ORS § 468B.047

Current through 2024 Regular Session legislation effective April 17, 2024
Section 468B.047 - 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(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.

ORS 468B.047

Formerly 468.068; 2009 c. 761, § 1