1. (1) Every person who operates a facility for the purpose of disposing of hazardous waste or polychlorinated biphenyl (PCB) that is subject to interim status or a permit issued under ORS Chapter 466 shall pay a monthly hazardous waste management fee by the 45th day after the last day of each month in the amount authorized by ORS 465.375. For purposes of calculating the fee required by this section, the facility operator does not need to include hazardous waste resulting from on-site treatment processes used to render a waste less hazardous or reduced in volume prior to land disposal.
2. (2) The term “hazardous waste” means any hazardous waste as defined by rules adopted by the Environmental Quality Commission and includes any hazardous waste as defined in OAR 340, division 100 or 101 or 40 CFR Part 261 handled under the authority of interim status or a management facility permit.
3. (3) The term “PCB” shall have the meaning given to it in OAR 340, division 110.
4. (4) The term “ton” means 2,000 pounds and means the weight of waste in tons as determined at the time of receipt at a hazardous waste or PCB management facility. The term “ton” shall include the weight of any containers treated or disposed of along with the wastes being held by the container.
5. (5) In the case of a fraction of a ton, the fee imposed by section (1) of this rule shall be the same fraction multiplied by the amount of such fee imposed on a whole ton.
6. (6) Every person subject to the fee requirement of section (1) of this rule shall record actual weight for all waste received for treatment by incinerator or disposal by landfilling in tons at the time of receipt. The scale shall be licensed in accordance with ORS Chapter 618 by the Weights and Measures Division of the Department of Agriculture.
7. (7) Accompanying each monthly payment shall be a detailed record identifying the basis for calculating the fee.

8. (8) Notwithstanding section 1 of this rule, the hazardous waste disposal management fee shall be:

   1. (a) $20 per ton for waste received by the facility that is:

      1. (A) PCB under Oregon or federal law;
      2. (B) Hazardous waste that becomes subject to regulation solely as a result of removal or remedial action taken in response to environmental contamination; or
      3. (C) Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit.

   2. (b) $5 per ton for waste that is:

      1. (A) A characteristic hazardous waste at the point of generation and that has been treated at the facility or at an off-site location so that the waste no longer exhibits the characteristics of hazardous waste and so that the waste complies with any applicable land disposal requirements;
      2. (B) Liquid waste when the waste is received and treated at a wastewater treatment unit at the facility so that the waste does not exhibit any characteristics of hazardous waste and so that the resulting liquid is managed at a permitted unit at the facility;
      3. (C) Solid waste that results from cleanup activities and that must be disposed of in a facility for the disposal of hazardous waste as a result of restrictions imposed under ORS 459.055(8) or 459.305(7); or
      4. (D) Solid waste that is not hazardous waste or PCB under a state or federal law at the point of generation and that is not a hazardous waste under Oregon law.
9. (9) All fees shall be made payable to the Department of Environmental Quality. All fees received by the Department of Environmental Quality shall be paid into the State Treasury.

Statutory/Other Authority

ORS 465.400(1), 465.405, ORS 465.375, 465.376, 466.020, 466.075, 466.165, 466.195 & 468.020

Statutes/Other Implemented

ORS 465.375, 465.376 & 466.165

History

DEQ 20-2022, amend filed 11/21/2022, effective 01/01/2023
DEQ 13-1991, f. & cert. ef. 8-5-91
DEQ 29-1990, f. & cert. ef. 7-13-90
DEQ 3-1988, f. & cert. ef. 1-29-88
DEQ 2-1986, f. & ef. 2-12-86