69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2946
House Bill 3010
Sponsored by Representative ROBERTS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Repeals voluntary cleanup and assessment program for dry
cleaning facilities. Returns moneys in Dry Cleaner Environmental
Response Account to persons who paid assessment.
A BILL FOR AN ACT
Relating to dry cleaning facilities; creating new provisions;
amending ORS 465.200; and repealing ORS 465.500, 465.503,
465.505, 465.507, 465.510, 465.515, 465.517, 465.520, 465.523,
465.525, 465.527, 465.530, 465.533, 465.535, 465.537, 465.540,
465.543 and 465.545.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 465.200 is amended to read:
465.200. As used in ORS 465.200 to 465.510 and 465.900:
(1) 'Claim' means a demand in writing for a sum certain.
(2) 'Commission' means the Environmental Quality Commission.
(3) 'Department' means the Department of Environmental Quality.
(4) 'Director' means the Director of the Department of
Environmental Quality.
{ - (5) 'Dry Cleaner Environmental Response Account' means
the account created under ORS 465.510. - }
{ - (6) 'Dry cleaning facility' means any active or inactive
facility located in this state that is or was engaged in dry
cleaning apparel and household fabrics for the general public,
and dry stores, other than a: - }
{ - (a) Facility located on a United States military
base; - }
{ - (b) Uniform service or linen supply facility; - }
{ - (c) Prison or other penal institution; or - }
{ - (d) Facility engaged in dry cleaning operations only as a
dry store and selling less than $50,000 per year of dry cleaning
services. - }
{ - (7) 'Dry cleaning operator' means a person who has, or
had, a business license to operate a dry cleaning facility or a
business operation that a dry cleaning facility is a part of. If
a dry cleaning facility is operated without a business license,
both the dry cleaning owner and any person directing the
operations shall be considered the dry cleaning operator and
shall be jointly and severally liable for the fees and duties
imposed on dry cleaning operators. - }
{ - (8) 'Dry cleaning owner' means a person who owns or owned
the real property underlying a dry cleaning facility. - }
{ - (9) 'Dry cleaning solvent' means any nonaqueous solvent
for use in the cleaning of garments or other fabrics at a dry
cleaning facility, including but not limited to perchloroethylene
and petroleum based solvents and the products into which dry
cleaning solvents degrade. - }
{ - (10) 'Dry store' means a facility that does not include
machinery using dry cleaning solvents, including but not limited
to a pickup store, dropoff store, call station, agency for dry
cleaning, press shop, and pickup and delivery service not
otherwise operated by a dry cleaning facility. - }
{ - (11) - } { + (5) + } 'Environment' includes the waters
of the state, any drinking water supply, any land surface and
subsurface strata and ambient air.
{ - (12) - } { + (6) + } 'Facility' means any building,
structure, installation, equipment, pipe or pipeline including
any pipe into a sewer or publicly owned treatment works, well,
pit, pond, lagoon, impoundment, ditch, landfill, storage
container, above ground tank, underground storage tank, motor
vehicle, rolling stock, aircraft, or any site or area where a
hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located and where a release has
occurred or where there is a threat of a release, but does not
include any consumer product in consumer use or any vessel.
{ - (13) - } { + (7) + } 'Fund' means the Hazardous
Substance Remedial Action Fund established by ORS 465.381.
{ - (14) - } { + (8) + } 'Guarantor' means any person,
other than the owner or operator, who provides evidence of
financial responsibility for an owner or operator under ORS
465.200 to 465.510 and 465.900.
{ - (15) - } { + (9) + } 'Hazardous substance' means:
(a) Hazardous waste as defined in ORS 466.005.
(b) Any substance defined as a hazardous substance pursuant to
section 101(14) of the federal Comprehensive Environmental
Response, Compensation and Liability Act, P.L. 96-510, as
amended, and P.L. 99-499.
(c) Oil.
(d) Any substance designated by the commission under ORS
465.400.
{ - (16) 'Inactive dry cleaning facility' means property
formerly used, but not currently used, for providing dry cleaning
services. - }
{ - (17) - } { + (10) + } 'Natural resources' includes but
is not limited to land, fish, wildlife, biota, air, surface
water, ground water, drinking water supplies and any other
resource owned, managed, held in trust or otherwise controlled by
the State of Oregon or a political subdivision of the state.
{ - (18) - } { + (11) + } 'Oil' includes gasoline, crude
oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse
and any other petroleum-related product, or waste or fraction
thereof that is liquid at a temperature of 60 degrees Fahrenheit
and pressure of 14.7 pounds per square inch absolute.
{ - (19) - } { + (12) + } 'Owner or operator' means any
person who owned, leased, operated, controlled or exercised
significant control over the operation of a facility. 'Owner or
operator' does not include a person, who, without participating
in the management of a facility, holds indicia of ownership
primarily to protect a security interest in the facility.
