US Laws, Codes, Statutes & Cases

Chapter 468 — Environmental Quality Generally

 

2007 EDITION

 

ENVIRONMENTAL QUALITY GENERALLY

 

PUBLIC HEALTH AND SAFETY

 

GENERAL ADMINISTRATION

 

468.005     Definitions

 

468.010     Environmental Quality Commission; appointment; confirmation; term; compensation and expenses

 

468.015     Functions of commission

 

468.020     Rules and standards

 

468.030     Department of Environmental Quality

 

468.035     Functions of department

 

468.040     Director; salary

 

468.045     Functions of director; delegation

 

468.050     Deputy director

 

468.055     Contracts with Department of Human Services

 

468.060     Enforcement of rules by health agencies

 

468.062     Authority of Department of Environmental Quality to require fingerprints

 

468.065     Issuance of permits; content; fees; use

 

468.067     Organizational standing to seek judicial review of final order in Title V permit proceeding

 

468.070     Denial, modification, suspension or revocation of permits

 

468.073     Expedited or enhanced regulatory process; payment; disposition of payments

 

468.075     Revolving fund; uses

 

UNIFORM TRANSBOUNDARY POLLUTION RECIPROCAL ACCESS ACT

 

468.076     Definitions for ORS 468.076 to 468.089

 

468.078     Action for pollution originating in Oregon

 

468.079     Action for pollution originating in reciprocating jurisdiction

 

468.080     Applicability of Oregon law

 

468.081     Rights of injured person

 

468.083     Right conferred under ORS 468.076 to 468.087 in addition to other rights

 

468.085     Sovereign immunity defense

 

468.087     Application and construction of ORS 468.076 to 468.087

 

468.089     Short title

 

ENFORCEMENT

 

468.090     Complaint procedure

 

468.095     Investigatory authority; entry on premises; status of records

 

468.100     Enforcement procedures; powers of regional authorities; status of procedures

 

468.110     Appeal; power of court to stay enforcement

 

468.115     Enforcement in cases of emergency

 

468.120     Public hearings; subpoenas, oaths, depositions

 

468.126     Advance notice

 

468.130     Schedule of civil penalties; rules; factors to be considered in imposing civil penalties

 

468.135     Imposition of civil penalties

 

468.140     Civil penalties for specified violations

 

POLLUTION CONTROL FACILITIES TAX CREDIT

 

468.150     Field sanitation and straw utilization and disposal methods as “pollution control facilities”

 

468.153     Legislative findings and declarations

 

468.155     Definitions for ORS 468.155 to 468.190

 

468.160     Policy

 

468.163     Commencement of construction or installation of facility

 

468.165     Application for certification of pollution control facilities; rules; fees

 

468.167     Application for precertification

 

468.170     Action on application; rejection; appeal; issuance of certificate; certification

 

468.172     “Environmental management system” defined

 

468.173     Applicable percentage of certified cost of facility eligible for tax credit

 

468.180     Conditions for issuance of certificate under ORS 468.170

 

468.183     Revocation of certification for loss of Green Permit

 

468.185     Procedure to revoke certification; reinstatement

 

468.190     Allocation of costs to pollution control; rules

 

STATE POLLUTION CONTROL BONDS

 

468.195     Issuance of bonds authorized; principal amount

 

468.215     Pollution Control Fund

 

468.220     Department to administer fund; uses; legislative approval of grants; administrative assessment

 

468.225     Investment of gross proceeds of agency bonds or other obligations

 

468.230     Pollution Control Sinking Fund; use; limitation

 

468.240     Remedy where default occurs on payment to state

 

468.245     Acceptance of federal funds

 

468.250     Participation in matching fund programs with federal government

 

468.253     Authority of director to act to benefit fund

 

468.255     Limit on grants and loans

 

468.260     Return of unexpended funds to state required; use of returned funds

 

COUNTY POLLUTION CONTROL FACILITIES

 

468.263     Definitions for ORS 468.263 to 468.272

 

468.264     Policy

 

468.265     Powers of county over pollution control facilities; limitations

 

468.266     Issuance of bonds

 

468.267     Security for bonds

 

468.268     Enforcement of bond obligation

 

468.269     Trustees; powers

 

468.270     Tax status of leasehold interest in facilities

 

468.271     Effect on procedure of awarding contracts; construction

 

