2017 ORS 468B.139¹
  • consultation with governments, agencies and organizations
  • surcharge

(1) The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to an appropriate interim committee of the Legislative Assembly related to the environment by June 1, 2010.

(2) The department’s report shall include, but is not limited to, the following components:

(a) A priority listing of persistent pollutants that pose a threat to the waters of this state, as defined in ORS 196.800 (Definitions for ORS 196.600 to 196.905), and have documented harmful effects on the health and well-being of humans, fish or wildlife, especially aquatic species, based on factors including, but not limited to:

(A) Toxicological and bioaccumulative factors;

(B) The feasibility of reduction options;

(C) Data concerning pollutant dose and response; and

(D) Data regarding the magnitude and significance of specific ongoing and legacy discharges.

(b) Identification of individual point, nonpoint and legacy sources of priority listed persistent pollutants from existing data, including an analysis identifying the quantity, concentration and volume of such pollutants discharged by individual sources on an annual basis.

(c) An evaluation and assessment of source reduction and technological control measures that can reduce the discharge of persistent pollutants into the waters of this state, including an assessment of the costs and effectiveness of such measures and which measures should be prioritized for reducing such pollutants.

(3) The department may contract with a private organization to conduct the study required under this section.

(4) The department shall consult with interested local and tribal governments, state and federal agencies and other private organizations in preparing the report required under this section.

(5)(a) The department shall prepare and report the priority listing described in subsection (2)(a) of this section to the Seventy-fifth Legislative Assembly, in the manner provided by ORS 192.245 (Form of report to legislature), on or before June 1, 2009.

(b) After June 1, 2009, the department shall report to the Legislative Assembly or an interim committee related to the environment whenever the department adds to, or removes from, the priority listing described in subsection (2)(a) of this section a persistent pollutant.

(6) For the purpose of defraying the cost of conducting and administering the study under this section, the department may impose a surcharge on permits issued by the department to permittees. Moneys collected under this subsection shall be deposited into the Persistent Pollutant Control Account established under ORS 468B.143 (Persistent Pollutant Control Account). [2007 c.696 §3]

(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.