justicedao/ipfs_state_laws huggingface dataset:
340-051-0070 Guidelines for the Design and Operation of Animal Waste Control Facilities: Disposal Facilities and Practices (1) Liquid Manure Disposal: (a) When slurry is spread by tank wagon or truck, a predetermined plan of uniform coverage should be established and adhered to. Under no circumstances should a tank be drained when not in motion across suitable receiving land; (b) Liquid manure irrigation systems should be operated according to a predetermined plan of rotation to insure uniform coverage and prevent prolonged ponding or surface runoff from excessive applications. Leaks and sprinkler head malfunctions should be repaired immediately; (c) The selection of equipment for land disposal should be based upon land configuration, labor requirement, and long term dependability of the system and its components; (d) Adequate land should be provided on a year-round basis for effective assimilation of all manure slurry applied, regardless of the method of application used. Land with poor vertical drainage characteristics, high water table or steep slopes should not be selected for use in a year-round plan of manure disposal; (e) The vegetative cover on disposal land should be harvested or grazed regularly to prevent thatch accumulations of mature grasses and weeds; (f) Livestock should not be permitted to graze the disposal area during periods of saturated soil conditions; (g) Seepage basins should not be used except where it can be demonstrated that ground water pollution will not result. (2) Solids Disposal: (a) Field spreading of manure should be uniform in distribution and limited in quantity to the capacity of the land to retain it; (b) Manure should not be stored or deposited where it can be washed into the surface drainage; (c) Manure solids should not be used as a fill or land raising material where they will pollute ground or surface waters; (d) All dead animals should be promptly collected and disposed of in an approved manner. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0075 Guidelines for the Design and Operation of Animal Waste Control Facilities: Incidental Control Practices (1) The application of manure or manure slurry to land areas should be accomplished when air movements is least likely to carry objectionable odors to residential or recreational areas. (2) New confined animal feeding operations should not be located where prevailing winds are likely to carry odors into residential or recreational areas. Attention should also be given to expansion of suburban areas and the stability of local zoning restrictions in locating new operations or substantially expanding existing operations. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0080 Guidelines for the Design and Operation of Animal Waste Control Facilities: Sources of Qualified Assistance for Design of Facilities (1) Where drainage control, structural or mechanical facilities are sufficiently large or complex to require specialized professional design, the Department may require that detailed plans and specifications be prepared by a qualified engineer for approval prior to construction. (2) Appropriate design services are available through: (a) USDA — Natural Resource Conservation Service; (b) Oregon State University Extension Service and associated plan services; (c) Various equipment manufacturers; (d) Independent consulting engineers. Useful design information is often available through: (A) County extension offices and Agricultural Experiment Stations; (B) Department engineering staff; (C) Oregon State University Departments of Agricultural Engineering and Animal Science; (D) Certain power companies and irrigation districts. (e) Climatological data reporting services (Oregon State University and state climatologist); (f) Other livestock operations that have waste water control facilities in operation; (g) Various livestock production associations; (h) Soil and Water Conservation District offices. (3) Where long range operational planning appears necessary to development of a workable waste control and disposal system, the Department may request that special planning assistance be obtained from Oregon State University and recommendations therefrom be included in the proposal submitted. (4) Any dam or dike in excess of ten feet in height, or any impoundment volume in excess of 9.2 acre feet is required by state laws to be designed by a qualified engineer and approved by the office of the State Engineer. A copy of “Rules and Regulations of the State Engineer,” published annually, should be obtained prior to designing a facility of this type. (5) Approval by the Department of a confined animal feeding operation does not relieve the applicant from his obligation to comply with other pertinent federal, state or local statutes, regulations or ordinances. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-052-0005 Purpose The purpose of these rules is to prescribe requirements and procedures to obtain approval of plans and specifications as required by ORS 468B.055 for the construction, installation or modification of disposal systems, treatment works and sewerage systems. Statutory/Other Authority: ORS 454.626, 454.780 & 468.020 Statutes/Other Implemented: ORS 468B.055 History: DEQ 27-1994, f. & cert. ef. 11-15-94 DEQ 3-1981, f. & ef. 2-6-81
