74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 737
Sponsored by Senators WALKER, G GEORGE; Senator DEVLIN,
Representative DINGFELDER
CHAPTER ................
AN ACT
Relating to water quality; appropriating money; limiting
expenditures; and declaring an emergency.
Whereas it is the goal of the State of Oregon's water quality
protection scheme to protect, maintain and improve the quality of
the waters of this state; and
Whereas persistent, bioaccumulative and toxic pollutants can
pose a threat to the health and well-being of humans, fish and
wildlife, especially aquatic species; and
Whereas there are many different sources of persistent,
bioaccumulative and toxic pollutants that contribute to the
presence of such pollutants in the waters of this state; and
Whereas the State of Oregon currently does not have a
comprehensive approach toward such pollutants and their sources
or an economically feasible alternative for reducing these
pollutants; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 8 of this 2007 Act are added to
and made a part of ORS chapter 468B. + }
SECTION 2. { + As used in sections 2 to 8 of this 2007 Act:
(1) 'Legacy' means a pollutant, the use of which has been
banned or restricted for several years, that remains at
detectable levels in sediment and tissue samples.
(2) 'Municipality' means a city or special district that
operates and maintains a sewage treatment facility.
(3) 'Permittee' means a municipality in possession of a
National Pollutant Discharge Elimination System permit or water
pollution control facility permit issued by the Department of
Environmental Quality pursuant to ORS 468B.050 for a sewage
treatment facility that has a dry weather design flow capacity of
one million gallons per day or more.
(4) 'Persistent pollutant' means a substance that is toxic and
either persists in the environment or accumulates in the tissues
of humans, fish, wildlife or plants. + }
SECTION 3. { + (1) The Department of Environmental Quality
shall conduct a study of persistent pollutants discharged in the
State of Oregon and report the results of that study to an
appropriate interim committee of the Legislative Assembly related
to the environment by June 1, 2010.
(2) The department's report shall include, but is not limited
to, the following components:
Enrolled Senate Bill 737 (SB 737-B) Page 1
(a) A priority listing of persistent pollutants that pose a
threat to the waters of this state, as defined in ORS 196.800,
and have documented harmful effects on the health and well-being
of humans, fish or wildlife, especially aquatic species, based on
factors including, but not limited to:
(A) Toxicological and bioaccumulative factors;
(B) The feasibility of reduction options;
(C) Data concerning pollutant dose and response; and
(D) Data regarding the magnitude and significance of specific
ongoing and legacy discharges.
(b) Identification of individual point, nonpoint and legacy
sources of priority listed persistent pollutants from existing
data, including an analysis identifying the quantity,
concentration and volume of such pollutants discharged by
individual sources on an annual basis.
(c) An evaluation and assessment of source reduction and
technological control measures that can reduce the discharge of
persistent pollutants into the waters of this state, including an
assessment of the costs and effectiveness of such measures and
which measures should be prioritized for reducing such
pollutants.
(3) The department may contract with a private organization to
conduct the study required under this section.
(4) The department shall consult with interested local and
tribal governments, state and federal agencies and other private
organizations in preparing the report required under this
section.
(5)(a) The department shall prepare and report the priority
listing described in subsection (2)(a) of this section to the
Seventy-fifth Legislative Assembly, in the manner provided by ORS
192.245, on or before June 1, 2009.
(b) After June 1, 2009, the department shall report to the
Legislative Assembly or an interim committee related to the
environment whenever the department adds to, or removes from, the
priority listing described in subsection (2)(a) of this section a
persistent pollutant.
(6) For the purpose of defraying the cost of conducting and
administering the study under this section, the department may
impose a surcharge on permits issued by the department to
permittees. Moneys collected under this subsection shall be
deposited into the Persistent Pollutant Control Account
established under section 7 of this 2007 Act. + }
SECTION 4. { + (1)(a) By July 1, 2011, each permittee shall
submit to the Department of Environmental Quality a plan for
reducing the permittee's discharges of persistent pollutants
listed on the priority listing described in section 3 (2)(a) of
this 2007 Act:
(A) That occur in concentrations greater than the maximum
contaminant levels established by the National Primary Drinking
Water Regulations adopted pursuant to the Safe Drinking Water
Act, 42 U.S.C. 300f et seq.; or
(B) For which no maximum contaminant levels have been adopted,
but that the Environmental Quality Commission determines by rule
should be included in permittees' plans for reducing permittees'
discharges of priority-listed persistent pollutants.
