justicedao/ipfs_state_laws huggingface dataset:
340-044-0040 Decommissioning and Conversion Requirements for Underground Injection Systems (1) When an underground injection system is no longer in use for injection or is abandoned, the owner or operator shall decommission the system or convert the system to another type of well in a manner that will prevent the movement of contaminants into groundwater. (2) The owner or operator shall notify the Director of the owner’s or operator’s intent to decommission or convert the injection system 30 days prior to closure or conversion. (3) The owner or operator shall comply with all reporting, licensing and design requirements of all applicable state and local laws when decommissioning or converting an injection system. These include OAR 340-071 for on-site sewage disposal systems, 690-200 and 690-220 for water supply wells, 690-240-0030 for other holes and 632-020 for geothermal wells. (a) Any soil, gravel, sludge, biosolids, liquids or other material removed from or adjacent to the injection system shall be characterized and disposed in a manner consistent with all applicable local, state and federal laws. (b) Except for on-site sewage disposal systems decommissioned according to OAR 340-071 and injection systems for storm water runoff from rooftops, proper decommissioning of an injection system shall be certified by a professional geologist, engineering geologist, or professional engineer registered in the State of Oregon. (c) The following decommissioning requirements apply to drilled wells, boreholes and sewage drain holes or sewage drill holes unless waived in writing by the Director: (A) The owner or operator shall immediately render the system to be completely inoperable by plugging and sealing to prevent the vertical movement of fluids. (B) All portions of the well that are surrounded by “solid wall” formation shall be plugged and filled with cement grout or concrete; or (C) The top portion of the well must be effectively sealed with cement grout or concrete to a depth of at least 18 feet below the surface of the ground, or wherever this method of sealing is not practical, effective sealing must be accomplished in a manner approved in writing by the Director. (4) If the Director determines that the injection system is high risk or potentially contaminated, the Director may require submission of a closure plan for review and approval prior to decommissioning. The owner or operator shall perform any sampling requested by the Director. The results of such sampling shall be reported to the Director. Detection of soil or groundwater contamination from the injection system shall be reported to the Director within 14 days of observation or receipt of sampling results. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.655, 468B.025, 468B.050 & 468B.165 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01 DEQ 35-1979, f. & ef. 12-19-79 SA 41, f. 5-15-69
340-044-0055 Agreements With Other Jurisdictions The Director may enter into a memorandum of agreement with another state agency or local jurisdiction that allows the agency or jurisdiction to act as an agent for the Director with regard to underground injection systems. The agreement shall specify the responsibilities of each agency and the procedures for coordination between both agencies. The agreement may also include provisions for providing information necessary for the Director to comply with program reporting requirements of 40 CFR 144.8. Statutory/Other Authority: ORS 454.655, 454.795, 468B.020, 468B.050, 468B.053 & 468B.160 Statutes/Other Implemented: ORS 468B.050 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01 DEQ 15-1983, f. & ef. 8-26-83
340-045-0005 Purpose The purpose of these rules is to prescribe limitations on discharge of wastes and the requirements and procedures for obtaining NPDES and WPCF permits from the Oregon Department of Environmental Quality. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468.065, 468B.015 & 468B.030 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0020 Non-Permitted Discharges No person may discharge the following wastes into any navigable or public waters: (1) Radioactive, chemical, or biological warfare agent or high-level radioactive waste. (2) Any point source discharge that the Secretary of the Army acting through the Chief of Engineers finds would substantially impair anchorage and navigation. (3) Any point source discharge to navigable waters that the Regional Administrator has objected to in writing. (4) Any point source discharge that is in conflict with an area-wide waste treatment and management plan, or amendment to one, that has been adopted under section 208 of the Federal Act. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468B.025 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0037 Issuance of WPCF Permits (1) DEQ will review each application on its own merits after determining the application is complete for processing. DEQ will develop recommendations under the provisions of all applicable statutes, rules and regulations of the State of Oregon and the U.S. Environmental Protection Agency. (2) After DEQ drafts the public notice and prepares the proposed WPCF permit provisions, DEQ will forward them to the applicant for review and comment. Unless the applicant requests extra time, DEQ will only consider comments before taking its final action on the application if the applicant submits these comments in writing within 14 days after mailing. The applicant may also waive the right for the 14-day review time in the interest of accelerating the issuance procedures. (3) If DEQ proposes to issue a permit, DEQ will provide public notice and participation as OAR 340-045-0027 directs. (4) DEQ must take final action on the permit application within 45 days of the close of the public comment period if a comment period is required. DEQ shall consider all timely comments and any other information obtained that may be pertinent to the permit action in the formulation of a final determination. (5) DEQ shall promptly notify the applicant in writing of the final action as provided in OAR 340-011-0097 and will include a copy of the permit. (7) The duration of a WPCF permit may not exceed 10 years. (8) DEQ's decision is effective from the date of service of the notification or on the date DEQ specifies in writing, provided this date occurs after the date DEQ serves notice. DEQ will only act on a request for hearing if the applicant submits the request in writing within 20 days of the permit’s effective date and states the grounds for the request. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR Chapter 340, Division 011. (a) If a request for hearing is filed on a permit for a new facility, the entire permit is stayed and will not go into effect until the hearing process is complete. (b) If the request for hearing is for an existing facility or activity, or a new activity within an existing facility, only the contested permit condition and the conditions that cannot be implemented separately from the contested conditions are stayed until the hearing process is complete. Statutory/Other Authority: ORS 183 & 468 Statutes/Other Implemented: ORS 468.065 & 468B.050 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00
340-045-0040 Renewal of NPDES or WPCF Permits (1) The procedures for issuing NPDES and WPCF permits apply to renewing these permits. (2) If a completed application for renewal of a permit is filed with DEQ under OAR 340-045-0030, the permit will not expire until final action has been taken on the renewal application. Statutory/Other Authority: ORS 468.020, 468B.020 & 468B.035 Statutes/Other Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 13-2001, f. & cert. ef. 10-16-01 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 21-1990, f. & cert. ef. 7-6-90 DEQ 113, f. & cert. ef. 5-10-76 DEQ 58, f. 9-21-73, cert. ef. 10-25-73 DEQ 53(Temp), f. & cert. ef. 6-21-73 thru 10-18-73
340-045-0045 Transfer of an NPDES or WPCF Permit (1) A person may not transfer an NPDES or WPCF permit to a third party without DEQ’s prior written approval. DEQ may grant approval where 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 NPDES or WPCF permit and the rules of the Commission. (2) An applicant requesting to transfer a permit must submit an application on a form DEQ provides, for authorizing a permit transfer. The form should be submitted to DEQ at least 30 days prior to the proposed action. (3) The transfer of a permit is considered a Category I permitting action as described in OAR 340-045-0027. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065 & 468B.050 History: DEQ 46-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0050 Denial of an NPDES or WPCF Permit DEQ will promptly notify the applicant in writing of the denial of a permit application under OAR 340-011-0097. The notification will include the reasons for denial. The denial will become effective 20 days from the date of service of the notice unless within that time DEQ receives a request for a hearing. The applicant must make the request for a hearing in writing and state the grounds for the request. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065 & 468.070 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0055 Modification of an NPDES or WPCF Permit (1) If DEQ determines it is appropriate to initiate modification of an NPDES or WPCF permit, DEQ will notify the permittee by registered or certified mail of the modification and the reasons for the modification. DEQ-initiated modifications for NPDES permits shall be under section (2) of this rule, and for WPCF permits shall be under section (3) of this rule. (2) The procedures for applying for and issuing NPDES permits apply to any modification the permittee requests or DEQ initiates, excluding modifications that are considered minor. (a) If the modification is minor, it is considered a Category I permitting action as described in OAR 340-045-0027. Under federal regulations, types of minor modifications include the following: (A) Corrections of typographical errors; (B) Requirements for more frequent monitoring, or reporting, or both; (C) Changes in an interim compliance date provided the new date is not more than 120 days after the date in the existing permit and does not interfere with the final compliance date requirement; (D) Changes to the construction schedule for a new discharger provided pollution control equipment is installed and operational prior to discharge; (E) Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except under the existing permit limits; (F) Incorporating conditions from a publicly owned treatment works' pretreatment program that has been approved under OAR 340-045-0063(1). (b) If the modification is not