Oregon Chapter 465

Chapter 465 — Hazardous Waste and Hazardous Materials I

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Chapter 465 — Hazardous Waste and Hazardous Materials I

 

2007 EDITION

 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS I

 

PUBLIC HEALTH AND SAFETY

 

REDUCTION OF USE OF TOXIC SUBSTANCES AND HAZARDOUS WASTE GENERATION

 

465.003     Definitions for ORS 465.003 to 465.034

 

465.006     Policy

 

465.009     Rules

 

465.012     Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules

 

465.015     Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility

 

465.018     Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system

 

465.021     Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty

 

465.027     Contract for assistance with higher education institution

 

465.032     Form of implementation summary; information required

 

465.034     Application of ORS 465.003 to 465.034

 

465.037     Short title

 

BULK PETROLEUM PRODUCT WITHDRAWAL REGULATION

 

465.101     Definitions for ORS 465.101 to 465.131

 

465.104     Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators

 

465.106     Amount of fee to be set by State Fire Marshal

 

465.111     Department of Revenue to collect fee; exemption from fee of protected petroleum products

 

465.114     Extension of time for paying fee; interest on extended payment

 

465.117     Records of petroleum products transactions; inspection by Department of Revenue

 

465.121     Rules

 

465.124     Application of ORS chapters 305 and 314 to fee collection

 

465.127     Disposition of fees; administrative expenses; other uses

 

465.131     Fee imposed by ORS 465.104 in addition to fees established by local government

 

REMOVAL OR REMEDIAL ACTION

 

(Generally)

 

465.200     Definitions for ORS 465.200 to 465.545

 

465.205     Legislative findings

 

465.210     Authority of department for removal or remedial action

 

465.215     List of facilities with confirmed release

 

465.220     Comprehensive statewide identification program; notice

 

465.225     Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory

 

465.230     Removal of facilities from inventory; criteria

 

465.235     Public inspection of inventory; information included in inventory; organization; report; action plan

 

465.240     Inventory listing not prerequisite to other remedial action

 

465.245     Preliminary assessment of potential facility

 

465.250     Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality

 

465.255     Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions

 

465.257     Right of contribution from other person liable for remedial action costs; allocation of orphan share

 

465.260     Removal or remedial action; reimbursement of costs; liability; damages

 

465.265     “Person” defined for ORS 465.265 to 465.310

 

465.270     Legislative findings and intent

 

465.275     Remedial action and financial assistance program; contracts for implementation

 

465.280     Rules; insuring tax deductibility of interest on bonds

 

465.285     Requirements for financial assistance; contents of agreements

 

465.290     Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations

 

465.295     Decision regarding financial assistance not subject to judicial review

 

465.300     Records and financial assistance applications exempt from disclosure as public record

 

465.305     Application fees

 

465.310     Accounting procedure for financial assistance moneys

 

465.315     Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules

 

465.320     Notice of proposed cleanup action; receipt and consideration of comment; notice of approval

 

465.325     Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability

 

465.327     Agreement to release party from potential liability to state to facilitate cleanup and reuse of property; eligible parties; terms of agreement

 

465.330     State remedial action costs; payment; effect of failure to pay

 

465.333     Recovery of costs of program development, rulemaking and administrative actions as remedial action costs; determination of allocable costs

 

465.335     Costs, penalties and damages as lien; enforcement of lien

 

465.340     Contractor liability; indemnification

 

465.375     Monthly fee of operators; amount; use of moneys

 

465.376     Special hazardous waste management fees; use of fees

 

465.378     Department to work with other states to avoid disruption of waste flows

 

465.381     Hazardous Substance Remedial Action Fund; sources; uses; Orphan Site Account; uses

 

465.386     Commission authorized to increase fees; basis of increase; amount of increase

 

465.391     Effect of certain laws on liability of person

 

465.400     Rules; designation of hazardous substance

 

465.405     Rules; “confirmed release”; “preliminary assessment”

 

465.410     Ranking of inventory according to risk; rules

 

465.420     Remedial Action Advisory Committee

 

465.425     “Security interest holder” defined for ORS 465.430 to 465.455

 

465.430     Legislative findings

 

465.435     Rules relating to exemption from liability for security interest holder

 

465.440     Rules relating to exemption from liability for fiduciary

 

465.445     Advisory committee

 

465.450     Limitation on commission’s discretion to adopt rules

 

465.455     Construction of ORS 465.425 to 465.455

 

(Oregon Environmental Cleanup Assistance)

 

465.475     Definitions for ORS 465.475 to 465.480

 

