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OREGON ADMINISTRATIVE 

RULES COMPILATION 

2010 EDITION - VOLUME 6 

The Oregon Administrative Rules Compilation contains the admiriistrative niles filed through 

November 13, 2009. This annual publication is updated monthly by the on-line Oregon Bulletin. 

Please refer to the OAR Cumulative Index in the on-line Oregon Bulletin for a current listing of 

rulemaking actioris. 

Published by 

KATE BROWN 

- Secretary of State ^ 

Copyright 2010 Oregon Secretary of State 
Table of Contents 

Page 

Ch. 333—Public Health Division, Department of Human Services (continued from Volume 5) 1-202 

Ch. 334—Massage Therapists, Board of 203-212 

Ch. 335—Speech-Language Pathology and Audiology, Board of Examiners for 213-224 

Ch. 337—Radiologic Technology, Board of 225-232 

Ch. 338—Environmental Health Registration Board, Health Licensing Agency 233-238 

Ch. 339—Occupational Therapy Licensing Board 239-246 

Ch. 340—Environmental Quality, Department of fconri/zMec? in Volume 7) 247-566 

General Information 

The Administtative Rules Unit, Archives Division, Secretary of State pubUshes the Oregon Administrative Rules Compilation and 

the on-line Oregon Bulletin. The Oregon Administrative Rules Compilation is an annual publication containing the complete text ofthe 

Oregon Administrative Rules (OARs) at the time of publication. The Oregon Bulletin is a monthly on-line publication which updates 

rule text found in the annual compilation and provides notices of intended rule actions, Executive Orders of the Govemor, Opinions of 

the Attomey General, and other non-OAR notices. 

Background on Oregon Adniinistrative Rules 

ORS 183.310(9) defines "rule" as "any agency directive, standard, regulation or statement of general applicability that implements, 

interprets or prescribes law or pohcy, or describes the procedure or practice requirements of any agency." Agencies may adopt, amend, 

repeal or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's 

Administrative Law Manual. The Administrative Rules Unit, Archives Division, Secretary of State assists agencies with the notification, 

filing and publication requirements of the administrative rules process. Every Admiiustirative Rule uses the same numbering sequence of 

a 3 digit agency chapter number followed by a 3 digit division number and ending with a 4 digit rule number. (000-000-0000) 

How to Cite 

Citation of the Oregon Administrative Rules is made by chapter and rule number. Example: Oregon Administrative Rules, chapter 

164, rule 164-001-0005 (short form: OAR 164-001-0005). 

Understanding an Administrative Rule's "History" 

State agencies operate in a dynamic environment of ever-changing laws, public concems and legislative mandates which necessitate 

ongoing mlemaking. To track the changes to individual mles, and organize the rale filing forms for permanent retention, the Admiiustrative Rules Unit has developed a "history" for each mle which is located at the end of rale text. An Administrative Rule "history" 

outlines the stamtory authority, stamtes implemented and dates of each authorized modification to the rale text. Changes are listed in 

chronological order and identify the agency, filing number, year, filing date and effective date in an abbreviated format. For example: 

"OSA 4-1993, f. & cert. ef. 11-10-93" documents a rale change made by the Oregon State Archives (OSA). The history notes that this 

was the 4th filing from the Archives in 1993, it was filed on November 10, 1993 and the rale changes became effective on the same 

date. The most recent change to each rale is listed at the end ofthe "history." 

Locating the Most Recent Version of an Administrative Rule 

The Oregon Administrative Rules Compilation (2010 Edition) contains the complete text of the Administrative Rules filed through 

November 13, 2009. Every month, changes to individual rales are Usted in the OAR Revision Cumulative Index at the back of the 

Oregon Bulletin. Changes to an individual rale are listed by the OAR number and include the effective date, the specific action and the 

issue of the on-Une Oregon Bulletin where the full text of the modified rale is located. 

Locating Adniinistrative Rules Unit Publications 

The Oregon Administrative Rules Compilation and Oregon Bulletin are available on-line through the Oregon State Archives Website 

at http://arcweb.sos.state.or.us. The printed version of the Compilation is available as a complete set or in individual volumes. Printed 

copies of the Compilation are deposited in Oregon's Public Documents Depository Libraries listed in OAR 543-070-0000, and may 

be purchased by contacting: Administrative Rules Unit, Oregon State Archives, 800 Summer Street NE, Salem, OR 97301, (503) 

378-5199, JuUe.A.Yamaka@state.or.us 

Publication Authority 

The Oregon Bulletin is pubUshed pursuant to ORS 183.360(3). Copies of original notices or rale filings may be obtained from the 

adopting agency or from the Secretary of State, Archives Division, 800 Summer Street, Salem, Oregon, 97301, (503) 373-0701, at a 

records request charge plus $0.75 per additional page. 

Oregon AdministratiTe Rules Compilation 

2010Edition i (11-13-09) 
Oregon Administrative Rules Compilation 

2010 Edition ii (11-13-09) 
Chapter 340 Department of Environmental Quality 

(3) Receipts: A receipt may be given, upon request, for charges 

incurred. 

(4) Reasonable costs associated with responding to a request to 

review or copy a record not specifically addressed by these mles may 

be assessed including the actual costs for the Department to have 

another person make copies of the records. 

(5) Prepayment of Copy Costs: Depending on the volume ofthe 

records requested, the difficulty in determitung whether any of the 

records are exempt from disclosure, and the necessity of consulting 

with legal counsel, the Department may preliminarily estimate the 

charges for responding to a record request and require prepayment of 

the estimated charges. If the actual charges are less than the prepayment, any overpayment will be refunded to the requestor 

Stat. Auth.: ORS 192.410 - 192.505 & 468.020 

Stats. Implemented: ORS 192.440 

Hist.: DEQ 23-1994, f. & cert. ef. 10-21-94; DEQ 9-2000, f. & cert. ef. 7-21-00 

340-011-0370 

Certification of Copies of Records 

Certification of both hard and electronic copies of records will 

be provided. The Department will only certify that on the date copied, 

the copy was a trae and correct copy of the original record. The 

Department cannot certify as to any subsequent changes or meinipulation ofthe record. 

