Proposed July20, 2012

Permit Number: 2000J

Expiration Date: ***, 2017

Page 1 of 27 Pages 

GENERAL PERMIT

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT

Department of Environmental Quality

811 SW Sixth Avenue

Portland, OR 97204

Telephone: (503) 229-5630

Issued pursuant to ORS 468B.050 and The Federal Clean Water Act

ISSUED TO:

PESTICIDE APPLICATIONS THAT ARE COVERED UNDER THE PERMIT: 

This permit is required for pesticide applications for weed and algae control in an irrigation system or at the 

water’s edge within the irrigation system boundaries. “Weed and algae control” includes control of invasive 

or other nuisance weeds, algae and pathogens such as, fungi and bacteria. “Irrigation systems” include, but 

are not limited to, irrigation canals, laterals, ditches, drains or detention basins. “Water’s edge” means 

pesticide applications made within three feet of waters of the state or within three feet of conveyances with a 

surface connection to waters of the state at the time of pesticide application. The three feet distance is 

measured horizontally from the water’s edge. 

The following entities may register for this permit:

• Irrigation Districts formed under ORS Chapter 545,

• Entities previously assigned an individual permit for the application of aquatic pesticides in irrigation 

systems, or

• Other entities that own or operate irrigation systems in which pesticide applications made to the total 

treatment area exceeds 20 acres of surface area or 20 linear miles in a calendar year.

Issued:

Effective:

 

Greg Aldrich, Interim Administrator

Water Quality Division

PERMITTED ACTIVITIES

Until this permit expires or is modified or revoked, the permit registrant is authorized to apply pesticides in 

surface waters of the state only from the authorized discharge point or points established in Schedule A and 

only in conformance with all the requirements, limitations, and conditions set forth in the attached schedules 

as follows:

Page

Schedule A - Discharge Limitations not to be Exceeded ....................................................4

Schedule B - Minimum Monitoring and Reporting Requirements.....................................9

Schedule C - Compliance Conditions and Schedules............................................Reserved

Schedule D - Special Conditions.......................................................................................15
Permit Number: 2000J

Page 2 of 27 Pages

Schedule F - General Conditions.......................................................................................20

Unless specifically authorized by this permit, by another NPDES or WPCF permit, or by Oregon 

Administrative Rule, any other direct or indirect discharge of waste is prohibited, including discharge to 

waters of the state or an underground injection control system.

COVERAGE AND ELIGIBILITY

A. WHO IS SUBJECT TO THIS PERMIT?

1. The permit applies to irrigation districts formed under ORS 545 and entities previously 

covered by an individual permit for the application of aquatic pesticides. The permit also 

applies to other entities that own or operate irrigation systems (such as, cooperatives, 

companies and landowners) in which pesticide applications made to a total treatment area 

exceeds 20 acres of surface area or 20 linear miles in a calendar year.

B. HOW TO REGISTER FOR PERMIT COVERAGE

1. Obtain a DEQ application form through the mail or in person from a DEQ regional office, 

or download the application form from the DEQ website.

2. Submit a vegetation management plan (VMP), as described in Schedule D, condition 2., 

with the permit application.

3. Submit a completed Land Use Compatibility Statement (LUCS) form with the application.

4. Submit fees with the application.

a. For new registration under this permit, the applicant must submit a new permit 

application fee and the first year’s annual fee with the application. General 

permit registration and annual fees are posted on DEQ’s website and in OAR 

340-045-0075 Permit Fee Schedule in Table 70G.

b. DEQ will not require a new registration fee when transferring registration to this 

general permit from the pesticide general permit (2300A) or from an individual 

permit. 

c. To maintain registration coverage under the permit, an annual fee is due each 

year. The due date for the annual fee is based on the date of registration and can 

be different for each permit registrant.

5. Failure to pay applicable fees may result in denial of an application or termination of 

coverage under this permit.

6. The permit expiration date is  , 2017. The date of expiration is the same for all permit 

registrants covered under the permit. To renew registration, take the following steps 

before the expiration date of the general permit:

a. On or before ** **, 2017 (30 days prior to permit expiration) those registered 

under this permit must submit a complete application form to DEQ to renew 

permit coverage. (Note: The DEQ Director may grant permission to submit the 

application later than 30 days prior to the expiration but no later than the permit 

expiration date);and

b. Pay the annual fee. (Note: A new application fee is not required at renewal) 

C. WHAT IS THE REGISTRATION PROCESS?

1. DEQ will review the application within 30 days of receipt and take one of the following 

actions:

a. Issue written notice of permit registration approval.

b. Request additional information.
Permit Number: 2000J

Page 3 of 27 Pages

c. Issue written notice of permit application denial. The applicant will be notified if 

the applicant's operation cannot be approved for coverage under this permit, or if 

the applicant may need to apply for and obtain an individual permit.

D. LIMITATIONS ON COVERAGE (OAR 340-045-0033(10))

1. DEQ may revoke general permit coverage as it applies to any permit registrant and 

require the permit registrant to apply for and obtain an individual NPDES permit if: 

a. The permitted source or activity is a significant contributor of pollution or 

otherwise causes environmental problems, or 

b. The permit registrant is not in compliance with the terms and conditions of this 

general permit, or 

c. Circumstances have changed so that the source or activity is no longer 

appropriately controlled by this general permit.

2. This permit does not authorize discharges of a pesticide from pesticide applications that 

reach any stream segment that is listed pursuant to OAR 340-041-0046 as water quality 

limited on the EPA approved 303(d) list for that pesticide or its degradates, unless the 

stream segment is subject to a total maximum daily load (TMDL) that includes an 

allocation for the pesticide from pesticide applications covered under this permit.

3. Registration under this permit is not available under the following circumstances:

a. The discharges are authorized by another NPDES permit. b. The discharges were authorized by a permit that has been or is in the process of 

being denied, terminated or revoked. This does not apply to routine permit 

renewals every 5 years.

4. Any permit registrant not wishing to be covered or limited by this general permit may 

apply for an individual NPDES permit in accordance with the procedures in OAR 340-

045-0030. 

5. For pesticide applications other than to control weed and algae within irrigation systems

as authorized by this permit, the 2300A pesticide general permit is available.

E. FEDERAL AND STATE REQUIREMENTS 

1. Compliance with this permit is not intended to relieve the permit registrant from 

compliance with other federal and state requirements, such as the Endangered Species 

Act (e.g., U.S. Fish and Wildlife Service Biological Opinions), Federal Insecticide,

Fungicide and Rodenticide Act (FIFRA) requirements, or Oregon Department of 

Agriculture applicator licensing requirements. Issuance of this permit does not authorize 

any activities inconsistent with biological opinions or established reasonable and prudent 

measures developed to avoid incidental take of a listed species. In the event that 

applicable biological opinions are revised or replaced, DEQ reserves the right to reopen 

the permit or require that the permit registrant apply for an individual NPDES permit.
Permit Number: 2000J

Page 4 of 27 Pages

SCHEDULE A

WASTE DISCHARGE LIMITATIONS

1. The permit registrant shall not exceed the following water quality-based effluent limitations for 

discharges to waters of the state from the use of biological pesticides or chemical pesticides for pest 

control covered under this permit. The permit limitations take into account that all pesticide applications will leave a residue.

a. Pesticide discharge must not cause or contribute to a violation of water quality standards

(in OAR 340 Division 041) within the irrigation system but outside of the treatment area 

during the treatment period, or within the irrigation system and treatment area after the 

treatment period has elapsed. If at any time the permit registrant becomes aware, or DEQ

becomes aware, that the discharge causes or contributes to a violation of water quality 

standards, corrective action must be taken as required in Condition No. 3 below.

b. For acrolein-, copper-, and xylene-based aquatic pesticides applied into an irrigation 

system, the permit registrant shall not exceed the water quality-based effluent limitations

listed below outside of the treatment area during the treatment period or after the treatment 

period has elapsed. The terms treatment area and treatment period are defined in Schedule 

D.

i. For permit registrants using acrolein-based pesticide:

Parameter Limitations - Daily 

Maximum*

Quantitation Limit

Acrolein 0.9 μg/L 5 μg/L

*Compliance with the daily maximum limit is based on meeting the Quantitation 

Limit of 5 μg/L.

ii. For permit registrants using copper-based pesticide:

Parameter Limitations - Daily Maximum

Copper 12 μg/L

iii. For permit registrants using xylene-based pesticide:

Parameter Limitations - Daily Maximum

Xylene 0.04 mg/L

2. The following pest management measures are technology-based effluent limits that must be used 

to minimize the discharge of biological pesticides or chemical pesticides: 

a. Use the optimal amount of pesticide consistent with the pesticide label directions to 

reduce the potential for development of pest resistance and to minimize the frequency of 

pesticide applications necessary to control the target pest;

b. Perform regular maintenance activities to reduce leaks, spills, or other unintended 

discharges of biological pesticides or chemical pesticides associated with the application 

of pesticides, including mixing and loading activities;

c. Maintain the pesticide application equipment in proper operating condition by 

calibrating, cleaning and repairing the equipment as necessary to ensure effective and 

accurate pesticide applications.
Permit Number: 2000J

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d. Assess weather conditions (e.g. air and water temperature, precipitation and wind speed) 

in the treatment area to ensure application is consistent with all applicable pesticide 

application requirements.

