Bill Text: OR SB523 | 2013 | Regular Session | Introduced
Bill Title: Relating to water quality; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB523 Detail]
Download: Oregon-2013-SB523-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3603
Senate Bill 523
Sponsored by COMMITTEE ON JUDICIARY (at the request of
Willamette Riverkeeper)Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires water quality permit holders who discharge persistent
bioaccumulative toxins into Oregon waters at concentrations that
cause waters to fail to meet water quality standards to pay for
installation and maintenance of marker systems.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to water quality; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 468B.048 to 468B.085. + }
SECTION 2. { + (1) As used in this section, 'persistent
bioaccumulative toxin' means a toxic substance that accumulates
in plant or animal tissue and remains in the tissue for
substantial periods of time.
(2) Any person that discharges waste into the waters of the
state under a permit issued pursuant to ORS 468B.050 shall pay
for the installation and maintenance of a system of buoys or
similar markers, or an alternative under subsection (4) or (5) of
this section, if the waste contains persistent bioaccumulative
toxins at concentrations that cause the waters to fail to meet
the standards for water quality and purity established by the
Environmental Quality Commission under ORS 468B.048. The system
of buoys or similar markers shall designate the area where the
waters fail to meet the standards for water quality and purity
because of the discharge. The payment for installation and
maintenance must be made as part of the permit fee established
pursuant to ORS 468.065.
(3) The buoys or similar markers required under subsection (2)
of this section:
(a) May not interfere with navigation or use of the waters;
(b) Shall be installed and maintained by the Department of
Environmental Quality; and
(c) Shall indicate how a person may obtain additional
information about the discharge.
(4) If the department determines that it is not feasible to
install buoys or similar markers in the waters of the state due
to issues related to navigation or stream size, onshore signs may
be used as a substitute if the signs:
(a) Indicate how a person may obtain additional information
about the discharge; and
(b) Contain a map showing the general location of the discharge
in the body of water.
(5) If the department determines that it is not feasible to
install buoys, similar markers or onshore signs, the department
may use another comparable means of public notice.
(6) The Environmental Quality Commission shall adopt rules
necessary for the administration of this section. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, sections 1 and 2 of this 2013 Act become operative
on September 1, 2014.
(2) The Environmental Quality Commission may adopt rules or
take any other action before the operative date specified in
subsection (1) of this section that is necessary to implement, on
and after the operative date specified in subsection (1) of this
section, sections 1 and 2 of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