Stat. Audi.: ORS 192.410 -192.505 & 468.020 

Stats. Implemented: ORS 192.440 

Hist.: DEQ 23-1994, f. & cert. ef. 10-21-94; DEQ 9-2000, f. & cert. ef. 7-21-00 

340-011-0380 

Fee Waivers and Reductions 

(1) Ordinarily there will be no charge for one copy of a pubUc 

record: 

(a) When the material requested is currentiy being distributed as 

part of the pubUc participation process such as a news release or public notice. 

(b) When the material requested has been distributed through 

mass mailing and is readily available to the Department at the time of 

request. 

(c) When the records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public fimction or capacity. Even 

if a person qualifies under this subsection, the Department may still 

charge for either record review or copying based on the foUowing factors: 

(A) Any financial hardship on the Department; 

(B) The extent of time, expense and interference with the Department's regular business; 

(C) The volume of the records requested; or 

(D) The necessity to segregate exempt from non-exempt materials. 

(2) Public Interest Annual Fee Waivers; 

(a) An approved aimual fee waiver aUows the requestor to either 

review or obtain one copy of a requested record at no charge. Fee 

waivers are effective for a one year period. 

(b) A person including members ofthe news media and non-profit organizations may be entitled to an annual fee waiver provided that 

a Fee Waiver Form is completed and approved by the Department. The 

form must identify the person's specific ability to disseminate information of the kind maintained by the Department to the general public and that such information is generally in the interest of and benefit to the public within the meaning of the Public Records Law. 

Additional information may be requested by the Department prior to 

granting any fee waiver. 

(c) Even if a person has a fee waiver, the Department may charge 

for either record review or copying based on the following factors: 

(A) Any financial hardship on the Department; 

(B) The extent of time, expense and interference with the Department's regular business; 

(C) The volume of the records requested; 

(D) The necessity to segregate exempt from non-exempt materials; and 

(E) The extent to which the record request does not further the 

public interest or the particular needs of the requestor 

(3) Case-by-Case Waivers or Reductions: A person that does not 

request, or is not approved for an annual waiver, may request a waiver or a reduction of record review or reproduction costs on a case-bycase basis. 

Stat. Auth.; ORS 192.410 -192.505 & 468.020 

Stats. Implemented: ORS 192.440 

Hist.: DEQ 23-1994, f. & cert. ef. 10-21-94; DEQ 9-2000, f. & cert, ef 7-21-00 

340-011-0390 

Exempt Records 

All records held by the Department are public records unless 

exempt from disclosure under ORS Chapter 192 or other applicable 

law. If the Department determines that all or part of a requested public record is exempt from disclosure, the Department will notify the 

requestor and the reasons why the Department considers the record 

exempt. 

Stat. Auth.: ORS 192.410 - 192.505 & 468.020 

Stats. Implemented: ORS 192.501 & 192.502 

Hist.: DEQ 23-1994, f & cert, ef 10-21-94; DEQ 9-2000, f & cert, ef 7-21-00 

Contested Cases 

340-011-0500 

Contested Case Proceedings Generally 

(1) Except as otherwise provided in OAR 340, division Oil, contested cases will be govemed by the Rules of the Office of Administrative Hearings. The term "agency" generally will be interpreted-to 

mean "Department." The term "decision maker" generally will be 

interpreted to mean "Commission." The term "party" generally will 

be interpreted to mean "participant." 

(2) In computing any period of time prescribed or allowed by tiiis 

Division, the day of the act or event from which the designated period of time begins to mn will not be included. The last day of the time 

period is included, unless it is a Saturday or a legal hoUday (including Sunday), in which event the time period mns until the end of the 

next day that is not a Satarday or a legal holiday. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.341 

Hist.: DEQ 7-1988, f & cert, ef 5-6-88; DEQ l-2000(Temp), f. 2-15-00, cert. ef. 

2-15-00 thru 7-31-00; DEQ 9-2000, f & cert, ef 7-21-00; Renumbered from 340-

011-0098 by DEQ 18-2003, f & cert. ef. 12-12-03 

340-011-0505 

Powers of the Director 

The director, on behalf of the Commission, may execute 

(1) Any written order which has been consented to in writing by 

the participants; 

(2) Formal enforcement actions; 

(3) Orders upon default; and 

(4) Any other final order implementing any action taken by the 

Commission on any matter. 

Stat. Auth.: ORS 183.335 & 468.020 

Stats. Implemented: ORS 468.045 & 468.130 

Hist.: DEQ 122, f. & ef. 9-13-76; DEQ I-2000(Temp),f. 2-15-00, cert. ef. 2-15-00 

thnj 7-31-00; DEQ 9-2000, f. & cert, ef 7-21-00; Renumbered from 340-011-0136 

by DEQ 18-2003,f & cert, ef 12-12-03 

340-011-0510 

Agency Representation by Environmental Law Specialist 

(1) Environmental Law SpeciaUsts, and other department personnel as approved by the director, are authorized to appear on behalf 

ofthe department and commission in contested case hearings involving formal enforcement actions issued under OAR 340, division 012, 

and revocation, modification, or denial of licenses, permits, and certifications. 

(2) Environmental Law Specialists or other approved personnel 

may not present legal argument as defined under OAR 137-003-0545 

on behalf of the department or commission in contested case hearings. 

(3) When the department determines it is necessary to consult 

with the Attomey General's office, an administrative law judge will 

provide a reasonable period of time for an agency representative to 

consult with the Attomey General's office and to obtain either written or oral legal argument, if necessary. 

Stat. Auth.: ORS 183.341,183.452 & 468.020 

Stats. Implemented: ORS 183.452 

Hist.: DEQ 16-1991,f&cert.ef. 9-30-91; DEQ l-2000(Temp),f. 2-15-00, cert.ef 

2-15-00 thru 7-31-00; DEQ 9-2000, f. & cert, ef 7-21-00; Renumbered from 340-

011-0103 by DEQ 18-2003, t. & cert, ef 12-12-03; DEQ 5-2008, f. & cert, ef 3-

20-08 

2010 Edition 

Oregon Administratis Rules Compilation 

6-273 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-011-0515 

Authorized Representative of Respondent other than a Natural 

Person in a Contested Case Hearing 

A corporation, partnership, limited liability company, unincorporated association, trast and govemment body may be represented by 

either an attomey or an authorized representative in a contested case 

hearing before an administrative law judge or the comnussion to the 

extent allowed by OAR 137-003-0555. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.457 

Hist.; DEQ 6-2002(Temp), f. & cert, ef 4-24-02, thm 10-21-02; DEQ 10-2002, f 

& cert. ef. 10-8-02; Renumbered from 340-011-0106 by DEQ 18-2003, f & cert. 

ef. 12-12-03; DEQ 5-2008, t. & cert. ef. 3-20-08 

340-011-0520 

Liability for the Acts of a Respondent's Employees 

A respondent is legally responsible for not only its duect acts but 

also the acts of its employee when the employee is acting within the 

scope of the employment relationship, regardless of whether the 

respondent expressly authorizes the act in question. The mental state 

("R" factor under OAR 340-012-0045) of an employee can be imputed to the employer Nothing in this rale prevents the department from 

issuing a formal enforcement action to an employee for violations 

occurring during the scope ofthe employee's employment. 

