71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2101
 
                         Senate Bill 226
 
Sponsored by Senator MESSERLE, Representative MORGAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires person complaining of noncompliance with water quality
management plan or rule to submit complaint in writing.  Requires
State Department of Agriculture to determine which provision or
rule may have been violated. Requires department to collect $100
deposit if person has previously initiated one unfounded
complaint within same calendar year. Allows department to retain
deposit if complaint is unfounded. Allows department to
investigate any complaint if immediate threat to public health or
safety exists.
 
                        A BILL FOR AN ACT
Relating to water quality management plan complaint procedure.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 568.900 to 568.933. + }
  SECTION 2.  { + (1) Prior to conducting an investigation of a
complaint alleging noncompliance with a water quality management
plan implemented under ORS 568.909 or with a rule adopted under
ORS 568.912, the State Department of Agriculture shall:
  (a) Require the person making the complaint to specify the
complaint in writing; and
  (b) Determine which provision of the water quality management
plan or rule the landowner may have violated.
  (2) If, upon investigation of the complaint, the department
determines that the landowner has not violated a provision of a
water quality management plan or a rule, the department 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 department determines that
a violation:
  (a) Has occurred, the security deposit shall be returned to the
person who filed the complaint; or
  (b) Has not occurred, the security deposit shall be forfeited.
  (3) Notwithstanding subsections (1) and (2) of this section,
the department may investigate any complaint if the department
determines that the violation alleged in the complaint may
present an immediate threat to the public health or safety. + }
  SECTION 3.  { + Section 2 of this 2001 Act applies to
complaints initiated on or after the effective date of this 2001
Act. + }
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