Controlled Substances

ORS 475.495
Illegal Drug Cleanup Fund

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(1)

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

(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 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state);

(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 (Authority of director), 475.455 (Liability of certain persons for cleanup costs) or 475.485 (Costs and penalties as lien).

(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 (Request for cleanup) to 475.455 (Liability of certain persons for cleanup costs), 475.475 (Department record of costs) and 475.485 (Costs and penalties as lien); 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 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state) 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 (Purpose) to 453.912 (Governmental immunity from liability).

(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 (Distribution of forfeiture proceeds by local government). 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 (Distribution of forfeiture proceeds by local government), 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]
Chapter 475

Law Review Citations

51 OLR 561 (1972); 69 OLR 171 (1990)


Source

Last accessed
Jun. 26, 2021