Stat. Auth.: ORS 183.341 & 468.020 

Stat. Implemented: ORS 468.005,468.130 & 468.140 

Hist.: DEQ 18-2003, f. & cert, ef 12-12-03 

340-011-0525 

Service of Documents 

(1) Service of a formal enforcement action or other document by 

the department or commission can be made either personally, by certified mail or by regular mail. Service is perfected when received by 

the respondent, if by personal service, or when mailed, if sent by mail. 

Service may be made upon: 

(a) The respondent; 

(b) Any other person designated by law as competent to receive 

service of a summons or notice for the respondent; or 

(c) The respondent's attomey or other authorized representative. 

(2) A respondent holding a license or permit issued by the department or commission, or who has submitted an appUcation for a license 

or permit, will be conclusively presumed able to be served at the 

address given in the Ucense or permit application, £is it may be amended from time to time. 

(3) Service by regular maU may be proven by a certificate executed by the person effecting service. 

(4) Regardless of other provisions in this mle, documents sent by 

the department or commission through the U.S. Postal Service by regular mail to a person's last known address are presumed to have been 

received, subject to evidence to the contrary. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.413 & 183.415 

Hist.: DEQ 78, f. 9-6-74, ef 9-25-74; DEQ 122, f & ef 9-13-76; DEQ 1-

2000(Temp), f. 2-15-00, cert, ef 2-15-00 thru 7-31-00; DEQ 9-2000, t. & cert, ef 

7-21-00; Renumbered from 340-011-0097 by DEQ 18-2003, f. & cert, ef 12-12-

03 

340-011-0530 

Requests for Hearing 

(1) Unless a request for hearing is not required by statute or rale, 

or the requirement to file a request for hearing is waived in the formal 

enforcement action, a respondent has 20 calendar days from the date 

of service of the formal enforcement action in which to file a written 

request for hearing unless another timeframe is allowed by statate or 

rale. 

(2) The request for hearing must include a written response to the 

formal enforcement action that admits or denies all factaal matters 

alleged therein, and alleges any and all affirmative defenses and the 

reasoning in support thereof Factaal matters not denied will be considered admitted, and failure to raise a defense wiU be a waiver of the 

defense. New matters alleged in the request for hearing are denied by 

the department unless admitted in subsequent stipulation. 

(3) An amended request for hearing may be accepted by the 

department if the department determines that the filing of an amended request will not unduly delay the proceeding or unfairly prejudice 

the participants. The respondent must provide the department with a 

written explanation why an amended request for hearing is needed 

with the amended request for hearing. 

(4) A late request for hearing may be accepted by the department 

if the department determines that the cause for the late request was 

beyond the reasonable control of the respondent. The respondent must 

provide the department with a written explanation why tlie request for 

hearing was not filed in a timely manner If the respondent fails to provide the written explanation, the department cannot accept the late 

request for hearing. The department may require that the explanation 

be supported by an affidavit. 

(5) The filing of a late request for hearing does not stay the effect 

of any final order. 

(6) The department will deny a late request for hearing that is 

filed more than 60 days after entry of a final order by default. A final 

order by default is considered entered when the order is signed by the 

director on behalf of the department or commission. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.415,183.464,183.482 & 183.484 

Hist.: DEQ 78, f. 9-6-14, et. 9-25-74; DEQ 122, f. & ef 9-13-76; DEQ 7-1988, f 

& cert, ef 5-6-88; DEQ l-2000(Temp), t. 2-15-00, cert, ef 2-15-00 thm 7-31-00; 

DEQ 9-2000, i. & cert, ef 7-21-00; Renumbered from 340-011-0107 by DEQ 18-

2003,f& cert.ef 12-12-03 

340-011-0535 

Final Orders by Default 

(1) The department may enter a final order by default on behalf 

ofthe commission, based upon a prima facie case made on the record, 

when respondent defaults as set fortii in OAR 137-003-0670(1). 

(2) If the respondent has defaulted, the formal enforcement action 

states that the department's record to date will automatically become 

the contested case record upon default, and no further evidence is necessary to make a prima facie case of the facts alleged in the formal 

enforcement action, no contested case hearing will be conducted and 

the department will issue a final order by default. 

(3) If the respondent has defaulted and the department determines 

that evidence, besides that which is in the department's record to date, 

is necessary to make a prima facie case of the facts alleged in the formal enforcement action, the department will proceed to a contested 

case hearing for the purpose of estabhshing a prima facie case upon 

which the administrative law judge may issue a proposed order by 

default. 

(4) If more than one respondent is named in the formal enforcement action and at least one respondent defauks as provided in section (1) of this rale, the department will issue a final order by default 

against the defaulting respondent. An administrative law judge will 

conduct a contested case hearing, as necessary, for the respondents 

who did not default. 

(5) If the formal enforcement action states that a department or 

commission order becomes a final order unless a timely request for 

hearing is filed with the department, the order becomes final on the day 

after the last day that a timely request for hearing should have been 

filed. No further order need be served on the respondent. 