340-052-0020 Performance Requirements and Guidelines for Technical Review (1) The Department may use as guidelines any and all available and pertinent technical sources in reviewing plans including, but not limited to, published journals of such organizations as the Water Pollution Control Federation (W.P.C.F.), and the American Society of Civil Engineers (A.S.C.E.), technical reports, like type plant performance data, pilot plant performance data, textbooks on waste water treatment and other recommended standards as they are published. (2) The Department shall evaluate the degree of reliability and flexibility the system may have to operate as designed, considering component breakdown likelihood, waste water quantity and strength variations, alternate modes of operation, permit requirements, water quality needs and minimum design criteria for treatment and control of wastes in the statewide Water Quality Management Plan (OAR 340, division 41). (3) Sewerage systems except those wholly designed for industrial wastes shall be technically evaluated in conformance with minimum Requirements and Guidelines of the Appendices. The Requirements are mandatory. The Guidelines side of these appendices contain minimum design recommendations and are intended to supplement and implement the mandatory Requirements. (4) Designs shall conform to rules of the Department including but not limited to water, air, noise and solid waste. [NOTE: Referenced documents not linked to below are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.055 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 22-1981, f. & ef. 9-2-81 DEQ 3-1981, f. & ef. 2-6-81
340-052-0025 Approval of Plans (1) Approval of plans shall be in writing. (2) Final review of plans will commence upon receipt of all appropriate and required submittal data and shall be completed within a reasonable period of time commensurate with the nature and complexity of the project. (3) Approval may be provisional. (4) Approval of plans may be deferred pending satisfaction of other requirements including but not limited to: (a) Issuance of either a WPCF or a NPDES permit; (b) Obtaining a surety bond or substitute as may be required by ORS 454.425. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.055 History: DEQ 3-1981, f. & ef. 2-6-81
340-052-0030 Meaning of Approval Approval of plans means that the Department has reviewed favorably the estimates, assumptions and the design presented in the specific project plans for reasonableness and practicality consistent with process technology and for the likelihood that the project may, if operated and maintained as proposed, achieve or maintain the desired result. Plan approval by the Department does not warrant that the facility will meet expectations. Plan approval does not negate the responsibility of the owner to provide additional facilities should the completed work fail to achieve design effluent parameters, unforeseen water quality violations occur, other operational problems develop, or treatment standards or requirements change. Review of non-process related aspects of the plans will be cursory, if reviewed at all, and not meant to assure adequacy of nonprocess related aspects of the design. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.055 History: DEQ 58-2018, minor correction filed 04/04/2018, effective 04/04/2018 DEQ 3-1981, f. & ef. 2-6-81
340-052-0035 Rejection of Plans The Department may reject plans for any one of the following causes: (1) Submittal data is incomplete. (2) Performance Requirements and Guidelines of OAR 340-052-0020 are not reasonably adhered to. (3) The plans fail to provide for such flexibility and reliability as to: (a) Preclude violation of either a permit or water quality standards; or (b) Provide reasonable assurance that the system can be operated and maintained on a continuous basis. (4) The project includes a planned discharge of raw or inadequately treated waste which reasonably can be prevented. (5) Roof, surface, foundation, footing or other groundwater drains are to be connected to the municipal sewerage system. (6) The plans are determined to be inadequate to reliably and consistently achieve permit effluent limitations or to correct water, air, noise, solid waste, or public health problems. (7) The financing plan for sewerage facilities treatment works, or disposal systems does not provide reasonable assurance of adequate funding for continuing maintenance, operation, and replacement. (8) Affirmative statement of land use compatibility determination is not made in accordance with OAR 340-052-0015(1)(g). The Department will notify the plan submitter in writing of reasons for the rejection or deferral of final review of plans. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.055 History: DEQ 3-1981, f. & ef. 2-6-81
340-052-0050 Treatment Works and Sewerage Systems Utilizing New or Unproven Technology The Department encourages the development of new technology and will approve plans of such provided adequate documentation is submitted. The burden of proof for demonstrating new processes, treatment systems, and technologies lies with the design engineer. Documented case histories where any such new application has been successfully and similarly demonstrated or operated on a full scale basis shall be submitted. Demonstrations shall be at other than bench scale and shall be at field conditions such that the prototype information can be validly scaled up to a working facility. Experimental data need not be acquired solely from actual permanent operating facilities. For all such proposals, contingency plans shall be presented which will assure that in event of failure, public health and water quality would be protected. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.055 History: DEQ 3-1981, f. & ef. 2-6-81