468.272     Application of other laws relating to bonds

 

FINANCING TREATMENT WORKS

 

468.423     Definitions for ORS 468.423 to 468.440

 

468.425     Policy

 

468.427     Water Pollution Control Revolving Fund; sources

 

468.428     Lottery bonds

 

468.429     Uses of revolving fund

 

468.431     Water Pollution Control Administration Fund; sources; uses

 

468.433     Duties of department; public agency loan program

 

468.437     Loan applications; eligibility; repayment; default remedy

 

468.439     Borrowing authority of public agency

 

468.440     Loan terms and interest rates; considerations; rules

 

RECLAIMED PLASTIC PRODUCT TAX CREDIT

 

468.451     Definitions for ORS 468.451 to 468.491

 

468.456     Policy

 

468.461     Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; rules; fee

 

468.466     Action on application; rejection; appeal; certification of investment

 

468.471     Preliminary certification of investment

 

468.476     Final certification

 

468.481     Revocation of certificate; consequences

 

468.486     Allocation of costs to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; rules

 

468.491     Limit on costs certified by commission for tax credit

 

GREEN PERMITS

 

468.501     Definitions for ORS 468.501 to 468.521

 

468.503     Purpose of Green Permits

 

468.506     Commission rulemaking to carry out Green Permit program

 

468.508     Eligibility for Green Permit

 

468.511     Environmental laws not applicable to facility operating under Green Permit

 

468.513     Judicial review of agency decision on issuance of Green Permit

 

468.516     Termination of Green Permit

 

468.518     Application for permit or approval affected by termination of Green Permit

 

468.521     Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected

 

WILLAMETTE RIVER CLEANUP AUTHORITY

 

468.531     Legislative findings

 

468.533     Willamette River Cleanup Authority; purposes; membership; powers

 

ENVIRONMENTAL CRIMES

 

468.920     Definitions for ORS 468.922 to 468.956

 

468.922     Unlawful disposal, storage or treatment of hazardous waste in the second degree

 

468.926     Unlawful disposal, storage or treatment of hazardous waste in the first degree

 

468.929     Unlawful transport of hazardous waste in the second degree

 

468.931     Unlawful transport of hazardous waste in the first degree

 

468.933     Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931

 

468.936     Unlawful air pollution in the second degree

 

468.939     Unlawful air pollution in the first degree

 

468.941     Determination of number of punishable offenses under ORS 468.936 and 468.939

 

468.943     Unlawful water pollution in the second degree

 

468.946     Unlawful water pollution in the first degree

 

468.949     Determination of number of punishable offenses under ORS 468.943 and 468.946

 

468.951     Environmental endangerment

 

468.953     Supplying false information to agency

 

468.956     Refusal to produce material subpoenaed by commission

 

468.959     Upset or bypass as affirmative defense

 

468.961     Approval of Attorney General or district attorney before bringing felony charge; guidelines for bringing felony charge; model guidelines

 

468.962     Notice to Department of Revenue of environmental felony

 

468.963     Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review

 

CIVIL PENALTIES

 

468.996     Civil penalty for intentional or reckless violation; rules

 

468.997     Joinder of certain offenses

 

GENERAL ADMINISTRATION

 

      468.005 Definitions. As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless the context requires otherwise:

      (1) “Commission” means the Environmental Quality Commission.

      (2) “Department” means the Department of Environmental Quality.

      (3) “Director” means the Director of the Department of Environmental Quality.

      (4) “Order” has the same meaning as given in ORS 183.310.

      (5) “Person” includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

      (6) “Rule” has the same meaning as given in ORS 183.310.

      (7) “Standard” or “standards” means such measure of quality or purity for air or for any waters in relation to their reasonable or necessary use as may be established by the commission pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. [Formerly 449.001]

 

      468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses. (1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565.

      (2) The term of office of a member shall be four years, but the members of the commission may be removed by the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties of the member on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 449.016]

 

      468.015 Functions of commission. It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. In addition, the commission shall perform any other duty vested in it by law. [1973 c.835 §4]

 

      468.020 Rules and standards. (1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission.

      (2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission. [Formerly 449.173; 1977 c.38 §1]

 

      468.030 Department of Environmental Quality. There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Environmental Quality and all personnel employed in the department. [Formerly 449.032]

 

      468.035 Functions of department. (1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality:

      (a) Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the quality and purity of the air and the waters of the state in accordance with rules and standards established by the commission.

