Oregon Revised Statutes

Or. Rev. Stat. § 453.400 (2026)

Possession of hazardous substance; fee

✓ current as of May 2026

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453.400 Possession of hazardous substance; fee. (1) Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance with the fee schedules established under ORS 453.402.

(2) If any person fails to pay the fee imposed under subsection (1) of this section within 60 days, there shall be added to the fee a penalty of five percent of the amount of the fee. Any payment made after 60 days shall bear interest at the rate prescribed under ORS 305.220.

(3) The fee imposed by this section is in addition to all other state, county or municipal fees on a hazardous substance. [1989 c.833 §§123,130]

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: Advocates for Effective Reg. v. City of Eugene, 981 P.2d 368 (Or. Ct. App. 1999).

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Advocates for Effective Reg. v. City of Eugene, 981 P.2d 368 (Or. Ct. App. 1999). “ORS 453.400; ORS 453.402. The fees must be established by rule and must be “based upon the aggregate amount of the single largest annual aggregate substance reported that is manufactured, stored or used” at a given facility.”

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