3. Corrective Action: A permit registrant shall take the following Corrective Action for all 

pesticide applications covered under this permit:

a. Upon becoming aware of a leak or spill, a permit registrant shall take immediate 

corrective action to stop and contain leaks or spills of pesticides. Additionally a permit 

registrant must review and evaluate the pest management measures in Schedule A, 

Conditions 2 and 5 and where appropriate, take corrective action by revising the pest 

management measures and ensuring that the following situations are eliminated and will 

not be repeated:

i. A spill, leak or unpermitted discharge;

ii. A discharge that causes or contributes to a violation of water quality standards; 

iii. A failure to follow pest management measures;

iv. Pest management measures that are not sufficient to meet the discharge 

limitations in the permit; or

v. An adverse incident that requires notification .

b. If any corrective action is required, as described in Condition 3.a. above, then the permit 

registrant shall make sure that changes to the pest management measures are made before 

proceeding with any pesticide application. 

4. Permit registrant shall document corrective actions taken pursuant to Schedule A, Condition 3.a. ii. 

through v. within 5 days of becoming aware of that situation. The permit registrant shall document 

retain and produce to DEQ upon request the following information:

a. Identify what triggered the need for corrective action and include a brief description of the 

incident;

b. The date the need for corrective was identified;

c. How the permit registrant became aware of the situation;

d. Results of any water quality sampling data;

e. The type of corrective action(s) taken;

f. Date the corrective action began and ended;

g. Measures taken to prevent the recurrence, including if any modifications to the VMP were 

required, if applicable.

5. Weed and Algae Control: Prior to the first pesticide application made under this permit and at 

least once prior to the first pesticide application for each calendar year thereafter, the permit 

registrant shall select and implement pest management measures to identify the problem, 

evaluate pest management options and minimize pesticide use. 

a. Identify the Problem: The permit registrant shall:

i. Identify areas with pest problems and characterize the extent of the problems, 

including, for example, any unattained water use goals (e.g. ,water delivery for 

irrigation);

ii. Identify the target pest or pests causing the problems;

iii. Identify possible factors causing or contributing to the pest problem (e.g., 

nutrients, invasive species, etc);

iv. Establish any pest- and site-specific action thresholds to serve as action 

thresholds for implementing pest management options in Schedule A,5.b., below: 

and

v. In the event there is no data for the pest management area in the past calendar 

year, use other available data as appropriate to meet the permit conditions in 

Schedule A, Condition 5.a. 

b. Evaluate Pest Management Options

The permit registrant shall evaluate the following management options, including a 

combination of these management options, for the target pest in the pest management 

area, considering impact to water quality, impact to non-target organisms, pest resistance, 

feasibility, and cost effectiveness:

i. No action;
Permit Number: 2000J

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ii. Prevention, including possible infrastructure changes;

iii. Mechanical or physical methods;

iv. Cultural methods;

v. Biological control agents;

vi. Pesticides.

c. Determine Appropriate Pesticide Use

If a pesticide is selected as part of the pest management option, the permit registrant shall

follow these pesticide use practices:

i. Conduct surveillance in an area that is representative of the pest problem prior to 

each pesticide application to assess the pest management area and to determine 

when the action threshold(s) is met that necessitates the need for applying the 

pesticide; and

ii. Reduce the impact on the environment and non-target organisms by evaluating 

site restrictions, application timing, and application methods in addition to 

applying the pesticide only when the action threshold has been met.

iii. Prior to the first application of the season in a specific treatment area, assure that 

all gates in that treatment area are in working order. Document this inspection 

and any repairs.

6. For acrolein-, copper- and xylene-based aquatic pesticide applications into an irrigation system, the permit registrant shall follow the pesticide use practices below:

a. Do not apply upstream of any delivery point for water used for potable purposes.

b. Fish Control: fish screens or other structures or management practices must be in place to 

prevent fish from entering treatment areas during aquatic pesticide applications. These 

measures must be sufficient to prevent fish from entering treatment areas during aquatic 

pesticide applications.

c. For acrolein-based pesticide, apply only when the size of pondweed or other aquatic 

plants has reached an average length of 3 to 6 inches or floating or non-floating masses of 

algae are visible. The entire irrigation system may not be treated at one time.

d. For xylene-based pesticide, apply only when plant growth in the irrigation system 

restricts water flow to the extent that water cannot be delivered consistent with good 

water supply management.

e. For copper-based pesticide, apply only when aquatic weeds are present.

f. When requested to do so in writing by a water user, stop water deliveries to that user 

during pesticide application. 

i. Attach an easily visible tag to each water user delivery point that cannot be 

locked. The tag must state that the delivery point has been closed at the request of 

the water user and may be reopened only by the permit registrant’s personnel. 

g. Required Gate Management Practices: Close and lock each gate within the treatment 

area that discharges to natural waters at least two hours before the aquatic pesticide wave 

is expected to reach that gate. For any lateral canal that discharges to natural waters, 

either the point of discharge to natural waters must be closed or the turnout to the lateral 

canal from the main canal must be closed. 

i. To support the determination of when the gates must be closed, the permit 

registrant shall perform a time travel study as described in Schedule D, Condition

4. ii. In making the determination of when the gates must be closed, consider the 

volume and velocity of flow in the treatment area and the distance between the 

point of the aquatic pesticide application and the gate to be closed. The fastest 

flow velocity of the channel, as averaged through the vertical water column, in a 

representative channel cross-section must be used. When channel configurations 

vary, calculations may be made on different sections of the treatment area to 

determine the time when the aquatic pesticide wave is expected to reach the gate. 
Permit Number: 2000J

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iii. The calculations described above must be documented in the application log.

h. Reopening of Gates: Reopen gates only when acrolein-, copper- or xylene-based 

pesticides are no longer present at levels above the discharge limitations specified in 

Schedule A. At times when sampling under Schedule B is not required, this 

determination may be made using one of the following:

i. Holding: When applying acrolein-based herbicide, wait for the expiration of the 

holding period as specified in the EPA-approved FIFRA label.

ii. Testing: For copper and xylene-based herbicides, collect and analyze 

representative samples of water , as described below within the treatment area to 

demonstrate that treated water is no longer present prior to re-opening gates: 

1. Detention Basins 

For detention basins, at least two samples must be collected as follows:

a. The first sample must be collected near the discharge gate.

b. The second sample must be collected near the inflow to the 

detention basin.

2. Other Treatment Areas

For other areas, at least two samples must be collected as follows:

a. The first sample must be collected upstream of the open delivery 

point farthest from the application site within the treatment area.

b. The second sample must be collected halfway between the most 

downstream point in the treatment area and the application site.

If the treatment area consists of a main canal and laterals, sampling may be 

conducted in the main canal or in a lateral, whichever best fits the description of 

the two required sampling locations described above.

iii. Turnover: For acrolein-, copper- and xylene-based herbicides, instead of 

Condition 6., h. i. and ii. above, calculate the rate at which the volume of water in 

the treatment area is replaced by fresh, untreated water, based on the portion of 

the treatment area where such turnover is the slowest (the slowest velocity of 

flow, as averaged through the vertical water column, in a representative crosssection of the channel must be used). Do not open the gate(s) until the water in 

the treatment area has turned over at least two times. 

1. The permit registrant may use turnover calculations to open gates in 

individual laterals that are fed from the main canal. For example, a lateral 

closer to the aquatic herbicide application point may turn over more 

quickly than the main canal or a lateral located farther away from the 

application point.

2. In making this calculation, the permit registrant shall consider the 

distance between the aquatic herbicide application point and the gate 

farthest from the application point to be reopened. When channel 

configurations vary, calculations may be made on different sections of 

the treatment area to determine turnover time for the treatment area.

3. The turnover period begins when an aquatic herbicide is no longer being 

applied into the irrigation ditch and water treated with aquatic herbicide 

is being replaced with fresh, untreated water.

4. These calculations and measurements must be documented as required in 

Schedule B.
Permit Number: 2000J

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i. Daily Inspection Requirements: At least once a day, during the period when pesticide 

levels in the irrigation system are likely to be above the discharge limitation for acrolein-, copper- or xylene-based pesticides, inspect each locked gate within the treatment area 

and water user delivery point that has been closed as requested by a water user. 