minor, it is considered a Category III or Category IV permitting action as described in OAR 340-045-0027. Only the conditions subject to modification are reopened during this process. The existing NPDES permit will remain in effect until the modification is final. (3) The procedures for applying for and issuing WPCF permits apply to any modification the permittee requests or DEQ initiates, excluding modifications that are considered minor. (a) If modification to a WPCF permit is minor, as defined in section (2) of this rule for NPDES permits, it is considered a Category I permitting action as described in OAR 340-045-0027. (c) Any other modification to a WPCF permit is considered a Category II permitting action as described in OAR 340-045-0027. (4) The modification will become effective upon mailing unless the permittee requests a hearing within 20 days. A permittee must request a hearing in writing and state the grounds for the request. DEQ will conduct any hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. If a hearing is requested, the existing permit continues in effect until DEQ issues a final order. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065, 468.070 & 468B.050 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 13-1988, f. & cert. ef. 6-11-88 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0060 Termination or Revocation of an NPDES or WPCF Permit (1) Automatic Termination. A permit is automatically terminated when: (a) DEQ issues a new permit for the same activity or operation; (b) The permittee requests in writing that the permit terminate, if DEQ determines that a permit is no longer needed; or (c) The permittee fails to submit application for permit renewal as required in OAR 340-45-0030. Termination is effective on the permit expiration date. (2) Revocation with prior notice. (a) If DEQ determines that a permittee is in non-compliance with the terms of its permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Director may revoke the permit. (b) DEQ will provide notice of the intent to revoke the permit under OAR 340-011-0097. The notice will include the reasons why the permit will be revoked. DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 60 days from the date of service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or a final order is issued. (3) Revocation without prior notice. (a) If DEQ finds that the permittee's activities cause a serious danger to the public health, safety or the environment, DEQ may immediately revoke or refuse to renew a permit without prior notice or opportunity for a hearing. (b) If DEQ does not provide advance notice of the revocation, DEQ will notify the permittee as soon as possible as provided in OAR 340-011-0097. The notification will state the reasons for the revocation or refusal to renew. (c) DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 90 days of the service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. If DEQ does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by DEQ. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065 & 468.070 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 22-1981, f. & ef. 9-2-81 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0061 Special WPCF Permit (Short-Term) The Director may waive the procedures required in OAR 340-045 and issue a special, short-term WPCF permit for unexpected or emergency activities, operations, emissions or discharges. Such a permit is valid for not more than 60 days from date of issuance. DEQ will develop such a permit to ensure it adequately protects property and preserves public health, welfare and resources. Application for a special WPCF permit must be in writing and may be in the form of a letter that fully describes the emergency and the proposed activities, operations, emissions, or discharges. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065 & 468.070 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00
340-045-0062 Mutual Agreement and Order (1) The Director may issue a mutual agreement and order (MAO) in lieu of or in addition to an NPDES permit or WPCF permit where the MAO is part of an enforcement action, for disposal of wastewater associated with the cleanup of a spill, or for an activity that does not lend itself to the normal permitting process or permit term. (2) An MAO may include, but not necessarily be limited to, compliance schedules, effluent limitations, monitoring and reporting requirements, or stipulated penalties, or any of these. (3) The term of an MAO, when used in lieu of a permit, may not be longer than the term of the type of permit it is replacing. (4) The permitting procedures in OAR 340-045 are not required for MAOs, except for the following: An MAO issued in lieu of an NPDES permit is considered a Category II permitting action as described in OAR 340-045-0027. An exception to this requirement is allowed for environmental cleanups or other instances where a delay in issuing an MAO may magnify the problem. In these situations, DEQ may issue public notice at the same time it issues the MAO. (5) When an MAO is used in lieu of a permit, the fee schedule for permits found in OAR 340-045-0075 applies. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.065 & 468B.050 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 21-1990, f. & cert. ef. 7-6-90
