75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1002
 
                           A-Engrossed
 
                         House Bill 2185
                  Ordered by the House April 9
            Including House Amendments dated April 9
 
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.
 
    { - Establishes - }   { + Directs Environmental Quality
Commission to establish + } fees for state certification under
Federal Water Pollution Control Act.   { - Allows Environmental
Quality Commission to establish different schedule of fees by
rule on or after January 1, 2012. - }  { +  Directs commission to
establish procedures by which applicant for certification may
seek review of established fees. + }
 
                        A BILL FOR AN ACT
Relating to state certification for discharges into water;
  amending ORS 468B.047.
Be It Enacted by the People of the State of Oregon:
  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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