Stat. Auth.: ORS 183.335 & 468.020 

Stat. Impl.: ORS 183.415 & 183.090 

Hist.: DEQ 18-2003, t. & cert. ef. 12-12-03 

340-011-0540 

Consolidation or Bifurcation of Contested Case Hearings 

Each and every violation is a separate and distinct violation, and 

in cases of continuing violations, each day's continuance is a separate 

and distinct violation. Proceedings for the assessment of multiple civil 

penalties for multiple violations may, however, be consolidated into 

a single proceeding or bifurcated into separate proceedings, at the 

department's discretion. Additionally, the department, at its discretion, 

may consolidate or bifurcate contested case hearings involving the 

same fact or set of facts constituting the violation. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented: ORS 183.415 

Hist.: DEQ 78, f 9-6-74, ef 9-25-74; DEQ 21-1992, f. & cert, ef 8-11-92; Renumbered from 340-012-0035 by DEQ 18-2003, {. & cert, ef 12-12-03 

340-011-0545 

Burden and Standard of Proof in Contested Case Hearings; 

Department Interpretation of Rules and Statutory Terms 

(1) The participant who asserts a fact or position is the proponent 

of that fact or position and has the burden of presenting evidence to 

support that fact or position. 

2010 Edition 

Oregon Administrative Rules Compilation 

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Chapter 340 Department of Environmental Quality 

(2) AU findings in a proposed or final order must be based on a 

preponderance of evidence in the record unless another standard is 

specifically required by statute or rale. 

(3) In reviewing flie department's interpretation of a department 

mle as applied in a formal enforcement action, an administrative law 

judge must follow the department's interpretation if that interpretation 

is both plausible and reasonably consistent with the wording ofthe rale 

and the underlying statates. The adniinistrative law judge may state, 

on the record, an altemative interpretation for consideration on appeal. 

(4) With the exception of exact terms that do not require interpretation, an administrative law judge shall give the department's interpretation of statatory terms the appropriate deference in light of the 

department's expertise with the subject matter, the department's experience with the statute, the department's involvement in the relevant 

legislative process, and the degree of discretion accorded the depart-

• ment by the legislative. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented: ORS 183.450 

Hist.: DEQ 18-2003,f. & cert. ef. 12-12-03 

340-011-0550 

Discovery 

(1) Motions for discovery wUl only be granted if the motion 

establishes that: 

(a) the participant seeking the information attempted to obtain the 

information through an informal process. If the participant is seeking 

information from a public agency, the participant must make a public record request prior to petitioning for discovery; and 

(b) the discovery request is reasonably Ukely to produce inforliiation that is generally relevant and necessary to the matters alleged 

in the formal enforcement action and the request for hearing or is likely to facilitate resolution ofthe case. 

(2) An administrative law judge is not authorized to order depositions or site visits unless the department authorizes the same in writing in the specific case. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented: ORS 183.425,183.440 & 183.450 

Hist.: DEQ 18-2003, f & cert, ef 12-12-03 

340-011-0555 

Subpoenas 

(1) Subpoenas for the attendance of witnesses or production of 

documents at a contested case hearing will be issued in accordance 

witii OAR 137-003-0585. 

(2) Copies of the subpoena must be provided to the administrative law judge said all peirticipants at the time of service to the person 

to whom the subpoena is issued. 

(3) Service of a subpoena for the attendance of a witaess must 

be completed by personal service unless the witaess has indicated that 

he is wilUng to appear and the subpoena is mailed at least 10 days prior 

to the hearing. Personal service should be effected at least 7 days prior 

to the hearing. 

(4) Service of a subpoena for the production of documents at a 

contested case hearing may be effected by regular mail provided that 

it is done sufficiently in advance of the hearing to allow reasonable 

time to produce the documents. 

(5) Service of a subpoena for both the attendance of a witaess and 

production of documents must be completed as provided under section (3) of this rale. 

(6) Any witness who appears at a hearing under a subpoena will 

receive fees and mileage as set forth in ORS 44.415(2). The fees and 

mileage must be paid by the participant for whom the subpoena was 

issued and may be paid at either the time of service of the subpoena 

or at the hearing. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented: ORS 183.425,183.440 & 468.120 

Hist.: DEQ 18-2003, {. & cert, ef 12-12-03 

340-011-0560 

Public Attendance at Contested Case Hearing 

An administrative law judge may close a contested case hearing 

to the public upon the request of a participant in the contested case 

hearing. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.341 

Hist.: DEQ I-2000(Temp), f 2-15-00, cert, ef 2-15-00 thm 7-31-00; DEQ 9-2000, 

f. & cert, ef 7-21-00; Renumbered from 340-011-0122 by DEQ 18-2003, f. & cert, 

ef 12-12-03 

340-011-0565 

Inunediate Review by Agency 

Inunediate review by the agency is not allowed. (See OAR 137-

003-0640) 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.341 

Hist.: DEQ i-2000(Temp), f. 2-15-00, cert, ef 2-15-00 thra 7-31 -00; DEQ 9-2000, 

f & cert, ef 7-21-00; Renumbered from 340-011-0124 by DEQ 18-2003, f & cert. 

ef 12-12-03 

340-011-0570 

Permissible Scope of Hearing 

(1) The scope of a contested case hearing will be Umited to those 

matters that are relevant and material to either proving or disproving 

the matters alleged in formal enforcement action and request for hearing. Equitable remedies will not be considered by an adniinistrative 

law judge. 

(2) The administrative law judge may not reduce or mitigate a 

civU penalty below the amount established by the application of the 

civil penalty formula contained in OAR 340, division 12. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.450 & 468.130 

Hist.: DEQ l-2000(Temp), f 2-15-00,cert, ef 2-15-00 thm 7-31-00; DEQ 9-2000, 

f & cert, ef 7-21-00; Renumbered from 340-011-0131 by DEQ 18-2003, f & cert. 

ef 12-12-03 

340-011-0573 

Proposed Orders in Contested Cases 

(1) Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order. The 

administrative law judge wUl serve the proposed order on each participant. A proposed contested case order must conform to the requirements of OAR 137-003-0645(3). 

(2) Within 15 days after a proposed contested case order is issued, 

a participant in the contested case hearing may file a motion requesting that tae adniinistrative law judge clarify or supplement a proposed 

order. The motion must specify why tae participant beUeves that the 

proposed order fails to conform to the requirements of OAR 137-003-

0645(3) and reconunend changes to the order The motion must be 

served on the administtative law judge and all participants in the contested case hearing. 

(3) The administrative law judge may grant or deny a motion filed 

under section (2) of this rale within 15 days. If the motion is granted, 

the adniinistrative law judge may take the matter under advisement and 

reissue the proposed order unchanged or may issue an amended proposed order If the administtative law judge faUs to act on tae motion 

witain 15 days, tae motion is deemed denied by operation of law. 

