(1) The Hazardous Substance Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned by the fund shall be credited to the fund.

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(2) The following shall be deposited into the State Treasury and credited to the Hazardous Substance Remedial Action Fund:

(a) Fees received by the Department of Environmental Quality under ORS § 465.375.

(b) Moneys recovered or otherwise received from responsible parties for remedial action costs. Moneys recovered from responsible parties for costs paid by the department from the Orphan Site Account established under subsection (6) of this section shall be credited to the Orphan Site Account.

(c) Moneys received under the schedule of fees established under ORS § 453.402 (2)(c) and 459.236 for the purpose of providing funds for the Orphan Site Account, which shall be credited to the Orphan Site Account established under subsection (6) of this section.

(d) Any penalty, fine or punitive damages recovered under ORS § 465.255, 465.260, 465.335 or 465.900.

(e) Fees received by the department under ORS § 465.305.

(f) Moneys and interest that are paid, recovered or otherwise received under financial assistance agreements.

(g) Moneys appropriated to the fund by the Legislative Assembly.

(h) Moneys from any grant made to the fund by a federal agency.

(3) The State Treasurer may invest and reinvest moneys in the Hazardous Substance Remedial Action Fund in the manner provided by law.

(4) The moneys in the Hazardous Substance Remedial Action Fund are appropriated continuously to the department to be used as provided in subsection (5) of this section.

(5) Moneys in the Hazardous Substance Remedial Action Fund may be used for the following purposes:

(a) Payment of the department’s remedial action costs;

(b) Funding any action or activity authorized by ORS § 465.200 to 465.485 and 465.900, including but not limited to providing financial assistance pursuant to an agreement entered into under ORS § 465.285; and

(c) Providing the state cost share for a removal or remedial action, as required by section 104(c)(3) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, and as amended by P.L. 99-499.

(6)(a) The Orphan Site Account is established in the Hazardous Substance Remedial Action Fund in the State Treasury. All moneys credited to the Orphan Site Account are continuously appropriated to the department for:

(A) Expenses of the department related to facilities or activities associated with the removal or remedial action where the department determines the responsible party is unknown or is unwilling or unable to undertake all required removal or remedial action; and

(B) Grants and loans to local government units for facilities or activities associated with the removal or remedial action of a hazardous substance.

(b) The Orphan Site Account may not be used to pay the state’s remedial action costs at facilities owned by the state. However, this paragraph does not prohibit the use of Orphan Site Account moneys for remedial action on submerged or submersible lands as those terms are defined in ORS § 274.005 and tidal submerged lands as defined in ORS § 274.705.

(c) The Orphan Site Account may be used to pay claims for reimbursement filed and approved under ORS § 465.260 (7).

(d) If bonds have been issued under ORS § 468.195 to provide funds for removal or remedial action, the department shall first transfer from the Orphan Site Account to the Pollution Control Sinking Fund, solely from the fees collected pursuant to ORS § 453.402 (2)(c) and under ORS § 459.236 for such purposes, any amount necessary to provide for the payment of the principal and interest upon such bonds. Moneys from repayment of financial assistance or recovered from a responsible party shall not be used to provide for the payment of the principal and interest upon such bonds.

(7)(a) Of the funds in the Orphan Site Account derived from the fees collected pursuant to ORS § 453.402 (2)(c) and under ORS § 459.236, for the purpose of providing funds for the Orphan Site Account, and of the proceeds of any bond sale under ORS § 468.195 supported by the fees collected pursuant to ORS § 453.402 (2)(c) and under ORS § 459.236, for the purpose of providing funds for the Orphan Site Account, no more than 25 percent may be obligated in any biennium by the department to pay for removal or remedial action at facilities determined by the department to have an unwilling responsible party, unless the department first receives approval from the Legislative Assembly.

(b) Before the department obligates money from the Orphan Site Account derived from the fees collected pursuant to ORS § 453.402 (2)(c) and under ORS § 459.236 for the purpose of providing funds for the Orphan Site Account, or the proceeds of any bond sale under ORS § 468.195 supported by fees collected pursuant to ORS § 453.402 (2)(c) and under ORS § 459.236, for the purpose of providing funds for the Orphan Site Account for removal or remedial action at a facility determined by the department to have an unwilling responsible party, the department must first determine whether there is a need for immediate removal or remedial action at the facility to protect public health, safety, welfare or the environment. The department shall determine the need for immediate removal or remedial action in accordance with rules adopted by the Environmental Quality Commission. [1993 c.707 § 5 (enacted in lieu of 465.380); 1999 c.534 § 1]

[1989 c.833 132,171; 1991 c.703 § 13; repealed by 1993 c.707 § 6 (465.386 enacted in lieu of 465.385)]