(1) The fee schedules authorized under ORS § 468.065 (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 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, a program and rules described in ORS § 468A.337 or a pilot program described in ORS § 468A.339.

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Terms Used In Oregon Statutes 468A.345

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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 for which a person is required to obtain a permit under ORS § 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS § 468A.310; and

(b) Be in addition to, and not in lieu of, any other fee required under ORS § 468.065 or 468A.315.

(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 to 468A.343 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)(a) Any rule adopted under ORS § 468.065 (2) regarding late payment of emission fees by an air contamination source issued a permit under ORS § 468A.040 or 468A.155 shall apply in the same manner to an air contamination source issued a permit under ORS § 468A.040 or 468A.155 for late payment of fees under this section.

(b) Any rule adopted under ORS § 468A.315 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, refuse to issue, suspend, revoke or refuse to renew a permit issued under ORS § 468A.040 or 468A.155 or under the federal operating permit program pursuant to ORS § 468A.310 for failure to comply with the provisions of this section. [2018 c.102 § 13]

 

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