(1) Upon request, the Department of Environmental Quality shall furnish an application form to any person interested in developing or constructing a hazardous waste or PCB treatment or disposal facility or a hazardous waste storage facility. Each such form shall contain:
(a) The name and address of the applicant.
(b) A statement of financial condition of the applicant, including assets, liabilities and net worth.
(c) The experience of the applicant in construction, management, supervision or development of hazardous waste or PCB treatment or disposal facilities and in the handling of such substances.
(2) The department shall also require the submission of such information relating to the construction, development or establishment of a proposed hazardous waste or PCB treatment or disposal site and facilities to be operated in conjunction therewith, and such additional information, data and reports as it deems necessary to make a decision on granting or denying a permit.
(3) If the application is for a new permit to operate a new hazardous waste or PCB treatment or disposal facility or a new hazardous waste storage facility, the applicant shall pay a fee as determined under subsection (5)(a) of this section to cover the department’s costs in investigating and processing the application. Any portion of the fee that exceeds the department’s costs shall be refunded to the applicant.
(4) If the application is for the renewal of an existing permit, the applicant shall pay a fee as determined under subsection (5)(a) of this section to cover the department’s costs in investigating and processing the renewal application. Under no circumstances shall the renewal fee exceed a total of $150,000. Any portion of the fee that exceeds the department’s costs shall be refunded to the applicant.
(5) The Environmental Quality Commission by rule:
(a) Shall specify chargeable elements, rates and other appropriate mechanisms and procedures for determining the costs of new and renewal permit processing as set forth in subsections (3) and (4) of this section.
(b) Shall specify a cost recovery mechanism for reimbursing the costs of the department associated with the implementation of corrective action required under ORS 466.105.
(c) Shall adopt a schedule of fees to defray the department’s costs incurred during the processing of treatment, storage or disposal permit modifications.
(d) May adopt a schedule of fees to defray the costs of the department incurred in investigating and processing applications for hazardous waste declassifications under ORS 466.015, hazardous waste delistings and petitions for universal waste listings.
(6) For fees or funding mechanisms adopted or applied under subsections (3) to (5) of this section, the fee structure or recovery mechanism shall reflect as accurately as possible, and be limited to, the costs of services and regulatory activities provided by the department to the category of payers incurring fees or the party assessed cost recovery.
(7) For funding mechanisms adopted or applied under subsections (3) to (5) of this section other than fee schedules adopted by the commission, the commission shall require the department to provide to any party so assessed:
(a) A good faith estimate of the total projected costs prior to the commencement of the activity for which costs will be accrued;
(b) A detailed accounting of all costs subsequently incurred; and
(c) A description of the reasons for any discrepancy between projected and assessed costs at the time the department becomes aware that such a discrepancy has occurred or is likely to occur.
(8) All fees received under this section are continuously appropriated to the department for payment of the department costs in carrying out the activity for which the fees were received. [1985 c.670 §11; 1987 c.540 §17; 1997 c.576 §1]
Section: Previous 466.010 466.015 466.020 466.025 466.030 466.035 466.040 466.045 466.050 466.055 466.060 466.065 466.067 466.068 466.069 NextLast modified: August 7, 2008