      (b) May conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state and to the treatment and disposal of wastes.

      (c) Shall advise, consult, and cooperate with other agencies of the state, political subdivisions, other states or the federal government, in respect to any proceedings and all matters pertaining to control of air or water pollution or for the formation and submission to the legislature of interstate pollution control compacts or agreements.

      (d) May employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary to carry out the purposes set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

      (e) Shall conduct and supervise programs of air and water pollution control education, including the preparation and distribution of information regarding air and water pollution sources and control.

      (f) Shall provide advisory technical consultation and services to units of local government and to state agencies.

      (g) Shall develop and conduct demonstration programs in cooperation with units of local government.

      (h) Shall serve as the agency of the state for receipt of moneys from the federal government or other public or private agencies for the purposes of air and water pollution control, studies or research and to expend moneys after appropriation thereof for the purposes given.

      (i) Shall make such determination of priority of air or water pollution control projects as may be necessary under terms of statutes enacted by the Congress of the United States.

      (j) Shall seek enforcement of the air and water pollution laws of the state.

      (k) Shall institute or cause to be instituted in a court of competent jurisdiction, proceedings to compel compliance with any rule or standard adopted or any order or permit, or condition thereof, issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

      (L) Shall encourage the formulation and execution of plans in conjunction with air and water pollution control agencies or with associations of counties, cities, industries and other persons who severally or jointly are or may be the source of air or water pollution, for the prevention and abatement of pollution.

      (m) May determine, by means of field studies and sampling, the degree of air or water pollution in various regions of the state.

      (n) May perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the department as set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

      (o) Shall coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.375 with activities of other cooperating state and federal agencies participating in the project.

      (2) Nothing in this section shall affect the authority of the Department of Human Services to make and enforce rules:

      (a) Regarding the quality of water for human or animal consumption pursuant to ORS 448.115 to 448.325, 624.010 to 624.121 and 624.310 to 624.430; and

      (b) Regarding the quality of water for public swimming places pursuant to ORS 431.110.

      (3) Nothing in this section shall prevent the State Department of Agriculture or the State Forestry Department from independently receiving moneys from a public or private agency for the purposes of preventing or controlling air or water pollution resulting from agricultural or silvicultural activities or soil erosion, or for research related to such purposes.

      (4)(a) In awarding a public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C for a removal or remedial action pursuant to ORS 465.200 to 465.545, a corrective action or cleanup action pursuant to ORS 466.005 to 466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to ORS 468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500, the department, and the Oregon Department of Administrative Services, when administering the establishment of such a contract on behalf of the Department of Environmental Quality under ORS 279A.050 and 279A.140, shall subtract from the amount of any bid or proposal the hazardous waste management fees and solid waste fees that would be required by law to be paid to the department for waste that would be disposed of at a solid waste disposal site or a hazardous waste or PCB disposal facility, based on the bid or proposal. The amount to be subtracted shall be established on the basis of reasonable preprocurement estimates of the amount of waste that would be disposed of under the contract and that would be subject to those fees.

      (b) The subtraction for fees under paragraph (a) of this subsection shall apply only to a contract reasonably anticipated to involve the disposal of no less than 50 tons of hazardous waste or no less than 500 tons of solid waste. The Legislative Assembly finds that making accurate advance estimates of amounts of waste that would be disposed of in projects of this character is technically challenging and requires the application of professional discretion. Therefore, no award of a contract under this subsection shall be subject to challenge, under ORS 279B.410, 279B.415 or 279C.460 or otherwise, on the ground of the inaccuracy or claimed inaccuracy of any such estimate.

