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
 
                         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)
 
 
                             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.
 
  Establishes 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.
 
                        A BILL FOR AN ACT
Relating to state certification for discharges into water;
  creating new provisions; and 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
establish, by rule, a schedule of fees - }   { + Except as
provided in ORS 468.065 (3), the following fees are
established + } for state certification under section 401 of the
Federal Water Pollution Control Act,   { - PL - }   { + P.L. + }
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. - }
   { +  (a) For 20 or fewer hours of estimated work on a
certification by the Department of Environmental Quality, $1,400.
  (b) For more than 20 hours and not more than 75 hours of
estimated work on a certification by the department, $4,925.
  (c) For more than 75 hours and not more than 125 hours of
estimated work on a certification by the department, $8,443.
  (d) For more than 125 hours and not more than 175 hours of
estimated work on a certification by the department, $11,961.
  (e) For more than 175 hours of estimated work on a
certification by the department, $15,497.
  (f) For specific projects that involve emerging fields of
technology, $13,672 multiplied by the estimated number of months
or partial months of work by the department on the
certification. + }
    { - (2) As used in subsections (1) and (2) of this section, '
fill' and 'removal' have the meanings given in ORS 196.800. - }
   { +  (2)(a) The department shall estimate the number of hours
of work based upon the application for certification. The fees
required under subsection (1) of this section must be paid within
90 days of the date that the applicant is notified by the
department of the number of hours of estimated work, unless the
department agrees in writing to an extension of time for payment.
In all cases the fees must be paid before the department issues
the certification.
  (b) If the fees are not paid within 90 days or within the
period of time agreed to by the department for an extension, the
department may consider that the certification has been withdrawn
by the applicant or the department may deny the certification.
  (c) If the application for certification is modified, or if the
number of hours of estimated work changes, the department may
recalculate the fees.
  (3) Notwithstanding subsection (1) of this section, the
Environmental Quality Commission may establish by rule, on or
after January 1, 2012, a different schedule of fees for state
certification under section 401 of the Federal Water Pollution
Control Act. The schedule of fees established under this
subsection applies to applications for certification first filed
with the department on or after the date specified by the
commission by rule. + }
    { - (3) - }   { + (4) + } 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.
  SECTION 2. { +  The amendments to ORS 468B.047 (1) by section 1
of this 2009 Act apply to applications for certification first
filed with the Department of Environmental Quality on or after
the effective date of this 2009 Act. + }
                         ----------