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Oregon Bulletin

December 1, 2012

Department of Oregon State Police, Office of State Fire Marshal, Chapter 837

Rule Caption: Petroleum Load Fee.

Adm. Order No.: OSFM 11-2012(Temp)

Filed with Sec. of State: 11-1-2012

Certified to be Effective: 1-1-13 thru 6-30-13

Notice Publication Date:

Rules Amended: 837-090-1145

Subject: The rule is being modified to temporarily increase the Petroleum Load Fee. The fee will temporarily increase the PLF to $5, which will result in increased revenues for this biennium.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-090-1145

Petroleum Load Fee

(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 Office of 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 Office of 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 Office of State Fire Marshal.

(4) The Office of 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 Office of 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 Office of 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 Office of State Fire Marshal’s contract and the local government’s Hazardous Substance Possession Fee assessment program.

Stat. Auth.: ORS 453.408
Stats. Implemented: ORS 453.402
Hist.: FM 5-1993, f. & cert. ef. 11-1-93; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 12-2005, f. & cert. ef. 8-15-05; OSFM 3-2009, f. & cert. ef. 11-18-09; OSFM 11-2012(Temp), f. 11-1-12, cert. ef. 1-1-13 thru 6-3-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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