ORS 468A.345
Fees
(1)
The fee schedules authorized under ORS 468.065 (Issuance of permits) (2) for permits described in subsection (2) of this section may include fees that are reasonably calculated to cover the direct and indirect costs of the Department of Environmental Quality and the Environmental Quality Commission in developing and implementing, under ORS 468A.335 (Definitions) to 468A.343 (Public meetings) and section 7, chapter 102, Oregon Laws 2018, a program and rules described in ORS 468A.337 (Individual air contamination source program) or a pilot program described in ORS 468A.339 (Pilot program).(2)
The fees authorized by subsection (1) of this section shall:(a)
Apply for any class of air contamination sources classified pursuant to ORS 468A.050 (Classification of air contamination sources) for which a person is required to obtain a permit under ORS 468A.040 (Permits) or 468A.155 (Rules authorizing regional permit programs) or is subject to the federal operating permit program pursuant to ORS 468A.310 (Federal operating permit program approval); and(b)
Be in addition to, and not in lieu of, any other fee required under ORS 468.065 (Issuance of permits) or 468A.315 (Emission fees for major sources).(3)
Not more than once each calendar year, the Environmental Quality Commission may increase the fees authorized under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of implementing ORS 468A.335 (Definitions) to 468A.343 (Public meetings) and section 7, chapter 102, Oregon Laws 2018, or three percent, whichever is lower, unless a larger increase is provided for in the Department of Environmental Quality’s legislatively approved budget.(4)
Intentionally left blank —Ed.(a)
Any rule adopted under ORS 468.065 (Issuance of permits) (2) regarding late payment of emission fees by an air contamination source issued a permit under ORS 468A.040 (Permits) or 468A.155 (Rules authorizing regional permit programs) shall apply in the same manner to an air contamination source issued a permit under ORS 468A.040 (Permits) or 468A.155 (Rules authorizing regional permit programs) for late payment of fees under this section.(b)
Any rule adopted under ORS 468A.315 (Emission fees for major sources) regarding late payment of emission fees by sources subject to the federal operating permit program shall apply in the same manner to sources subject to the federal operating permit program for late payment of fees under this section.(5)
The department may, in the manner provided in ORS 468.070 (Denial, modification, suspension or revocation of permits), refuse to issue, suspend, revoke or refuse to renew a permit issued under ORS 468A.040 (Permits) or 468A.155 (Rules authorizing regional permit programs) or under the federal operating permit program pursuant to ORS 468A.310 (Federal operating permit program approval) for failure to comply with the provisions of this section. [2018 c.102 §13](2)
The Environmental Quality Commission may not increase the fees established under section 13 of this 2018 Act pursuant to section 13 (3) of this 2018 Act before January 1, 2020. Increased fees imposed pursuant to this subsection shall first become due and payable no earlier than July 1, 2020.(3)
Intentionally left blank —Ed.(a)
A fee imposed under section 13 of this 2018 Act may not exceed an amount equal to 35 percent of the fee imposed on a person during the 2018 calendar year, pursuant to ORS 468.065 (Issuance of permits) (2), for an air contamination source classified pursuant to ORS 468A.050 (Classification of air contamination sources) for which the person is required to obtain a permit under ORS 468A.040 (Permits) or 468A.155 (Rules authorizing regional permit programs) or is subject to the federal operating permit program pursuant to ORS 468A.310 (Federal operating permit program approval).(b)
For purposes of administering this subsection, the commission shall exclude from the fee imposed on a person during the 2018 calendar year that portion of the fee that was imposed to cover the costs to the Department of Environmental Quality for any greenhouse gas emissions registration and reporting requirements adopted by the commission by rule. [2018 c.102 §14]
Source:
Section 468A.345 — Fees, https://www.oregonlegislature.gov/bills_laws/ors/ors468A.html.
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