Document the inspection and any repair.

j. The permit registrant shall reduce water flow to the extent reasonably practicable in the 

treatment area to match the target rate for water use during the treatment period.

k. Use a licensed pesticide applicator familiar with application requirements and risks of 

aquatic pesticide applications.

l. Ensure the licensed applicator has a copy of the contingency plan section of the VMP, as 

required by Schedule D, condition 2.f. on site during pesticide applications. 

m. Maintain a continuing program of employee orientation and education to ensure proper 

action in the event of a spill or accident.

7. A permit registrant discharging pesticides to surface waters of the state solely from pesticide 

research and development activities shall use the pesticide consistent with any applicable research 

plan and experimental use permit and is exempt from the pest management measures in Schedule 

A, Condition 5 to the extent that such measures may compromise the research design.
Permit Number: 2000J

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SCHEDULE B

MINIMUM MONITORING, NOTIFICATION, AND RECORDKEEPING REQUIREMENTS

MONITORING

1. The permit registrant shall inspect the gates as required in Schedule A, Condition 5.c. iii. and 

record the results of those inspections.

2. The permit registrant shall conduct and record visual assessments of application sites. Visual assessments consist of spot checks in the area in and around where pesticides are applied for 

possible and observable adverse incidents, (see the definition of adverse incident in Schedule D),

caused by an application of pesticides subject to this permit. Possible and observable adverse 

incidents include, but are not limited to, the unanticipated death or distress of non-target organisms, disruption of fish or wildlife habitat and disruption of recreational or municipal water 

use.

Visual assessments are required as follows: 

a. During the application when considerations for safety and feasibility allow and

b. During any post-application surveillance or efficacy check that is conducted. 

3. The permit registrant shall monitor for the parameters below the first time in each month that an 

aquatic pesticide application of acrolein-, copper- or xylene-based pesticide occurs. The 

laboratory used to analyze samples shall have a quality assurance/quality control (QA/QC) 

program to document the accuracy of sample analysis and meet the quantitation limits specified below.

a. The permit registrant must monitor for the parameters below from the reopened gate that 

is nearest to natural water within 30 minutes of opening the gate. If there is no gate, then 

monitoring for the parameters below must be performed at a point nearest to natural 

water after treatment is complete and within 30 minutes of the pesticide wave reaching 

that point.

i. Following an acrolein-based pesticide application:

Parameter Minimum 

Frequency

Quantitation 

Limit Type of Sample/Action

Estimate of Flow

during the sample

One each month N/A Measurement or 

Calculation

Acrolein One each month 5 μg/L Grab

Sample location One each month NA Record location 

Acrolein sampling and analysis must follow the procedures in 40 CFR §136 or Solid Waste 

Method 8260.

ii. Following a copper-based pesticide application:

Item or Parameter Minimum 

Frequency

Quantitation 

Limit Type of Sample/Action

Estimate of Flow

during the sample

One each month N/A Measurement or 

Calculation

Copper One each month 10 μg/L Grab

Hardness (Total as 

CaCO3)

Once each month NA Grab

Sample location One each month NA Record location 

Copper and hardness sampling and analysis must follow procedures in 40 CFR §136 
Permit Number: 2000J

Page 10 of 27 Pages

iii. Following a xylene-based pesticide application:

Item or Parameter Minimum 

Frequency

Quantitation 

Limit Type of Sample/Action

Estimate of Flow

during the sample

One each month N/A Measurement or 

Calculation

Xylene One each month 2 μg/L Grab

Sample location One each month NA Record location 

Xylene sampling and analysis must follow procedures in 40 CFR §136 

b. No monitoring for acrolein or xylene is required for months in which the irrigation 

system does not overflow or return flow to natural waters following aquatic pesticide 

applications.

c. If the discharge limit in Schedule A, condition 1 for a pesticide was not met, then take 

corrective action and repeat the monitoring requirement for that pesticide at the next 

application.

NOTIFICATIONS

4. Notice of Intended Use: For every calendar year, prior to the permit registrant’s first application of acrolein-, copper- or xylene-based pesticide into the irrigation system, the permit registrant shall notify the following interested parties:

a. Each water user within its district by website (if applicable), general newsletter, special 

notice enclosed with a regular assessment, individual letter, or publication in one or more 

newspapers with a combined circulation area encompassing the area in which the 

irrigation system is located. 

b. The general public in the area served by the permit registrant’s system by publication in 

one or more newspapers with a combined circulation area encompassing the area in 

which the irrigation system is located.

c. The notice must include the following information:

i. A statement of the permit registrant’s intent to apply aquatic pesticide(s);

ii. Name of the pesticide(s);

iii. Purpose of use;

iv. General description of where aquatic pesticide(s) will be used;

v. General time period of expected use;

vi. Any water use restrictions or precautions during treatment;

vii. A phone number that interested persons may call to get more information from 

the permit registrant and

viii. A statement indicating that any affected water user may request in writing that 

water deliveries be stopped during aquatic pesticide application.

5. Notice to Farmers with Dairy Animals: The permit registrant shall provide adequate notice to 

water users with dairy animals prior to acrolein-based pesticide application. The purpose of this notice is to prevent dairy animals from drinking treated water and to allow water users with dairy animals sufficient time to move their animals away from treated areas.

6. The permit registrant shall ensure Oregon Emergency Response System (OERS) is contacted, if the 

permit registrant observes or is otherwise made aware of an adverse incident that may have resulted from a discharge from the pesticide application. Adverse incident is defined in Schedule D. The 

contact must occur no later than 24 hours after the permit registrant becomes aware of the adverse 

incident. The Oregon Emergency Response System can be reached at 800-452-0311 or Salem 

Area 503-378-6377.

a. Notification to the Oregon Emergency Response System (OERS) at 800-452-0311 or 

Salem Area 503-378-6377 must include the following information.
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i. Name and telephone number of the person providing the notification;

ii. Location address and description of the area including water bodies affected;

iii. Permit registrant’s name and mailing address if different from above;

iv. The NPDES File Number, if known;

v. Name of a contact person if different from the person providing the notification;

vi. Date, time, and the way that the adverse incident was discovered;

vii. Description of the adverse incident including name of the affected species;

viii. EPA registration number of each product applied in the area of the adverse 

incident;

ix. Description of any steps taken, or plan ,to correct, repair, clean up or mitigate the 

adverse effects;

x. Reason why notification was made later than 24 hours, if applicable.

b. A permit registrant is not required to notify OERs of an adverse incident in the following 

situations: 

i. Permit registrant is aware of facts that clearly establish that the adverse incident was 

not related to toxic effects or exposure from the pesticide application;

ii. Permit registrant has received notification in writing that the DEQ has waived the 

reporting requirements for this incident or category of incidents;

iii. Permit registrant received clearly erroneous information about the adverse incident;

iv. An adverse incident occurs to pests that are similar in kind to pests identified on the 

FIFRA label.

c. A permit registrant shall provide a written report within thirty (30) days of a reportable 

adverse incident to the DEQ local regional field office at the address below. The report 

must include the following information:

i. Date, time and the information that was provided in the initial OERS notification in 

Condition 6.a. above;

ii. The DEQ or OERS employee who was contacted and any instructions received 

from that person;

iii. The effect of the adverse incident on species involved, including the type of species

(if known), estimate of the number dead, estimate of the number distressed, the size 

of the number of dead and the size of the number distressed;

iv. The size of the area of water that was affected (square area or stream miles);

v. Pesticide application rate, where the pesticide was applied (water’s edge, in water), 

method of application, name of the pesticide product, description of the pesticide 

active ingredient(s), and EPA registration number for the product ;

vi. Description of the circumstances under which the adverse incident occurred;

vii. If laboratory tests were performed, provide information on what tests were 

performed, when the tests were performed, who conducted the tests and a summary 

of the test results within 5 days after they become available;

viii. If applicable, explain why the adverse incident could not have been caused by 

exposure to the pesticide;

ix. Actions to be taken to prevent the recurrence of the adverse incidents; and

x. A signature and date on report.

