Chapter 297
AN ACT
HB 2118
Relating to underground injection control
program; creating new provisions; amending ORS 468B.053; appropriating money;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 to 4 of this 2007 Act are added
to and made a part of ORS chapter 468B.
SECTION 2. (1) The Environmental Quality Commission may
perform or cause to be performed any acts necessary for the implementation
within this state of the underground injection control program of the federal
Safe Drinking Water Act, 42 U.S.C. 300h et seq., as in effect on the
effective date of this 2007 Act, and federal regulations or guidelines issued
pursuant to the Safe Drinking Water Act. The commission may adopt all rules
necessary for the administration and implementation of this subsection.
(2) The commission by
rule may establish a schedule of fees for the subsurface injection of fluids.
Fees established under this section are in addition to fees imposed pursuant to
ORS 468.065 for permits issued pursuant to ORS 468B.050.
(3) Any fees received
under subsection (2) of this section shall be deposited in the State Treasury
to the credit of the Subsurface Injection Fluids Account established under
section 4 of this 2007 Act.
SECTION 3. (1) The Department of Environmental Quality
shall collect the following fees for the subsurface injection of fluids,
covered by rules adopted by the Environmental Quality Commission under section
2 of this 2007 Act, on the first day of the calendar month following the
effective date of this 2007 Act, and ending on the first day of the calendar
month following the effective date of rules adopted by the Environmental
Quality Commission under section 2 of this 2007 Act setting fees for the
subsurface injection of fluids:
(a) For the subsurface
injection of fluids from a common roof drain determined to be an environmental
risk to groundwater, $100 for each subsurface injection well.
(b) For the subsurface
injection of fluids from a commercial facility, an industrial facility or a
facility owned by a public body as defined in ORS 174.109 that injects fluids
into fewer than 50 wells, that does not store, handle or use hazardous
materials and that generates fewer than 1,000 vehicle trips per day, $125 for
each subsurface injection well.
(c) For a subsurface
injection well receiving high temperature water from a geothermal facility,
$10,000 for the first year and $200 for each subsequent year.
(d) For any subsurface
injection well not described in paragraphs (a) to (c) of this subsection, $300
for each subsurface injection well for the first year and $100 for each
subsequent year.
(e) For decommissioning
a subsurface injection well used for the subsurface injection of fluids, $100.
(2) Any fees received
under subsection (1) of this section shall be deposited in the State Treasury
to the credit of the Subsurface Injection Fluids Account.
SECTION 4. The Subsurface Injection Fluids Account is
established separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account. Moneys in the account are
continuously appropriated to the Department of Environmental Quality and may be
used only to pay the administrative expenses of the underground injection control
program implemented under section 2 of this 2007 Act.
SECTION 5. ORS 468B.053 is amended to read:
468B.053. In lieu of a
permit required under ORS 468B.025 or 468B.050, the Environmental Quality
Commission by rule may:
(1) Exempt de minimis
discharges from permit requirements.
(2) Exempt from
permit requirements subsurface injection of fluids that are authorized under
the underground injection control program of the Department of Environmental
Quality pursuant to section 2 of this 2007 Act.
[(2)] (3) Establish performance-based criteria for exempt
operations and discharges.
[(3)] (4) Require an operator or
person discharging waste exempt under subsection (1) of this section to:
(a) Comply with the
criteria established under subsection [(2)]
(3) of this section; and
(b) Monitor performance
and certify and report the results to the Department of Environmental Quality.
SECTION 6. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is declared
to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 4, 2007
Filed in the office of Secretary of State June 5, 2007
Effective date June 4, 2007
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