(4) The filing of a timely motion for clarification under section 

(2) of tais mle tolls the period for fiUng a Petition for Commission 

Review of the proposed contested case order under OAR 340-011-

0575. Tolling ofthe period begins on the day the motion is served on 

the adniinistrative law judge and ends on tae day the motion is denied, 

deemed denied by operation of law, or the proposed order is reissued 

without changes. If the administrative law judge issues an amended 

proposed order, the amended order will be treated as a new proposed 

order for purpose of the filling a timely Petition for Commission 

Review under 340-011 -0575. 

(5) The motion for clarification authorized by this mle is intended to alter the provisions of OAR 137-003-0655 but not to eliminate 

the autaority of the administrative law judge to correct a proposed 

order in tae manner specified in section (2) of that rale. 

(6) A motion for clarification and any response to a motion for 

clarification wiU be part of the record on appeal. 

Stat. Auth.: ORS 468.020,183.341,183,452 

Sats. Implemented: ORS 468A.020,468.070,468.090-0140,183.341,183.452 

Hist.: DEQ 5-2008, f & cert, ef 3-20-08 

340-011-0575 

Review of Proposed Orders in Contested Cases 

(1) For purposes of this mle, filing means receipt in the office of 

the director or other office of the department. 

(2) Commencement of Review by the Commission: The proposed order will become final unless a participant or a member of the 

2010 Edition 

Oregon Administrative Rules Compilation 

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Chapter 340 Department of Environmental Quality 

commission files, wita the conimission, a Petition for Commission 

Review withm 30 days of service of tae proposed order The timely 

filing of a Petition is a jurisdictional requirement and cannot be 

waived. Any participant may file a petition whetaer or not anotaer participant has filed a petition. 

(3) Contents of tae Petition for Commission Review. A petition 

must be in writing and need only state tae participant's or a commissioner's intent that the commission review tae proposed order. Each 

petition and subsequent brief must be captioned to indicate the participant filing tae document and tae type of document (for example: 

Respondents Exceptions and Brief; Department's Answer to Respondent's Exceptions and Brief). 

(4) Procedures on Review: 

(a) Exceptions and Brief: Within 30 days from tae fiUng of a petition, the participant(s) filing the petition must file written exceptions 

and brief The exceptions must specify taose findings and conclusions 

objected to, and also include proposed altemative findings of fact, conclusions of law, and order wita specific references to tae parts of tae 

record upon which tae participant reUes. The brief must include tae 

arguments supporting taese altemative findings of fact, conclusions of 

law and order. Failure to take an exception to a finding or conclusion 

in tae brief, waives tae participant's ability to later raise taat exception. 

(b) Answering Brief: Each participant, except for tae participant(s) filing that exceptions and brief, will have 30 days fixDm tae date 

of filing of tae exceptions and brief under subsection (5)(a), in which 

to file an answering brief. 

(c) Reply Brief: If an answering brief is filed, tae participant(s) 

who filed a petition wiU have 20 days from tae date of filing of the 

answering brief under subsection (5)(b), in which to file a reply brief. 

(d) Briefing on Commission Invoked Review: When one or more 

members of tae commission wish to review the proposed order, and 

no participant has timely filed a Petition, the chair of tae conimission 

wiU promptly notify tae participants ofthe issue taat tae commission 

desires tae participants to brief The participants must limit taeir briefs 

to those issues. The chair of the commission will also estabUsh tae 

schedule for filing of briefs. When tae commission wishes to review 

the proposed order and a participant also requested review, briefing 

wiU follow tae schedule set forta in subsections (a), (b), and (c) of this 

section. 

(e) Extensions: The commission or director may extend any of 

the time limits contained in section (5) of this mle. Each extension 

request must be in writing and filed wita tae commission before the 

expiration of tae time limit. Any request for an extension may be granted or denied in whole or in part. 

(f) Dismissal: The commission may dismiss any petition, upon 

motion of any participant or on its own motion, if the participant(s) 

seeking review fails to timely file tae exceptions or brief required 

under subsection (5)(a) of this rale. A motion to dismiss made by a 

participant must be filed within 45 days after tae filing of tae Petition. 

At the time of dismissal, tae commission will also enter a final order 

upholding the proposed order 

(g) Oral Argument: Following tae expiration of tae time allowed 

the participants to present exceptions and briefs, the matter wUl be 

scheduled for oral argument before tae commission. 

(5) Additional Evidence: A request to present additional evidence 

must be submitted by motion and must be accompanied by a statement 

showing good cause for the failure to present tae evidence to tae 

administrative law judge. The motion must accompany tae brief filed 

under subsection (5)(a) or (b) of this rale. If tae conunission grants tae 

motion or decides on its own motion taat additional evidence is necessary, tae matter will be remanded to an administtative law judge for 

furtaer proceedings. 

(6) Scope of Review: The commission may substitate its judgment for taat of tae administtative law judge in making any particular finding of fact, conclusion of law, or order except as limited by 

OAR 137-003-0655 and 137-003-0665. 

(7) Service of documents on otaer participants: All documents 

required to be filed with the comnussion under this rale must also be 

served upon each participant in the contested case hearing. Service can 

be completed by personal service, certified maU or regular mail. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.460,183.464& 183.470 

Hist.: DEQ 78. f 9-6-74, ef 9-25-74; DEQ 115, f & ef 7-6-76; DEQ 25-1979, f. 

& ef 7-5-79; DEQ 7-1988,f & cert, ef 5-6-88; DEQ l-2000(Temp), f 2-I5-00,ccrt. 

ef. 2-15-00 thm 7-31-00; DEQ 9-2000, f & cert. ef. 7-21-00; Renumbered from 340-

011-0132 by DEQ 18-2003, f. & cert. ef. 12-12-03; DEQ 5-2008, f. & cert. ef. 3-

20-08 

340-011-0580 

Petitions for Reconsideration or Rehearing 

(1) A participant is not required to seek eitaer reconsideration or 

rehearing of a final order prior to seeking judicial review. 

(2) Any petition for reconsideration or rehearing must be received 

by tae department within 60 days of service ofthe final order Unless 

specifically set forta in this mle, the procedures for petitions for reconsideration or rehearing are those in OAR 137-003-0675. 

