SENATE COMMITTEE ON WATER AND LAND USE

 

 

January 29, 2003                                                                                                     Hearing Room D

3:00 p.m.                                                                                                                          Tapes  6 - 7

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

 

MEMBER EXCUSED:          Sen. Rick Metsger

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           Informational Meeting

     Department of Environmental Quality overview

     Community Solutions Team update

SB 251 - Public Hearing

    

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 6, A

005

Chair Ferrioli

Calls meeting to order at 3:10 pm. Opens informational meeting.

INFORMATIONAL MEETING

010

Mike Llewelyn

Department of Environmental Quality (DEQ) Water Quality Division Administrator. Discusses DEQ water clean-up plans and the Total Maximum Daily Load (TMDL) program. Submits written testimony (EXHIBITS A, B, C, D, E). Discusses the legal and technical implications of the Hawes decision, a legal case involving the State of Oregon’s authority to determine TMDLs on water bodies that are impacted by only nonpoint source pollution.

075

Chair Ferrioli

Comments on the confusion of the Hawes case.

090

Llewelyn

Responds.

109

Chair Ferrioli

Asks what should be considered point and nonpoint source pollution.

113

Llewelyn

Indicates that the federal law defines point and nonpoint source pollution and refers to Section 402 of the Clean Water Act.

116

Chair Ferrioli

Questions whether the definition is clear.

118

Llewelyn

Comments on the gray area existing between the definitions of point and nonpoint sources.

136

Chair Ferrioli

Inquires if the gray area exists for streams listed for temperature.

138

Llewelyn

Clarifies the definitions of point source and nonpoint source.

141

Chair Ferrioli

Suggests further discussions about the Hawes case.

150

Llewelyn

Refers to Department of Justice Assistant Attorney General Richard Whitman.

155

Sen. Ringo

Requests a copy of the legal decision.

160

Chair Ferrioli

Asks that a copy be given to the Committee Administrator.

163

Llewelyn

Discusses DEQ process improvement initiatives:

  • Advisory committee for onsite sewage disposal program issues
  • Blue ribbon committee for waste water program for municipal and industrial permits
  • State revolving-loan program administration

240

Llewelyn

Advocates opening the state revolving-loan program to both point and nonpoint sources.

270

Chair Ferrioli

Refers to the Leaking Underground Storage Tank (LUST) program and comments that there is a history of potential problems involving revolving loan funds.

300

Llewelyn

Indicates that DEQ will be looking at those issues.

307

Chair Ferrioli

Comments on helping small communities obtain permits and asks about DEQ’s policy on permit access for waste water programs.

330

Llewelyn

Points out that there is a backlog in the permit waiting list and that DEQ would like to improve the response time.

356

Chair Ferrioli

Comments that DEQ has appropriations and policy issues and suggests DEQ bring the committee its policy recommendations.

397

Sen. Atkinson

Asks for policy recommendations to speed cleanup of old gas stations in small rural communities. Inquires about the status of the DEQ Deputy Director.

423

Llewelyn

Confirms that Paul Slymon is Deputy Director of DEQ.

430

Sen. Atkinson

Comments that policy recommendations will be very helpful in clarifying issues.

TAPE 7, A

030

Chris Warner

Community Solutions Team Director. Gives overview of Community Solutions Team. Discusses Governor’s request for Community Solutions Team to provide an assessment and help rural Oregon access agencies.

073

Sen. Ringo

Inquires about the location of Community Solutions Team office and if its focus is on rural areas and not the Willamette Valley.

078

Warner

Responds.

083

Sen. Atkinson

Refers to the Council of Governments (COG) plan from the 1970s and asks about the difference between Community Solutions Team and COG.

097

Warner

Offers to research and report back to the committee.

100

Sen. Atkinson

Requests clarification about the goals of Community Solutions Team.

110

Warner

Explains that the goal is to bring government entities together to streamline processes in a community-based way.

136

Sen. Atkinson

Suggests that it should be the job of legislators.

142

Chair Ferrioli

Comments that it can be difficult to get the right information between agencies and that the Community Solutions Team can bring government agencies together to facilitate the process. Suggests that the community solutions model is a good model for government.

220

Sen. Ringo

Comments that Community Solutions Team has been successful in the past but may be losing some effectiveness.

237

Chair Ferrioli

Responds.

250

Sen. Atkinson

Continues discussion of COG system in southern Oregon.

270

Chair Ferrioli

Comments that the community-based solutions idea is good for government. Closes informational meeting and opens public hearing SB 251.

SB 251 - PUBLIC HEARING

296

Judith Callens

Committee Administrator.  Gives overview of SB 251 and -1 amendments (EXHIBIT F).

333

Chair Ferrioli

Asks why the amendments are necessary.

336

Bob Rindy

Department of Land Conservation and Development (DLCD). Responds.

395

Chair Ferrioli

Suggests that the drafting error was obviously inadvertent and should be fixed.

TAPE 6, B

015

Rindy

Responds that DLCD thought it was correct but then learned of the error, which the amendment will fix.

030

Chair Ferrioli

Points out that some witnesses were not available to testify, so he will hold the bill for more witness testimony.

040

Sen. Atkinson

Suggests that some housing policies are not flexible for smaller towns such as Jacksonville.

070

Chair Ferrioli

Comments that without access to affordable housing in those small communities, the communities will be places for only rich people.

075

Rindy

Responds that the statute provides for flexibility in affordable housing issues in any town.

082

Chair Ferrioli

Closes public hearing on SB 251. Adjourns meeting at 4:20 p.m.

 

EXHIBIT SUMMARY

 

A – DEQ, Strategic Directions brochure, M. Llewelyn, 12pp

B – DEQ, Cleaning Up the Willamette Fact Sheet, M Llewelyn, 1 p

C – DEQ, SB 196: Hazardous Waste Work and Fee Modifications Fact Sheet,

       M. Llewelyn, 1 p

D – DEQ, Fee Ratifications SB 197, M. Llewelyn, 1 p

E – DEQ, written testimony, M. Llewelyn, 16 pp

F – SB 251, 251-1 amendments dated 1/29/03, staff, 1 p