Environmental Quality Generally

ORS 468.190
Allocation of costs to pollution control

  • rules


(1)

Subject to subsections (2), (3) and (4) of this section, in establishing the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil for facilities qualifying for certification under ORS 468.170 (Action on application), the Environmental Quality Commission shall consider the following factors:

(a)

If applicable, the extent to which the facility is used to recover and convert waste products into a salable or usable commodity.

(b)

The estimated annual percent return on the investment in the facility.

(c)

If applicable, the alternative methods, equipment and costs for achieving the same pollution control objective.

(d)

Any related savings or increase in costs which occur or may occur as a result of the installation of the facility.

(e)

Any other factors which are relevant in establishing the portion of the actual cost of the facility properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil.

(2)

The portion of actual costs properly allocable shall be from zero to 100 percent in increments of one percent. If zero percent, the commission shall issue an order denying certification.

(3)

If the cost of the facility (or facilities certified under one certificate) does not exceed $50,000, the portion of the actual costs properly allocable shall be in the proportion that the ratio of the time the facility is used for prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil bears to the entire time the facility is used for any purpose.

(4)

In the case of a business described in ORS 315.304 (Pollution control facilities) (4)(a)(C)(i), the Environmental Quality Commission shall consider the factors listed in subsection (1) of this section as if the person operating the facility or conducting the trade or business that utilizes property requiring such a facility were the applicant for the credit, regardless of whether the person is the lessee or lessor of the facility.

(5)

The commission may adopt rules establishing methods to be used to determine the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil. [Formerly 449.655; 1974 c.37 §4; 1977 c.795 §8; 1983 c.637 §4; 1995 c.746 §4; 1999 c.1101 §2]
§§ 468.155 to 468.190

Atty. Gen. Opinions

Tax credit for conversion of motor vehicle to liquefied petroleum gas fuel, (1980) Vol 40, p 293

Chapter 468

See also annotations under ORS chapter 449 in permanent edition.

Notes of Decisions

It was proper for Department of Environmental Quality to consider statutory provisions of this chapter while acting on solid waste disposal permit application under ORS 459.205 to 459.265. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of department to review engineering data and design of wigwam waste burner or of air pollution control equipment, or to prohibit construction or installation, (1971) Vol 35, p 917; state antipollution regulations applicable to mining activities in wilderness areas in national parks, (1972) Vol 35, p 1042; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts to prevent air or water pollution, (1979) Vol 39, p 770

Law Review Citations

4 EL 339 (1974)


Source

Last accessed
Jun. 26, 2021