422 §16]

468.921 [1977 c.867 §30; renumbered 466.530]

468.922 Unlawful disposal, storage or treatment of hazardous waste in the second degree. (1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly treats, stores or disposes of hazardous waste.

(2)(a) Subject to ORS 153.022, unlawful disposal, storage or treatment of hazardous waste in the second degree is a Class B misdemeanor.

(b) Notwithstanding ORS 161.635, in addition to any term of imprisonment that the court may impose under paragraph (a) of this subsection, the court may impose a fine of up to $10,000. [1993 c.422 §4; 1999 c.1051 §305]

468.925 [1985 c.684 §3; 1989 c.958 §1; renumbered 468.451 in 1993]

468.926 Unlawful disposal, storage or treatment of hazardous waste in the first degree. (1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and:

(a) As a result, recklessly causes substantial harm to human health or the environment; or

(b) Knowingly disregards the law in committing the violation.

(2) Unlawful disposal, storage or treatment of hazardous waste in the first degree is a Class B felony.

(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful disposal, storage or treatment of hazardous waste in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentenceimposed under subsection (2) of this section. [1993 c.422 §2] (continued)