justicedao/ipfs_state_laws huggingface dataset:
340-046-0010 Definitions Unless the context requires otherwise, as used in these rules: (1) “Department” means the Department of Environmental Quality. (2) “Motor Vehicle Bodies and Parts Thereof” means a chassis, body, or shell of a motor vehicle as defined by ORS 482.010 or of any vehicle as defined by ORS 482.030, or parts and accessories of said motor vehicle or vehicle. (3) “Permit” means a letter permit or approval for a deposit, in writing, executed by the Director, Deputy Director, of the Department of Environmental Quality, or their designated program chief. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 7, f. 3-31-70, ef. 4-25-70
340-046-0015 Beneficial Uses Beneficial uses of motor vehicle bodies and parts thereof in the waters of the state or in locations where they may be likely to escape or be carried into said waters by any means: (1) The following are conditionally approved beneficial uses of motor vehicle bodies and parts thereof: (a) Land reclamation projects; (b) Erosion control projects; (c) The construction of artificial reefs for fishery enhancement under auspices of the state or federal fishery management agencies. (2) Any approval of or permit for the projects in section (1) of this rule is subject to the more detailed requirements prescribed by these rules and will not be approved where a more efficient method of control is readily available. (3) No other beneficial uses are approved by the Department. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 106, f. & ef. 12-29-75 Reverted to DEQ 7, f. 3-31-70, ef. 4-25-70 DEQ 95(Temp), f. & ef. 8-27-75 thru 12-24-75 DEQ 7, f. 3-31-70, ef. 4-25-70
340-046-0020 Requirements for Deposit Permits and approval: (1) Prior to any deposit of motor vehicle bodies and parts thereof into the waters of the state or in a location where they may be likely to escape or be carried into said waters by any means, a person must first make application as prescribed in section (2) of this rule to the Department and secure a written permit from said agency. (2) Application. The application shall be in a written, legible form and shall include the following minimum information: (a) The name, address, and organization, if any, of the applicant; (b) The purpose and necessity for the deposit and whether it is for a long-term or short-term project; (c) The number and amount of motor vehicle bodies and parts intended to be deposited; (d) The location and name of the stream or other public waters or adjacent land area involved; (e) The time schedule, method, and program contemplated by the applicant for deposit of the motor vehicle bodies and parts deposited. (3) Engineering plans. The application shall have attached, for examination and approval by the Department, full and complete engineering plans and specifications prepared by a registered professional engineer, describing in detail the method and manner of depositing and securing of motor vehicle bodies and parts thereof: (a) The engineering plans and specifications and any necessary revisions thereof, if approved, will be considered by the Department as an acceptable means and method of deposit, provided all other applicable requirements are met; (b) The Department may also seek comments from other adjacent or affected property owners and any applicable city, county, state, or federal agency relative to the proposed locations of the deposit and engineering plan. (4) The Department may set additional specific time limitations and conditions for the deposit and for future removal thereof, as may be necessary. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 49-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 7, f. 3-31-70, ef. 4-25-70
340-046-0025 Specific Requirements (1) If authorized for use, all motor vehicle bodies and parts thereof shall, prior to their deposit: (a) Be effectively drained of all oil and fuel, chemicals and lubricants, and any other potential water pollutant or contaminant; (b) Have all glass and windows removed. (2)(a) Except as noted in subsection (b) of this section, any motor vehicle bodies and parts thereof deposited shall be completely covered and shall be secured with concrete or rock riprap or by other equivalent means in a manner to prevent their exposure and displacement. (b) Any motor vehicle bodies and parts thereof used in the construction of artificial reefs for fishery enhancement shall be secured in a manner to prevent their displacement. (3) The engineering plan required by OAR 340-046-0020 shall consider incorporation of natural surrounding ground cover as part of its design and shall provide an aesthetically compatible finished appearance. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 106, f. & ef. 12-29-75 Reverted to DEQ 7, f. 3-31-70, ef. 4-25-70 DEQ 95(Temp), f. & ef. 8-27-75 thru 12-24-75 DEQ 7, f. 3-31-70, ef. 4-25-70
340-046-0030 Other Governmental Requirements Any permit or approval granted by the Department for the deposit of motor vehicle bodies or parts thereof into the waters of the state or in areas adjacent thereto does not supersede or obviate any municipal, county, state, or federal ordinance, regulation, or statutory requirements to the contrary. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 7, f. 3-31-70, ef. 4-25-70
