justicedao/ipfs_state_laws huggingface dataset:
340-055-0022 Monitoring and Reporting (1) The department will include in a NPDES or WPCF permit authorizing the use of recycled water, at a minimum, the monitoring requirements in OAR 340-055-0012. (2) When chlorine or a chlorine compound is used as a disinfecting agent, the department may specify in the NPDES or WPCF permit a minimum chlorine residual concentration. When other disinfecting agents are used, the department may require additional monitoring requirements to assure adequate disinfection. (3) The department will include in a NPDES or WPCF permit authorizing the use of recycled water, a requirement that the wastewater treatment system owner submit an annual report to the department describing the effectiveness of the system to comply with the approved recycled water use plan, the rules of this division, and the permit limits and conditions for recycled water. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.030 & 468B.050 History: Renumbered from 340-055-0015, DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90
340-055-0030 Operational Requirements for the Treatment and Distribution of Recycled Water (1) Bypassing. The intentional diversion of wastewater from any unit process in the wastewater treatment system for a beneficial purpose is not allowed, unless with the unit process out of service the recycled water meets the criteria of this division for a specific class and beneficial purpose described in the recycled water use plan. (2) Alarm devices. Alarm devices are required to provide warning of power loss and failure of process equipment essential to the proper operation of the wastewater treatment system and compliance with this division. (3) Standby power. Unless otherwise approved in writing by the department, a wastewater treatment system providing recycled water for use must have sufficient standby power to fully operate all essential treatment processes. The department may grant an exception to this section only if the wastewater treatment system owner demonstrates that power failure will not result in inadequately treated water being provided for use and will not result in any violation of an NPDES or WPCF permit limit or condition or Oregon Administrative Rule. (4) Redundancy. A wastewater treatment system that provides recycled water for use must have a sufficient level of redundant treatment facilities and monitoring equipment to prevent inadequately treated recycled water from being used or discharged to public waters. (5) Distribution system requirements. Unless otherwise approved in writing by the department, all piping, valves, and other portions of the recycled water use system that is outside a building must be constructed and marked in a manner to prevent cross-connection with a potable water system. Unless otherwise approved in writing by the department or as required by the rules of this division, construction and marking must be consistent with sections (2), (3), (4), and (5) of the 1992 "Guidelines for the Distribution of Nonpotable Water" of the California-Nevada Section of the American Water Works Association. (6) Cross-connection control. Connection between a potable water supply system and a recycled water distribution system is not authorized unless the connection is through an air gap separation approved by the department. A reduced pressure principle backflow prevention device may be used only when approved in writing by the department and the potable water system owner. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.030 & 468B.050 History: DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90
340-056-0005 Purpose (1) These rules provide the framework for the Department to apply to the Water Resources Department for instream water rights for pollution abatement. Instream water rights protect streamflows for public uses, as defined in OAR 340-056-0100, including pollution abatement. The rules set the policy, definitions, procedures, and methodologies by which the Department will prioritize waterbodies for water rights application, determine the streamflow needed to protect water quality, and apply to WRD for instream water rights to protect those flow levels. (2) The Environmental Quality Commission (EQC) has adopted numeric and narrative standards and policies to protect the beneficial uses of state waters (OAR 340, division 41 specifies the beneficial uses and the standards and policies). The amount of pollutants discharged to a receiving stream, the activity occurring adjacent to or within the stream, and the amount of streamflow present, determine whether a stream will achieve the water quality standards. The following rules identify the process whereby the Department will apply for instream water rights for streamflows needed to assimilate loads and/or impacts of adjacent or instream activities in order to protect and maintain water quality standards. Statutory/Other Authority: ORS 468.020 & 468B.048 Statutes/Other Implemented: ORS 468B.048 & 537.332 - 537.360 History: DEQ 31-1991, f. & cert. ef. 12-20-91
