75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2185
 
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)
 
 
                     CHAPTER ................
 
 
                             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.
 
 
Enrolled House Bill 2185 (HB 2185-A)                       Page 1
 
 
 
                         ----------
 
 
Passed by House June 11, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 23, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2185 (HB 2185-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2185 (HB 2185-A)                       Page 3