340-046-0035 Violations (1) No person shall: (a) Deposit, discard, or place any motor vehicle body or parts thereof into the waters of the state for any purpose or in a location where they may be likely to escape or be carried into the waters of the state by any means, without first complying with the provisions of these rules and securing a written permit from the Department; (b) Violate the terms, provisions, and conditions of a permit, nor present false information to the Department in order to obtain a permit. (2) Violations shall be punishable upon conviction as provided in ORS 449.990. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 & 468B.085 History: DEQ 7, f. 3-31-70, ef. 4-25-70
340-048-0005 Purpose The purpose of these rules is to describe procedures for processing applications for certification pursuant to Section 401 of the Clean Water Act, 33 USC § 1341, and ORS 468B.035 through 468B.047. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468b.035 & 33 USC 1341 History: DEQ 2-2004, f. & cert. ef. 4-15-04 DEQ 1-1987, f. & ef. 1-30-87 DEQ 18-1985, f. & ef. 12-3-85
340-048-0010 Definitions As used in these rules: (1) “Certification” means a written determination by the Director that an activity subject to Section 401 of the Clean Water Act will comply with applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act, 33 U.S.C. §§ 1311, 1312, 1313, 1316, and 1317, including water quality standards established pursuant to Section 303 as set forth in OAR 340 division 041, and with other water quality requirements set forth in this division. “Certification” also includes any requirements set forth as conditions of a certification pursuant to Subsection 401(d) of the Clean Water Act to ensure compliance with Sections 301, 302, 306, and 307 of the Clean Water Act, with water quality standards established pursuant to Section 303 of the Clean Water Act as set forth in OAR 340, division 041, and with any other appropriate requirement of state law. (2) “Clean Water Act” means the Federal Water Pollution Control Act of 1972, Public Law 92-500, as amended. (3) “Coast Guard” means the U.S. Coast Guard. (4) “Commission” means the Oregon Environmental Quality Commission. (5) “Corps” means the U.S. Army Corps of Engineers. (6) “Department” or “DEQ” means the Oregon Department of Environmental Quality. (7) “Director” means the Director of the Department of Environmental Quality or the Director’s delegate. (8) “HART” means a Hydroelectric Application Review Team convened pursuant to ORS 543A.075 or 543A.400(4)(b) for the purpose of coordinating state agency actions regarding the federal relicensing and, where applicable, state reauthorization of water rights for an existing hydroelectric project. (9) “Person” means the United States and agencies thereof, a state and agencies thereof, Tribe and agencies thereof, individual, public or private corporation, political subdivision, local government, partnership, association, firm, trust, estate, or any other legal entity. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.035 - 468B.047 & 33 USC 1341 History: DEQ 2-2004, f. & cert. ef. 4-15-04 DEQ 19-2000, f. & cert. ef. 12-15-00 DEQ 1-1998, f. & cert. ef. 3-3-98 Reverted to DEQ 18-1985, f. & ef. 12-3-85 DEQ 5-1997(Temp), f. & cert. ef. 3-3-97 DEQ 18-1985, f. & ef. 12-3-85
340-048-0015 When Certification Required Pursuant to Section 401 of the Clean Water Act, an applicant for a federal license or permit to conduct any activity that may result in any discharge to navigable waters, including but not limited to the construction, operation, or decommissioning of facilities, must provide the federal licensing or permitting agency a certification from the department. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.035 - 468B.047 & 33 USC 1341 History: DEQ 2-2004, f. & cert. ef. 4-15-04 DEQ 18-1985, f. & ef. 12-3-85
340-048-0027 Public Participation (1) Except as provided in sections (2) and (3) of this rule, the department must provide written public notice of any proposed certification decision to potentially interested persons and adjacent property owners identified in the application. The notice must describe public participation opportunities, request comments, and identify the proposed certification decision and any related documents as available for public inspection and copying. The department must provide at least 35 days for submission of written comments. If, within 20 days of the public notice, 10 or more persons or an organization representing 10 or more members request a public hearing on the proposed certification decision, the department must provide a hearing within the 35-day public comment period or as soon thereafter as reasonably practicable. The department may also provide a public hearing on a proposed certification decision or provide informational meetings regarding a certification application as it deems appropriate. The Director must consider all comments received in making the final certification decision. (2) For certification applications subject to coordination with the Corps, public participation will be provided as set forth in OAR 340-048-0032. (3) For certification applications subject to coordination with a HART, public participation will be provided as set forth in OAR 340-048-0037. (4) Upon request, the department must add the name of any person or group to the list of recipients of written public notice regarding an activity. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.035 - 468B.047 History: DEQ 2-2004, f. & cert. ef. 4-15-04
