(1) The Illegal Drug Cleanup Fund is established separate and distinct from the General Fund in the State Treasury.

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Terms Used In Oregon Statutes 475.495

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100

(2) The following moneys shall be deposited into the State Treasury and credited to the Illegal Drug Cleanup Fund:

(a) Moneys recovered or otherwise received from responsible parties for cleanup costs;

(b) Moneys received from a state agency, local government unit or any agency of a local government unit for cleanup of illegal drug manufacturing sites, including moneys received from forfeiture proceeds under the provisions of ORS § 131A.360 and 131A.365;

(c) Moneys received from the federal government for cleanup of illegal drug manufacturing sites; and

(d) Any penalty or punitive damages recovered under ORS § 475.435, 475.455 or 475.485.

(3) The State Treasurer may invest and reinvest moneys in the Illegal Drug Cleanup Fund in the manner provided by law. Interest earned by the fund shall be credited to the fund.

(4) The moneys in the Illegal Drug Cleanup Fund are appropriated continuously to the Department of Environmental Quality to be used as provided for in subsection (5) of this section.

(5) Moneys in the Illegal Drug Cleanup Fund may be used for the following purposes:

(a) Payment of the state’s cleanup costs;

(b) Funding any action or activity authorized by ORS § 475.415 to 475.455, 475.475 and 475.485; and

(c) Funding safety certification training and personal protective equipment for law enforcement personnel assigned to respond to illegal drug manufacturing sites.

(6) In addition to the purposes provided for in subsection (5) of this section, moneys in the Illegal Drug Cleanup Fund received from forfeiture proceeds under the provisions of ORS § 131A.360 and 131A.365 may be transferred to the Oregon Health Authority to support the administration of the illegal drug manufacturing cleanup program provided for in ORS § 453.855 to 453.912.

(7) The department may not expend more than $250,000 in each biennium of the forfeiture proceeds that are paid into the Illegal Drug Cleanup Fund by political subdivisions under the provisions of ORS § 131A.360. If at the end of a biennium more than $250,000 has been paid into the Illegal Drug Cleanup Fund under the provisions of ORS § 131A.360, the department shall refund to each political subdivision that made payments into the fund a pro rata share of the excess amount, based on the amount of forfeiture proceeds paid into the fund by the political subdivision. [1987 c.699 § 9; 1989 c.966 § 56; 1993 c.699 § 5; 2001 c.780 19,19a; 2009 c.78 § 52; 2011 c.524 § 1; 2011 c.597 § 217; 2011 c.720 § 205a]

 

[1979 c.253 § 1; repealed by 1987 c.75 § 1]

 

[1979 c.253 § 2; repealed by 1987 c.75 § 1]

 

[1979 c.253 § 3; repealed by 1987 c.75 § 1]

 

DRUG PARAPHERNALIA