71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2156
 
LC 964/HB 2156-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2156
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                              May 3
 
  On page 1 of the printed A-engrossed bill, line 3, after '
468B.215,' delete the rest of the line and insert '468B.225,
468B.230, 537.141, 537.545 and 561.175; repealing ORS 468B.223
and 468B.227; and declaring an emergency.'.
  On page 2, after line 40, insert:
  '  { +  SECTION 5. + }  { + Section 6 of this 2001 Act is added
to and made a part of ORS 468B.200 to 468B.230. + }
  '  { +  SECTION 6. + }  { + The provisions of ORS 468B.200 to
468B.230 apply to animal feeding operations regulated under 33
U.S.C. 1342 only to the extent that the operation of the
provisions of ORS 468B.200 to 468B.230 are consisted with federal
law, regulations or guidelines issued pursuant to the Federal
Water Pollution Control Act, P.L. 92-500, as amended. + } ' .
  In line 41, delete '5' and insert '7'.
  On page 3, line 9, delete '6' and insert '8'.
  In line 32, after the period delete the rest of the line and
line 33 and insert 'An animal feeding operation may be inspected
for compliance with water quality laws and regulations by the
Department of Environmental Quality or the State Department of
Agriculture.
  '  { +  SECTION 9. + } ORS 468B.225 is amended to read:
  ' 468B.225. (1) Prior to conducting an investigation of   { - a
confined - }   { + an + } animal feeding operation under ORS
468B.217 on the basis of a complaint, the State Department of
Agriculture shall:
  ' (a) { + (A) + } Require the person making the complaint to
specify the complaint in writing;  { + or
  ' (B) Make a detailed written record of the complaint; + } and
  ' (b) Determine which provision of ORS chapter 468 or 468B,
which rule adopted under ORS chapter 468 or 468B or which permit
issued under ORS chapter 468 or 468B the operator of the
  { - confined - }  animal feeding operation may have violated.
  ' (2) If, upon investigation under ORS 468B.217 on the basis of
a complaint received under subsection (1) of this section, the
State Department of Agriculture determines that   { - a
confined - }   { + an + } animal feeding operation has not
violated a provision of ORS chapter 468 or 468B, a rule adopted
under ORS chapter 468 or 468B or the conditions of a permit
issued under ORS chapter 468 or 468B, { +  and the department has
reason to believe that the complaint was groundless and made for
the purpose of harassing the operator, the department may refuse
to consider future complaints made by the person + }   { - the
State Department of Agriculture shall require that any additional
complaint filed by the same person in the same calendar year
shall be accompanied by a security deposit of $100.  If, after
investigation, the State Department of Agriculture determines
that a violation has occurred, the security deposit shall be
returned to the person who filed the complaint. If the State
Department of Agriculture determines that a violation has not
occurred, the security deposit shall be forfeited - } .
  '  { +  SECTION 10. + } ORS 468B.230 is amended to read:
  ' 468B.230. (1) In addition to any liability or penalty
provided by law, the State Department of Agriculture may impose a
civil penalty on the owner or operator of a confined animal
feeding operation for failure to comply with a provision of ORS
chapter 468 or 468B or any rule adopted under, or a permit issued
under ORS chapter 468 or 468B, relating to the control and
prevention of water pollution from a confined animal feeding
operation. For the purposes of this section, each day a violation
continues after the period of time established for compliance
shall be considered a separate violation unless the State
Department of Agriculture finds that a different period of time
is more appropriate to describe a specific violation event.
  ' (2)  { + Except for an animal feeding operation subject to
regulation under 33 U.S.C. 1342, + } the State Department of
Agriculture may not impose a civil penalty under subsection (1)
of this section for a first violation by an owner or operator of
a confined animal feeding operation:
  ' (a) That is more than $2,500; and
  ' (b) Unless the State Department of Agriculture notifies the
violator that the violation must be eliminated no later than 30
business days from the date the violator receives the notice. If
the violation requires more than 30 days to correct, the State
Department of Agriculture may allow such time as is necessary to
correct the violation. In all cases, the legal owner of the
property shall also be notified, prior to the assessment of any
civil penalty.
  ' (3) The State Department of Agriculture may not impose a
civil penalty under subsection (1) of this section that exceeds
$10,000 for a subsequent violation.
  ' (4) In imposing a civil penalty under this section, the State
Department of Agriculture may consider:
  ' (a) The past history of the owner or operator in taking all
feasible steps or procedures necessary and appropriate to correct
a violation.
  ' (b) A past violation of a rule or statute relating to a water
quality plan.
  ' (c) The gravity and magnitude of the violation.
  ' (d) Whether the violation was a sole event, repeated or
continuous.
  ' (e) Whether the cause of the violation was as a result of an
unavoidable accident, negligence or an intentional act.
  ' (f) Whether the owner or operator cooperated in an effort to
correct the violation.
  ' (g) The extent to which the violation threatens the public
health and safety.
  ' (5) No notice of violation or period for compliance shall be
required under subsection (2) of this section if:
  ' (a) The violation is intentional; or
  ' (b) The owner or operator has received a previous notice of
the same or similar violation.
  ' (6) A civil penalty collected by the State Department of
Agriculture under this section shall be deposited into a special
subaccount in the Department of Agriculture Service Fund. Moneys
in the subaccount are continuously appropriated to the department
to be used for educational programs on animal waste management
and to carry out animal waste management demonstration or
research projects.
  ' (7) Any civil penalty imposed under this section shall be
reduced by the amount of any civil penalty imposed by the
Environmental Quality Commission, the Department of Environmental
Quality or the United States Environmental Protection Agency, if
the latter penalties are imposed on the same person and are based
on the same violation.'.
  In line 34, delete '7' and insert '11'.
  On page 5, line 16, delete '8' and insert '12'.
  On page 6, line 11, delete '9' and insert '13'.
  After line 16, insert:
  '  { +  SECTION 14. + }  { + ORS 468B.223 and 468B.227 are
repealed. + } ' .
  In line 17, delete '10' and insert '15'.
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