(1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all:
(a) Disposal sites that receive domestic solid waste except transfer stations; and
(b) Persons who transport solid waste out of the State of Oregon to a disposal site that receives domestic solid waste.
(2) The schedule adopted under subsection (1) of this section shall be based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for disposal and any other similar or related factors the commission finds appropriate. The fees collected pursuant to the schedule shall be sufficient to assist in the funding of programs to reduce the amount of domestic solid waste generated in Oregon and to reduce environmental risks at domestic waste disposal sites.
(3) For solid waste delivered to a disposal site owned or operated by a metropolitan service district, the schedule of fees, but not the permit fees provided in ORS 459.235, established by the commission in subsection (1) of this section shall be levied on the district, not the disposal site.
(4) The commission also may require submittal of information related to volumes and sources of solid waste if necessary to carry out the activities in ORS 459A.120. For solid waste transported out of the State of Oregon for disposal, the required information may include the type of solid waste, the county of origin of the solid waste and the state to which the solid waste is transported for final disposal.
(5) Before transporting or arranging for transport of solid waste out of the State of Oregon to a disposal site that receives domestic solid waste, a person shall notify the Department of Environmental Quality in writing.
(6)(a) A local government that franchises or licenses a disposal site that receives domestic solid waste shall allow the disposal site to pass through the amount of the fees established by the commission in subsection (1) of this section to the users of the site.
(b) If a disposal site that receives domestic solid waste passes through all or a portion of the fees established by the commission in subsection (1) of this section to a solid waste collector who uses the site, a local government that franchises or licenses the collection of solid waste shall allow the franchisee or licensee to include the amount of the fee in the collection service rate.
(7) The fees generated under subsection (1) of this section shall be sufficient to accomplish the purposes set forth in ORS 459A.120 but shall be no more than 50 cents per ton.
(8) There shall be a fee on solid waste generated out of state. This fee shall be an amount equal to the sum of the fees established under subsection (1) of this section and ORS 459A.115 and shall be collected in the same manner as fees established under subsection (1) of this section and ORS 459A.115.
(9) As used in this section, “person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state. [Formerly 459.294; 1993 c.528 §2; 1993 c.560 §86]
Section: Previous 459A.060 459A.065 459A.070 459A.075 459A.080 459A.100 459A.105 459A.110 459A.115 459A.120 459A.300 459A.305 459A.310 459A.315 459A.320 NextLast modified: August 7, 2008