74th OREGON LEGISLATIVE ASSEMBLY--2007 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 821
 
                         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)
 
 
                             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.
 
  Vests specific authority with Environmental Quality Commission
to implement underground injection control program portion of
federal Safe Drinking Water Act. Allows commission to adopt rules
and schedule of fees. Establishes schedule of fees for subsurface
injection of fluids. Allows commission by rule to exempt from
permit requirements certain subsurface injections of fluids.
  Creates Subsurface Injection Fluids Account. Continuously
appropriates account moneys for payment of administrative
expenses of underground injection control program.
  Declares emergency, effective on passage.
 
                        A BILL FOR 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.  { + (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 3
of this 2007 Act. + }
  SECTION 2. { +  (1) The Department of Environmental Quality
shall collect the following fees for the subsurface injection of
fluids 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 1 of this
2007 Act setting fees for the subsurface injection of fluids:
  (a) _____; and
  (b) _____.
  (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 3.  { + 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 1 of this 2007 Act. + }
  SECTION 4. 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 1 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 5.  { + 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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