DEQ Regional Field Office Addresses

Bend Office

475 NE Bellevue Dr., Suite 110

Bend, OR 97701

541-388-6146

Fax: 541-388-8283

Toll Free: 866-863-6668 (Oregon only)

Baker, Crook, Deschutes, Gilliam, Grant, 

Harney, Hood River, Jefferson, Klamath, 

Lake, Malheur, Morrow, Sherman, 

Umatilla, Union, Wallowa, Wasco, and 

Wheeler

Portland Office

2020 SW Fourth Ave, Suite 400

Portland, OR 97201-4987

(503) 229-5263

fax (503) 229-6945 (Clackamas, Clatsop, 

Columbia, Multnomah, Tillamook, and 

Washington)
Permit Number: 2000J

Page 12 of 27 Pages

Pendleton Office

700 SE Emigrant, #330

Pendleton, OR 97801

541-276-4063

Fax: 541-278-0168

Toll Free: 800-304-3513 (Oregon only)

Eugene Office

541-686-7838

Toll Free: 800-844-8467 (Oregon only)

541-687-5603 (TTY)

165 East 7th Avenue, Suite 100

Eugene, OR 97401

Medford Office

221 Stewart Ave., Suite 201

Medford, OR 97501 

541-776-6010

Toll Free: 877-823-3216 (Oregon only)

Salem Office

503-378-8240

Toll Free: 800-349-7677 (Oregon only)

503-378-3684 (TTY)

750 Front St. NE, Suite 120

Salem, OR 97301-1039

7. The adverse incident notification requirements in this permit are in addition to the notification and 

reporting requirements required by FIFRA section 6(a)(2) and its implementing regulations at 40 CFR Part 159.

8. The permit registrant shall contact OERS in the event of a spill, release or threatened spill or release of oil or hazardous material that exceeds the reportable quantity established in ORS 466.605 or listed in OAR 340-142-0050, or will exceed a reportable quantity in any 24-hour 

period. The Oregon Emergency Response System can be reached at 800-452-0311 or Salem Area 

503-378-6377.

The reportable quantities in OAR 340-142-0050 include, but are not limited to, any quantity of oil 

that would produce a visible film, sheen, oily slick, oily solids, or coat aquatic life, habitat or 

property with oil, and 200 pounds (25 gallons) of pesticide residue. A release does not include a 

discharge from pesticide applications that are made in compliance with applicable pesticide 

application laws. 

9. Within 5 days of becoming aware of a spill, leak or other unpermitted discharge of a pesticide to 

waters of the state, the permit registrant shall document and retain the following information in 

response to Schedule A. Condition 3.a. i.:

a. Information provided to the Oregon Emergency Response System;

b. Summary of corrective action taken or to be taken, including date the corrective action was 

started and the date completed or expected to be completed;

c. Any measures taken to prevent the recurrence of such a spill or leak or other unpermitted 

discharge; and

d. Whether modifications to the VMP are required, if applicable.

RECORDKEEPING

10. Permit registrant shall record and maintain the following information regarding weed and algae pest control and provide it to DEQ upon request. All required records must be documented as soon 

as possible but no later than 14 days following completion of each pesticide application in a 

treatment area. A permit registrant can rely on copies of the records and documents that are developed for other obligations, such as those required under FIFRA, USDA, and state and local pesticide programs, provided that these separate documents satisfy the requirements of this permit and are kept at the address provided on the permit registration.

a. A copy of the permit (either electronic copy or hardcopy);

b. A copy of the application for permit registration submitted to the DEQ;

c. Correspondence exchanged with DEQ specific to coverage under this permit, and a copy 

of the DEQ acknowledgment letter assigning the file number for registration;

d. A copy of the annual report, see Schedule B, conditions 12 through 14;

e. A copy of the documentation required for documenting adverse incident and spills in 

Schedule B, Conditions 6.b and c , Schedule B Condition 9 above and corrective action in 

Schedule A, Condition 4;

f. Rationale for not reporting an adverse incident as allowed in Schedule B, Condition 6.b. above;

g. Copy of the public notice required in Schedule B. Conditions 4. and 5. above;
Permit Number: 2000J

Page 13 of 27 Pages

h. Information on each treatment area to which pesticides are discharged as follows:

i. Surveillance methods used, dates of surveillance activities, and findings of 

surveillance;

ii. Target pest(s) and explanation of the need for pest control;

iii. Pest- or site-specific action threshold prior to pesticide application;

1. Amount or size of plant growth prior to the pesticide application of 

acrolein-, copper- and xylene-based aquatic pesticides as required in 

Schedule A, Condition 6.c., d. and e;

iv. Description of pest management measures(s) implemented prior to the first 

pesticide application;

1. Date of gate inspection and note any repair to gates as required in 

Schedule A, Condition 5.c.iii.

v. Application details (e.g., water temperature, total flow, time application started 

and stopped, gallons of aquatic pesticide applied, dosage rate, concentration, 

application rate,);

vi. Application details for acrolein-, copper- and xylene-based aquatic pesticides into 

an irrigation system including:

1. List of gates in the treatment area that discharge to natural waters

2. Flow calculations used to determine when to close the gates and when to

reopen the gates (see Schedule A., Condition 6.g.iii and Condition 

6.h.iii.4);

3. When gates are closed, the time of closure and the time reopened (if 

using turnover time as specified in Schedule A. 6.h.iii.4., include flow 

measurements or calculations used to determine turnover of at least two 

times);

4. Expected duration of the treatment;

5. Time application started and stopped;

6. Date and time of daily inspection of locked gate and closed water 

delivery point as required by Schedule A, Condition 6.i;

7. Date and time of gate inspections as required in Schedule A.5.c.iii. vii. Company name and contact information for pesticide applicator;

viii. If licensed as a pesticide applicator or pesticide consultant in Oregon, pesticide 

application records as required by ORS 634.146 and OAR 603-057-0130;

ix. If licensed as a private pesticide applicator in Oregon, records as required by US 

Department of Agriculture, Agricultural Marketing Service;

x. Pesticide application dates and time of day of the application;

xi. Description of treatment area, including location and size (acres or linear feet) of 

treatment area and identification of any waters, either by name or by location, to 

which any pesticides were discharged;

xii. Name of each pesticide product used including the EPA registration number;

xiii. Quantity of pesticide applied (application rate, diluents, dilution);

xiv. Concentration (%) of active ingredient in formulation;

xv. For pesticide applications directly to waters, the effective concentration of active 

ingredient required for control;

xvi. Any unusual or unexpected effects identified to non-target organisms;

xvii. Whether or not a visual assessment was conducted. If a visual assessment was 

conducted, whether it was it during the pesticide application or post pesticide 

application, if no visual assessment was conducted, explain why was it not 

conducted;

xviii. Months when no sampling for acrolein-, copper- or xylene were conducted 

because the irrigation system did not overflow or return to natural water 

following aquatic pesticide applications per Schedule B, Condition 3.b; and

xix. Assessment of environmental conditions relating to proper pesticide use. (e.g., water temperature, wind speed), pursuant to Schedule A, condition 2.d.

i. Documentation of any equipment calibration, for example date of equipment calibration; 

(Copies of records kept by a pesticide application equipment operator may be used.);

j. A copy of the VMP along with all the supporting maps and documents, including any 

modifications made to the VMP during the term of this permit. 

k. Records must be kept for a period of at least 3 years
Permit Number: 2000J

Page 14 of 27 Pages

MONTHLY REPORTING 

11. The permit registrant shall submit a monthly monitoring report. Monitoring results must be reported on DEQ-approved forms. Reports must be submitted to the appropriate DEQ office by the 15th day of the following month. The DEQ will provide the appropriate regional office address to the permit registrant when the permit registrant is notified of permit coverage. The report must contain the following information:

a. Whether or not acrolein-, copper- or xylene-based pesticides were applied into the irrigation 

system. b. Whether or not there was overflow or return flow to natural waters. c. Results from monitoring in Condition 3.a above if there was an overflow or return flow to 

natural waters and acrolein-, copper- or xylene-based pesticides were applied into the 

irrigation system.

ANNUAL REPORTING 

12. By December 31 of each year, the permit registrant shall submit an annual report to the 

appropriate DEQ regional office. An annual report is due each year the permit is in effect even if 

there has been no pesticide application.

13. If the permit coverage is terminated, an annual report is due no later than 45 days after the 

termination date or December 31 of the following year, whichever is earlier. The annual report must address the portion of the year the permit registration was effective.

14. The annual report must contain the following information:

a. Permit registrant’s name;

b. NPDES permit file number;

c. Timeframe the annual report covers;

d. Contact person name, title, mailing address, e-mail address (if any), and phone number;

e. For each pest treatment area:

i. Identification of any waters or other treatment area, including size, either by 

name or by location, to which you discharged any pesticide;

ii. What the pesticide application was used to control (i.e., weeds and algae ) and 

target pest;

iii. Company name and contact information for each pesticide applicator, if different 

from the permit registrant;

iv. Total amount of each pesticide product applied during the reporting year by the

product name, EPA registration number and by application method (e.g., aerially 

by fixed-wing or rotary aircraft, broadcast spray, etc.);

v. Whether the pest control activity was addressed in the VMP, described in 

Schedule D, prior to pesticide application;

f. If applicable, an annual report of any adverse incidents as a result of a treatment, for 

incidents, as described in Schedule B, Condition 6; 

g. A description of any corrective action and the rationale for such action, including spill 

responses, resulting from pesticide application activities; and

h. A description of any modifications made to the VMP.
Permit Number: 2000J

Page 15 of 27 Pages

SCHEDULE D

SPECIAL CONDITIONS

VEGETATION MANGEMENT PLAN (VMP) 

1. Permit registrant shall develop and maintain a Vegetation Management Plan (VMP) for weed and 

algae pest control within the irrigation system boundaries as follows.

a. The permit registrant shall submit a VMP that addresses weed and algae pest control with 

the permit application.

b. Once the VMP is developed, the permit registrant shall keep the VMP up-to-date and

reflective of current practices for the duration of registration under the general permit.

c. The VMP can include copies of the records and documents that are developed for other 

obligations, such as required under FIFRA, USDA, and state and local pesticide programs, if 

these separate documents satisfy the requirements for the content of the VMP.