340-056-0015 Policy (1) It is the policy of the Environmental Quality Commission: (a) To implement a water quality program goal to prevent, abate and control waste discharges to the waters of the state to ensure that water quality standards are maintained and beneficial uses are protected; (b) To apply for instream water rights for pollution abatement where such action provides a public benefit as defined in OAR 340-056-0100, subject to available resources, and subject to the priorities and criteria set forth in these rules; (c) To maintain streamflows in water quality limited receiving streams to assimilate the identified total maximum daily pollution load; (d) To protect streamflows as needed in Outstanding Resource Waters and High Quality Waters to ensure that water quality standards are maintained and beneficial uses are protected. (2) It is further noted by the Commission that: (a) The above policies do not replace, exempt or diminish any existing policy, rule, standard or guideline of the Commission, or any permit condition, load allocation or wasteload allocation. This policy does not replace the policy of the Commission to give preference to no-discharge alternatives for new or expanding facilities (see 340-041-0026(4)). Nor does it replace the policy of the Commission to require highest and best practicable treatment and control of wastes, activities and flows (see OAR 340-041 “Water Quality Standards Not to be Exceeded”); (b) The establishment of an instream water right does not guarantee the presence of flow in the stream. All flow-based permit conditions, wasteload allocations, and all rules of the Commission shall be managed and enforced based on the actual streamflow, not on the amount of flow specified in an instream water right certificate. Statutory/Other Authority: ORS 537.332 - 537.360 Statutes/Other Implemented: ORS 468.035, 468B.015 & 537.336 History: DEQ 31-1991, f. & cert. ef. 12-20-91
340-056-0200 Selection of Receiving Waters for Instream Water Rights Application (1) The Department will consider waters of the state for instream water rights application in the following priority order, but reserves the right to apply for an instream water right on a waterbody in any category before another: (a) Water Quality Limited waters as defined in OAR 340-056-0100(18)(a), and identified as 303d1 water quality limited waters in Appendix A of the Biennial Water Quality Assessment (305b) Report; (b) Outstanding Resource Waters; (c) All other waters. (2) Waterbodies that have a pending or certificated instream water right which is estimated by the Department to be of sufficient quantity to serve pollution abatement purposes, may be relegated to a lower priority so that the Department may focus its efforts first on stream segments with no flow protection. (3) The Department will use the following criteria to determine whether to apply for an instream water right. These criteria apply to all waters except Outstanding Resource Waters: (a) An instream water right would protect or maintain water quality for beneficial uses and, therefore, provide a public benefit; and (b) Low flows contribute to or exacerbate existing or expected water quality problems. (4) The Department will use the following criteria to determine whether to apply for an instream water right for an Outstanding Resource Water: (a) An instream water right would protect the water quality values established for the Outstanding Resource Water by the Commission under OAR 340-041-0026(1)(a)(D) and, therefore, provide a public benefit; and (b) Reduced flows would contribute to or exacerbate potential degradation of those waters. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 537.332 - 537.360 Statutes/Other Implemented: ORS 537.332 - 537.360 History: DEQ 31-1991, f. & cert. ef. 12-20-91
340-056-0300 Instream Water Rights Evaluation and Application Procedures (1) The Department has established an instream water rights program that includes priorities and procedures for developing instream water rights applications, and methodologies to determine the amount of flow required to protect and maintain water quality. (2) The Department will evaluate the need to establish instream water rights on a receiving stream by examining the relevant information available for the stream segment, and determining whether the stream segment meets the criteria listed in OAR 340-056-0200(3) or (4). (3) For those stream segments that meet the priorities and criteria set forth in this rule, the Department will determine the flow level needed using an appropriate methodology identified in OAR 340-056-0400, and apply for an instream water right. (4) In order to apply for an instream water right, the Department will submit an application to WRD which includes the information specified in OAR 690-077-0020, rules of the WRD. (5) The Department will notify local governments and the public of the intent to file an instream water right application before it is submitted to WRD and will provide an opportunity for public comment not to exceed 30 days. The Department will consider only comment and information pertinent to the water quality flow determination analysis at this time, and not comment pertaining to the permitting authority of WRD. WRD