2011 ORS § 468.065¹
Issuance of permits
  • content
  • fees
  • use

Subject to any specific requirements imposed by ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B:

(1) Applications for all permits authorized or required by ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B shall be made in a form prescribed by the Department of Environmental Quality. Any permit issued by the department shall specify its duration, and the conditions for compliance with the rules and standards, if any, adopted by the Environmental Quality Commission pursuant to ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B.

(2) By rule and after hearing, the commission may establish a schedule of fees for permits issued pursuant to ORS 468A.040 (Permits), 468A.045 (Activities prohibited without permit), 468A.155 (Rules authorizing regional permit programs) and 468B.050 (Water quality permit). Except as provided in ORS 468A.315 (Emission fees for major sources) and 468B.051 (Fees for water quality permit), the fees contained in the schedule shall be based upon the anticipated cost of filing and investigating the application, of carrying out applicable requirements of Title V, of issuing or denying the requested permit, and of an inspection program to determine compliance or noncompliance with the permit. The fee shall accompany the application for the permit. The fees for a permit issued under ORS 468A.040 (Permits) or 468B.050 (Water quality permit) may be imposed on an annual basis.

(3) An applicant for certification of a project under ORS 468B.040 (Certification of hydroelectric power project) or 468B.045 (Certification of change to hydroelectric power project), and any person submitting a notice of intent to seek reauthorization, a preliminary application or an application for reauthorization of a water right for a hydroelectric project under ORS 543A.030 (Notice of intent), 543A.035 (Reauthorization application and public comment), 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes), 543A.080 (Submission of preliminary application information) or 543A.095 (Draft application) shall pay as a fee all expenses incurred by the commission and department related to the review and decision of the Director of the Department of Environmental Quality and commission. These expenses may include legal expenses, expenses incurred in evaluating the project, issuing or denying certification and expenses of commissioning an independent study by a contractor of any aspect of the proposed project. These expenses shall not include the costs incurred in defending a decision of either the director or the commission against appeals or legal challenges. The department shall bill applicants for costs incurred on a monthly basis, and shall provide a biennial report describing how the moneys were spent. An applicant may arrange with the department to pay the fee on a quarterly basis. The department shall not charge a fee under the fee authority in this subsection if the holder is being charged a fee under ORS 543.088 (Payment of costs or fee for reauthorization or relicensing of project) and 543.090 (Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim) or 543A.405 (Application fees). In no event shall the department assess fees under this section and under ORS 543A.405 (Application fees) for performance of the same work.

(4) The department may require the submission of plans, specifications and corrections and revisions thereto and such other reasonable information as it considers necessary to determine the eligibility of the applicant for the permit.

(5) The department may require periodic reports from persons who hold permits under ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.225 (Rates and charges), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B. The report shall be in a form prescribed by the department and shall contain such information as to the amount and nature or common description of the pollutant, contaminant or waste and such other information as the department may require.

(6) Any fee collected under a schedule of fees established pursuant to this section or ORS 468A.315 (Emission fees for major sources) shall be deposited in the State Treasury to the credit of an account of the department. The fees are continuously appropriated to meet the expenses of the program for which they are collected, except as follows:

(a) The federal operating permit program shall include a commensurate amount of the fee for any permit specified in this section for which the department incurs costs associated with the requirements of Title V and any fees collected under ORS 468A.315 (Emission fees for major sources). Fees collected for the federal operating permit program in any biennium that exceed the legislatively approved budget, including amounts authorized by the Emergency Board for the federal operating permit program for such biennium, shall be credited toward the federal operating permit program budget for the following biennium.

(b) Fees collected for permits issued under ORS 468B.050 (Water quality permit) to authorize the discharge of wastes into the waters of the state may be used to pay the expenses of any of the programs associated with the issuance of permits under ORS 468B.050 (Water quality permit) to authorize the discharge of wastes into the waters of the state.

(c) The fees collected under a schedule of fees established pursuant to this section or ORS 468A.315 (Emission fees for major sources) by a regional air pollution control authority pursuant to a permit program authorized by the commission shall be retained by and shall be income to the regional authority except as provided in ORS 468A.155 (Rules authorizing regional permit programs) (2)(c). Such fees shall be accounted for and expended in the same manner as are other funds of the regional authority. However, if the department finds after hearing that the permit program administered by the regional authority does not conform to the requirements of the permit program approved by the commission pursuant to ORS 468A.155 (Rules authorizing regional permit programs), such fees shall be deposited and expended as are permit fees submitted to the department.

(7) As used in this section, Title V has the meaning given in ORS 468A.300 (Definitions for federal operating permit program). [Formerly 449.733 [bad link]; 1975 c.445 §7; 1983 c.144 §2; 1983 c.740 §182; 1989 c.199 §1; 1989 c.833 §77; 1991 c.723 §1; 1991 c.752 §15; 1993 c.790 §2; 1997 c.449 §40b; 1999 c.873 §12; 2005 c.523 §3]