2. The VMP must contain the following elements.

a. List of Team Members- A VMP must identify all the persons (by name and contact 

information) that compose the team and each person’s individual responsibilities, 

including: 

i. Persons responsible for managing pests in relation to the pest management area;

ii. Persons responsible for developing and revising the VMP; and

iii. Persons responsible for implementing corrective actions and other effluent 

limitation requirements.

b. Pest Problem Identification. The permit registrant shall document the pest problem 

within the irrigation district boundaries. i. Pest problem description. The VMP must include a description of the pest 

problem in the irrigation district, including identification of the target pest or 

pests, source of the pest problem, and source of data used to identify the problem 

in Schedule A, Condition Nos. 5.a. ii. Action Thresholds. The VMP must include a description of the action thresholds, 

including a description of how they were determined (e.g., data used in 

developing an action threshold and method used to determine when the action 

threshold has been met).

1) Include Action Thresholds for acrolein-, xylene- and copper-based 

pesticides into the irrigation system based on plant growth in Schedule 

A., Condition 6.c.,d., and e.

iii. General location map. In the VMP, include a general location map that identifies 

the geographic boundaries of the irrigation system to which the VMP applies, the 

anticipated treatment areas and location of natural waters. iv. Water quality limited water. Use the DEQ 303(d) list of impaired water bodies on 

DEQ’s web site to identify waters that are impaired for the substance discharged, i.e. the list of pesticide(s) or degradates for which the water is impaired and list 

these in the VMP. 

c. Pest Management Options Evaluation. The VMP must include an evaluation of pest 

management options (see Schedule A, condition 5 b.) including a combination of the pest 

management options to control the target pest for the pest management area. The permit 

registrant shall document the pest management options that will be implemented to 

comply with the effluent limitations required in Schedule A. The permit registrant shall

include in the description the active ingredients evaluated for pesticide use.

d. Schedules and Procedures. The VMP must include the following schedules and 

procedures. These document the pest management measures used to comply with the 

effluent limitations in Schedule A. i. List of proposed pesticides to be applied including brand name and EPA 

registration number, and a copy of the label.

ii. Application Rate and Frequency Procedures for using the optimal amount of 

pesticide consistent with the pesticide label directions to reduce the potential for 

development of pest resistance and to minimize the frequency of pesticide 

applications necessary to control the target pest.
Permit Number: 2000J

Page 16 of 27 Pages

iii. Spill Prevention. Procedures and schedule of maintenance activities for 

preventing spills and leaks of pesticides associated with the application of 

pesticides covered under this permit.

iv. Pesticide Application Equipment. Schedules and procedures for maintaining the 

pesticide application equipment in proper operating condition, including 

calibrating, cleaning, and repairing the equipment.

v. Pesticide Visual Monitoring– The permit registrant shall document procedures 

for monitoring consistent with the requirements in Schedule B, Condition 2

including:

1) The process for determining the location of any monitoring;

2) A schedule for monitoring;

3) The person (or position) responsible for conducting monitoring, vi. Pesticide Sampling -A map that indicates sampling locations at gates or where 

there are system connections to natural water within the irrigation system for 

sampling after pesticide application of acrolein-, copper- or xylene-based 

pesticides as required in Schedule B, Condition 3.

e. Response Procedures. At a minimum, the VMP must include the following actions 

necessary to minimize discharges.

i. Spill Response Procedures. Procedures for expeditiously stopping, containing, 

and cleaning up leaks, spills, and other releases. Employees who may cause, 

detect, or respond to a spill or leak must be trained in these procedures and have 

necessary spill response equipment available. If possible, one of these individuals 

should be a member of the VMP team. 

ii. Adverse Incident Response Procedures. Procedures for responding to any adverse 

incident resulting from pesticide applications. iii. Procedures for notification of spill and adverse incident response. Procedures for 

notification of appropriate facility personnel, emergency chemical responders, drinking water intake contacts and OERS. Contact information for the 

notifications and information on the nearest emergency medical facility must be 

in locations that are readily accessible and available.

f. Contingency plan for the prevention, containment, and handling of spills and releases into 

the air or into or on any land or waters of the state from the application, storage and 

transport of acrolien, xylene or copper based pesticides. i. Description of employee orientation and education program.

ii. Description of the reporting system that will be used to notify responsible 

managers and legal authorities in the event of a pesticide spill to land, air or 

water. iii. A list of the reportable quantities for the aquatic pesticides with reporting 

thresholds in OAR 340-142.

iv. Procedures that will be taken to prevent, contain and clean up spills of pesticides 

to the land and water.

g. Fish control evaluation that documents the presence of fish screens, structures or other 

management practices intended to prevent fish from entering the treatment area. 

h. Supporting Documentation. Pesticide licensing as required by Oregon Department of 

Agriculture under ORS chapter 634. Copies of any portions of any documents that are 

incorporated by reference to satisfy the required elements of the VMP.

i. Signature Requirement. The VMP and any revisions to the VMP must be signed, dated 

and certified as described in Schedule F Section D Reporting Requirements under 

Condition No. 8.

3. The permit registrant shall ensure the VMP is reviewed and modified as follows:

a. Review the VMP at least once per calendar year and whenever necessary to update the 

pest problem identified, scope of pest management area and pest management strategies 

evaluated.

b. Modify the VMP to address corrective actions taken in Schedule A. 

c. Modify the VMP when a change in pest control activities significantly changes the type 

or quantity of pollutants discharged. 
Permit Number: 2000J

Page 17 of 27 Pages

d. Make the changes to the VMP before the next pesticide application that results in a 

discharge, if practicable, or if not, as soon as possible thereafter. 

4. Prior to the application of acrolein-, copper- or xylene-based pesticides to a treatment area within 

the irrigation system, the permit registrant shall conduct a time travel study under the following 

methods or conditions to support turnover methods and travel times used to comply with the 

permit.

a. A dye study where dye is released at one or more points in the system and concentrations 

downstream are measured over time. 

b. Measure the velocity and cross-sectional area at various representative points in the 

system. 

c. The permit registrant shall complete a time travel study at each application site no less 

than once every five years. 

d. The flow conditions during the time travel study must mimic the conditions during 

pesticide application. 

e. The permit registrant shall submit the results of the most recent time travel studies to 

DEQ with the first set of monitoring reports submitted in a given calendar year. 

Definitions

Action Threshold – The point at which pest populations or environmental conditions can no longer be 

tolerated, necessitating that pest control action must be taken based on economic, human health, 

aesthetics, or other effects. Detecting a single pest does not always mean control is needed. An action 

threshold may be based on current or past environmental factors that are or have been demonstrated to be 

conducive to pest emergence or growth, as well as past or current pest presence. Action thresholds are 

those conditions that indicate both the need for control actions and the proper timing of those actions. 

Adverse Incident – means an unusual or unexpected incident that the permit registrant observed upon 

inspection or of which the permit registrant otherwise becomes aware, in which: 

(1) A person or non-target organism has likely been exposed to a pesticide residue, (e.g. direct 

contact or through drinking water) and

(2) The non-target organism suffered a toxic or adverse effect.

The phrase “toxic or adverse effect” includes effects that occur within waters of the state on non-target 

plants, fish or wildlife that are unusual or unexpected (e.g., non-target organisms are those not described 

on the pesticide product label or otherwise not expected to be present) as a result of exposure to a 

pesticide residue, and may include: 

- Distressed or dead juvenile and small fishes

- Washed up or floating fish

- Fish swimming abnormally or erratically

- Fish lying lethargically at water surface or in shallow water

- Fish that are listless or nonresponsive to disturbance

- Stunting, wilting, or desiccation of non-target submerged or emergent aquatic plants

- Other dead or visibly distressed non-target aquatic organisms (amphibians, turtles, invertebrates, 

etc.)