{ - (20) - } { + (13) + } 'Person' means an individual,
trust, firm, joint stock company, joint venture, consortium,
commercial entity, partnership, association, corporation,
commission, state and any agency thereof, political subdivision
of the state, interstate body or the Federal Government including
any agency thereof.
{ - (21) - } { + (14) + } 'Release' means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing into the
environment including the abandonment or discarding of barrels,
containers and other closed receptacles containing any hazardous
substance, or threat thereof, but excludes:
(a) Any release that results in exposure to a person solely
within a workplace, with respect to a claim that the person may
assert against the person's employer under ORS chapter 656;
(b) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, vessel or pipeline pumping station
engine;
(c) Any release of source, by-product or special nuclear
material from a nuclear incident, as those terms are defined in
the Atomic Energy Act of 1954, as amended, if the release is
subject to requirements with respect to financial protection
established by the Nuclear Regulatory Commission under section
170 of the Atomic Energy Act of 1954, as amended, or, for the
purposes of ORS 465.260 or any other removal or remedial action,
any release of source by-product or special nuclear material from
any processing site designated under section 102(a)(1) or 302(a)
of the Uranium Mill Tailings Radiation Control Act of 1978; and
(d) The normal application of fertilizer.
{ - (22) - } { + (15) + } 'Remedial action' means those
actions consistent with a permanent remedial action taken instead
of or in addition to removal actions in the event of a release or
threatened release of a hazardous substance into the environment,
to prevent or minimize the release of a hazardous substance so
that it does not migrate to cause substantial danger to present
or future public health, safety, welfare or the environment. '
Remedial action' includes, but is not limited to:
(a) Such actions at the location of the release as storage,
confinement, perimeter protection using dikes, trenches or
ditches, clay cover, neutralization, cleanup of released
hazardous substances and associated contaminated materials,
recycling or reuse, diversion, destruction, segregation of
reactive wastes, dredging or excavations, repair or replacement
of leaking containers, collection of leachate and runoff, on-site
treatment or incineration, provision of alternative drinking and
household water supplies, and any monitoring reasonably required
to assure that the actions protect the public health, safety,
welfare and the environment.
(b) Offsite transport and offsite storage, treatment,
destruction or secure disposition of hazardous substances and
associated, contaminated materials.
(c) Such actions as may be necessary to monitor, assess,
evaluate or investigate a release or threat of release.
{ - (23) - } { + (16) + } 'Remedial action costs' means
reasonable costs which are attributable to or associated with a
removal or remedial action at a facility, including but not
limited to the costs of administration, investigation, legal or
enforcement activities, contracts and health studies.
{ - (24) - } { + (17) + } 'Removal' means the cleanup or
removal of a released hazardous substance from the environment,
such actions as may be necessary taken in the event of the threat
of release of a hazardous substance into the environment, such
actions as may be necessary to monitor, assess and evaluate the
release or threat of release of a hazardous substance, the
disposal of removed material, or the taking of such other actions
as may be necessary to prevent, minimize or mitigate damage to
the public health, safety, welfare or to the environment, that
may otherwise result from a release or threat of release.
'Removal' also includes but is not limited to security fencing or
other measures to limit access, provision of alternative drinking
and household water supplies, temporary evacuation and housing of
threatened individuals and action taken under ORS 465.260.
{ - (25) 'Retail sale or transfer' means a transfer of title
or possession, exchange or barter, conditional or otherwise, for
a purpose other than resale in the ordinary course of
business. - }
{ - (26) - } { + (18) + } 'Transport' means the movement of
a hazardous substance by any mode, including pipeline and in the
case of a hazardous substance that has been accepted for
transportation by a common or contract carrier, the term
'transport' shall include any stoppage in transit that is
temporary, incidental to the transportation movement, and at the
ordinary operating convenience of a common or contract carrier,
and any such stoppage shall be considered as a continuity of
movement and not as the storage of a hazardous substance.
{ - (27) - } { + (19) + } 'Underground storage tank' has
the meaning given that term in ORS 466.706.
{ - (28) - } { + (20) + } 'Waters of the state' has the
meaning given that term in ORS 468B.005.
SECTION 2. { + If any moneys remain in the Dry Cleaner
Environmental Response Account created under ORS 465.510 after
payment of all outstanding obligations incurred before the
effective date of this Act and after the Department of
Environmental Quality completes any actions necessary in winding
up or concluding the administration of the provisions of ORS
465.500 to 465.545, the Department of Environmental Quality shall
return such moneys to each person who paid a fee under ORS
465.517 to 465.523 in proportion to the amount each person
paid. + }
SECTION 3. { + ORS 465.500, 465.503, 465.505, 465.507,
465.510, 465.515, 465.517, 465.520, 465.523, 465.525, 465.527,
465.530, 465.533, 465.535, 465.537, 465.540, 465.543 and 465.545
are repealed. + }
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