465.478     Legislative findings

 

465.479     Lost policies; investigation by insurer required; minimum standards for investigation

 

465.480     Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; allocation

 

465.482     Short title

 

(Cleanup of Contamination Resulting From Dry Cleaning Facilities)

 

465.500     Purpose

 

465.503     Exemption from administrative or judicial action to compel removal or remedial action; exemption from liability; exceptions; limitations

 

465.505     Waste minimization requirements for dry cleaning facilities; annual report; reportable release; rules

 

465.507     Dry cleaning advisory group

 

465.510     Dry Cleaner Environmental Response Account; use; deductible amounts for expenditures

 

465.517     Annual fee and gross revenue fee for dry cleaning facilities

 

465.520     Fee on sale or transfer of dry cleaning solvent; exemption

 

465.523     Fee on use of dry cleaning solvent

 

465.525     Calculation of fee for partial gallons; refund or credit

 

465.527     Reporting of fees

 

465.531     Department of Environmental Quality may contract for collection of fees

 

465.536     Late charges; enforcement by Department of Revenue

 

465.545     Suspension of dry cleaning fees; recommendation to Legislative Assembly

 

CHEMICAL AGENTS

 

465.550     Definitions for ORS 465.550 and 465.555

 

465.555     County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee

 

CIVIL PENALTIES

 

465.900     Civil penalties for violation of removal or remedial actions

 

465.992     Civil penalty for failure to pay fees

 

REDUCTION OF USE OF TOXIC SUBSTANCES AND HAZARDOUS WASTE GENERATION

 

      465.003 Definitions for ORS 465.003 to 465.034. As used in ORS 465.003 to 465.034:

      (1) “Conditionally exempt generator” means a generator that generates less than 2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less than 220 pounds of hazardous waste in one calendar month.

      (2) “Facility” means all buildings, equipment, structures and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person that controls, is controlled by or under common control with any person.

      (3) “Fully regulated generator” means a generator that generates 2.2 pounds or more of acute hazardous waste as defined by 40 C.F.R. 261, or 2,200 pounds or more of hazardous waste in one calendar month.

      (4) “Generator” means a person that, by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of hazardous waste.

      (5) “Hazardous waste” has the meaning given that term in ORS 466.005.

      (6) “Large user” means a facility required to submit a uniform toxic chemical release form under 42 U.S.C. 11023.

      (7) “Person” includes person, public body, as defined in ORS 174.109, the federal government or any other legal entity.

      (8) “Small-quantity generator” means a generator that generates between 220 and 2,200 pounds of hazardous waste in one calendar month.

      (9) “Toxic substance” or “toxics” means any substance, other than a substance used as a pesticide in routine commercial agricultural applications, in a gaseous, liquid or solid state specified on the list of toxic chemicals generated pursuant to 42 U.S.C. 11023, or any substance added by the Environmental Quality Commission under ORS 465.009.

      (10) “Toxics use” means use or production of a toxic substance.

      (11) “Toxics use reduction” means in-plant changes in production or other processes or operations, products or raw materials that reduce, avoid or eliminate the use or production of toxic substances without creating substantial new risks to public health, safety and the environment, through the application of any of the following techniques:

      (a) Input substitution, achieved by replacing a toxic substance or raw material used in a production or other process or operation with a nontoxic or less toxic substance;

      (b) Product reformulation, achieved by substituting for an existing end product, an end product that is nontoxic or less toxic upon use, release or disposal;

      (c) Production or other process or operation redesign or modifications;

      (d) Production or other process or operation modernization, achieved by upgrading or replacing existing equipment and methods with other equipment and methods;

      (e) Improved operation and maintenance controls of production or other process or operation equipment and methods, achieved by modifying or adding to existing equipment or methods including, but not limited to, techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

      (f) Recycling, reuse or extended use of toxics by using equipment or methods that become an integral part of the production or other process or operation of concern, including but not limited to filtration and other methods.

      (12) “Toxics user” means a large user, a fully regulated generator or a small-quantity generator.

      (13) “Waste reduction” means:

      (a) Any activity conducted after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety and the environment and that results in:

      (A) The reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored or disposed of;

      (B) The reduction of toxicity of hazardous waste that would otherwise be treated, stored or disposed of; or

      (C) Both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

      (b) On-site or off-site treatment where the treatment can be shown to confer a higher degree of protection of the public health, safety and the environment than other technically and economically practicable waste reduction alternatives. [1989 c.833 §2; 2005 c.206 §3]

 

      465.006 Policy. (1) In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares that it is the policy of the State of Oregon to encourage reduction in the use of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental media or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste.

