justicedao/ipfs_state_laws huggingface dataset:
340-049-0035 Certification of Wastewater Treatment System and Wastewater Collection System Operators (1) To be considered for operator certification, a person must file a complete application with the Department using approved forms or technology by the filing deadline, if any, established under these rules. The Department will consider only those applications that are complete for processing and include all required qualification information and documentation not already on file with the Department and the appropriate fees. Applications that are incomplete, unsigned or improperly signed, or that do not contain the required documentation will not be accepted by the Department for filing. (2) The Director will issue certificates to persons meeting the education, experience and examination qualifications set forth in OAR 340-049-0030 for the certificate type and grade sought. Grade I Provisional certificate qualifications do not include an examination. The Director may refuse to issue a certificate as provided in 340-049-0080. (3) The Director may issue new certificates with up to a two-year expiration date and subject to renewal requirements in OAR 340-049-0040. Exceptions include Provisional certificates, which expire after 12 months, and new standard certificates issued to persons already certified under these rules, which expire on the same date as the pre-existing certificates. (4) The Director will issue a Grade I Provisional certificate valid for 12 months to persons meeting the education and experience qualifications set forth in OAR 340-049-0030(2)(a) and (3)(a). Upon qualification, including passing a Grade I examination, the Director may issue a standard (renewable) Grade I certificate. The Director may refuse to issue a certificate as provided in 340-049-0080. (5) Certificates in Wastewater Collection System Operation issued by the Department on or before May 1, 1989, will continue to be valid as long as certificate renewal and reinstatement requirements are satisfied and certificates are not revoked. (6) Each certificate issued will designate the certificate type and grade of the person certified, and will have an expiration date stated on the certificate or on an accompanying certificate validation document or on the publicly-available certified operator database. (7) The Department will not consider an application or examination results for a new certificate, including a certificate at a higher grade, if the certificate requested is for the same type, treatment or collection, as an expired certificate that is still under the one-year reinstatement period in OAR 340-049-0045. Once the expired certificate is reinstated, an application for a new certificate may be processed. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.410, 448.415 & 448.420 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
340-049-0045 Reinstatement of Expired Certificates (1) The Department will send a notice of certificate expiration to each certificate holder at the last email address of record. Operators are not relieved of responsibility to reinstate their certificates if they do not receive the notice. (2) The Director will renew an expired certificate if the certificate holder submits a renewal application within one year of the date of expiration, including proof that renewal qualifications have been met and payment of a reinstatement fee and the renewal fee in OAR 340-049-0065(1). (3) If a certificate holder fails to renew an expired certificate within one year following the date of expiration, the certificate holder may re-apply for certification and must meet the requirements established for a new applicant, including passing an examination and payment of the application fee and examination fee. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.410, 448.415 & 448.420 History: DEQ 19-2024, amend filed 11/22/2024, effective 01/01/2025 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
340-049-0050 Certificate and Reciprocity (1) The Department may accord a person with a valid certificate in good standing in another state or Canadian province, or by a Department-approved certifying entity, reciprocal treatment and issue a certificate without examination when, in the judgment of the Director, the certification examination requirements in the other state or Canadian province, or Department-approved certifying entity, are substantially equivalent to and the person’s education and experience meet the requirements set forth in this Division. (2) Persons requesting reciprocity must submit a complete application and pay the reciprocity fee as listed in OAR 340-049-0065(1). (3) The Department will not consider an application for a new certificate by reciprocity, including a certificate at a higher grade, if the certificate requested is of the same type, treatment or collection, as an expired Oregon certificate that is still under the one-year reinstatement period in OAR 340-049-0045. Once the expired certificate is reinstated, an application for a new certificate by reciprocity may be processed. (4) The expiration date of a new operator certificate by reciprocity where there exists a valid Oregon certificate will be the same as the Oregon certificate. (5) When such reciprocity is granted, the person will be subject to the same requirements of renewal as any other persons initially certified under these rules. (6) The Director may refuse to issue a certificate by reciprocity based on a person’s failure to meet education, experience or examination qualifications as stated above or any ground for refusal in OAR 340-049-0080(1). Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.410, 448.415 & 448.420 History: DEQ 19-2024, amend filed 11/22/2024, effective 01/01/2025 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
