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OREGON LEGISLATIVE ASSEMBLY-1971 REGULAR SESSION
ENGROSSED
House Bill 1669
Ordered by the Chairman of the
Committee on Rules and Resolutions May 25
(Including Amendments by House May 13)
Sponsored by Representative SKELTON, Senators OUDERKIRK,
HALLOCK, Representatives FADELEY, WILLITS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to con-
sideration by the Legislative Assembly. It is an editor's brief
statement of the essential features of the measure.
Authorizes Environmental Quality Commission to adopt standards re-
lating to control and prevention of emissions of excessive noise including
standards relating to vehicles and aircraft. [Declares violations of stand-
ards to be public nuisance and] Authorizes commission L State Board of
Health and local boards of health] to file proceedings to abate nuisances
relating to excessive noise [in specified manner]. [Prohibits emissions by
persons or public bodies of noise in excess of levels set by commission out-
side boundaries of their property or property controlled by them. Prohibits,
except in specified emergency situations, use of airport facilities within
state for landings and takeoffs by aircraft emitting noise in excess of speci-
fied level. Makes related changes.] Provides penalties.
Declares emergency. Effective July I, 1971.
NOTE: Matter in bold face in an amended section is new; matter [italic and brack-
eted] is existing law to be omitted; complete new sections begin with
SECTION.
Eng. HB 1669
[2]
A BILL FOR AN ACT
1
2 Relating to noise; providing penalties; and declaring an emergency.
3 Be It Enacted by the People of the State of Oregon:
f SECTION 1. The Legislative Assembly finds that the increasing inci-
5 dence of noise emissions in this state at unreasonable levels is as much a
6 threat to the environmental quality of life in this state and the health,
7 safety and welfare of the people of this state as is pollution of the air and
8 waters of this state. To provide protection of the health, safety and wel-
9 fare of Oregon citizens from the hazards and deterioration of the quality of
10 life imposed by excessive noise emissions, it is hereby declared that the
11 State of Oregon has an interest in the control of such pollution, and that a
12 program of protection should be initiated. To carry out this purpose, it is
13 desirable to centralize in the Environmental Quality Commission the au-
14 thority to adopt reasonable state-wide standards for noise emissions per-
15 mitted within this state and to implement and enforce compliance with
16 such standards.
17 SECTION 2. In accordance with the applicable provisions of ORS
18 chapter 183, the Environmental Quality Commission shall promulgate rea-
19 sonable rules relating to the control of levels of noise emitted into the en-
20 vironment of this state and including the folowing:
21 (1) Establish categories of noise emission sources, including the cate-
22 gories of motor vehicles and aircraft;
23 (2) Estabish requirements and specifications for equipment to be used
2f in the monitoring of noise emissions;
25 (3) Adopt procedures for the collection, reporting, interpretations and
26 use of data obtained from noise monitoring activities;
27 (4) Investigate and, after appropriate public notice and hearing, es-
28 tablish maximum permissible levels of noise emission for each category
29 established, as measured by units of perceived noise, in decibels (EPNdB);
30 and
81 (5) Adopt, after appropriate public notice and hearing, standards for
32 the control of noise emissions which shall be enforceable by order of the
33 commission.
Sf SECTION 3. No person may emit, cause the emission of, or permit
[ 3 ] Eng. HB 1669
1 the emission of noise in excess of the levels fixed therefor by the En-
2 vironmental Quality Commission pursuant to section 2 of this Act.
3 SECTION 4. The Environmental Quality Commission has the power
4 to investigate complaints regarding excessive noise emission, to hold hear-
5 ings, to issue orders, to make rules, to impose sanctions, and to do any
6 other thing necessary to carry out the policies of this state as set forth
7 in this Act.
8 SECTION 5. The Environmental Quality Commission shall have the
9 further power to bring civil abatement proceedings in the manner provided
10 by ORS 449.100 against violation of this Act or rules or orders made
11 thereunder.
12 SECTION 6. Violation of this Act, or rules or orders made under the
13 provisions of this Act is punishable, upon conviction, by a fine of not more
14 than $500 or by imprisonment in the county jail for not more than six
16 months, or both. Each day of violation shall be considered a separate
16 offense.
17 SECTION 7. This Act being necessary for the immediate preser-
18 vation of the public peace, health and safety, an emergency is declared
19 to exist, and this Act takes effect July I, 1971.
o