340-045-0063 Industrial Waste Pretreatment (1) All owners of sewerage systems that receive industrial waste subject to federal or state pretreatment standards will develop and implement a pretreatment program for controlling those industrial contributors. The system owner must submit the program to the Director for approval. DEQ approval is considered a Category III action as described in OAR 340-045-0027. (2) The Director will review requests for revisions of categorical pretreatment standards to reflect removals the sewerage system achieves. Removal credits are only allowed if the Director approves them. (3) Both the owners of sewerage systems receiving industrial wastes and the industrial contributors must comply with applicable pretreatment provisions of the federal Clean Water Act and DEQ’s rules. (4) Where a question exists as to whether or not an industrial contributor falls within a particular industrial subcategory, the Director will make a written finding and submit it to the EPA Regional Enforcement Division Director for a final determination, unless the Enforcement Division Director waives receiving the Director's determination as provided in the federal regulations. In that case the Director's determination is final. (5) The owner of a sewerage system receiving industrial waste is responsible for assuring that the industrial contributor meets the prohibited discharge or categorical pretreatment standards established by the United State Environmental Protection Agency or DEQ, whichever is most limiting. The owner of the sewerage system may impose more stringent pretreatment standards if the owner deems it necessary for properly operating and maintaining the sewerage system or disposability of the sewage sludge. (6) The Director will review requests for Fundamentally Different Factors variances and will either deny them or concur with them and submit the concurrence to the United States Environmental Protection Agency for approval, as provided in federal regulations. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 454.020 & 468B.035 History: DEQ 47-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 16-1980, f. & ef. 5-27-80
340-045-0065 Other Requirements (1) Before beginning construction on any waste collection, treatment, disposal, or discharge facilities for which a permit is required by OAR 340-045-0015, the facility owner or operator must submit detailed plans and specifications to, and receive written approval from, DEQ, as ORS 468B.055 and OAR, Division 52, Review of Plans and Specifications require. (2) Monitoring, recording, and reporting procedures used to meet the requirements of a NPDES permit must conform with the Federal Act and regulations issued under it. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 454.020 & 468B.035 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 3-1999, f. & cert. ef. 2-5-99 DEQ 133, f. & ef. 5-2-77 Reverted to DEQ 113, f. & ef. 5-10-76 DEQ 126(Temp), f. & ef. 12-30-76 thru 4-28-77 DEQ 113, f. & ef. 5-10-76 DEQ 58, f. 9-21-73, ef. 10-25-73 DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73
340-045-0080 Effect of a Permit: Purpose (1) A permittee in compliance with a National Pollutant Discharge Elimination System (NPDES) permit during its term is considered to be in compliance for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403, and 405(a)-(b) of the federal Clean Water Act (CWA) and ORS 468B.030, 468B.035, and 468B.048, and implementing rules, applicable to effluent limitations, including effluent limitations based on water quality basin standards, and treatment systems operation requirements. This section does not apply to: (a) Toxic effluent standards and prohibitions imposed under Section 307 of the CWA, and OAR Chapter 340, Division 41; (b) Standards for sewage sludge use or disposal under Section 405(d) of the CWA; or (c) Groundwater quality protection requirements as specified in OAR Chapter 340, Division 40. (2) Section (1) of this rule does not prevent DEQ from instituting any proceeding for any modifications, revocation, or suspension of a permit during its term. This includes any modification of a permit necessary to implement and enforce Oregon statutes or rules enacted or adopted after DEQ issued the permit. (3) Compliance with permit conditions that implement a particular standard for sewage sludge use or disposal is an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal under Sections 405(e) and 309 of the CWA. (4) Nothing in this rule prevents DEQ from instituting any proceeding against a permittee for violating ambient water quality standards, outside of any applicable mixing zone, in effect at the time the permit issued, that are not implemented through an effluent limitation. (5) The Commission may adopt rules that apply to existing permits when either the Commission or the Governor declares an emergency. Statutory/Other Authority: ORS 468.020 & 468B.035 Statutes/Other Implemented: ORS 468.020 & 468B.035 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 10-1993, f. & cert. ef. 6-17-93 DEQ 18-1992, f. & cert. ef. 8-7-92 (and corrected 8-12-92)
340-046-0005 Purpose The purpose of these rules is to regulate the beneficial use of motor vehicle bodies, chassis, parts, and accessories 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, and the means and method for their deposit. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.065 History: DEQ 7, f. 3-31-70, ef. 4-25-70