(b) Determinations made by the commission under this subsection
regarding persistent pollutants are not standards of quality and
purity for the waters of this state for the purposes of ORS
468B.048.
Enrolled Senate Bill 737 (SB 737-B) Page 2
(2) Plans submitted to the department pursuant to subsection
(1) of this section shall include, but are not limited to:
(a) A specific description of the concentrations and estimated
annual quantity of persistent pollutants that are discharged,
based on water quality sampling data.
(b) The identification of measures to reduce the discharge of
persistent pollutants.
(c) The identification of focused goals for reduction of
persistent pollutants.
(3) Measures identified to reduce persistent pollutants may
include, but are not limited to:
(a) Collecting legacy pesticides;
(b) Reducing the use of mercury amalgams by dental offices;
(c) Implementing technological control measures;
(d) Working with businesses and manufacturers to reduce
discharges through material process changes;
(e) Collecting arm cuffs from blood pressure monitors;
(f) Requiring contractors to return heating, ventilating and
air-conditioning system thermostats;
(g) Recycling fluorescent lamps;
(h) Recycling rechargeable batteries;
(i) Monitoring abandoned mining sites;
(j) Managing sediments contaminated with persistent pollutants;
(k) Instituting policies for cleaning school laboratories;
(L) Instituting pharmaceutical take-back programs; and
(m) Taking steps to reduce the presence of mercury in schools.
(4) The department shall require, as a condition of receiving a
new or renewed National Pollutant Discharge Elimination System
permit or water pollution control facility permit issued by the
department pursuant to ORS 468B.050 for a sewage treatment
facility that has a dry weather design flow capacity of one
million gallons per day or more, that municipal applicants:
(a) Implement plans to reduce the discharge of persistent
pollutants according to pollution reduction goals adopted by
applicants for new permits.
(b) Implement plans to reduce the discharge of persistent
pollutants according to pollution reduction goals adopted by
applicants and submit updated discharge reduction plans with
applications to renew a permit.
(5) The department shall incorporate a plan submitted pursuant
to subsection (1) of this section by a municipal applicant into a
new or renewed National Pollutant Discharge Elimination System or
water pollution control facility permit issued to the
applicant. + }
SECTION 5. { + In accordance with applicable provisions of ORS
chapter 183, the Environmental Quality Commission may adopt rules
necessary for the administration of sections 3 and 4 of this 2007
Act. + }
SECTION 6. { + (1) The Department of Environmental Quality may
apply to any circuit court for an order compelling compliance
with any rule adopted by the Environmental Quality Commission
under section 5 of this 2007 Act. If the court finds that the
defendant is not complying with any rule so adopted, the court
shall grant an injunction requiring compliance. The court, on
motion and affidavits, may grant a preliminary injunction ex
parte upon such terms as are just.
(2) The department need not give security before the issuance
of an injunction under this section.
Enrolled Senate Bill 737 (SB 737-B) Page 3
(3) The court may award reasonable attorney fees and costs to
the department if the department prevails in an action under this
section. + }
SECTION 7. { + The Persistent Pollutant Control Account is
established, separate and distinct from the General Fund. Moneys
may be credited to the account from any public or private source.
Moneys in the account are continuously appropriated to the
Department of Environmental Quality and may be used only for the
purposes described in sections 3 to 6 of this 2007 Act. + }
SECTION 8. { + All moneys received by the Department of
Environmental Quality under section 6 of this 2007 Act shall be
deposited to the credit of the Persistent Pollutant Control
Account established under section 7 of this 2007 Act. + }
SECTION 9. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 2 (2), chapter ___, Oregon Laws 2007 (Enrolled House Bill
5022), for the biennium beginning July 1, 2007, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts and certain federal
funds, but excluding lottery funds and other federal funds,
collected or received by the Department of Environmental Quality,
is increased by $229,430 for the purpose of carrying out the
provisions of sections 2 to 8 of this 2007 Act. + }
SECTION 10. { + 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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Passed by Senate June 22, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 26, 2007
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Speaker of House
Enrolled Senate Bill 737 (SB 737-B) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 737 (SB 737-B) Page 5