Section 468B.215 - Fees; preliminary consultation; permit conditions; inspection by State Department of Agriculture; review(1) As used in this section: (a) "Expanding confined animal feeding operation" means a confined animal feeding operation that is expanding operational size into a new tier, as described in ORS 561.255 (2).(b) "Expanding large confined animal feeding operation" means a large confined animal feeding operation in the largest tier described in ORS 561.255 (2) that is expanding the capacity of the large confined animal feeding operation to manage animal wastes, consistent with the conditions of a permit issued under ORS 468B.050, to more than 20 percent of the capacity of the large confined animal feeding operation.(c) "Large confined animal feeding operation" has the meaning given that term in ORS 561.255.(d) "New confined animal feeding operation" means a confined animal feeding operation that is seeking a permit under ORS 468B.050 to operate on a parcel of land on which no confined animal feeding operation has previously operated.(e) "New large confined animal feeding operation" means a large confined animal feeding operation that is seeking a permit under ORS 468B.050 to operate on a parcel of land on which no confined animal feeding operation has previously operated.(f) "NPDES" and "WPCF" have the meanings given those terms in ORS 561.255.(2) Any person operating a confined animal feeding operation or concentrated animal feeding operation under an NPDES or WPCF permit shall annually pay a fee for a confined animal feeding operation permit or concentrated animal feeding operation permit as provided by State Department of Agriculture rules adopted under ORS 561.255.(3) 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.(4)(a) Before submitting an application for a permit under ORS 468B.050 for a new large confined animal feeding operation or an expanding large confined animal feeding operation, an applicant shall:(A) Request that the Department of Environmental Quality or the State Department of Agriculture schedule a preliminary consultation.(B) Participate in the preliminary consultation.(b) Before scheduling the preliminary consultation, the Department of Environmental Quality or the State Department of Agriculture shall: (A) Notify the governing bodies of all federally recognized Indian tribes in this state; and(B) Consult with the governing bodies, upon request by the governing bodies.(c) The preliminary consultation must: (A) Include the applicant, the Department of Environmental Quality, the State Department of Agriculture, the Water Resources Department and other relevant state agencies, as determined by the Department of Environmental Quality and the State Department of Agriculture.(B) Occur not more than 45 days after the request is received.(5)(a) In addition to other permit conditions, a person that applies for a permit under ORS 468B.050 for: (A) A confined animal feeding operation shall submit a water supply plan, as described in ORS 468B.216, with the application.(B) A new large confined animal feeding operation shall send individual notice of the public comment period for the permit, by mail, to all persons on record as owning property within one-half mile of the parcel of land on which the new large confined animal feeding operation is proposed to be located.(b) The Department of Environmental Quality and State Department of Agriculture may not consider a person's lack of receipt of the notice described in paragraph (a)(B) of this subsection when deciding whether to approve or deny an application for a permit under ORS 468B.050.(6) 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:(a) Wastes are used in a manner that does not cause pollution of the surface and ground waters of the state.(b) The confined animal feeding operation is in compliance with water quality standards.(c) The quantity of water necessary to supply the level and duration of the water needs of the confined animal feeding operation, including any ancillary operations of the confined animal feeding operation described in the permit, is legally authorized.(7) After being issued a permit under ORS 468B.050, a person may not bring animals to a new confined animal feeding operation, or to newly constructed or installed facilities for an expanding confined animal feeding operation, until after the State Department of Agriculture:(a) Inspects the new confined animal feeding operation or expanding confined animal feeding operation; and(b) Confirms that the construction or installation of the waste management system and relevant operational functions of the new confined animal feeding operation or expanding confined animal feeding operation comply with the conditions of the water quality permit.(8) In addition to monitoring and reporting requirements under an NPDES or WPCF permit, a person that holds a permit under ORS 468B.050 for a confined animal feeding operation and sends manure, litter or processed wastewater to a person that holds a nutrient application permit described in ORS 468B.219 shall maintain records of the nutrient application permit, including the number of the nutrient application permit.(9) 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.Amended by 2023 Ch. 465, § 2, eff. 7/27/2023.Amended by 2019 Ch. 388, § 1, eff. 9/29/2019, op. 1/1/2020.Formerly 468.689; 2001 c.248 §8 Section 3, chapter 465, Oregon Laws 2023, provides:
Sec. 3. The provisions of ORS 468B.215 (5) and (7) apply to:
(1) New confined animal feeding operations and expanding confined animal feeding operations, as defined in ORS 468B.215, that apply for a permit under ORS 468B.050 on or after the effective date of this 2023 Act [July 27, 2023].
(2) Large confined animal feeding operations, as described in ORS 561.255 (1), that renew permits under ORS 468B.050 on or after July 1, 2024.
(3) Small confined animal feeding operations and medium confined animal feeding operations, as described in ORS 561.255 (1), that renew permits under ORS 468B.050 on or after July 1, 2025. [2023 c. 465, § 3]