The phrase, “toxic or adverse effects,” also includes any adverse effects to humans (e.g., skin rashes), or 

animals that occur either from direct contact with or as a secondary effect (e.g., sickness from 

consumption of plants or animals containing pesticides) from a discharge to waters of the state and that 

are temporally and spatially related to exposure to a pesticide residue (e.g. vomiting, lethargy).
Permit Number: 2000J

Page 18 of 27 Pages

Applicator – any entity that performs the application of a pesticide.

Minimize - To reduce or eliminate pesticide discharges to waters of the state through the use of pest 

management measures to the extent technologically available and economically practicable and 

achievable. 

OAR – Oregon Administrative Rules

Permittee – means permit registrant

Pesticide –"Pesticide" includes:

(a) "Defoliant" which means any substance or mixture of substances intended for causing the leaves or 

foliage to drop from a plant with or without causing abscission;

(b) "Desiccant" which means any substance or mixture of substances intended for artificially accelerating 

the drying of plant tissue;

(c) "Fungicide" which means any substance or mixture of substances intended for preventing, destroying, 

repelling or mitigating any fungus;

(d) "Herbicide" which means any substance or mixture of substances intended for preventing, destroying, 

repelling or mitigating any weed;

(e) "Insecticide" which means any substance or mixture of substances intended for preventing, destroying, 

repelling or mitigating any insects that may be present in any environment whatsoever;

(f) "Nematicide" which means any substance or mixture of substances intended for preventing, 

destroying, repelling or mitigating nematodes;

(g) "Plant regulator" which means any substance or mixture of substances intended, through physiological 

action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of 

ornamental or crop plants or the produce thereof, but does not include substances to the extent that they 

are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; 

or

(h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, 

destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other 

form of plant or animal life that is, or that the department may declare to be a pest, which may infest or be 

detrimental to vegetation, humans, animals, or be present in any environment thereof. [ORS 634.006(8)]

Note 1: The reference to department in the definition of pesticide under (h) above refers to the 

Department of Agriculture.

Note 2: Drugs used to control diseases of humans or animals (such as livestock, aquaculture, or pets) are 

not considered pesticides; such drugs are regulated by the Food and Drug Administration or the United 

States Department of Agriculture. Fertilizers, nutrients, and other substances used to promote plant 

survival and health are not considered plant growth regulators and thus are not pesticides. 

Pest Management Area- The area of land, including any water, for which the permit registrant has 

the responsibility, control, or jurisdiction for conducting pest management activities covered by this 

permit.

Pest Management Measure – any practice used to meet the effluent limitations that comply with 

manufacturer specifications, industry standards and recommended industry practices related to the 

application of pesticides, relevant legal requirements and other provisions that a prudent registrant would 

implement to reduce and/or eliminate pesticide discharges to waters of the state.
Permit Number: 2000J

Page 19 of 27 Pages

Pesticide Research and Development – Activities undertaken on a systematic basis to gain new 

knowledge (research) and/or the application of research findings or other scientific knowledge for the 

creation of new or significantly improved products or processes (experimental development).

Pesticide Residue-includes that portion of a pesticide application that is discharged from a point source to 

waters of the state and no longer provides pesticidal benefits. It also includes any degradates of the 

pesticide.

Target Pest- is the pest intended to be controlled. 

Treatment Area- The area where a pesticide application is intended to provide pesticidal benefits. 

A treatment area can be water and land, such as when the pesticide application is made over water, and 

within 3 feet of the water’s edge. Multiple treatment areas may be located within an irrigation system.

To calculate the annual treatment area for Weed and Algae Control, count each area once, regardless of 

the number of pesticide applications performed on that area in a calendar year. For example, in counting 

linear miles use the length of the linear feature (e.g., a stream or ditch) whether treating in or adjacent to 

the feature, regardless of the number of applications made to that feature during the calendar year. 

Whether treating the bank on one side of a ten-mile long ditch, banks on both sides of the ditch, and/or 

water in that ditch, the total treatment area is ten miles for the purpose of determining whether registration 

under this permit is required. Additionally, if the same linear 10 miles is treated more than once in a 

calendar year, the total area treated is still 10 miles for the purposes of determining if such an application 

exceeds an annual treatment area threshold.

The pesticide application to an intermittent stream or ditch that is dry at the time of the pesticide 

application is not counted toward the treatment area. Similarly, for calculation for pesticide applications at 

the water’s edge a hydrologic surface connection must exist at the time of application. Applications along 

edges of dry ditches or dry season streams are not counted toward the thresholds. 

Treatment Period - means the time, as estimated by the permit registrant, during which the aquatic 

pesticide is applied and controlling weeds within the treatment area.

Water’s edge- means pesticide applications made within 3 feet of waters of the state and conveyances with a 

hydrologic surface connection to waters of the state at the time of pesticide application. The three feet is 

measured horizontally from the water’s edge and conveyance.

Waters of the state- means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, 

creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of 

Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh 

or salt, public or private (except those private waters that do not combine or effect a junction with natural 

surface or underground waters) that are located wholly or partially within or bordering the state or within 

its jurisdiction. This definition is in Oregon Administrative Rules (OAR) 340-045-0010(20) and Oregon 

Revised Statutes 468B.005(10).
Permit Number: 2000J

Page 20 of 27 Pages

SCHEDULE F

NPDES GENERAL CONDITIONS – INDUSTRIAL FACILITIES

THE GENERAL CONDITIONS IN THIS SCHEDULE APPLY ONLY TO THE EXTENT THEY DO 

NOT CONFLICT WITH THE REQUIREMENTS CONTAINED IN SCHEDULES A THROUGH D. IF 

THE PERMIT REQUIREMENTS IN SCHEDULE A THROUGH D CONFLICT WITH THESE 

GENERAL CONDITIONS, THE PERMIT REQUIREMENTS IN SCHEDULE A THROUGH D WILL 

CONTROL.

SECTION A. STANDARD CONDITIONS

A1. Duty to Comply with Permit

The permittee must comply with all conditions of this permit. Failure to comply with any permit condition is a 

violation of Oregon Revised Statutes (ORS) 468B.025 and the federal Clean Water Act and is grounds for an 

enforcement action. Failure to comply is also grounds for DEQ to terminate, modify and reissue, revoke, or 

deny renewal of a permit. 

A2. Penalties for Water Pollution and Permit Condition Violations

The permit is enforceable by DEQ or EPA, and in some circumstances also by third-parties under the citizen 

suit provisions 33 USC § 1365. DEQ enforcement is generally based on provisions of state statutes and 

Environmental Quality Commission (EQC) rules, and EPA enforcement is generally based on provisions of 

federal statutes and EPA regulations.

ORS 468.140 allows DEQ to impose civil penalties up to $10,000 per day for violation of a term, condition, or 

requirement of a permit. The federal Clean Water Act provides for civil penalties not to exceed $32,500 and 

administrative penalties not to exceed $11,000 per day for each violation of any condition or limitation of this 

permit. 

Under ORS 468.943, unlawful water pollution, if committed by a person with criminal negligence, is 

punishable by a fine of up to $25,000, imprisonment for not more than one year, or both. Each day on which a 

violation occurs or continues is a separately punishable offense. The federal Clean Water Act provides for 

criminal penalties of not more than $50,000 per day of violation, or imprisonment of not more than 2 years, or 

both for second or subsequent negligent violations of this permit. 

Under ORS 468.946, a person who knowingly discharges, places, or causes to be placed any waste into the 

waters of the state or in a location where the waste is likely to escape into the waters of the state is subject to a 

Class B felony punishable by a fine not to exceed $250,000 and up to 10 years in prison per ORS chapter 161. 

The federal Clean Water Act provides for criminal penalties of $5,000 to $50,000 per day of violation, or 

imprisonment of not more than 3 years, or both for knowing violations of the permit. In the case of a second or 

subsequent conviction for knowing violation, a person is subject to criminal penalties of not more than 

$100,000 per day of violation, or imprisonment of not more than 6 years, or both.

A3. Duty to Mitigate

The permittee must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in 

violation of this permit that has a reasonable likelihood of adversely affecting human health or the 

environment. In addition, upon request of DEQ, the permittee must correct any adverse impact on the 

environment or human health resulting from noncompliance with this permit, including such accelerated or 

additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

A4. Duty to Reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, 

the permittee must apply for and have the permit renewed. The application must be submitted at least 180 days 

before the expiration date of this permit.
Permit Number: 2000J

Page 21 of 27 Pages

DEQ may grant permission to submit an application less than 180 days in advance but no later than the permit 

expiration date.