340-053-0050 Purpose and Policy (1) Purpose. OAR 340-053-0050 to 340-053-0110 prescribes requirements for the permitting of graywater reuse and disposal systems. The purpose of this division is to protect public health, safety and welfare; public water supplies; and waters of the state. (2) Policy. It is the policy of the Environmental Quality Commission to encourage the use of graywater for beneficial purposes not requiring potable water because it reduces demand on drinking water sources and may conserve groundwater and stream flows by reducing withdrawal. Statutory/Other Authority: ORS 454.610, 454.625, 468.020 & 468B.010 Statutes/Other Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050 History: DEQ 15-2011, f. & cert. ef. 9-12-11
340-053-0060 Applicability (1) This division of rules applies to graywater reuse and disposal systems where some or all of the graywater is diverted from discharge to a sewerage system or an onsite wastewater treatment system to beneficial purposes. (2) This division of rules does not apply to: (a) The discharge of graywater to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071; (b) The reuse of graywater for activities inside a structure such as toilet and urinal flushing, commercial car washing or laundry washing when allowed under the Oregon Specialty Plumbing Code and the resulting wastewater is discharged to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071; (c) The treatment or reuse of recycled water as defined in OAR 340-055-0010; or (d) The treatment, disposal or reuse of industrial waste as defined in OAR 340-045-0010 or process wastewater as defined in 340-045-0010. Statutory/Other Authority: ORS 454.610, 454.625, 468.020 & 468B.010 Statutes/Other Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050 History: DEQ 15-2011, f. & cert. ef. 9-12-11
340-054-0005 Purpose (1) The rules in this division establish procedures and requirements for funding projects and activities that enhance, protect or restore water quality through the Water Pollution Control Revolving Fund, called the Clean Water State Revolving Fund. (2) This division: (a) Describes the means for a public agency to obtain financing for a project that enhances, protects or restores water quality. (b) Describes the means for a qualified institution to obtain financing to finance projects to (i) repair or replace failing on-site septic systems or (ii) replace failing on-site septic systems with connections to an available sewer. (c) Ensures the loan application and funding processes, procedures and requirements are clear. (d) Promotes loan affordability by offering below-market interest rates. (e) Ensures CWSRF’s perpetuity for project funding reliability to provide loans for future projects that enhance, protect or restore water quality. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423 – 468.440 History: DEQ 12-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 11-2012, f. & cert. ef. 12-14-12 DEQ 10-2003, f. & cert. ef. 5-27-03 DEQ 3-1995, f. & cert. ef. 1-23-95 DEQ 2-1989, f. & cert. ef. 3-10-89
340-054-0011 Authorized Fund Uses DEQ will use the CWSRF only to: (1) Make loans to eligible borrowers identified in the Intended Use Plan developed under OAR 340-054-0025; (2) Fund loan reserves specified in OAR 340-054-0036; (3) Purchase bonds or acquire other debt obligations incurred after March 7, 1985 as OAR 340-054-0071 provides; (4) Pay CWSRF program administration costs to the extent federal and state law allow; (5) Earn interest on fund accounts; (6) Establish reserves for bonds issued by the state for use by the fund; or (7) Pay principal and interest of bond obligations sold to benefit the fund. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423–468.440 History: DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 2-2014, f. 1-28-14, cert. ef. 2-3-14 DEQ 11-2012, f. & cert. ef. 12-14-12
340-054-0015 Clean Water State Revolving Fund Loans: Eligible Projects and Activities (1) A public agency may apply for a CWSRF loan up to 100 percent of the cost of a water quality project or the project related costs for the following project types: (a) Implementing a management program established under section 319 of the Clean Water Act. (b) Developing and implementing a comprehensive conservation and management plan under section 320 of the Clean Water Act. (c) Constructing, repairing, or replacing decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage. (d) Managing, reducing, treating, or recapturing stormwater or subsurface drainage water. (e) Developing and implementing watershed projects meeting the criteria set forth in section 122 of the Clean Water Act. (f) Reusing or recycling wastewater, stormwater, or subsurface drainage water. (2) A municipality or intermunicipal, interstate or State agency may apply for a CWSRF loan up to 100 percent of the cost of a water quality project or the project related costs for the following project types: (a) Constructing publicly owned treatment works. (b) Acquiring the land that will be an integral part of the treatment process. These lands include land used for storing treated wastewater in land treatment systems prior to land application, or will be used for ultimate disposal of residues resulting from such treatment and acquiring other land, and interest in land, that are necessary for construction. (c) Reducing the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse. (d) Reducing the energy consumption needs for publicly owned treatment works. (e) Increasing the security of publicly owned treatment works. (3) A qualified institution may apply for a CWSRF loan to finance the capital costs of sub-loans to its sub-borrowers for: (a) Repairing or replacing failing on-site septic systems, or (b) For the replacement of failing on-site septic systems with connections to an available sewer. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 12-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 11-2012, f. & cert. ef. 12-14-12 DEQ 10-2003, f. & cert. ef. 5-27-03 DEQ 3-1995, f. & cert. ef. 1-23-95 DEQ 1-1993, f. & cert. ef. 1-22-93 DEQ 30-1990, f. & cert. ef. 8-1-90 DEQ 2-1989, f. & cert. ef. 3-10-89
