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 2735
Senate Bill 737
Sponsored by Senators WALKER, G GEORGE
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.
Directs Department of Environmental Quality to condition
discharge permits to prohibit discharge of persistent
bioaccumulative toxins in amounts or concentrations that may be
harmful to aquatic life or human health.
A BILL FOR AN ACT
Relating to water quality; creating new provisions; and amending
ORS 468B.005, 468B.025, 468B.050 and 468B.053.
Whereas Oregon statutes provide that 'pollution of any of the
waters of the state is declared to be not a reasonable or natural
use of such waters and to be contrary to the public policy of the
State of Oregon'; and
Whereas the Department of Environmental Quality designates
certain portions of the waters as 'mixing zones' and 'zones of
immediate dilution,' within which the water quality standards for
acute and chronic toxicity may be violated; and
Whereas discharges of certain wastes into these zones may
actually cause acute and chronic toxicity problems in flora and
fauna and pose a threat to human health; and
Whereas the designation of mixing zones or zones of immediate
dilution is contrary to the policy of the State of Oregon; and
Whereas the purpose of this legislation is to prohibit the
discharge of toxic wastes in toxic concentrations into the waters
of the state; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468B.005 is amended to read:
468B.005. As used in the laws relating to water pollution,
unless the context requires otherwise:
(1) 'Disposal system' means a system for disposing of wastes,
either by surface or underground methods and includes municipal
sewerage systems, domestic sewerage systems, treatment works,
disposal wells and other systems.
(2) 'Industrial waste' means any liquid, gaseous, radioactive
or solid waste substance or a combination thereof resulting from
any process of industry, manufacturing, trade or business, or
from the development or recovery of any natural resources.
(3) 'Nonpoint source' means any source of pollution other than
a point source.
{ + (4) 'Persistent bioaccumulative toxin' means a toxic
substance that accumulates in plant or animal tissue and remains
in the tissue for substantial periods of time. + }
{ - (4) - } { + (5) + } 'Point source' means any
discernible, confined and discrete conveyance, including but not
limited to a pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal
feeding operation, vessel or other floating craft, from which
pollutants are or may be discharged. 'Point source' does not
include agricultural storm water discharges and return flows from
irrigated agriculture.
{ - (5) - } { + (6) + } 'Pollution' or 'water pollution'
means such alteration of the physical, chemical or biological
properties of any waters of the state, including change in
temperature, taste, color, turbidity, silt or odor of the waters,
or such discharge of any liquid, gaseous, solid, radioactive or
other substance into any waters of the state, which will or tends
to, either by itself or in connection with any other substance,
create a public nuisance or which will or tends to render such
waters harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wildlife, fish or other aquatic life or the habitat thereof.
{ - (6) - } { + (7) + } 'Sewage' means the water-carried
human or animal waste from residences, buildings, industrial
establishments or other places, together with such ground water
infiltration and surface water as may be present. The admixture
with sewage of wastes or industrial wastes shall also be
considered 'sewage ' within the meaning of ORS 448.305, 454.010
to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to
454.755 and ORS chapters 468, 468A and 468B.
{ - (7) - } { + (8) + } 'Sewerage system' means pipelines
or conduits, pumping stations, and force mains, and all other
structures, devices, appurtenances and facilities used for
collecting or conducting wastes to an ultimate point for
treatment or disposal.
{ - (8) - } { + (9) + } 'Treatment works' means any plant
or other works used for the purpose of treating, stabilizing or
holding wastes.
{ - (9) - } { + (10) + } 'Wastes' means sewage, industrial
wastes, and all other liquid, gaseous, solid, radioactive or
other substances which will or may cause pollution or tend to
cause pollution of any waters of the state.
{ - (10) - } { + (11) + } 'Water' or 'the waters of the
state' include lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Pacific Ocean within the territorial limits
of the State of Oregon and all other bodies of surface or
underground waters, natural or artificial, inland or coastal,
fresh or salt, public or private (except those private waters
which do not combine or effect a junction with natural surface or
underground waters), which are wholly or partially within or
bordering the state or within its jurisdiction.
SECTION 2. ORS 468B.025 is amended to read:
468B.025. (1) Except as { - provided in ORS 468B.050 or
468B.053, no person shall - } { + authorized by a permit issued
pursuant to ORS 468B.050 or as allowed pursuant to ORS 468B.053,
a person may not + }:
(a) Cause pollution of any waters of the state or place or
cause to be placed any wastes in a location where such wastes are
likely to escape or be carried into the waters of the state by
any means.
(b) Discharge any wastes into the waters of the state if the
discharge reduces the quality of such waters below the water
quality standards established by rule for such waters by the
Environmental Quality Commission.
{ + (c) Except as provided in section 6 of this 2007 Act,
discharge any wastes into the waters of the state if the
discharge contains persistent bioaccumulative toxins in amounts
or concentrations that violate chronic or acute toxicity criteria
established by the commission for the protection of human health
and aquatic life. + }
(2) { - No person shall - } { + A person may not + }
violate the conditions of any waste discharge permit issued under
ORS 468B.050.
(3) Violation of subsection (1) or (2) of this section is a
public nuisance.
SECTION 3. ORS 468B.050 is amended to read:
468B.050. (1) Except as provided in ORS 468B.053 or 468B.215,
without holding a permit from the { - Director of the - }
Department of Environmental Quality or the State Department of
Agriculture,
{ - which permit shall specify applicable effluent
limitations, - } a person may not:
(a) Discharge any wastes into the waters of the state from any
industrial or commercial establishment or activity or any
disposal system.
(b) Construct, install, modify or operate any disposal system
or part thereof or any extension or addition thereto.