A5. Permit Actions

This permit may be modified, revoked and reissued, or terminated for cause including, but not limited to, the 

following:

a. Violation of any term, condition, or requirement of this permit, a rule, or a statute.

b. Obtaining this permit by misrepresentation or failure to disclose fully all material facts.

c. A change in any condition that requires either a temporary or permanent reduction or elimination of the 

authorized discharge.

d. The permittee is identified as a Designated Management Agency or allocated a wasteload under a total 

maximum daily load (TMDL).

e. New information or regulations.

f. Modification of compliance schedules.

g. Requirements of permit reopener conditions. 

h. Correction of technical mistakes made in determining permit conditions.

i. Determination that the permitted activity endangers human health or the environment.

j. Other causes as specified in 40 CFR §§ 122.62, 122.64, and 124.5.

The filing of a request by the permittee for a permit modification, revocation or reissuance, termination, or a 

notification of planned changes or anticipated noncompliance does not stay any permit condition.

A6. Toxic Pollutants 

The permittee must comply with any applicable effluent standards or prohibitions established under Oregon 

Administrative Rules (OAR) 340-041-0033 and 307(a) of the federal Clean Water Act for toxic pollutants and 

with standards for sewage sludge use or disposal established under section 405(d) of the federal Clean Water 

Act within the time provided in the regulations that establish those standards or prohibitions, even if the permit 

has not yet been modified to incorporate the requirement.

A7. Property Rights and Other Legal Requirements 

The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege, or 

authorize any injury to persons or property or invasion of any other private rights, or any infringement of 

federal, tribal, state, or local laws or regulations.

A8. Permit References

Except for effluent standards or prohibitions established under section 307(a) of the federal Clean Water Act 

and OAR 340-041-0033 for toxic pollutants, and standards for sewage sludge use or disposal established under 

section 405(d) of the federal Clean Water Act, all rules and statutes referred to in this permit are those in effect 

on the date this permit is issued. 

A9. Permit Fees

The permittee must pay the fees required by OAR.

SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

B1. Proper Operation and Maintenance

The permittee must at all times properly operate and maintain all facilities and systems of treatment and control 

(and related appurtenances) that are installed or used by the permittee to achieve compliance with the 

conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and 

appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary 

facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve 

compliance with the conditions of the permit.

B2. Need to Halt or Reduce Activity Not a Defense 

For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the permittee 

must, to the extent necessary to maintain compliance with its permit, control production or all discharges or 

both until the facility is restored or an alternative method of treatment is provided. This requirement applies, 
Permit Number: 2000J

Page 22 of 27 Pages

for example, when the primary source of power of the treatment facility fails or is reduced or lost. It is not a 

defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the 

permitted activity in order to maintain compliance with the conditions of this permit.

B3. Bypass of Treatment Facilities

a. Definitions

(1) “Bypass” means intentional diversion of waste streams from any portion of the treatment facility. 

The permittee may allow any bypass to occur which does not cause effluent limitations to be 

exceeded, provided the diversion is to allow essential maintenance to assure efficient operation. 

These bypasses are not subject to the provisions of paragraphs b and c of this section. 

(2) “Severe property damage” means substantial physical damage to property, damage to the treatment 

facilities which causes them to become inoperable, or substantial and permanent loss of natural 

resources that can reasonably be expected to occur in the absence of a bypass. Severe property 

damage does not mean economic loss caused by delays in production. 

b. Prohibition of bypass. 

(1) Bypass is prohibited and DEQ may take enforcement action against a permittee for bypass unless: 

i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 

ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment 

facilities, retention of untreated wastes, or maintenance during normal periods of equipment 

downtime. This condition is not satisfied if adequate backup equipment should have been 

installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred 

during normal periods of equipment downtime or preventative maintenance; and 

iii. The permittee submitted notices and requests as required under General Condition B3.c. 

(2) DEQ may approve an anticipated bypass, after considering its adverse effects and any alternatives to 

bypassing, when DEQ determines that it will meet the three conditions listed above in General 

Condition B3.b(1). 

c. Notice and request for bypass. 

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, a written notice 

must be submitted to DEQ at least ten days before the date of the bypass. 

(2) Unanticipated bypass. The permittee must submit notice of an unanticipated bypass as required in 

General Condition D5. 

B4. Upset

a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary 

noncompliance with technology based permit effluent limitations because of factors beyond the 

reasonable control of the permittee. An upset does not include noncompliance to the extent caused by 

operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of 

preventative maintenance, or careless or improper operation.

b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance 

with such technology-based permit effluent limitations if the requirements of General Condition B4.c are 

met. No determination made during administrative review of claims that noncompliance was caused by 

upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative 

defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other 

relevant evidence that:

(1) An upset occurred and that the permittee can identify the causes(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required in General Condition D5, hereof (24-hour 

notice); and

(4) The permittee complied with any remedial measures required under General Condition A3 hereof.

d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an 

upset has the burden of proof.

B5. Treatment of Single Operational Upset 

For purposes of this permit, a single operational upset that leads to simultaneous violations of more than one 

pollutant parameter will be treated as a single violation. A single operational upset is an exceptional incident 
Permit Number: 2000J

Page 23 of 27 Pages

that causes simultaneous, unintentional, unknowing (not the result of a knowing act or omission), temporary 

noncompliance with more than one federal Clean Water Act effluent discharge pollutant parameter. A single 

operational upset does not include federal Clean Water Act violations involving discharge without a NPDES 

permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. Each 

day of a single operational upset is a violation.

B6. Public Notification of Effluent Violation

If effluent limitations specified in this permit are exceeded or an overflow occurs that threatens public health, 

the permittee must take such steps as are necessary to alert the public, health agencies and other affected 

entities (for example, public water systems) about the extent and nature of the discharge in accordance with the 

notification procedures developed under General Condition B7. Such steps may include, but are not limited to, 

posting of the river at access points and other places, news releases, and paid announcements on radio and 

television.

B7. Emergency Response and Public Notification Plan

The permittee must develop and implement an emergency response and public notification plan that identifies 

measures to protect public health from bypasses or upsets that may endanger public health. At a minimum the 

plan must include mechanisms to:

a. Ensure that the permittee is aware (to the greatest extent possible) of such events;

b. Ensure notification of appropriate personnel and ensure that they are immediately dispatched for 

investigation and response;

c. Ensure immediate notification to the public, health agencies, and other affected entities (including public 

water systems). The response plan must identify the public health and other officials who will receive 

immediate notification;

d. Ensure that appropriate personnel are aware of and follow the plan and are appropriately trained;

e. Provide emergency operations; and

f. Ensure that DEQ is notified of the public notification steps taken. 

B8. Removed Substances

Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of 

wastewaters must be disposed of in such a manner as to prevent any pollutant from such materials from 

entering waters of the state, causing nuisance conditions, or creating a public health hazard.

SECTION C. MONITORING AND RECORDS

C1. Representative Sampling

Sampling and measurements taken as required herein must be representative of the volume and nature of the 

monitored discharge. All samples must be taken at the monitoring points specified in this permit, and must be 

taken, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of 

water, or substance. Monitoring points must not be changed without notification to and the approval of DEQ.

C2. Flow Measurements

Appropriate flow measurement devices and methods consistent with accepted scientific practices must be 

selected and used to ensure the accuracy and reliability of measurements of the volume of monitored 

discharges. The devices must be installed, calibrated and maintained to insure that the accuracy of the 

measurements is consistent with the accepted capability of that type of device. Devices selected must be 

capable of measuring flows with a maximum deviation of less than ± 10 percent from true discharge rates 

throughout the range of expected discharge volumes.

C3. Monitoring Procedures 

Monitoring must be conducted according to test procedures approved under 40 CFR part 136 or, in the case of 

sludge use and disposal, approved under 40 CFR part 503 unless other test procedures have been specified in 

this permit.

C4. Penalties of Tampering

The federal Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit may, upon conviction, 
Permit Number: 2000J

Page 24 of 27 Pages

be punished by a fine of not more than $10,000 per violation, imprisonment for not more than two years, or 

both. If a conviction of a person is for a violation committed after a first conviction of such person, punishment 

is a fine not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both.

C5. Reporting of Monitoring Results

Monitoring results must be summarized each month on a discharge monitoring report form approved by DEQ. 

The reports must be submitted monthly and are to be mailed, delivered or otherwise transmitted by the 15th 

day of the following month unless specifically approved otherwise in Schedule B of this permit.

C6. Additional Monitoring by the Permittee

If the permittee monitors any pollutant more frequently than required by this permit, using test procedures 

approved under 40 CFR part 136 or, in the case of sludge use and disposal, approved under 40 CFR part 503 or 

as specified in this permit, the results of this monitoring must be included in the calculation and reporting of 

the data submitted in the discharge monitoring report. Such increased frequency must also be indicated. For a 

pollutant parameter that may be sampled more than once per day (for example, total residual chlorine), only the 

average daily value must be recorded unless otherwise specified in this permit.

C7. Averaging of Measurements

Calculations for all limitations that require averaging of measurements must utilize an arithmetic mean, except 

for bacteria which must be averaged as specified in this permit.

