Oregon Chapter 465
Chapter 465 — Hazardous Waste and Hazardous Materials IDownload Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)
View 2005 version of these codes
Code Resources
Oregon Resources
Oregon Website
Oregon Governor
Oregon Legislature
Oregon Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
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
(
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
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]