(a) "Confined animal feeding operation" has the meaning given that term in rules adopted by the State Department of Agriculture.

(b) "Large confined animal feeding operation" has the meaning given that term in rules adopted by the department.

(c) "Medium confined animal feeding operation" has the meaning given that term in rules adopted by the department.

(d) "NPDES" means the National Pollutant Discharge Elimination System.

(e) "Small confined animal feeding operation" has the meaning given that term in rules adopted by the department.

(f) "WPCF" means a water pollution control facility operated under a permit issued by the Director of the Department of Environmental Quality or a designee of the director.

(2) The State Department of Agriculture shall adopt rules establishing annual permit fees for payment under ORS 468B.215 by confined animal feeding operations or concentrated animal feeding operations that operate under a general NPDES or WPCF permit. The department may adopt rules that establish tiers within each confined animal feeding operation size category for purposes of annual permit fee assessment. Subject to subsection (3) of this section, the annual permit fees may not exceed:

(a) $125 for a small confined animal feeding operation or small concentrated animal feeding operation.

(b) $250 for a medium confined animal feeding operation or medium concentrated animal feeding operation.

(c) $900 for a large confined animal feeding operation or large concentrated animal feeding operation.

(3) The department may not charge more than $10,000 in annual permit fees for payment under ORS 468B.215 by a person operating confined animal feeding operations or concentrated animal feeding operations under an individual NPDES or WPCF permit.

(4) The department shall charge a permit application fee for:

(a) A new confined animal feeding operation or concentrated animal feeding operation proposing to operate under an NPDES or WPCF permit; or

(b) The transfer of an NPDES or WPCF permit for a confined animal feeding operation or concentrated animal feeding operation.

(5) Subject to subsection (6) of this section, a permit application fee charged under this section may not exceed:

(a) $100 for a small confined animal feeding operation or concentrated animal feeding operation.

(b) $150 for a medium confined animal feeding operation or concentrated animal feeding operation.

(c) $300 for a large confined animal feeding operation or concentrated animal feeding operation.

(d) $200 for the transfer of a confined animal feeding operation or concentrated animal feeding operation under a general NPDES or WPCF permit or an individual NPDES or WPCF permit.

(6) The department may not charge more than $15,000 in permit application fees for payment under ORS 468B.215 for new confined animal feeding operations or concentrated animal feeding operations proposed for operation under an individual NPDES or WPCF permit. [Formerly 561.175; 2011 c.325 §1; 2019 c.388 §2]