2017 ORS 468B.047¹
Fees for state certification under Federal Water Pollution Control Act
  • rules
  • review of department determination
  • disposition of fees

(1) The Environmental Quality Commission shall establish, by rule, a schedule of fees required for state certification under 33 U.S.C. 1341 of the Federal Water Pollution Control Act, as amended.

(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 (Issuance of permits) (3).

(5) Any fees received under 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 this section. [Formerly 468.068; 2009 c.761 §1]

(formerly 468.700 to 468.778)

Atty. Gen. Opinions

State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

1 Legislative Counsel Committee, CHAPTER 468B—Water Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468B.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468B.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.