OAR 837-090-1045: Local Government Fees

(1) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey shall be used solely to supplement and not to duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372. (2) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey, shall be billed and collected only through contract with the Department of the State Fire Marshal. (3) Local governments shall not assess a hazardous Substance Possession Fee for the same substance to persons who are assessed a Hazardous Substance Possession Registration Fee by the Department of the State Fire Marshal. (4) The Department of the State Fire Marshal shall not enter into a contract with a local government under OAR 837-090-1000(3) or section (2) of this rule, unless the local government meets the following requirements: (a) The local government certifies that the revenue from the local Hazardous Substance Possession Fee will be used solely to supplement and not duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372; and (b) The local Hazardous Substance Possession Fee system is structured to be compatible with the fee schedules adopted by OAR 837-090-1030; and (c) The local Hazardous Substance Possession Fee assessment program will not raise moneys in excess of that needed to carry out the local government's supplemental Community Right-To-Know programs. (5) The contract under these rules shall include: (a) Provisions that assure that the local government pays the portion of the costs that may be attributed to its fee assessment program; and (b) Conditions that require the local government to bear all costs related to collection of its fee, including but not limited to costs associated with conducting hearings or appeals on the fee; (c) If appropriate, provisions to allow local government to conduct hearings or appeals on its fees. (6) Any local government operating a Hazardous Substance Possession Fee assessment program shall comply with these rules on or before July 1, 1992. (7) Local government programs funded by Hazardous Substance Possession Fees will be reviewed by the Department of the State Fire Marshal to ensure against duplication, in accordance with ORS 453.402(7)(b). (8) Failure of a local government to comply with section (4) of this rule will result in cancellation of the Department of the State Fire Marshal's contract and the local government's Hazardous Substance Possession Fee assessment program.