75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2185
 
LC 1002/HB 2185-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2185
 
              By COMMITTEE ON ENVIRONMENT AND WATER
 
                             April 9
 
  On page 1 of the printed bill, line 2, delete 'creating new
provisions; and'.
  Delete lines 5 through 30 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 468B.047 is amended to read:
  ' 468B.047. (1) The Environmental Quality Commission
 { - may - }  { + shall + } establish, by rule, a schedule of
fees  { + required + } for state certification under
 { - section 401 of the - }   { + 33 U.S.C. 1341 of the + }
Federal Water Pollution Control Act,   { - PL 92-500 - }  { +
 + }as amended.   { - The commission shall not assess fees under
subsections (1) and (2) of this section for activities: - }
  '  { - (a) That have an operating permit for surface mining
under ORS chapter 517; - }
  '  { - (b) Relating to commercial sand and gravel removal
operations; - }
  '  { - (c) Involving removal of less than 500 cubic yards of
material; or - }
  '  { - (d) Involving a fill of less than two acres. - }
  '  { - (2) As used in subsections (1) and (2) of this section,
' fill' and 'removal' have the meanings given in ORS 196.800. - }
 
  '  { +  (2) The fees authorized by this section must be based
on the nature of the underlying federal license or permit, the
size of the project, the estimated or actual costs incurred by
the Department of Environmental Quality and any other relevant
factors.
  ' (3) The commission shall establish, by rule, procedures for
an applicant for certification to seek review of the department's
determination of the appropriate fee. The procedures must include
the ability of the applicant to request review by the Director of
the Department of Environmental Quality and the applicant's right
to a contested case hearing under ORS chapter 183.
  ' (4) The provisions of this section do not apply to fees
authorized under ORS 468.065 (3). + }
  '  { - (3) - }   { + (5) + } Any fees received under
 { - subsections (1) and (2) of - }  this section shall be
deposited in the State Treasury to the credit of an account of
the Department of Environmental Quality and are continuously
appropriated to meet the administrative expenses of the state
certification program under   { - subsections (1) and (2) of - }
this section.'.
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