Dry Cleaner Program

Introduction

In 1995, the Oregon Legislature passed House Bill 3216 creating Oregon’s dry cleaner statute (ORS 465.500). The legislation was proposed by the dry cleaning industry in response to its concerns that liability under Oregon’s cleanup law, that required responsible parties to pay for cleaning up contaminated property, could put many individual dry cleaners out of business. Property owners were finding it difficult to get loans from lending institutions if a dry cleaner was located on their property. Also, dry cleaners were finding it increasingly difficult to obtain and renew leases.

Environmental contamination at a dry cleaner site can occur from spills and leaks of solvent. The most common dry cleaning solvent can penetrate concrete and can sink through floor cracks since it is heavy then water. In addition, many dry cleaners historically disposed of wastes containing solvent by pouring wastewater into a sanitary sewer, throwing spent filters and sludge into the trash, or dumping wastewater on the ground near their facility. The Resource Conservation and Recovery Act, a federal law passed in 1980 and amended in 1984 increased regulation of hazardous waste and unsafe practices are no longer allowed. However, at some dry cleaner facilities, past disposal and management practices have resulted in contamination of soil and groundwater to an extent that requires cleanup.

The Dry Cleaner statute requires all dry cleaners to implement waste minimization and hazardous waste management practices designed to eliminate future releases of hazardous waste to the environment, in essence becoming a "zero release" industry. Dry cleaners pay fees to a fund, the Dry Cleaner Environmental Response Account (Account) to be used for cleaning up dry cleaning solvents at contaminated sites. Individual dry cleaners who pay fees will not be liable under Oregon law for the cost of cleaning up a site contaminated due to past practices. The new law essentially creates an insurance fund to pay cleanup costs for dry cleaners.

The dry cleaner statute has two major provisions:

Preventing Future Contamination

Oregon dry cleaning law requires all dry cleaners to implement “waste minimization” requirements which include the use of certain types of dry cleaning equipment and specific waste management practices. These practices reduce air emissions from solvents, reduce the potential for spills and releases of solvents, protect groundwater, and promote more efficient use of dry cleaning solvent, all of which help prevent future contamination and achieve the industry goal of eliminating the release of solvents to the environment.

Dry Cleaners must meet the following “waste minimization” requirements:

1. Use only acceptable types of dry cleaning equipment.
2. Manage dry cleaning waste as hazardous waste.
3. Manage solvent-contaminated wastewater according to state rules. Do not discharge solvent-contaminated wastewater to a sanitary sewer, septic system, boiler, on the ground, or to waters of the state.
4. Provide containment under and around dry cleaning equipment and solvent-containing items.
5. Submit annual reporting of waste minimization and hazardous waste management practices.
6. Report releases of dry cleaning solvent.
7. Use only closed direct-coupled delivery systems for delivering perchloroethylene solvent (perc).
8. Meet air quality monitoring and recordkeeping requirements for perc dry cleaners.

Complying with these requirements is necessary for a facility to be eligible to be cleaned up using funding from the Dry Cleaner Environmental Response Account administered by the Department of Environmental Quality, DEQ.

Environmental Cleanup

Perchloroethylene (perc or PCE), the most commonly used dry cleaning solvent over the past 50 years, is listed as a toxic chemical because it causes nerve and organ damage and possibly causes cancer in humans. Sites contaminated with PCE and other toxic solvents must be cleaned up to a level that is protective of human health and the environment and is based on the current and reasonably likely future use of contaminated land or water.

Under the dry cleaner program, funds from the Account can be used by DEQ to clean up a site or reimburse a dry cleaner owner or operator who conducts a cleanup. DEQ can only reimburse costs that are pre-approved.

Program Funding

Since January 1, 1996, dry cleaners have been paying fees, which DEQ uses to fund cleanup of existing contamination and to manage the program. The fees are collected by the Department of Revenue, DOR, and deposited in the Dry Cleaner Environmental Response Account. DEQ uses funds from the Account to conduct assessment and clean up contaminated dry cleaner sites.

Fees paid to the Dry Cleaner Environmental Response Account include:

• $500.00 for any dry cleaning facility that utilized any solvent prior to January 1998 and;
• $500.00 for any dry cleaning facility that utilizes Perchloroethylene and;
• solvent fees of $10.00 for each gallon of Perchloroethylene and $2.00 for each gallon of other solvent purchased.

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