      (2) The Legislative Assembly finds that the best means to achieve the policy set forth in subsection (1) of this section is by:

      (a) Providing toxics users and generators with technical assistance;

      (b) Requiring toxics users to engage in comprehensive planning and develop measurable performance goals; and

      (c) Monitoring the use of toxic substances and the generation of hazardous waste. [1989 c.833 §3]

 

      465.009 Rules. The Environmental Quality Commission by rule may:

      (1) Add or remove any toxic substance or hazardous waste from the provisions of ORS 465.003 to 465.034; and

      (2) Modify the definition of “large user” to coincide with the amounts specified in federal regulations for the reporting of toxic chemical releases. [1989 c.833 §4; 2005 c.206 §4]

 

      465.010 [Amended by 1971 c.743 §371; repealed by 1989 c.846 §15]

 

      465.012 Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules. (1) The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which the department shall give priority in providing technical assistance, the department shall consider at least the following:

      (a) Amounts and toxicity of toxics used and amounts of hazardous waste disposed of, discharged and released;

      (b) Potential for current and future toxics use reduction and hazardous waste reduction; and

      (c) The toxics related exposures and risks posed to public health, safety and the environment.

      (2) In providing technical assistance, the department shall give priority to assisting toxics users and conditionally exempt generators in completing and implementing an adequate toxics use reduction and hazardous waste reduction plan under ORS 465.015. The assistance may include but need not be limited to:

      (a) Information clearinghouse activities;

      (b) Telephone hotline assistance;

      (c) Toxics use reduction and hazardous waste reduction training workshops;

      (d) Establishing a technical publications library;

      (e) The development of a system to evaluate the effectiveness of toxics use reduction and hazardous waste reduction measures;

      (f) The development of a recognition program to publicly acknowledge toxics users and conditionally exempt generators that complete and implement successful toxics use reduction and hazardous waste reduction plans; and

      (g) Direct on-site assistance to toxics users and conditionally exempt generators in completing the plans.

      (3) The department shall:

      (a) Coordinate its technical assistance efforts with industry trade associations and local colleges and universities as appropriate.

      (b) Follow up with toxics users that receive technical assistance to determine whether the user or generator implemented a toxics use reduction and hazardous waste reduction plan.

      (c) Coordinate and work with local agencies to provide technical assistance to businesses involved in the crushing of motor vehicles concerning the safe removal and proper disposal of mercury light switches from motor vehicles.

      (4) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection. [1989 c.833 §5; 2001 c.924 §9; 2005 c.206 §5]

 

      465.015 Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility. (1) Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental Quality that the person meets the definition of a toxics user, complete a toxics use reduction and hazardous waste reduction plan. At a minimum, a plan shall include:

      (a) A written policy articulating organizational support for the toxics use reduction and hazardous waste reduction plan and a commitment by the organization to implement plan goals.

      (b) A description of its scope and objectives, including the evaluation of technologies, procedures and personnel training programs to ensure unnecessary toxic substances are not used and unnecessary waste is not generated.

      (c) Internal analysis and periodic assessment of individual processes for toxics use and hazardous waste generation.

      (d) Identification of opportunities to reduce or eliminate toxics use and hazardous waste generation.

      (e) Employee awareness and training programs that involve employees in toxics use reduction and hazardous waste reduction planning and implementation.

      (f) Institutionalization of the plan by incorporating the plan into management practices and procedures.

      (2) A person is not required to complete a plan if the person has implemented an environmental management system, as defined in ORS 468.172.

      (3) A toxics user shall incorporate into the plan and associated decision-making process, the costs of using toxic substances and generating hazardous waste. The costs may represent, among other things, the costs of management, liability insurance, regulatory compliance and oversight.

      (4) As part of each plan, a toxics user shall evaluate technically and economically practicable toxics use reduction and hazardous waste reduction opportunities for:

      (a) Any toxic substance for which the toxics user reports as a large user; and

      (b) Any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

      (5) A toxics user shall explain the rationale for each toxics use reduction and waste reduction opportunity specified in the plan, including any impediments, such as technical or economic barriers, to toxics use reduction and hazardous waste reduction.

      (6) A toxics use reduction and hazardous waste reduction plan developed under this section or the documentation for an environmental management system shall be retained at the facility. To the extent that a plan or system may be considered a public record under ORS 192.410, the information contained in the plan or system is confidential and is exempt from public disclosure pursuant to ORS 192.502.