C8. Retention of Records

Records of monitoring information required by this permit related to the permittee’s sewage sludge use and 

disposal activities must be retained for a period of at least 5 years (or longer as required by 40 CFR part 503). 

Records of all monitoring information including all calibration and maintenance records, all original strip chart 

recordings for continuous monitoring instrumentation, copies of all reports required by this permit and records 

of all data used to complete the application for this permit must be retained for a period of at least 3 years from 

the date of the sample, measurement, report, or application. This period may be extended by request of DEQ at 

any time.

C9. Records Contents

Records of monitoring information must include:

a. The date, exact place, time, and methods of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

C10. Inspection and Entry

The permittee must allow DEQ or EPA upon the presentation of credentials to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or 

where records must be kept under the conditions of this permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this 

permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), 

practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise 

authorized by state law, any substances or parameters at any location.

C11. Confidentiality of Information

Any information relating to this permit that is submitted to or obtained by DEQ is available to the public unless 

classified as confidential by the Director of DEQ under ORS 468.095. The permittee may request that 

information be classified as confidential if it is a trade secret as defined by that statute. The name and address 

of the permittee, permit applications, permits, effluent data, and information required by NPDES application 

forms under 40 CFR § 122.21 are not classified as confidential [40 CFR § 122.7(b)]. 
Permit Number: 2000J

Page 25 of 27 Pages

SECTION D. REPORTING REQUIREMENTS

D1. Planned Changes

The permittee must comply with OAR 340-052, “Review of Plans and Specifications” and 40 CFR 

§ 122.41(l)(1). Except where exempted under OAR 340-052, no construction, installation, or modification 

involving disposal systems, treatment works, sewerage systems, or common sewers may be commenced until 

the plans and specifications are submitted to and approved by DEQ. The permittee must give notice to DEQ as 

soon as possible of any planned physical alternations or additions to the permitted facility.

D2. Anticipated Noncompliance

The permittee must give advance notice to DEQ of any planned changes in the permitted facility or activity 

that may result in noncompliance with permit requirements.

D3. Transfers

This permit may be transferred to a new permittee provided the transferee acquires a property interest in the 

permitted activity and agrees in writing to fully comply with all the terms and conditions of the permit and 

EQC rules. No permit may be transferred to a third party without prior written approval from DEQ. DEQ may 

require modification or revocation and reissuance of the permit to change the name of the permittee and 

incorporate such other requirements as may be necessary under 40 CFR § 122.61. The permittee must notify 

DEQ when a transfer of property interest takes place.

D4. Compliance Schedule

Reports of compliance or noncompliance with, or any progress reports on interim and final requirements 

contained in any compliance schedule of this permit must be submitted no later than 14 days following each 

schedule date. Any reports of noncompliance must include the cause of noncompliance, any remedial actions 

taken, and the probability of meeting the next scheduled requirements.

D5. Twenty-Four Hour Reporting 

The permittee must report any noncompliance that may endanger health or the environment. Any information 

must be provided orally (by telephone) within 24 hours from the time the permittee becomes aware of the 

circumstances, unless a shorter time is specified in the permit. During normal business hours, the DEQ regional 

office must be called. Outside of normal business hours, DEQ must be contacted at 1-800-452-0311 (Oregon 

Emergency Response System). 

The following must be included as information that must be reported within 24 hours under this paragraph:

a. Any unanticipated bypass that exceeds any effluent limitation in this permit; 

b. Any upset that exceeds any effluent limitation in this permit; 

c. Violation of maximum daily discharge limitation for any of the pollutants listed by DEQ in this permit; 

and 

d. Any noncompliance that may endanger human health or the environment. 

A written submission must also be provided within 5 days of the time the permittee becomes aware of the 

circumstances. The written submission must contain: 

e. A description of noncompliance and its cause;

f. The period of noncompliance, including exact dates and times;

g. The estimated time noncompliance is expected to continue if it has not been corrected;

h. Steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and

i. Public notification steps taken, pursuant to General Condition B7. 

DEQ may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

D6. Other Noncompliance 

The permittee must report all instances of noncompliance not reported under General Condition D4 or D5, at 

the time monitoring reports are submitted. The reports must contain: 

a. A description of the noncompliance and its cause; 

b. The period of noncompliance, including exact dates and times; 
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Page 26 of 27 Pages

c. The estimated time noncompliance is expected to continue if it has not been corrected; and 

d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

D7. Duty to Provide Information

The permittee must furnish to DEQ within a reasonable time any information that DEQ may request to 

determine compliance with the permit or to determine whether cause exists for modifying, revoking and 

reissuing, or terminating this permit. The permittee must also furnish to DEQ, upon request, copies of records 

required to be kept by this permit.

Other Information: When the permittee becomes aware that it has failed to submit any relevant facts or has 

submitted incorrect information in a permit application or any report to DEQ, it must promptly submit such 

facts or information.

D8. Signatory Requirements

All applications, reports or information submitted to DEQ must be signed and certified in accordance with 

40 CFR § 122.22.

D9. Falsification of Information

Under ORS 468.953, any person who knowingly makes any false statement, representation, or certification in 

any record or other document submitted or required to be maintained under this permit, including monitoring 

reports or reports of compliance or noncompliance, is subject to a Class C felony punishable by a fine not to 

exceed $125,000 per violation and up to 5 years in prison per ORS chapter 161. Additionally, according to 40 

CFR § 122.41(k)(2), any person who knowingly makes any false statement, representation, or certification in 

any record or other document submitted or required to be maintained under this permit including monitoring 

reports or reports of compliance or non-compliance will, upon conviction, be punished by a federal civil 

penalty not to exceed $10,000 per violation, or by imprisonment for not more than 6 months per violation, or 

by both.

D10. Changes to Discharges of Toxic Pollutant 

The permittee must notify DEQ as soon as it knows or has reason to believe the following: 

a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent 

basis, of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of 

the following “notification levels: 

(1) One hundred micrograms per liter (100 μg/l); 

(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one 

milligram per liter (1 mg/l) for antimony; 

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application 

in accordance with 40 CFR § 122.21(g)(7); or 

(4) The level established by DEQ in accordance with 40 CFR § 122.44(f). 

b. That any activity has occurred or will occur that would result in any discharge, on a non-routine or 

infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will exceed the 

highest of the following “notification levels”: 

(1) Five hundred micrograms per liter (500 μg/l); 

(2) One milligram per liter (1 mg/l) for antimony; 

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with 40 CFR § 122.21(g)(7); or 

(4) The level established by DEQ in accordance with 40 CFR § 122.44(f). 

SECTION E. DEFINITIONS

E1. BOD or BOD5 means five-day biochemical oxygen demand.

E2. CBOD or CBOD5 means five-day carbonaceous biochemical oxygen demand.

E3. TSS means total suspended solids.

E4. Bacteria means but is not limited to fecal coliform bacteria, total coliform bacteria, Escherichia coli (E. coli) 

bacteria, and Enterococcus bacteria. 

E5. FC means fecal coliform bacteria.
Permit Number: 2000J

Page 27 of 27 Pages

E6. Total residual chlorine means combined chlorine forms plus free residual chlorine

E7. Technology based permit effluent limitations means technology-based treatment requirements as defined in 

40 CFR § 125.3, and concentration and mass load effluent limitations that are based on minimum design 

criteria specified in OAR 340-041. 

E8. mg/l means milligrams per liter.

E9. μg/l means microgram per liter.

E10. kg means kilograms.

E11. m3

/d means cubic meters per day.

E12. MGD means million gallons per day.

E13. Average monthly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable average of daily 

discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar 

month divided by the number of daily discharges measured during that month.

E14. Average weekly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable average of daily 

discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar 

week divided by the number of daily discharges measured during that week.

E15. Daily discharge as defined at 40 CFR § 122.2 means the discharge of a pollutant measured during a calendar 

day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants 

with limitations expressed in units of mass, the daily discharge must be calculated as the total mass of the

pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the 

daily discharge must be calculated as the average measurement of the pollutant over the day.

E16. 24-hour composite sample means a combination of at least six discrete sample aliquots of at least 100 

milliliters, collected at periodic intervals from the same location, during the operating hours of the facility over 

a 24 hour period. Four (rather than six) aliquots should be collected for volatile organics analyses. The 

composite must be flow or time proportional, whichever is more appropriate. The sample aliquots must be 

collected and stored in accordance with procedures prescribed in the most recent edition of Standard Methods 

for the Examination of Water and Wastewater. 

E17. Grab sample means an individual discrete sample collected over a period of time not to exceed 15 minutes.

E18. Quarter means January through March, April through June, July through September, or October through 

December.

E19. Month means calendar month. 

E20. Week means a calendar week of Sunday through Saturday.