provides notice of all applications and accepts public comment for their broader review and permitting function following submittal of the water right application. Notification of the intent to file an application and the opportunity for public comment will be provided to the local newspaper, to local governments, and to parties who have requested notification from the Department. (6) The Department will submit the draft application to ODFW and Parks for review and comment prior to submission to WRD. (7) ODFW and Parks may incorporate other public uses into a Department application and jointly apply with the Department for instream water rights in accordance with OAR 690-077-0020. (8) Upon notice that ODFW or Parks is requesting an instream water right, the Department may jointly apply for an instream water right with the other agency(ies) for the amount of flow needed for pollution abatement, provided the criteria listed in OAR 340-056-0200(3) and (4) are met. (9) The Department will prepare a policy analysis of the draft application and provide this analysis to the Commission for comment prior to submitting the application to WRD. (10) The final application shall be signed by the Director or the Director’s designated representative and submitted to the WRD. Statutory/Other Authority: ORS 537.332 - 537.360 Statutes/Other Implemented: ORS 537.332 - 537.360 History: DEQ 31-1991, f. & cert. ef. 12-20-91
340-056-0320 Periodic Review of Instream Water Rights (1) Instream water rights held in trust by the Water Resources Department for the purpose of pollution abatement shall be reviewed by DEQ as follows: (a) For stream segments subject to a Total Maximum Daily Load, instream water rights shall be reviewed within one year of the date the load and waste load allocations are achieved, and at least once in every five year period thereafter; (b) When a discharge permit is cancelled or denied, or permit limits are substantially reduced, instream flow needs will be reevaluated; (c) In basins with active nonpoint source control programs, instream flow needs will be reevaluated at least once in every ten-year period; (d) All other instream water right for water quality will be reviewed once in every ten-year period. (2) If the review of an instream water right by the Department finds that the instream flow need has declined and is expected to remain at the reduced level, the Department will notify WRD. The Department may assist WRD in proceedings to cancel, transfer or modify the instream right. (3) If the review of an instream water right finds that the pollution abatement use is greater than provided for in the existing instream right, the Department may apply for a water right for the additional instream flows according to the criteria and procedures set forth in this rule. Statutory/Other Authority: ORS 537.332 - 537.360 Statutes/Other Implemented: ORS 537.332 - 537.360 History: DEQ 61-2018, minor correction filed 04/04/2018, effective 04/04/2018 DEQ 31-1991, f. & cert. ef. 12-20-91
340-071-0110 Purpose These rules establish requirements for constructing, altering, repairing, operating, and maintaining onsite wastewater treatment systems. Their purpose is to restore and maintain the quality of public waters and to protect the public health and general welfare of the people of the State of Oregon. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.605 - 454.779 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 10-1981, f. & ef. 3-20-81
340-071-0120 Jurisdiction and Policy (1) DEQ may enter agreements with local governmental units authorizing those units to become DEQ's agents for permitting onsite systems, including receiving and processing applications, issuing permits, enforcing, and performing required inspections for onsite systems that do not require WPCF permits. DEQ retains those responsibilities for systems in nonagreement counties and for all systems that require WPCF permits. (2) Each owner of real property is jointly and severally responsible for: (a) Treating wastewater generated on that property under the rules the commission adopts; (b) Connecting all plumbing fixtures from which wastewater is or may be discharged to a sewerage facility or onsite system approved by DEQ or an agent; (c) Maintaining, repairing, and replacing the onsite system on that property as necessary to ensure proper operation of the system; and (d) Complying with all requirements for constructing, installing, maintaining, replacing, and repairing onsite systems required in this division and OAR chapter 340, division 073. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615, 454.655, 454.665, 454.725 & 454.755 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 12-1997, f. & cert. ef. 6-19-97 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0155 Existing System Evaluation Report (1) An evaluation of an existing onsite wastewater treatment system must meet the following requirements: (a) An evaluation must be performed by a person with one or more of the qualifications listed below: (A) Professional Engineer under ORS chapter 672 with knowledge and experience inspecting onsite systems; (B) Registered Environmental Health Specialist or Wastewater Specialist under ORS chapter 700 with knowledge and experience inspecting onsite systems; (C) A certified installer with knowledge and experience inspecting onsite systems; (D) A certified maintenance provider with knowledge and experience inspecting onsite systems; (E) A current NAWT inspector training and certification accreditation with a sewage disposal service license; (F) Other similar license or certification DEQ approves. (b) An evaluation must include the following: (A) An examination of the records available on the existing system, including all permit records and pumping and other maintenance records. (B) For existing systems without a permit record, the inspector must create a record to document system materials, components, and location. Methods used to create the record may include the use of soil probes, metal detectors, electronic pipe tracers, radio and video technology, and uncovering system components. (C) A field inspection of the existing system. (D) A report of findings on a DEQ-approved form including the information obtained relevant to system performance, such as age; usage; records of installation, maintenance, and repairs; type, size, capacity, and condition of components; evidence of any failures; other relevant information, such as condition of repair area if known; and a complete sketch of the system showing location and distances of major components. (E) The evaluation must include all portions of the system that serve the facility, including any portion located on a lot or parcel different from the lot or parcel on which the facility the system serves is located. (2) A person may not conduct an existing system evaluation required by this rule unless the person meets the qualifications in subsection (1)(a) of this rule prior to conducting the evaluation. (3) Any person may request an agent to provide an evaluation report on an existing onsite wastewater treatment system. (4) A completed application form must be submitted to the agent with all necessary exhibits and the existing system evaluation fee in OAR 340-071-0140(2). Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615, 454.755, 468B.015 & 468B.080 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 8-1983, f. & ef. 5-25-83
340-071-0165 Permit Denial Review — Construction-Installation, Repair, Alteration Permits (1) DEQ must review a permit denied by an agent if the applicant requests review. The applicant must submit an application for review to DEQ in writing within 60 days of the date the agent issues the permit denial notice and must include the permit denial review fee in OAR 340-071-0140(3). (2) Permit denials for systems proposed to serve commercial facilities intended for use in a commercial activity, trade, occupation, or profession may be appealed through the contested case hearing procedure set forth in ORS Chapter 183 and OAR chapter 340, division 011. (3) If the agent intends to deny a permit for a parcel of ten acres or larger, the agent must: (a) Provide the applicant with a Notice of Intent to Deny; (b) Specify reasons for the intended denial; and (c) Offer a contested case hearing under ORS chapter 183 and OAR chapter 340, division 011. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.655 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0170 Pre-Cover Inspections (1) System installers must request a pre-cover inspection when system construction, alteration, or repair is complete except for backfill (cover) and as a permit otherwise requires. The agent must inspect the installation to determine whether it complies with this division, unless the agent waives the inspection under section (2) of this rule or OAR 340-071-0400(5). (2) The agent may waive inspections for a system proposed to serve a single - family dwelling or for a system of similar flow and waste strength if: (a) The system was installed by a sewage disposal service business licensed under ORS 454.695; (b) The installer complies with all requirements of this rule; and (c) Upon the agent’s request, the installer submits to the agent photographs of those portions of the construction for which the inspection is waived. (3) To request a pre-cover inspection, the installer must submit the following information to the agent at the time system construction is complete. (a) A detailed and accurate as-built plan of the constructed system. (b) A list of all materials used in the construction of the system. (c) Certification on a DEQ-approved form signed by the permittee who installed the system or an installer certified under OAR 340-071-0650 on a DEQ-approved form that the system was constructed as the permit, this division, and OAR chapter 340, division 073 require. (4) An agent may require an owner to pay the inspection fee in OAR 340-071-0140(3) when a pre-cover inspection correction notice requires correction of improper construction and, at a subsequent inspection, the agent finds system construction deficiencies have not been corrected. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.665 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 15-1986, f. & ef. 8-6-86 DEQ 10-1981, f. & ef. 3-20-81