      (7) It is the policy of this state that plans developed under this section be kept current and that the plans reflect changes in toxics use over time. In furtherance of this policy, a toxics user may update its plan or modify its environmental management system to reflect any changes. [1989 c.833 §7; 1997 c.384 §1; 2005 c.206 §6]

 

      465.018 Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system. (1) Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics user shall notify the Department of Environmental Quality in a form determined by the department that the plan or system is in place.

      (2) Twelve months after notifying the department under subsection (1) of this section, the toxics user shall provide an implementation summary to the department.

      (3) Twenty-four months after notifying the department under subsection (1) of this section, the toxics user shall provide a second implementation summary to the department.

      (4) A toxics user shall permit the Director of the Department of Environmental Quality or the director’s designee to inspect a plan or system to allow the department to:

      (a) Determine the adequacy of the plan or system under ORS 465.021;

      (b) Assess the implementation of the plan or system; and

      (c) Provide technical assistance under ORS 465.012.

      (5) The department shall make implementation summaries submitted to the department under this section available to the public, including making the summaries available in a commonly used, electronic format on the World Wide Web. [1989 c.833 §8; 2005 c.206 §7]

 

      465.020 [Amended by 1979 c.284 §151; repealed by 1989 c.846 §15]

 

      465.021 Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty. (1) The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental management system.

      (2) If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inadequacy, identifying the specific deficiencies. The department also may specify a reasonable time frame, of not less than 90 days, within which the toxics user shall modify the plan, system or implementation summary to address the specified deficiencies. The department also may make technical assistance available to aid the toxics user in modifying its plan, system or implementation summary.

      (3) If the department determines that a modified plan, system or implementation summary is inadequate, the department may require that further modifications be made within a time frame specified by the department.

      (4) If after having received notice of specified deficiencies from the department, a toxics user fails to develop an adequate plan, system or summary within a time frame specified pursuant to subsection (2) or (3) of this section, the department may assess a civil penalty in the manner provided by ORS 183.745 in an amount not to exceed $500 for each day that the toxics user fails to develop an adequate plan, system or summary.

      (5) In reviewing the adequacy of any plan, system or summary, the department shall base its determination solely on whether the plan, system or summary is complete and prepared in accordance with ORS 465.015 or 465.032. [1989 c.833 §9; 2005 c.206 §8]

 

      465.024 [1989 c.833 §10; 1997 c.384 §2; repealed by 2005 c.206 §11]

 

      465.027 Contract for assistance with higher education institution. Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out the provisions of ORS 465.003 to 465.034. The assistance shall emphasize strategies to encourage toxics use reduction and hazardous waste reduction and shall provide assistance to facilities under ORS 465.003 to 465.034. The assistance may include but need not be limited to:

      (1) Engineering internships;

      (2) Engineering curriculum development;

      (3) Applied toxics use reduction and hazardous waste reduction research; and

      (4) Engineering assistance to users and generators. [1989 c.833 §12]

 

      465.030 [Repealed by 1989 c.846 §15]

 

      465.031 [1989 c.833 §14; repealed by 2005 c.206 §11]

 

      465.032 Form of implementation summary; information required. An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include, but not be limited to:

      (1) A summary of how the toxics use reduction and hazardous waste reduction plan or environmental management system has been implemented;

      (2) A description of specific successes that the toxics user has had in reducing the use of toxic substances or the generation of hazardous wastes;

      (3) An estimate of the challenges and impediments to implementing and evaluating toxics use reduction and hazardous waste reduction opportunities; and

      (4) A description of future plans for toxics use reduction and hazardous waste reduction. [2005 c.206 §2]

 

      465.034 Application of ORS 465.003 to 465.034. Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to:

      (1) Hazardous wastes generated from a removal, as defined in ORS 465.200, or from a one-time event.

      (2) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute. [1989 c.833 §16; 2005 c.206 §9]

 

      465.037 Short title. ORS 465.003 to 465.034 shall be known as the Toxics Use Reduction and Hazardous Waste Reduction Act. [1989 c.833 §1]

 

      465.040 [Amended by 1971 c.743 §372; repealed by 1989 c.846 §15]

 

      465.050 [Amended by 1971 c.743 §373; repealed by 1989 c.846 §15]

 

      465.060 [Repealed by 1989 c.846 §15]

 

      465.070 [1989 Repealed by 1989 c.846 §15]

 

      465.090 [Amended by 1971 c.743 §374; repealed by 1989 c.846 §15]

 

      465.100 [1977 c.850 §2; 1985 c.728 §83; 1987 c.914 §26; renumbered 464.430 in 1987]

 

BULK PETROLEUM PRODUCT WITHDRAWAL REGULATION

 

      465.101 Definitions for ORS 465.101 to 465.131. As used in ORS 465.101 to 465.131:

      (1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge used to transport those products.

