2011 ORS § 448.410¹
Authority and duties of Environmental Quality Commission
  • rules
  • fees

(1) The Environmental Quality Commission shall:

(a) Adopt rules necessary to carry out the provisions of ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties).

(b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and type, character of wastewater to be treated and other physical conditions affecting the sewage treatment works and the skill, knowledge and experience required of an operator.

(c) Certify persons qualified to supervise the operation of sewage treatment works.

(d) Subject to the prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the costs incurred by the Department of Environmental Quality in carrying out the provisions of ORS 448.410 (Authority and duties of Environmental Quality Commission) to 448.430 (Certification exception) and 448.992 (Sewage treatment works violation penalties) and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(2) The commission may grant a variance from the requirements of ORS 448.415 (Certification required for operators), according to criteria established by rule by the commission.

(3) In adopting rules under this section, the commission shall consult with the Oregon Health Authority in order to coordinate rules adopted under this section with rules adopted by the authority under ORS 448.450 (Powers and duties of Oregon Health Authority). [1987 c.635 §2; 1991 c.703 §9; 2003 c.14 §273; 2009 c.595 §867]

Note: See note under 448.405 (Definitions for ORS 448.405 to 448.465).