(3) A petition for reconsideration or rehearing does not stay tae 

effect of tae final order. 

(4) The director, on behalf of the commission, shall issue orders 

granting or denying petitions for reconsideration and rehearing. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.480 & 183.482 

Hist.: DEQ 18-2003, f & cert, ef 12-12-03 

340-011-0585 

Petitions for a Stay of the Effect of a Final Order 

(1) A petition to stay tae effect of any final order must be received 

by the department witiun 60 days of service of tae final order. Unless 

specifically set forta in this mle, tae procedures for petitions for a stay 

are tiiose in OAR 137-003-0690 through 0700. 

(2) If a participant submits a petition for reconsideration or 

rehearing or a late request for hearing, tae petition for a stay must 

accompany taat petition. 

(3) A petition for a stay must contain aU the elements set forta 

in OAR 137-003-0690 and be served upon all participants as set forta 

in 137-003-0690(4). 

(4) Any participant may seek to intervene in tae stay proceeding 

as set forta in OAR 137-003-0695 by filing a response to the petition 

for a stay with tae department. 

(5) The director, on behalf of the commission, shaU issue an order 

granting or denying tae petition for a stay witain 30 days of receipt of 

the petition. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.480 & 183.482 

Hist.: DEQ 18-2003, f & cert. ef. 12-12-03 

340-011-0605 

Miscellaneous Provisions 

Delegation of Autaority to the Director of Department of Environmental QuaUfy — Responding to Clauns Under ORS 197.352. The 

director shall have the autaorify to carry out the responsibiUties and 

exercise tae autaorities of the Commission and tae Department in 

responding to claims under ORS 197.352 (2004 Ballot Measure 37), 

including: 

(1) Review of clauns under OAR 125-145-0100; 

(2) Denial of claims under OAR 125-145-0100; and 

(3) Approval of claims under OAR 125-145-0100, except tiiat tae 

Director may only approve a claim by not appljdng tae statate or rale 

that is tae basis of the claim unless tae Legislative Assembly has 

apportioned funds for payment of claims under Chapter 1, Oregon 

Laws 2005. 

Stat. Auth.: ORS 468.020,197.352 

Stats. Implemented: ORS 468.020 & 197.352 

Hist.: DEQ 5-2006, i. & cert, ef 5-12-06 

DIVISION 12 

ENFORCEMENT PROCEDURE AND CIVIL PENALTIES 

340-012-0026 

Policy 

(1) The goals of enforcement are to: 

(a) Protect the pubUc healta and the environment; 

(b) Obtain and mamtain compUance wita applicable environmental statates and the department's mles, permits and orders; 

(c) Deter future violators and violations; and 

(d) Ensure an appropriate and consistent statewide enforcement 

program. 

(2) The department shall endeavor by conference, concUiation 

and persuasion to soUcit compUance. 

2010 Edition 

Oregon Administrative Rules Compilation 

6-276 (11-13-09) 
I 

Chapter 340 Department of Environmental Quality 

340-012-0155 

Additional or Altemate Civil Penalties 

(1) The following violations and violators may be subject to additional civil penalties as specified below: 

(a) In addition to any other penalty prescribed by taese rales, any 

person who intentionally or recklessly violates any provisions of ORS 

164.785,459.205-459.426,459.705-459.790, Chapters 465,466,467, 

468, or 468 A or 468B or any rale or standard or order of tae commission adopted or issued pursuant to 459.205-459.426, 

459.705^59.790, Chapters 465,466,467,468,468A, or 468B, that 

results in or creates tae imminent likelihood for an extteme hazard to 

tae public health or that causes extensive damage to tae environment, 

may inciu a civU penalty of up to $100,000. When determining the 

civil penalty to be assessed imder this subsection, the director will 

apply the foUowing procedures: 

(A) Select one of tae following base penalties after evaluating the 

cause of the violation: 

(i) $50,000 if the violation was caused intentionaUy; 

(ii) $75,000 if the violation was caused recklessly; 

(ui) $100,000 if the violation was caused flagrantly. 

(B) Then determine the civU penalty through application of the 

following formula: BP + [(.1 x BP) (P -I- H -i- O + C)] + EB. 

(b) In addition to any other penalty prescribed by these rales, any 

person who intentionaUy or negUgentiy causes or permits die discharge 

of oil to waters of tae state will incur a civU penalty not to exceed 

$20,000 dollars for each violation. The amount of tae penalty is determined by doubling tae penalty derived from appUcation of the $8,000 

penalty matrix in 340-012-0140(2) and tae civil penalty formula contained in OAR 340-012-0045. 

(c) In addition to any otaer penalty prescribed by these rales, any 

person who wiUfully or negUgentiy causes or permits the discharge of 

oU to state waters will incur, in addition to any odier penalty derived 

from appUcation ofthe $8,000 penalty matrix in 340-012-0140(2) and 

the civil penalty formula contained in OAR 340-012-0045, a civil 

penalty commensurate with the amount of damage incurred. The 

amoimt of the penalty will be detemiined by the director wita the 

advice of tae director of the Oregon Department of Fish and WildUfe. 

In determining the amount of tae penalty, tae director may consider 

the gravity of tae violation, the previous record of tae violator in complying wita the provisions of ORS 468B.450 to 468B.460, and such 

other considerations the director deems appropriate. 

(d) In addition to any other penalty prescribed by these mles, any 

person who has care, custody or conttol of a hazardous waste or a substance that would be a hazardous waste except for tae fact taat it is not 

discarded, useless or unwanted will incur a civU penalty according to 

tae schedule set forth in this subsection for the destraction, due to contamination of food or water supply by such waste or substance, of any 

of the foUowing wildUfe that are property of the state: 

(A) Each game mammal other taan mountain sheep, mountain 

goat, eUc or silver gray squirrel, $400. 

(B) Each mountain sheep or mountain goat, $3,500. 

(C) Each eUc, $750. 

(D) Each stiver gray squirrel, $10. 

(E) Each game bird other taan wild tarkey, $10. 

(F) Each wild turkey, $50. 

(G) Each game fish other than salmon or steelhead trout, $5. 

(H) Each salmon or steelhead trout, $125. 

(1) Each fur-bearing manunal other than bobcat or fisher, $50. 

