Bill Text: OR HB3660 | 2011 | Regular Session | Introduced

Oregon House Bill 3660 (Prior Session Legislation)

Introduced

Bill Title: Relating to confined animal feeding operations; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3660 Detail]

Download: Oregon-2011-HB3660-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 4157

                         House Bill 3660

Sponsored by Representative GILLIAM, Senator GIROD;
  Representatives CLEM, KOMP, WEIDNER

                             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.

  Prohibits Water Resources Department from charging or
collecting temporary fee for dam that is part of waste water
control facility for confined animal feeding operation.
  Exempts dam that is part of waste water control facility for
confined animal feeding operation, and water being retained in
dam, from Water Resources Department regulation.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to confined animal feeding operations; creating new
  provisions; amending ORS 468B.215; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Notwithstanding ORS 536.050 (2), during the
period beginning on the effective date of this 2011 Act and
ending July 1, 2013, the Water Resources Department may not
charge or collect an annual fee under ORS 536.050 (2) for a dam
that is part of a waste water control facility that the State
Department of Agriculture is authorized to regulate under ORS
468B.050 or 468B.200 to 468B.230. + }
  SECTION 2.  { + Section 1 of this 2011 Act is repealed January
1, 2014. + }
  SECTION 3. ORS 468B.215 is amended to read:
  468B.215. (1) Any person operating a confined animal feeding
operation shall pay a fee established under ORS 561.255.
  (2) Except for an animal feeding operation subject to
regulation under 33 U.S.C. 1342, a fee shall not be assessed to
nor a permit required under ORS 468B.050 (1)(d) of confined
animal feeding operations of four months or less duration or that
do not have waste water control facilities. A confined animal
feeding operation of four months or less duration or that does
not have waste water control facilities is subject to all
requirements of ORS chapters 468, 468A and 468B if found to be
discharging wastes into the waters of the state.
  (3) The Department of Environmental Quality or the State
Department of Agriculture may impose on the permit required for a
confined animal feeding operation only those conditions necessary
to ensure that wastes are disposed of in a manner that does not
cause pollution of the surface and ground waters of the state.
  (4) A permit for a confined animal feeding operation may be
revoked or modified by the Department of Environmental Quality or
the State Department of Agriculture or may be terminated upon
request by the permit holder. An animal feeding operation may be
inspected for compliance with water quality laws and regulations
by the Department of Environmental Quality or the State
Department of Agriculture.
   { +  (5) Notwithstanding ORS 540.350 to 540.390, any dam that
is part of the waste water control facility for a confined animal
feeding operation, and any water retained by that dam, are exempt
from regulation by the Water Resources Department. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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