OREGON
DEPARTMENT OF
ENVIRONMENTAL QUALITY
DRY CLEANER PROGRAM
SCRD
Spring 2005
Raleigh, NC
Program History
• 1995 Dry Cleaner Statute Enacted
– Prevention of future contamination
– Cleaning up existing contamination
• Funding - $1,000,000 benchmark
– Dry cleaner facility fee: $1,000
– Dry store fee: $500
– Solvent fee: $12 PCE, $2 other (+ increases)
• Complete cleanup liability immunity
• Complete third party liability immunity
2001 Amendments
• Amended fee structure
– Introduced elements of ability to pay and risk
of contamination.
– Fees increase if benchmark not met
• Inactive facilities pay fees
• Required DEQ to adopt rules
• Added 2006 sunset
2002 Rule Writing
• 1995 law gave DEQ option to write rules
• 2001 amendment required rule writing
Prioritization
• 2002 was first year funding was prioritized
– 13 remedial actions funded
– 9 in queue
– 10 already NFAd
• Site ranking specific to dry cleaners was
developed
• Left room to consider non-environmental
considerations
2003 Amendments
• Amended fee structure
– Refined elements of ability to pay and
environmental risk
• Required dry cleaner owners/operators to
pursue insurance prior to program funding
• Transferred fee collection to DEQ
• Eliminated $1,000,000 benchmark
• Eliminated 2006 sunset
Things That Went Right
• Good documentation
– Hard files / Database
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Continuity of staff
Flexibility: state lead or reimbursement
Emphasis on prevention
Dry cleaners wrote legislation
Rigid fee collection language in law
Things I Would Change
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FL approach to submitting claims
WI approach to deductibles
Wouldn’t have unlimited cleanup costs
Wouldn’t include third party immunity
Require property owners to pay fees
Increase gross revenue fee and show on
ticket
Lessons Learned
• Recognize that dry cleaners are a large part
of the problem, but they can never be more
than a small part of the solution.
• Strict enforcement is a requirement to be
equitable to the good guys.
• Perspective…
Perspective:
What A Dry Cleaner Sees
Perspective:
What DEQ Sees
Program Maturity
• Program is Mature except for funding
• Funding hopefully is in growth phase
– depending on success with insurance
Next Phase
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