OAR 340-122-0580: Solid Waste Orphan Site Account: Application of Surcharge Proceeds

(1) Subject to OAR 340-122-0540, proceeds from surcharge or equivalent funding collected by a local government unit shall be credited by DEQ toward the local government unit’s funding obligation under ORS 459.236(4) or (5) if the proceeds are: (a) Expended for removal or remedial action undertaken by the local government unit at a solid waste disposal site in accordance with an ORS 465.260 order or agreement; or (b) Paid to DEQ for the costs of removal or remedial action undertaken by DEQ at a solid waste disposal site; or (c) Paid to a third party for the costs of removal or remedial action undertaken by the third party at a solid waste disposal site in accordance with an ORS 465.260 order or agreement. (2) Proceeds used for any of the purposes set forth in section (1) of this rule, at one or more solid waste disposal sites, shall be credited toward a local government unit’s total funding obligation under ORS 459.236(4) or (5) on a cumulative basis. Any amount of surcharge proceeds retained for collection and accounting costs under ORS 459.311(5), up to five percent of the surcharge, shall be included in the amount credited toward a local government unit’s total funding obligation under ORS 459.236(4) or (5).