Report; consultation with governments, agencies and organizations; surcharge.

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(2) The department’s report shall include, but is not limited to, the following components:

(a) A priority listing of persistent pollutants that pose a threat to the waters of this state, as defined in ORS 196.800, and have documented harmful effects on the health and well-being of humans, fish or wildlife, especially aquatic species, based on factors including, but not limited to:

(A) Toxicological and bioaccumulative factors;

(B) The feasibility of reduction options;

(C) Data concerning pollutant dose and response; and

(D) Data regarding the magnitude and significance of specific ongoing and legacy discharges.

(b) Identification of individual point, nonpoint and legacy sources of priority listed persistent pollutants from existing data, including an analysis identifying the quantity, concentration and volume of such pollutants discharged by individual sources on an annual basis.

(c) An evaluation and assessment of source reduction and technological control measures that can reduce the discharge of persistent pollutants into the waters of this state, including an assessment of the costs and effectiveness of such measures and which measures should be prioritized for reducing such pollutants.

(3) The department may contract with a private organization to conduct the study required under this section.

(4) The department shall consult with interested local and tribal governments, state and federal agencies and other private organizations in preparing the report required under this section.

(5)(a) The department shall prepare and report the priority listing described in subsection (2)(a) of this section to the Seventy-fifth Legislative Assembly, in the manner provided by ORS 192.245, on or before June 1, 2009.

(b) After June 1, 2009, the department shall report to the Legislative Assembly or an interim committee related to the environment whenever the department adds to, or removes from, the priority listing described in subsection (2)(a) of this section a persistent pollutant.

(6) For the purpose of defraying the cost of conducting and administering the study under this section, the department may impose a surcharge on permits issued by the department to permittees. Moneys collected under this subsection shall be deposited into the Persistent Pollutant Control Account established under ORS 468B.143. [2007 c.696 §3]


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