(c) Increase in volume or strength any wastes in excess of the
permissive discharges specified under an existing permit.
(d) Construct, install, operate or conduct any industrial,
commercial, confined animal feeding operation or other
establishment or activity or any extension or modification
thereof or addition thereto, the operation or conduct of which
would cause an increase in the discharge of wastes into the
waters of the state or which would otherwise alter the physical,
chemical or biological properties of any waters of the state in
any manner not already lawfully authorized.
(e) Construct or use any new outlet for the discharge of any
wastes into the waters of the state.
{ + (2) The Department of Environmental Quality or the State
Department of Agriculture may issue a permit to a person seeking
to perform any of the actions specified in subsection (1) of this
section.
(3) Except as provided in section 6 of this 2007 Act, the
Department of Environmental Quality or the State Department of
Agriculture shall condition each permit issued under this section
to prohibit discharges that contain persistent bioaccumulative
toxins in amounts or concentrations that violate chronic or acute
toxicity criteria established by the Environmental Quality
Commission for the protection of human health and aquatic
life. + }
{ - (2) - } { + (4) + } The Department of Environmental
Quality or the State Department of Agriculture may issue a permit
under this section as an individual, general or watershed permit.
A permit may be issued to a class of persons using the procedures
for issuance of an order or for the adoption of a rule.
Notwithstanding the definition of 'order' or 'rule' provided in
ORS 183.310, in issuing a general or watershed permit by order
pursuant to this section, the State Department of Agriculture or
Department of Environmental Quality:
(a) Is not required to direct the order to a named person or
named persons; and
(b) May include in the order agency directives, standards,
regulations and statements of general applicability that
implement, interpret or prescribe law or policy.
{ - (3) - } { + (5) + } The State Department of Agriculture
or the Department of Environmental Quality may define 'confined
animal feeding operation' by rule for purposes of implementing
this section.
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 { + ,
unless the discharges contain persistent bioaccumulative toxins
in amounts or concentrations that violate chronic or acute
toxicity criteria established by the commission for the
protection of human health and aquatic life + }.
(2) Establish performance-based criteria for exempt operations
and discharges.
(3) Require { - an operator or - } { + a + } person
discharging waste exempt under subsection (1) of this section to:
(a) Comply with the criteria established under subsection (2)
of this section; and
(b) Monitor performance and certify and report the results to
the Department of Environmental Quality.
SECTION 5. { + Section 6 of this 2007 Act is added to and made
a part of ORS chapter 468B. + }
SECTION 6. { + (1) The Department of Environmental Quality
may, upon request of the permittee, condition a permit issued
under ORS 468B.050 to allow discharges that contain persistent
bioaccumulative toxins in amounts or concentrations that violate
chronic or acute toxicity criteria established by the
Environmental Quality Commission for the protection of human
health and aquatic life if:
(a) The department determines that the prevention measures or
control technology necessary to comply with ORS 468B.025 and
468B.050 would result in an annual financial cost to a permittee
that is greater than five percent of the permittee's annual
operating budget or would result in a significant and
unreasonable burden to the permittee, the permittee's employees
or the human population in surrounding areas;
(b) The permittee agrees to reduce the amount or concentration
of persistent bioaccumulative toxins contained in the discharge
to the maximum extent possible, through the use of control
technology, reduction plans, process changes or other similar
measures;
(c) The discharge is diluted by the waters into which it is
discharged to concentrations that do not violate chronic or acute
toxicity criteria within an area that is as small as is feasible
to protect instream water quality, public health and other
beneficial uses and no larger than is necessary to allow for
technological constraints or economic effects; and
(d) The conditions provided under the permit are limited to one
permit period, unless the department determines upon renewal of
the permit that another conditioned period is warranted.
(2) In determining whether the prevention measures or control
technology would result in a significant and unreasonable burden
on the permittee, the department shall, at a minimum, evaluate:
(a) The economic cost of a given measure or control and the
costs that a permittee has already paid or would pay for
discharge control and reduction;
(b) The effect that a measure or control would have on the
permittee's economic ability to implement the measure or control;
(c) The effect that the measure or control would have on
employment; and
(d) The discharge reduction benefits that a given measure or
control would achieve.
(3) If the department conditions a permit under this section to
allow an otherwise prohibited discharge, the conditions:
(a) May not contain discharge limitations less stringent than
those imposed under the permittee's previous permit, if one
exists.
(b) Shall ensure that the permittee meets all state and federal
water quality laws, regulations and standards.
(c) Shall be based on a representative level of discharge and
representative level of water flow for the body of water into
which the discharge will be placed in order for the department to
reasonably assess the effect of the discharge on the body of
water and the ability of the body of water to dilute the
discharge.
(4) The permittee is responsible for the payment of any costs
incurred by the department in assessing whether to condition the
permit to allow discharges that would otherwise be prohibited by
ORS 468B.025 and 468B.050. + }
SECTION 7. { + (1) The amendments to ORS 468B.050 by section 3
of this 2007 Act that require the Department of Environmental
Quality to condition permits to prohibit the discharge of certain
wastes into the waters of this state apply to:
(a) All new permits issued on or after January 1, 2008.
(b) All permits renewed by entities other than municipal waste
treatment facilities on or after January 1, 2011.
(c) All permits renewed by municipal waste treatment facilities
on or after January 1, 2013.
(2) The Department of Environmental Quality and the
Environmental Quality Commission may establish rules and
processes, provide educational materials and technical assistance
and put in place any procedures necessary to prepare persons
holding permits issued under ORS 468B.050 for the conditioning of
permits renewed on or after January 1, 2011, to prohibit the
discharge of certain wastes. + }
----------