      (c) The subtraction for fees under paragraph (a) of this subsection shall not apply to the establishment, by or on behalf of the department, of master contracts by which the department engages the services of a contractor over a period of time for the purpose of issuing work orders for the performance of environmental activities on a project or projects for which the amounts of waste to be disposed of were not reasonably identified at the inception of the master contracts. However, the department shall require any contractor under a master contract to apply the subtraction for fees under paragraph (a) of this subsection in the selection of any subcontractor to perform the removal of waste in amounts equaling or exceeding the amounts set forth in paragraph (b) of this subsection. Nothing in this subsection shall be construed to prohibit the department or the Oregon Department of Administrative Services from establishing contracts pursuant to this section through contracting procedures authorized by ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C that do not require the solicitation of bids or proposals. [Formerly 449.082; 1983 c.740 §181; 1987 c.734 §11; 1995 c.536 §1; 1999 c.740 §6; 1999 c.849 §§102,103; 2001 c.495 §§17,18; 2003 c.75 §§42,43; 2003 c.407 §§25,26; 2003 c.794 §§288,289,290,291]

 

      468.040 Director; salary. The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the Department of Environmental Quality shall be fixed by the commission unless otherwise provided by law. [Formerly 449.026]

 

      468.045 Functions of director; delegation. (1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall:

      (a) Be administrative head of the Department of Environmental Quality;

      (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign, and coordinate personnel of the department;

      (c) Administer and enforce the laws of the state concerning environmental quality; and

      (d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning environmental quality.

      (2) In addition to duties otherwise required by law, the director shall prescribe regulations for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

      (3) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of any such person so acting in the director’s name and by the authority of the director shall be considered to be an official act of the director. [Formerly 449.028]

 

      468.050 Deputy director. (1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.

      (2) The deputy director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the director, and shall be reimbursed for all expenses actually and necessarily incurred by the deputy director in the performance of the official duties of the deputy director. [1973 c.291 §2]

 

      Note: 468.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      468.055 Contracts with Department of Human Services. In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Department of Human Services, the Director of the Department of Environmental Quality and the Director of Human Services may contract on behalf of their respective agencies for the purposes of carrying out the functions of either agency, defining areas of responsibility, furnishing services or employees by one to the other and generally providing cooperative action in the interests of public health and the quality of the environment in Oregon. Each contracting agency is directed to maintain liaison with the other and to cooperate with the other in all matters of joint concern or interest. [Formerly 449.062]

 

      468.060 Enforcement of rules by health agencies. On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Department of Human Services or to any county, district or city board of health to enforce any rule of the commission relating to air or water pollution or solid wastes. [Formerly 449.064]

 

      468.062 Authority of Department of Environmental Quality to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Department of Environmental Quality may require the fingerprints of a person who:

      (1) Is employed or applying for employment by the department in the department’s laboratory and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;

      (2) Provides services or seeks to provide services to the department’s laboratory as a contractor and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;

      (3) Is employed or applying for employment by the department in a position involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents; or

      (4) Provides services or seeks to provide services to the department as a contractor involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents. [2005 c.730 §64]

 

      Note: 468.062 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      468.065 Issuance of permits; content; fees; use. Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B:

      (1) Applications for all permits authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B shall be made in a form prescribed by the Department of Environmental Quality. Any permit issued by the department shall specify its duration, and the conditions for compliance with the rules and standards, if any, adopted by the Environmental Quality Commission pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

      (2) By rule and after hearing, the commission may establish a schedule of fees for permits issued pursuant to ORS 468A.040, 468A.045, 468A.155 and 468B.050. Except as provided in ORS 468A.315 and 468B.051, the fees contained in the schedule shall be based upon the anticipated cost of filing and investigating the application, of carrying out applicable requirements of Title V, of issuing or denying the requested permit, and of an inspection program to determine compliance or noncompliance with the permit. The fee shall accompany the application for the permit. The fees for a permit issued under ORS 468A.040 or 468B.050 may be imposed on an annual basis.

      (3) An applicant for certification of a project under ORS 468B.040 or 468B.045, and any person submitting a notice of intent to seek reauthorization, a preliminary application or an application for reauthorization of a water right for a hydroelectric project under ORS 543A.030, 543A.035, 543A.075, 543A.080 or 543A.095 shall pay as a fee all expenses incurred by the commission and department related to the review and decision of the Director of the Department of Environmental Quality and commission. These expenses may include legal expenses, expenses incurred in evaluating the project, issuing or denying certification and expenses of commissioning an independent study by a contractor of any aspect of the proposed project. These expenses shall not include the costs incurred in defending a decision of either the director or the commission against appeals or legal challenges. The department shall bill applicants for costs incurred on a monthly basis, and shall provide a biennial report describing how the moneys were spent. An applicant may arrange with the department to pay the fee on a quarterly basis. The department shall not charge a fee under the fee authority in this subsection if the holder is being charged a fee under ORS 543.088 and 543.090 or 543A.405. In no event shall the department assess fees under this section and under ORS 543A.405 for performance of the same work.

