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 1855
 
                         Senate Bill 317
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Natural Resources and Alternative Energy)
 
 
                             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 water quality permit holders who discharge persistent
bioaccumulative toxins into Oregon waters at concentrations that
cause waters to fail to meet water quality standards to pay for
installation and maintenance of marker systems.
 
                        A BILL FOR AN ACT
Relating to water quality.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 468B.048 to 468B.085. + }
  SECTION 2.  { + (1) As used in this section, 'persistent
bioaccumulative toxin' means a toxic substance that accumulates
in plant or animal tissue and remains in the tissue for
substantial periods of time.
  (2) Any person that discharges waste into the waters of the
state under a permit issued pursuant to ORS 468B.050 shall pay
for the installation and maintenance of a system of buoys or
similar markers, or an alternative under subsection (4) or (5) of
this section, if the waste contains persistent bioaccumulative
toxins at concentrations that cause the waters to fail to meet
the standards for water quality and purity established by the
Environmental Quality Commission under ORS 468B.048. The system
of buoys or similar markers shall designate the area where the
waters fail to meet the standards for water quality and purity
because of the discharge. The payment for installation and
maintenance must be made as part of the permit fee established
pursuant to ORS 468.065.
  (3) The buoys or similar markers required under subsection (2)
of this section:
  (a) May not interfere with navigation or use of the waters;
  (b) Shall be installed and maintained by the Department of
Environmental Quality; and
  (c) Shall indicate how a person may obtain additional
information about the discharge.
  (4) If the department determines that it is not feasible to
install buoys or similar markers in the waters of the state due
 
to issues related to navigation or stream size, onshore signs may
be used as a substitute if the signs:
  (a) Indicate how a person may obtain additional information
about the discharge; and
  (b) Contain a map showing the general location of the discharge
in the body of water.
  (5) If the department determines that it is not feasible to
install buoys, similar markers or onshore signs, then the
department may use another comparable means of public notice.
  (6) The Environmental Quality Commission shall adopt rules
necessary for the administration of this section. + }
  SECTION 3.  { + Section 2 of this 2007 Act becomes operative on
September 1, 2008. + }
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