2015 ORS 783.638¹
Ballast Water Fund
  • sources
  • uses

(1) The Ballast Water Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ballast Water Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Environmental Quality to:

(a) Monitor vessels regulated under ORS 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management);

(b) Screen ballast water management information reported to the department under ORS 783.640 (Reporting of ballast water management);

(c) Inspect vessels and collect samples of ballast water pursuant to ORS 783.640 (Reporting of ballast water management);

(d) Conduct ballast water management policy development and coordination;

(e) Coordinate with other state agencies, agencies of other states and federal agencies on issues related to ballast water management;

(f) Respond to emergencies regarding aquatic invasive species that may have resulted from the discharge of ballast water; and

(g) Provide outreach and consultation expertise to maritime industry stakeholders regarding:

(A) Best practices related to ballast water management.

(B) Standards and procedures adopted by rule by the Environmental Quality Commission under ORS 783.635 (Discharge of ballast water prohibited).

(2) The fund established by subsection (1) of this section shall consist of:

(a) Fees collected pursuant to ORS 783.636 (Fees).

(b) Late charges collected pursuant to ORS 783.637 (Late charges). [2011 c.321 §5]

Chapter 783

Notes of Decisions

There is nothing in this chapter which provides for different pro­ce­dures where owners of vessel are named in complaint as well as vessel itself. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), aff'd 294 Or 599, 660 P2d 677 (1983)

Procedures provided by this chapter meet funda­mental due process require­ments of adequate notice and opportunity to be heard. Rocky B. Fisheries v. North Bend Fabrica­tion & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 783—Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors783.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 783, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano783.­html (2015) (last ac­cessed Jul. 16, 2016).
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.