Oregon Code § 466.045·Enacted ·Last updated March 01, 2026
Statute Text
Application form; contents; fees; renewal application; rules.
(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 departments costs in investigating and processing the
application. Any portion of the fee that exceeds the departments 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
departments 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 departments 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 departments 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]