(J) Each bobcat or fisher, $350. 

(K) Each specimen of any wildlife species whose survival is specified by the wildlife laws or tae laws of tae United States as threatened 

or endangered, $500. 

(L) Each specimen of any wildUfe species otherwise protected by 

the wildlife laws or tae laws of tae United States, but not otherwise 

referred to in this section, $25. 

(2) The foUowing violations are subject to the civil penalties 

specffied below, in Ueu of civil penalties calculated pursuant to OAR 

340-012-0045: 

(a) The department will assess a field penalty as specified under 

OAR 340-150-0250 unless tae department determines that an owner, 

operator or permittee is not eUgible for the field penalty. 

(b) Any owner or operator of a vessel discharging baUast water 

in violation of ORS 783.635 may incur a civU penalty not to exceed 

$5,000 for each violation. In determining the amount of the penalty. 

the director will consider whetaer tae violation was intentional, negligent or witaout any fault and wiU consider the quality and nature of 

risks created by tae violation, the previous record ofthe violator in 

complying with tae provisions of 468B.450 to 468B.460, and such 

otaer considerations tae director deems appropriate. 

(c) Any owner or operator of a vessel violating tae baUast water 

reporting requirements in ORS 783.640 wUl incur a civil penalty not 

to exceed $500 per violation. 

(d) Air emission sources operating under the Westem Backstop 

S02 Trading Program will be assessed a civil penalty of at least $5,000 

for each ton and each day of violation in excess of the applicable 

allowance limitation as detemiined by OAR chapter 340 division 228. 

(e) Any owner or operator of a confined animal feeding operation that has not applied for or does not have a permit required by ORS 

468B.050 wiU be assessed a civil penalty of $500. 

(f) Any person taat fails to comply with Toxics Use and Hazardous Waste Reduction Plan, system or summaty requirements of 

ORS 465.003 to 465.034 may incur a civil penalty of $500 for each 

violation on each day. 

Stat. Auth.: ORS 465,466,468,020,468.130,468.9% & 783.992 

Stats. Implemented: ORS 465.021,466.785,466.835,466.992,468.090 -468.140, 

468.996,468B.220,468B.450 & 783.992 

Hist.: DEQ 15-1990, f & cert, ef 3-30-90; DEQ 21-1992, i. & cert, ef 8-11-92; 

DEQ 9-2000,f. & cert, ef 7-21-00; DEQ 1-2003,f & cert. ef. 1-31-03; Renumbered 

ftom 340-012-0049,DEQ 4-2005,f 5-13-05,cert.ef. 6-1-05; DEQ 4-2006,f 3-29-

06, cert.ef. 3-31-06; DEQ 14-2008,f& cert.ef. 11-10-08 

340-012-0160 

Department Discretion Regarding Penalty Assessment 

(1) In addition to taat described in section (3) below, the department has tae discretion to increase a base penalty determined under 

OAR 340-012-0140 to that derived using the next highest penalty 

matrix. Factors taat may be taken into consideration in increasing a 

base penalty include the respondent's compliance history, the UkeUhood of future violations, the degree of environmental or human healta 

impact, the deterrence impact and other similar factors. 

(2) In determining a civil penalty, the director may reduce any 

penalty by any amount tae director deems appropriate if tae respondent has voluntarily disclosed tae violation to the departtnent. In deciding whetaer a violation has been voluntarily disclosed, tae director 

may take into account any considerations the director deems appropriate, including whether tae violation was: 

(a) Discovered through an environmental auditing program or a 

systematic compUance program; 

(b) Voluntarily discovered; 

(c) Promptly disclosed; 

(d) Discovered and disclosed independent ofthe govemment or 

a third party; 

(e) Corrected and remedied; 

(f) Prevented from recurring; 

(g) Not repeated; 

(h) Not the cause of significant harm to human health or the environment; and 

(i) Disclosed and corrected in a cooperative manner 

(3) Regardless of any other penalty amount Usted in this division, 

the director has the discretion to increase the penalty to $10,000 per 

violation per day of violation based upon tae facts and circumstances 

of the individual case. 

(4) For violations of a department-issued pemiit with more than 

one permittee, the department may issue separate civU penalties to 

each permittee, given compliance objectives, including the level of 

deterrence needed. 

Stat. Auth.; ORS 468.020 & 468.130 

Stats. Implemented: ORS 183.745.459.376,459.995,465,900,465.992,466.990, 

466.994,468.090 - 468,140,468.996 & 468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05 

340-012-0162 

Inability to Pay the Penalty 

(1) After a penalty is assessed, tae department may reduce a 

penalty based on tae respondent's inability to pay the full penalty 

amount. In order to do so, the department must receive information 

regarding tae respondent's financial condition on a form required by 

tae department along wita any additional documentation requested by 

the department. 

2010 Edition 

Oregon Administrative Rules Compilation 

6-291 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(2) If tae respondent is currently unable to pay the full penalty 

amount, the first option is to place the respondent on a payment schedule wita interest. The department may reduce the penalty only after 

determining that the respondent is unable to meet a payment schedule of a lengta the department determines is reasonable. 

(3) In considering the respondent's abiUty to pay a civil penalty, 

the department may use tae U.S. Environmental Protection Agency's 

ABEL, INDIPAY or MUNIPAY computer models to evaluate a 

respondent's financial condition or ability to pay the full civil penalty amount. Upon request of the respondent, the department will provide the respondent tae name of the version of the model used and 

respond to any reasonable request for information about the content 

or operation of tae model; 

(4) The department, at its discretion, may refuse to reduce an 

assessed civil penalty. In exercising this discretion, die department may 

take into consideration any factor related to the violations or the 

respondent, including but not limited to tae respondent's mental state, 

whetaer the respondent has corrected the violation or taken efforts to 

ensure the violation will not be repeated, whetaer the respondent's 

financial condition poses a serious concem regarding tae respondent's 

ability to remain in compUance, the respondent's future ability to pay, 

and the respondent's real property or otaer assets. 

Stat. Auth,: ORS 468.020 & 468,130 

Stats. Implemented: ORS 454.635,454.645,459376,459,995,465,900,465,992, 

466,990 - 466.994,468.090 - 468.140 & 468B.220 - 468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05 

340-012-0165 

Stipulated Penalties 

Nothing in OAR 340, division 12 affects the abUity of the commission or depjirtment to include stipulated penalties in a Mutual 

Agreement and Order, Consent Order, Consent Judgment or any other 

order or agreement issued under ORS Chapters 183,454,459,465, 

466,467,468,468A, or 468B. 