340-048-0032 Dredge and Fill The department will coordinate with the Corps in the processing of certification applications for activities requiring permits from the Corps pursuant to Section 404 of the Clean Water Act, as follows: (1) An application to the Corps for a permit constitutes an application for certification, provided that the department may request additional information as described in OAR 340-048-0020(2). (2) The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department, in its discretion, may provide additional opportunity for public comment, including public hearing. (3) The department must evaluate the certification application in accordance with OAR 340-048-0042(2) and any public comments. (4) The Director’s certification decision must be forwarded to the applicant and the Corps. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.035 & 33USC 1341 History: Renumbered from 340-048-0024, DEQ 2-2004, f. & cert. ef. 4-15-04 DEQ 12-1999, f. & cert. ef. 8-11-99
340-048-0037 HART Coordination (1) Certification of an existing hydroelectric project requiring federal relicensing for which a HART is convened must be coordinated through the HART in accordance with ORS 543A.100 through 543A.115. This rule applies to such coordination occurring after the department’s receipt of an application for certification. This rule does not apply to the department’s participation in the HART for a project in accordance with ORS 543A.075 through 543A.095 before the department’s receipt of an application for certification. This rule does not apply to an existing hydroelectric project requiring federal relicensing for which a HART has not been convened; that certification will be processed as otherwise provided in this division. Nothing in this rule affects the authority of the Director to act on an application for certification as necessary to avoid certification being deemed waived under the one-year period prescribed in 33 USC 1341(a)(1). (2) Upon receipt of proposed recommendations for certification of a hydroelectric project developed by a HART in accordance with ORS 543A.105, the department must provide public notice and at least 60 days for comment on a proposed certification decision based on the HART’s recommendations. The department’s notice and comment period must run concurrently with the notice and comment period provided by the HART on a proposed unified state position under ORS 543A.105(2). The department notice must be provided in writing to interested persons, request comments within the comment period, and identify the proposed certification decision and related documents as available for public inspection and copying. If within 30 days of the public notice, 10 or more persons or an organization representing more than 10 members request a public hearing on the proposed certification, the department must provide a hearing within the 60-day public comment period or as soon thereafter as is reasonably practicable. (3) Upon completion of the public comment period, the department must evaluate the application for certification in accordance with OAR 340-048-0042(2) and (4). The Director must make a final certification decision in accordance with the recommendations submitted by the HART under ORS 543A.105(2), unless the Director finds, based on public comment or new information, that certification as recommended by the HART would not ensure that the project will comply with water quality standards set forth in OAR 340, division 041 or be consistent with other appropriate requirements of state law. If the Director’s certification decision would differ from the HART recommendations, the Director must seek further recommendation from the HART before issuing a final certification decision. The Director must consider any further recommendation from the HART, then issue a final certification decision to the applicant and the HART. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.040 - 468B.046 & 543A.100 - 543A.110 History: DEQ 2-2004, f. & cert. ef. 4-15-04
340-048-0045 Issuance and Appeal of Certification Decision (1) The department must provide a certification decision to the applicant by mail or personal delivery in the same manner as provided for service of notice under OAR 340-011-0097 and provide written notice by appropriate means to public commenters on the proposed certification decision. Any certification decision must include or be accompanied by a notice of the applicant’s opportunity to request a contested case hearing regarding the certification decision. (2) An applicant dissatisfied with a certification decision, including any conditions to an approved certification, may request a contested case hearing by filing an answer and request for hearing in accordance with OAR 340-011-0530 within 20 days of mailing or personal delivery of the notice of the certification decision by the department. The hearing must be conducted in accordance with OAR 340, division 011 regarding contested cases. (3) For purposes of the one-year period prescribed in 33 USC § 1341, the certification decision is effective upon the Director’s issuance of the decision, notwithstanding any request for a contested case hearing by the applicant or other judicial review. Statutory/Other Authority: ORS 468.035, 468.065 & 468B.035 Statutes/Other Implemented: ORS 468B.035-047, 543.017, 543A.025 & 33 USC 1341 History: DEQ 9-2017, minor correction filed 10/27/2017, effective 10/27/2017 Renumbered from 340-048-0030, DEQ 2-2004, f. & cert. ef. 4-15-04 DEQ 18-1985, f. & ef. 12-3-85
