Chapter 468B

 

      468B.005 to 468B.095

(formerly 468.700 to 468.778)

 

ATTY. GEN. OPINIONS: State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

 

      468B.005

(formerly 449.075, then 468.700)

 

      See also annotations under ORS 449.075 in permanent edition.

 

ATTY. GEN. OPINIONS: Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844

 

      468B.010

(formerly 449.070, then 468.705)

 

      See also annotations under ORS 449.070 in permanent edition.

 

ATTY. GEN. OPINIONS: Power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100

 

      468B.015

(formerly 449.077, then 468.710)

 

      See also annotations under ORS 449.077 in permanent edition.

 

ATTY. GEN. OPINIONS: Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100

 

LAW REVIEW CITATIONS: 2 EL 94, 185 (1971)

 

      468B.020

(formerly 449.095, then 468.715)

 

      See also annotations under ORS 449.095 in permanent edition.

 

ATTY. GEN. OPINIONS: Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844

 

LAW REVIEW CITATIONS: 2 EL 185 (1971)

 

      468B.025

(formerly 449.079, then 468.720)

 

      See also annotations under ORS 449.079 in permanent edition.

 

NOTES OF DECISIONS

 

      Discharge that violates terms of permit is not separately punishable under ORS 468B.050 as discharge made without permit. Environmental Quality Commission v. City of Coos Bay, 171 Or App 106, 14 P3d 649 (2000)

 

      Person may not discharge waste into state waters if discharge would reduce quality of water below state’s water quality standards unless person has permit from Department of Environmental Quality that specifically authorizes discharge. Tualatin Riverkeepers v. Department of Environmental Quality, 235 Or App 132, 230 P3d 559 (2010), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844

 

LAW REVIEW CITATIONS: 2 EL 99, 181-188 (1971)

 

      468B.032

 

NOTES OF DECISIONS

 

      Absent assessment of penalty, “other formal enforcement action” by state does not prevent filing of citizen suit under federal Clean Water Act. Oregon State Public Interest Research Group, Inc. v. Pacific Coast Seafoods Company, 341 F. Supp. 2d 1170 (D. Or. 2004)

 

      468B.040

 

NOTES OF DECISIONS

 

      Where Director of DEQ acted on certification request within one-year period and applicant demanded contested case proceeding, EQC and DEQ did not waive certification requirement under section 401 of Federal Water Pollution Control Act. City of Klamath Falls v. Environ. Quality Comm., 119 Or App 375, 851 P2d 602 (1993), aff’d 318 Or 532, 870 P2d 825 (1994)

 

      468B.050

(formerly 449.083, then 468.740)

 

      See also annotations under ORS 449.083 in permanent edition.

 

NOTES OF DECISIONS

 

      Discharge that violates terms of permit is punishable only under ORS 468B.025, not as discharge made without permit. Environmental Quality Commission v. City of Coos Bay, 171 Or App 106, 14 P3d 649 (2000)

 

      Person may not discharge waste into state waters if that discharge would reduce quality of water below state’s water quality standards unless person has permit from Department of Environmental Quality that specifically authorizes discharge. Tualatin Riverkeepers v. Department of Environmental Quality, 235 Or App 132, 230 P3d 559 (2010), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844

 

LAW REVIEW CITATIONS: 2 EL 99, 181 (1971)

 

      468B.060

 

LAW REVIEW CITATIONS: 26 EL 355 (1996)

 

      468B.300

 

NOTES OF DECISIONS

 

      “For which liability may exist” refers to finding of fault in present action that permits recovery for damages incurred in prior or present action. Clausen v. M/V New Carissa, 171 F. Supp. 2d 1138 (D. Or. 2001)

 

      Expert witness fees are recoverable as damages. Clausen v. M/V New Carissa, 171 F. Supp. 2d 1138 (D. Or. 2001)

 

      Attorney fees are recoverable as damages only to extent fees are reasonable in amount and necessary to litigate claim on which plaintiff prevailed. Clausen v. M/V New Carissa, 171 F. Supp. 2d 1138 (D. Or. 2001)

 

      468B.305

(formerly 449.157, then 468.785)

 

LAW REVIEW CITATIONS: 4 EL 384 (1974); 28 WLR 405 (1992)

 

      468B.310

 

LAW REVIEW CITATIONS: 28 WLR 405 (1992)