      (4) The department may require the submission of plans, specifications and corrections and revisions thereto and such other reasonable information as it considers necessary to determine the eligibility of the applicant for the permit.

      (5) The department may require periodic reports from persons who hold permits under ORS 448.305, 454.010 to 454.040, 454.205 to 454.225, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. The report shall be in a form prescribed by the department and shall contain such information as to the amount and nature or common description of the pollutant, contaminant or waste and such other information as the department may require.

      (6) Any fee collected under a schedule of fees established pursuant to this section or ORS 468A.315 shall be deposited in the State Treasury to the credit of an account of the department. The fees are continuously appropriated to meet the expenses of the program for which they are collected, except as follows:

      (a) The federal operating permit program shall include a commensurate amount of the fee for any permit specified in this section for which the department incurs costs associated with the requirements of Title V and any fees collected under ORS 468A.315. Fees collected for the federal operating permit program in any biennium that exceed the legislatively approved budget, including amounts authorized by the Emergency Board for the federal operating permit program for such biennium, shall be credited toward the federal operating permit program budget for the following biennium.

      (b) Fees collected for permits issued under ORS 468B.050 to authorize the discharge of wastes into the waters of the state may be used to pay the expenses of any of the programs associated with the issuance of permits under ORS 468B.050 to authorize the discharge of wastes into the waters of the state.

      (c) The fees collected under a schedule of fees established pursuant to this section or ORS 468A.315 by a regional air pollution control authority pursuant to a permit program authorized by the commission shall be retained by and shall be income to the regional authority except as provided in ORS 468A.155 (2)(c). Such fees shall be accounted for and expended in the same manner as are other funds of the regional authority. However, if the department finds after hearing that the permit program administered by the regional authority does not conform to the requirements of the permit program approved by the commission pursuant to ORS 468A.155, such fees shall be deposited and expended as are permit fees submitted to the department.

      (7) As used in this section, “Title V” has the meaning given in ORS 468A.300. [Formerly 449.733; 1975 c.445 §7; 1983 c.144 §2; 1983 c.740 §182; 1989 c.199 §1; 1989 c.833 §77; 1991 c.723 §1; 1991 c.752 §15; 1993 c.790 §2; 1997 c.449 §40b; 1999 c.873 §12; 2005 c.523 §3]

 

      468.067 Organizational standing to seek judicial review of final order in Title V permit proceeding. (1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding described in subsection (2) of this section if:

      (a) One or more members of the association or organization is adversely affected or aggrieved by the order;

      (b) The interests that the association or organization seeks to protect are germane to the purpose of the association or organization; and

      (c) The nature of the claim and the relief requested do not require that the members of the association or organization who are adversely affected or aggrieved by the order participate in the judicial review proceedings.

      (2) Subsection (1) of this section applies to a permit proceeding pursuant to Title V of the Clean Air Act, 42 U.S.C. 7661 to 7661f, as implemented under ORS chapter 468A. [1999 c.511 §2]

 

      468.068 [1997 c.569 §§3,4(2); renumbered 468B.047 in 1999]

 

      468.070 Denial, modification, suspension or revocation of permits. (1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 if it finds:

      (a) A material misrepresentation or false statement in the application for the permit.

      (b) Failure to comply with the conditions of the permit.

      (c) Violation of any applicable provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) or ORS chapters 468, 468A and 468B.

      (d) Violation of any applicable rule, standard or order of the Environmental Quality Commission.

      (2) The department may modify any permit issued pursuant to ORS 468.065 if it finds that modification is necessary for the proper administration, implementation or enforcement of the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, 466.605 to 466.680 and ORS chapters 468, 468A and 468B.

      (3) The procedure for modification, suspension, revocation or refusal to issue or renew shall be the procedure for a contested case as provided in ORS chapter 183. [1973 c.835 §14; 1979 c.184 §1; 1985 c.733 §22; 1993 c.422 §32]

 

      468.073 Expedited or enhanced regulatory process; payment; disposition of payments. (1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provided during the ordinary course of department business. The department may expend moneys received under the agreements for:

      (a) Activities undertaken by the department under authority of any provision of ORS chapters 448, 453, 454, 459, 459A, 465, 466, 467, 468, 46