(a) Disposal sites that receive domestic solid waste, building demolition or construction wastes, land clearing debris, waste tires or solid waste generated outside the state, for final disposal or destruction; and

(b) Persons who transport solid waste out of the State of Oregon for final disposal or destruction to a disposal site that receives domestic solid waste, building demolition or construction wastes, land clearing debris or waste tires.

(2) The amount raised under subsection (1) of this section shall be up to $1 million per year, based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for final disposal or destruction and any other similar or related factors the Environmental Quality Commission finds appropriate. Such fees shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(3) For solid waste delivered to a disposal site owned and operated by a metropolitan service district, the fee imposed under subsection (1) of this section shall be levied on the district, not the disposal site.

(4) 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.

(5)(a) A local government unit that franchises or licenses a domestic solid waste site 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 unit 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.

(6) Except as provided in subsection (7) of this section, moneys collected under this section shall be deposited in the Orphan Site Account created under ORS 465.381 to be used to pay the costs of removal or remedial action of hazardous substances, in excess of the maximum amount collected under ORS 459.311 at:

(a) Solid waste disposal sites owned or operated by a local government unit; or

(b) Privately owned or operated solid waste disposal sites that receive or received domestic solid waste for which the department determines the responsible party is unknown, unwilling or unable to undertake any portion or phase of a removal or remedial action.

(7) The moneys collected under this section, or proceeds of any bond sale under ORS 468.195 for which moneys collected under this section are pledged for repayment shall be made available to a local government unit to pay removal or remedial action costs at a site if:

(a) The local government unit is responsible for conducting removal or remedial action under ORS 465.260; and

(b) The local government unit repays any moneys equal to the amount that may be raised by the charge imposed under ORS 459.311 and interest on such moneys, in accordance with an agreement between the local government unit and the department. A local government unit is not required to repay the first $100,000 the local government unit expends on removal or remedial action.

(8) As used in this section:

(a) "Domestic solid waste" has the meaning given that term in ORS 459A.100.

(b) "Person" does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state.

(c) "Removal" and "remedial action" have the meanings given those terms in ORS 465.200. [1989 c.833 §138; 1991 c.703 §43; 1993 c.528 §1; 1993 c.560 §25; 2015 c.662 §§2,12]

Note: 459.236 was added to and made a part of ORS 459.005 to 459.426 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.