340-054-0026 Clean Water State Revolving Fund Loans: CWSRF Project Ranking Criteria for Loans (1) Category 1. Water quality standards and public health considerations. (2) Category 2. Watershed and health benefits. (3) Category 3. Other considerations. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 5-2023, amend filed 05/10/2023, effective 05/10/2023 DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 11-2012, f. & cert. ef. 12-14-12
340-054-0056 Clean Water State Revolving Fund Loans: CWSRF Loan Use Conditions (1) Clean Water Act plans. DEQ will only provide a loan to a project that is consistent with plans developed under sections 303(e), 319 or 320 of the Clean Water Act. (2) Refinancing a long-term loan. DEQ will not provide a loan that will be used to refinance another lender’s long-term loan or other debt obligations. (3) Refinancing an interim loan. DEQ may provide a loan to refinance an interim loan or self-generated funds used to pay DEQ-approved project costs if the public agency borrower: (a) Provides DEQ with a written notice of intent to apply for long-term financing; (b) Wants to proceed with the project using interim financing or self-generated funds; and (c) Agrees to proceed at its own risk whether or not the CWSRF is available to provide long-term financing. (4) Interim financing. DEQ may provide short-term, construction-period financing for an eligible project if the following conditions are met: (a) The CWSRF’s liquidity is sufficient to provide financing without adversely affecting the amount and timing of disbursements needed for prior obligations; (b) The public agency borrower has a legally enforceable obligation for long-term project financing satisfactory to DEQ; and (c) The loan agreement for interim financing will stipulate DEQ is not obligated to provide long-term financing for the project. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 12-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 11-2012, f. & cert. ef. 12-14-12
340-054-0071 Purchase and Refinancing a Public Agency’s Debt Obligation: Debt Obligation Purchase DEQ may use the CWSRF to buy a public agency’s debt obligation subject to all of the following limitations: (1) The debt was incurred after March 7, 1985. (2) The debt obligation does not exceed 30 years. Statutory/Other Authority: ORS 468.020 & 468.440 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 12-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 18-2017, amend filed 11/06/2017, effective 11/07/2017 DEQ 9-2015, f. & cert. ef. 10-16-15 DEQ 2-2014, f. 1-28-14, cert. ef. 2-3-14
340-055-0005 Purpose These rules (OAR 340-055-0005 to 340-055-0030) prescribe requirements for the use of recycled water for beneficial purposes. The purpose of this division is to protect the environment and public health in the State of Oregon. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.015 & 468B.020 History: DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90
340-055-0007 Policy It is the policy of the Environmental Quality Commission to encourage the use of recycled water for domestic, agricultural, industrial, recreational, and other beneficial purposes in a manner which protects public health and the environment of the state. The use of recycled water for beneficial purposes will improve water quality by reducing discharge of treated effluent to surface waters, reduce the demand on drinking water sources for uses not requiring potable water, and may conserve stream flows by reducing withdrawal for out-of-stream use. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.015 History: DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90
340-055-0013 Exempted Use of Recycled Water Recycled water used by a wastewater treatment system owner for landscape irrigation or for in plant processes at a wastewater treatment system is exempt from the rules of this division if: (1) The recycled water is an oxidized and disinfected wastewater; (2) The recycled water is used at the wastewater treatment system site where it is generated or at an auxiliary wastewater or sludge treatment facility that is subject to the same NPDES or WPCF permit as the wastewater treatment system. Contiguous property to the parcel of land upon which the treatment system is located is considered the wastewater treatment system site if under the same ownership; (3) Spray or drift or both from the use does not occur off the site; and (4) Public access to the site is restricted. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.050 History: DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90
340-055-0020 Groundwater Quality Protection Recycled water will not be authorized for use unless all groundwater quality protection requirements in OAR chapter 340, division 40 are met. The requirements in OAR chapter 340, division 40 are considered to be met if the wastewater treatment system owner demonstrates recycled water will be used or land applied in a manner and at a rate that minimizes the movement of contaminants to groundwater and does not adversely impact groundwater quality. If the use of recycled water occurs within a designated groundwater management area, the department may require additional conditions to be met. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.150 - 468B.190 History: DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90