      (2) “Cargo tank” means an assembly used for transporting, hauling or delivering petroleum products and consisting of a tank having one or more compartments mounted on a wagon, truck, trailer, truck-trailer, railcar or wheels. “Cargo tank” does not include any assembly used for transporting, hauling or delivering petroleum products that holds less than 100 gallons in individual, separable containers.

      (3) “Department” means the Department of Revenue.

      (4) “Person” means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity and the federal government or any agency of the federal government.

      (5) “Petroleum product” means a petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol-blended fuels, aviation gasoline, kerosene, distillate fuel oil and number 1 and number 2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or fuel sold to vessels engaged in interstate or foreign commerce.

      (6) “Withdrawal from bulk” means the removal of a petroleum product from a bulk facility for delivery directly into a cargo tank or a barge to be transported to another location other than another bulk facility for use or sale in this state. [1989 c.833 §139]

 

      465.104 Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators. (1) The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person who orders the withdrawal a petroleum products withdrawal delivery fee in the maximum amount of $10.

      (2) Any person who imports petroleum products in a cargo tank or a barge for delivery into a storage tank, other than a tank connected to a bulk facility, shall pay a petroleum products import delivery fee in the maximum amount of $10 to the Department of Revenue for each such delivery of petroleum products into a storage tank located in the state.

      (3) Subsections (1) and (2) of this section do not apply to a delivery or import of petroleum products destined for export from this state if the petroleum products are in continuous movement to a destination outside the state.

      (4) The seller of petroleum products withdrawn from a bulk facility and each person importing petroleum products shall remit payment on a quarterly basis on January 1, April 1, July 1 and October 1.

      (5) Each operator of a bulk facility and each person who imports petroleum products shall register with the Department of Revenue at least 30 days prior to operating a bulk facility or importing a cargo tank of petroleum products. [1989 c.833 §140; 2005 c.22 §340]

 

      465.106 Amount of fee to be set by State Fire Marshal. The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state’s oil, hazardous material and hazardous substance emergency response program, as described in ORS 465.127. [1993 c.707 §3]

 

      465.110 [Amended by 1953 c.540 §5; 1967 c.470 §62; 1969 c.684 §16; 1983 c.470 §6; repealed by 1989 c.846 §15]

 

      465.111 Department of Revenue to collect fee; exemption from fee of protected petroleum products. (1) The Department of Revenue shall collect the fee imposed under ORS 465.104.

      (2) Any petroleum product which the Constitution or laws of the United States prohibit the state from taxing is exempt from the fee imposed under ORS 465.104. [1989 c.833 §142]

 

      465.114 Extension of time for paying fee; interest on extended payment. The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 465.101 to 465.131. The extension may be granted at any time if a written request is filed with the department within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, for each month, or fraction of a month, from the time the payment was originally due to the time payment is actually made, shall be added and paid. [1989 c.833 §143]

 

      465.117 Records of petroleum products transactions; inspection by Department of Revenue. (1) Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person’s registered place of business complete and accurate records of any petroleum products sold, purchased by or brought in or caused to be brought in to the place of business.

      (2) The Department of Revenue, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 465.101 to 465.131. [1989 c.833 §144]

 

      465.120 [Amended by 1979 c.284 §152; repealed by 1989 c.846 §15]

 

      465.121 Rules. The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent with its provisions and are considered necessary and appropriate. [1989 c.833 §145]

 

      465.124 Application of ORS chapters 305 and 314 to fee collection. The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 465.101 to 465.131, except where the context requires otherwise. [1989 c.833 §146; 1995 c.650 §61]

 

      465.127 Disposition of fees; administrative expenses; other uses. All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state’s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 §147; 1989 c.935 §4; 1993 c.707 §1]

 

      465.130 [Repealed by 1989 c.846 §15]

 

      465.131 Fee imposed by ORS 465.104 in addition to fees established by local government. The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 §148]

 

      465.140 [Amended by 1989 c.846 §12; renumbered 105.570 in 1989]

 

      465.150 [Amended by 1953 c.540 §5; repealed by 1989 c.846 §15]

 

      465.155 [1953 c.540 §4; repealed by 1989 c.846 §15]