74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2118
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2118 (HB 2118-B) Page 1
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. + }
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Enrolled House Bill 2118 (HB 2118-B) Page 2
Passed by House May 10, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2007
...........................................................
President of Senate
Enrolled House Bill 2118 (HB 2118-B) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2118 (HB 2118-B) Page 4