340-049-0065 Fee Schedules for Wastewater System Operator Certification and Operator Certification Program Support (1) Operator Certification Fee Schedule. Fees for new applications for certification, fees related to taking the exam, fees for evaluating reciprocity, fees for renewal of certification, and fees for reinstating certificates are found in Table B. (2) Operator Certification Program Support Fee Schedule. The annual fee paid by wastewater systems to support the wastewater operator certification program is in Table C. NOTE: Current fee tables referenced are located in the tables attached to OAR 340-071-0800, not in those attached to this rule. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.410(1)(d) & 468.020 Statutes/Other Implemented: ORS 448.405 - 448.430 & 448.992 History: DEQ 32-2025, minor correction filed 11/07/2025, effective 11/07/2025 DEQ 12-2024, amend filed 07/15/2024, effective 11/01/2024 DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13 DEQ 15-2002, f. & cert. ef. 10-16-02 Reverted to DEQ 29-1994, f. & cert. ef. 12-2-94 DEQ 29-1994, f. & cert. ef. 12-2-94 DEQ 30-1994(Temp), f. & cert. ef. 12-2-94 DEQ 23-1988, f. & cert. ef. 9-15-88
340-049-0070 Contracts for Part-Time Supervision (1) When a wastewater system owner enters into a contract for part-time supervision with a certified operator or entity employing a certified operator to comply with OAR 340-049-0015(3), the contract must include at least the following: (a) The parties involved, including names, addresses and phone numbers of each; (b) The name of each operator responsible for supervising the wastewater system; the operator’s certificate type, grade and expiration date; and the operator’s address and phone number; (c) The specific starting date and expiration date of the contract; (d) The minimum number of visits to be made to the wastewater system by the certified operator(s) responsible for supervising the system; and (e) The duties and responsibilities of each party involved, including the certified operator(s). (2) The contract for supervision must provide for a contracted certified operator to be available to respond on site upon request of the wastewater system owner and to any other operator. (3) The Director may require the wastewater system owner to make changes to the contract if the wastewater system violates the conditions of a NPDES or WPCF permit or water pollution control laws in ORS 468B.025. (4) The owner of the wastewater system must maintain the contract on file for Department review. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.410, 448.415, 448.420 & 448.430 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
340-049-0075 Variances The Director may grant variances from requirements in this Division for wastewater system owners if the Department determines that strict compliance with the rules would be highly burdensome or impractical due to special conditions or causes, and that the public or private interest in the granting of the variance clearly outweighs the interest in the application of uniform rules. (1) A wastewater system owner must request a variance in writing and must demonstrate that the requirements for a variance are satisfied; (2) The Department will evaluate and process the variance request as a permit action in accordance with OAR 340-045-0027(1)(a); (3) The Director will notify the wastewater system owner of the decision to grant or deny a variance in accordance with applicable permit issuance procedures, set forth in OAR 340-045-0005, et seq.; (4) If the Director denies the variance, the system owner may request a contested case hearing before the Commission or its authorized representative. Such a request for hearing must be made in writing to the Director within 20 days of the date of mailing of the notification of the variance decision. Any hearing held will be conducted pursuant to the regulations of the Department. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.405 - 448.430, 448.992 & 468B.050 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
340-049-0080 Refusal and Revocation of Certificate and Appeal Process (1) The Director may refuse to issue, renew or reinstate a certificate, or may suspend or revoke the certificate of any person on the following grounds: (a) Obtaining or renewing a certificate by fraud, deceit, or misrepresentation; or (b) Gross or repeated negligence, incompetence or misconduct in performance of duties as an operator or supervisor of a wastewater treatment system or wastewater collection system in Oregon or any other state or Canadian province; or (c) Failure of the operator to comply with the lawful orders, rules or regulations of the Department; or (d) Failure of the operator certified by reciprocity to comply with the lawful orders, rules or regulations of any other state, Canadian province, or certifying authority; or (e) False or fraudulent reporting or record-keeping by the operator regarding the operation or supervision of a wastewater treatment system or wastewater collection system in Oregon or any other state or Canadian province. (2) If the Director refuses to issue, renew or reinstate, or suspends or revokes a person’s certificate, the Director must give notice to the person of opportunity for a contested case hearing in accordance with OAR 340-011-0097. (3) After a period of twenty-four (24) months, the Director may reinstate the certificate of any person whose certificate has been revoked upon presentation of evidence satisfactory to the Director that such reinstatement is warranted. The Director may require re-examination and submittal of fees as a condition of the certificate reinstatement. (4) This rule applies to any matter pending before the Department or Commission. 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 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