Stat. Auth,: ORS 454,625,459,995,468,020 & 468,996 

Stats. Implemented: ORS 183,090 & 183.415 

Hist,: DEQ 4-1989, f, & cert, ef 3-14-89; DEQ 15-1990, f & cert, ef, 3-30-90; DEQ 

21-1992, f. & cert, ef 8-11-92; DEQ 19-1998, f & cert, ef 10-12-98; Renumbered 

from 340-012-0048, DEQ 4-2005, t. 5-13-05,cert, ef. 6-1-05 

340-012-0170 

Compromise or Settlement of Civil Penalty by Department 

(1) The department may compromise or settle a civil penalty 

assessed in a formal enforcement action at any amount taat tae department deems appropriate. In determining whetaer a penalty should be 

compromised or settled, the department may take into account the following: 

(a) New information obtained through further investigation or 

provided by the respondent that relates to the penalty determination 

factors contained m OAR 340-012-0045; 

(b) The effect of compromise or settlement on deterrence; 

(c) Whetaer tae respondent has or is wilUng to employ extraordinaty means to correct the violation or maintain compliance; 

(d) Whether tae respondent has had any previous penalties which 

have been compromised or settled; 

(e) Whether the respondent has the abiUty to pay the civil penalty as determined by OAR 340-012-0160; 

(f) Whether the comproiruse or settlement would be consistent 

wita the department's goal of protecting human healta and the environment; and 

(g) The relative sttength or weakness of the department's evidence. 

(2) Expedited Enforcement Offers: 

(a) The department may pursue informal disposition of any 

alleged violation by making an expedited enforcement offer 

(b) The decision as to whetaer to make an expedited enforcement 

offer wita respect to any alleged violation is within the department's 

sole discretion, except as otherwise provided in this section (2). 

(c) In determining whether to make an expedited enforcement 

offer, the department must consider tae amount of the economic benefit gained by the aUeged violator as a result of the noncompUance; 

whetaer the aUeged violator has been tae subject of a formal enforcement action or been issued a waming letter or pre-enforcement notice 

for tae seime or similar violations; whether the alleged violation is isolated or ongoing; and tae mental state ofthe alleged violator. 

(d) The department will not make an expedited enforcement offer 

to settle a Class I violation that has been repeated within the previous 

three years or to settie a violation that would be a major magnitade violation under OAR 340-012-0130(3) regardless of whether a selected 

magnitude under 340-012-0135 appUes. 

(e) The penalty amount for an alleged violation cited in an expedited enforcement offer will be 40% of tae moderate base penalty Usted in OAR 340-012-0140 under the applicable mattix and tae appUcable classffication. 

(f) Participation in the expedited enforcement program is voluntaty. An alleged violator to whom tae department makes an expedited enforcement offer is under no obligation to accept the offer 

(g) A person to whom an expedited enforcement offer is made 

has 30 calendar days from the date of tae offer to accept tae offer by 

signing tae expedited enforcement offer and subirutting the signed 

expedited enforcement offer and payment for the total amount stipulated in the expedited enforcement offer The signed expedited enforcement offer and payment are deemed submitted when received by the 

department. 

(h) By signing the expedited enforcement offer and submitting 

payment to tae department in tae total amount stipulated in the expedited enforcement offer, tae alleged violator accepts the expedited 

enforcement offer, consents to the issuance of a final order of the commission which may include a compUance schedule, and agrees to 

waive any right to appeal or seek administrative or judicial review of 

tae expedited enforcement offer, the final order, or any violation cited 

taerein. 

(i) Expedited enforcement offers incorporated into final orders of 

the commission will be tteated as prior significant actions in accordance wita OAR 340-012-0145. 

(j) The department may initiate a formal enforcement action for 

any violation not settled by acceptance of the expedited enforcement 

offer 

Stat. Auth.: ORS 459,466,467,468.020 & 468.130,183.415,183.745 

Stats. Implemented: ORS 468.130-140, 183.415, 183.470, 183.745, 459.376, 

459.995,465,900,466,990,466,994,468,035,468,090 -140 & 468B.220 

Hist.: DEQ 78,f 9-6-74,ef 9-25-74; DEQ 22-1984, f & ef 11-8-84; DEQ 22-1988, 

f, & cert, ef 9-14-88, Renumbered from 340-012-0075; DEQ 4-1989,f, & cert, ef, 

3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; 

Renumbered from 340-012-0047, DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 

14-2008, f & cert, ef 11-10-08 

DIVISION 13 

WILDERNESS, RECREATIONAL, AND 

SCENIC AREA RULES 

Environmental Standards for Wildemess Areas 

340-013-0005 

Statement of Policy 

Wildemess areas represent a nataral resource of unique importance. Congress has protected such areas by enacting the Wildemess 

Act, Public Law 88-577,16 VS.C. Sec. 1131, et seq. Those wilderness areas located within the geographical Umits of the state are a 

major part of tae cultaral heritage of the citizens of Oregon and are a 

key element in developing and maintaining tourism and recreaition as 

a viable industty. Thus, tae environment of wildemess areas is deserving of the highest level of protection and safeguarding by the state in 

order to preserve Oregon's unique primitive and nataral land areas. The 

Wildemess Act allows certain activities in wildemess eireas. Most of 

taese have minimal present impact on the environment. However, mining and some other activities allowed by the Wildemess Act pose a 

serious threat of a substantial harm to the imique environment of 

wUdemess areas. Therefore, it is declared to be the poUcy and purpose 

of tae Department ofEnvironmental Quality to maintain the environment of wildemess areas essentially in a pristine state and as free from 

air, water, and noise pollution as is practically possible and to permit 

its alteration only in a manner compatible with recreational use and 

the enjoyment of the scenic beauty and splendor of these lands by the 

citizens of Oregon and of the United States. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented; ORS 468,035 & 16 USC 1131 et seq. 

Hist,: DEQ 35, f 2-15-72, ef 3-1-72 

2010 Edition 

Oregon Administrative Rules Compilation 

6-292 (U-13-09)