340-049-0005 Preface (1) The purpose of these rules is to help protect public health, the environment, and the water resources of Oregon by establishing requirements regarding certification of wastewater system (sewage treatment works) operators. The principal objectives of the rules are to: (a) Establish criteria for classifying wastewater treatment and collection systems; (b) Define the requirements and fees for wastewater system owners whose systems must be supervised by an operator certified under these rules; (c) Define the minimum qualifications for certifying wastewater system operating personnel and supervisors; (d) Define the requirements and fees for persons who apply for certification, including examination requirements, renewal certification and certification through reciprocity; (e) Establish criteria for variances; (f) Establish penalties for violations of these rules; (g) Establish fees for operator certification; and (h) Encourage an adequate number of qualified wastewater system operators that are certified to operate and maintain wastewater treatment or wastewater collection systems in Oregon. (2) All persons who meet the minimum qualifications for certificate types and grades can be certified under these rules. All wastewater system personnel are encouraged to apply for certification at the highest grade consistent with their qualification. Maintenance and laboratory personnel in wastewater systems are encouraged to participate in the respective voluntary certification programs. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.405-430, 448.992, 468B.010-020 & 468B.030 History: DEQ 15-2002, f. & cert. ef. 10-16-02 DEQ 23-1988, f. & cert. ef. 9-15-88 DEQ 4-1988(Temp), f. & cert. ef. 1-29-88
340-049-0020 Classification of Wastewater Systems (1) All wastewater systems will be classified by the Department as wastewater treatment systems and/or wastewater collection systems, as appropriate, in accordance with the following classification system:(a) Small Wastewater Systems —Class I treatment type and less than 500 design population or less than 150 connections. (b) Wastewater Treatment Systems – Criteria determined in OAR 340-049-0025, Table A (c) Wastewater Collection Systems: (A) Class I — 1,500 or less design population; (B) Class II — 1,501 to 15,000 design population; (C) Class III — 15,001 to 50,000 design population; (D) Class IV — 50,001 or more design population. (2) The Department will advise wastewater system owners of the classification of their systems. (3) If the complexity or simplicity of a wastewater treatment system is not reflected in OAR 340-049-0025, the Department may classify a wastewater treatment system higher or lower than the classification defined by Table A upon written notice to the wastewater treatment system owner. The designation must be consistent with the intent of the classification system. (4) If deemed appropriate, the Department may classify a wastewater collection system higher than the classification based on population upon written notice to the wastewater collection system owner. The designation must be consistent with the intent of the classification system. (5) The Department may change the classification of a wastewater system upon written notice to the system owner and will give the owner a reasonable time to comply with the requirements of the new classification. (6) A wastewater system owner may appeal the classification of its system in accordance with applicable variance requirements in OAR 340-049-0075. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.405 - 448.430 & 448.992 History: DEQ 19-2024, amend filed 11/22/2024, effective 01/01/2025 DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13 DEQ 15-2002, f. & cert. ef. 10-16-02 DEQ 23-1988, f. & cert. ef. 9-15-88 DEQ 4-1988(Temp), f. & cert. ef. 1-29-88
340-049-0025 Criteria for Classifying Wastewater Treatment Systems (1) If more than one treatment type is used, the highest rated treatment type classification applies . (2) Wastewater treatment systems may be classified differently than indicated in Table A if: (a) They have characteristics that make operation more or less complex or difficult than other similar wastewater treatment systems with the same flow range. (b) The conditions of flow or the use of the receiving waters require a high er degree of wastewater treatment system operational control than a system with similar treatment type(s) . (c) They use an approved method of wastewater treatment that is not included in Table A . [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.405 - 448.430 & 448.992 History: DEQ 19-2024, amend filed 11/22/2024, effective 01/01/2025 DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13 DEQ 15-2002, f. & cert. ef. 10-16-02 DEQ 23-1988, f. & cert. ef. 9-15-88