340-049-0082 Penalty Provisions (1) Any municipal or private wastewater system owner who knowingly and willfully violates any of the provisions of these rules may be subject to: (a) Criminal penalties according to provisions of ORS 448.992 or 448.415(2); and (b) Civil penalties according to OAR 340, division 12 for violations of NPDES or WPCF permits. (2) Any individual who knowingly and willfully violates any provision in this division may be subject to revocation of certification and criminal penalties under ORS 448.992 or 448.415(2). Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.410, 448.415 & 448.992 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
340-049-0085 Advisory Committee (1) The Department will maintain an Advisory Committee to: (a) Evaluate the effectiveness of the program; and (b) Recommend needs of the program. (2) The Advisory Committee will convene at least twice a year at time and place set by the Department. (3) The composition of the Committee will include, representatives of system owners, operators of small and large wastewater systems, industry associations, and the educational community. Statutory/Other Authority: ORS 448.410, 468.020 & 468B.030 Statutes/Other Implemented: ORS 448.405 - 448.430 & 448.992 History: 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
340-050-0005 Purpose (1) It is the purpose of these rules and best management practices to protect the environment and public health in Oregon by prescribing the methods, procedures and restrictions required for the safe handling and use of domestic wastewater treatment facility solids, biosolids, biosolids derived products, and domestic septage. These rules implement a program for biosolids and domestic septage management which satisfies or exceeds minimum federal regulations pertaining to land application. (2) Industrial process water solids, agricultural wastes and sewerage waste water are not included in these rules. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B History: DEQ 15-1984, f. & cert. ef. 8-21-84
340-050-0006 Policy The Environmental Quality Commission (EQC) encourages the land application of treated domestic wastewater biosolids, biosolids derived products, and domestic septage which are managed in a manner which protects the public health and maintains or improves environmental quality. These beneficial recyclable materials improve soil tilth, fertility, and stability and their use enhances the growth of agricultural, silvicultural, and horticultural crops. Statutory/Other Authority: ORS 459.045, 468.020 & 468B.095 Statutes/Other Implemented: ORS 468.020 & 468B.095 History: DEQ 18-1995, f. & cert. ef. 7-20-95
340-050-0015 Permit or License Required (1) Any person engaged in domestic wastewater collection, or treatment processes where domestic wastewater treatment facility solids, biosolids derived products, or domestic septage are produced and subsequently land applied or disposed, must have in their possession either a valid NPDES or WPCF permit obtained pursuant to ORS 468B.050; or a Solid Waste Disposal permit obtained for a specific site as provided by ORS 459.205 or a valid sewage disposal service license issued pursuant to ORS 454.695. (2) Any person who prepares a biosolids derived product pursuant to 40 CFR §503.7 which includes domestic wastewater treatment facility solids, biosolids, or domestic septage, shall have in their possession a valid NPDES or WPCF permit issued pursuant to ORS 468B.050. (3) Persons who land apply either Bulk Class B biosolids derived from sources outside Oregon or alkaline stabilized domestic septage shall first obtain a valid WPCF permit obtained pursuant to ORS 468B.050. (4) Permit or license issuance or renewal applicants shall submit a biosolids or domestic septage management plan to the Department developed pursuant to OAR 340-050-0031. No plan shall be approved by the Department unless, at a minimum, the plan demonstrates compliance with all requirements specified under OAR 340-050-0020. (5) Conditions in Department biosolids and septage management plan approvals and site authorization letters may be appealed to the Commission pursuant to ORS Chapter 183 and OAR 340-011. Appeals shall be limited to topics pertaining to Department approved biosolids or septage management plan or site authorization letters. (6) Any person operating a sewage disposal service business shall comply with all license conditions required under Department approved septage management plans. (7) Where biosolids will be land applied during the term of a permit, permit applications submitted to the Department shall include a land application plan developed pursuant to 40 CFR §501.15 and OAR 340-050-0031(7). (8) Biosolids management and land application plans shall be subject to review and comment during the public participation process required prior to permit issuance or renewal under OAR 340-014-0025, 340-045-0035, or 340-071-0162. (9) All conditions contained in Department approved biosolids or septage management plan approval and site authorization letters are considered permit requirements. (10) Except as otherwise required by this Division, the permitting provisions in 40 CFR Part 122; 40 CFR Part 501; OAR 340, division 14; OAR 340, division 45; and OAR 340, division 71 are applicable. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.065 History: DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0020 Responsibility It is the responsibility of the permittee and/or licensee to ensure the proper handling of all domestic wastewater treatment facility solids, biosolids and domestic septage generated or pumped. Transportation of domestic treatment facility wastewater solids, biosolids and septage to domestic wastewater treatment facilities; permitted septage pits, ponds or lagoons; or solids land application sites shall be achieved in a manner which prevents leaking or spilling of the solids onto the highways, streets, roads, waterways, or other land surfaces not approved for solids application or disposal. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.020 & 468B.025 History: DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0025 Limitations and Restricted Uses (1) Written authorization must be obtained from the Department prior to burial, containment or direct soil incorporation of raw and/or non-digested wastewater treatment facility solids. (2) Biosolids or biosolids derived products shall not be given or sold to the public without their knowledge as to its origin. Biosolids analysis shall be available on request from the wastewater treatment facility. (3) Biosolids land application to agricultural or forest land, or a public contact site, shall not exceed the nitrogen loading required (agronomic loading rate) for maximum crop yield. (4) On a case-by-case basis, at reclamation sites, the Department may allow a single application of biosolids which is sufficient to supply enough organic matter to establish a vegetative cover. Application rates at these sites may exceed the short-term agronomic loading rate of the vegetation established. (5) On a case-by-case basis, the Department may impose conditions or limitations for the beneficial use of biosolids or domestic septage which are more stringent than the requirements specifically contained in this Division where it considers additional requirements necessary to protect the public health and environment. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.095 History: DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0030 Biosolids and Domestic Septage Land Application Site Selection and Approval (1) Prior approval must be obtained in writing from the Department for the land application of biosolids or domestic septage on beneficial use sites or disposal sites. (2) Prior to approval of any proposed site that may be sensitive with respect to residential housing, runoff potential or threat to groundwater, the Department shall ensure that an opportunity is provided for public comment and, if required as noted in (a) below, public hearing. (a) If, during the public comment period, at least 10 people, or an organization representing at least 10 people, indicate concerns about the proposed action, then opportunity shall be provided for public hearing. (b) The Department shall take final action on site authorization within 30 days of the closure of the public comment period, or 30 days of the closure of the hearing’s record. (3) Land application site authorization letters are considered an integral part of the biosolids or domestic septage management plan. Provisions specified by the Department in site authorization letters, in accordance with a Department approved biosolids or domestic septage management plan, shall be considered enforceable conditions under the permitted source’s NPDES, WPCF, or Solid Waste Disposal permit. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.095 History: DEQ 52-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0032 Biosolids Facilities Plans and Specifications (1) Plans and specifications for biosolids or domestic septage impoundments, reservoirs, tanks, or other containment structures proposed for storage may be required by the Department as part of an upgrade or as a permit or solids management plan approval condition. (2) Detailed plans and specifications for biosolids or septage composting facilities shall, at a minimum, meet requirements included under OAR 340-096-0020. (3) Plans and preliminary engineering reports must be submitted to the Department pursuant to OAR 340-052-0015. Written Department approval shall be obtained prior to the construction or use of biosolids or septage storage or composting facilities. Statutory/Other Authority: ORS 459.045, 468.020 & 468B.095 Statutes/Other Implemented: ORS 468B.055 History: DEQ 18-1995, f. & cert. ef. 7-20-95
340-050-0060 Best Management Practices for Site Selection and the Use and Application of Bulk Biosolids and Domestic Septage: Purpose The following best management practices are meant to provide assistance in the development of environmentally acceptable biosolids and domestic septage use programs. They convey many of the criteria considered by the Department to be important in the use, site selection and application of domestic wastewater treatment facility biosolids, biosolids derived products, and domestic septage. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468b.095 History: DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84