justicedao/ipfs_state_laws huggingface dataset:
340-013-0005 Statement of Policy Wilderness areas represent a natural resource of unique importance. Congress has protected such areas by enacting the Wilderness Act, Public Law 88-577, 16 U.S.C. Sec. 1131, et seq. Those wilderness areas located within the geographical limits of the state are a major part of the cultural heritage of the citizens of Oregon and are a key element in developing and maintaining tourism and recreation as a viable industry. Thus, the environment of wilderness areas is deserving of the highest level of protection and safeguarding by the state in order to preserve Oregon’s unique primitive and natural land areas. The Wilderness Act allows certain activities in wilderness areas. Most of these have minimal present impact on the environment. However, mining and some other activities allowed by the Wilderness Act pose a serious threat of a substantial harm to the unique environment of wilderness areas. Therefore, it is declared to be the policy and purpose of the Department of Environmental Quality to maintain the environment of wilderness areas essentially in a pristine state and as free from air, water, and noise pollution as is practically possible and to permit its alteration only in a manner compatible with recreational use and the enjoyment of the scenic beauty and splendor of these lands by the citizens of Oregon and of the United States. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.035 & 16 USC 1131 et seq. History: DEQ 35, f. 2-15-72, ef. 3-1-72
340-013-0010 Definitions As used in this Division: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Opacity” means the degree to which emissions reduce the transmission of light or obscure the view of an object in the background. (4) “Wilderness Area” means an area designated as wilderness by the Congress of the United States pursuant to Public Law 88-577, 16 U.S.C., Sec. 1131, et seq. (5) “Person” means the federal government, any state, individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.035 & 16 USC 1131 et seq. History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35 f. 2-15-72, cert. ef. 3-1-72
340-013-0015 Emission Permit Requirements (1) No person shall commence or initiate any activity other than emergency or recreational in a wilderness area which causes the emission of air contaminants, water pollutants or noise in excess of the standards set forth in OAR 340-013-0020(1) without first applying for and receiving a permit from the Department. (2) The permit shall be in addition to and not in lieu of other permit requirements of federal, state or local governments. (3) Application for the permit shall be made on forms supplied by the Department. The application shall be made no less than 90 days prior to the proposed date of commencing the activity. (4) An application for a permit may be considered at a public hearing before the Commission or its authorized representative. At least 20 days notice of the hearing shall be provided to the applicant and to any other interested person who has requested notice. (5) The Commission shall consider the testimony, data and views presented at the public hearing and either approve or disapprove a permit for the proposed activity according to its evaluation of whether the air, water and noise emissions from the activity are consistent with the policy and environmental standards as set forth in OAR 340-013-0005 and 340-013-0020. (6) Any permit issued for an activity within a wilderness shall be properly conditioned to achieve the policy objectives and environmental standards of OAR 340-013-0005 and 340-013-0020 and may be modified by the Department after a hearing before the Commission or its authorized representative. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.035 & 468.065 History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35, f. 2-15-72, ef. 3-1-72
340-013-0020 Environmental Standards (1) Except as provided in section (2) of this rule, no person engaged in an activity other than emergency or recreational within a wilderness area shall: (a) Cause, suffer, allow, or permit any emission of air contaminants greater than five percent opacity; (b) Discharge any waste into waters or conduct any activity which causes or is likely to cause: (A) Any measurable increase in color, turbidity, temperature, or bacterial contamination; (B) Any measurable decrease in dissolved oxygen; (C) Any change in hydrogen ion concentration (pH); or (D) Any toxic effect on natural biota. (c) Cause, suffer, allow or permit the emission of noise from any source or sources which noise causes the maximum ambient sound pressure level to exceed 50 dBA at any point at least 50 feet from any source. (2) Subject to the permit requirements in OAR 340-013-0015, the Department may permit the emission of air contaminants greater than five percent opacity, but not to exceed ten percent opacity and noise from any source or sources causing the maximum ambient sound pressure level to exceed 50 dBA at any point at least 50 feet from any source, but not to exceed 75 dBA at such distance. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.035 History: DEQ 35, f. 2-15-72, ef. 3-1-72
340-013-0025 Penalties In addition to and not in lieu of any other judicial redress, a person violating this Division shall be subject to criminal prosecution as provided by Oregon Law. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.090 - 468.140 History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35, f. 2-15-72, ef. 3-1-72
340-013-0030 National Emergency The Governor of Oregon may suspend the requirements in this Division for the duration of any national emergency. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 401.105 History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35, f. 2-15-72, ef. 3-1-72
340-013-0035 New Wilderness Areas This Division shall not apply to any wilderness area established after January 1, 1972, by the United States until a public hearing on the possible application of this Division or other rules thereto shall have first been held by the Commission. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.035 History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35, f. 2-15-72, ef. 3-1-72
340-014-0100 Purpose of Green Permits The purpose of the Green Permits program is to achieve environmental results that are significantly better than otherwise required by law through adoption of environmental management systems or use of innovative approaches or strategies. Agencies shall encourage applications that promote pollution prevention, source reduction, more efficient use of natural resources, improvements in technology or practices, utilization of environmental management systems and creation of public and private entity partnerships that can achieve environmental results that are significantly better overall than otherwise required by law. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0110 Criteria for Approval of a Custom Waiver Permit (1) An agency or agencies may approve a Custom Waiver Permit upon demonstration to the agency’s satisfaction that: (a) The waiver requested is necessary to achieve environmental results that are significantly better than otherwise required by law; (b) The applicant will achieve environmental results that are significantly better than otherwise required by law; (c) The applicant has submitted a stakeholder involvement plan relating to the custom waiver and has begun implementing the plan, considering the results of stakeholder involvement in decision making, and responding to comments received from stakeholders during the application review process; (d) The waiver is not likely to create a significant threat to human health or the environment; and (e) The applicant will report on environmental performance and stakeholder involvement activities related to the custom waiver at least annually. (2) In order to determine whether predicted environmental results will be achieved, an agency shall consider: (a) The technical basis for such a prediction, such as reliance upon proven technology or projections based upon demonstrably sound scientific principles; (b) The applicant’s record in Oregon of complying with applicable federal, state and local environmental laws and regulations. Any applicant with a criminal conviction of any environmental law within the prior year shall not be eligible for a Custom Waiver permit; and (c) The applicant’s ability to review, monitor, assess, and manage the environmental impacts related to its custom waiver. (3) In determining whether the predicted environmental results are significantly better than otherwise required by law, the agency’s consideration shall include: (a) The environmental results that are required by law and baseline performance data for the facility; (b) The degree of improvement with respect to the time to achieve the predicted results, any environmental costs of achieving the results, the degree of uncertainty in achieving the results, and the environmental results currently achieved by the facility; and (c) The potential impacts of the waiver on human health and the environment. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0115 Criteria for Approval of a GEMS Participant Permit An agency or agencies may approve a GEMS Participant Permit (also known as Tier I) upon demonstration to the agency’s satisfaction that the applicant has: (1) Implemented a basic, robust environmental management system that is driven by environmental impacts, helps integrate environmental and business functions, provides a mechanism for evaluating continual improvement, and supports verification; committed to maintaining and exceeding regulatory compliance; committed to applying the pollution prevention definition and pollution prevention hierarchy when setting objectives and targets and implementing the environmental program; and committed to continual improvement; (2) Evaluated environmental impacts of at least the facility’s regulated pollutants, and set objectives and targets that will improve environmental performance in management and reduction of regulated or unregulated pollutants; (3) Developed an environmental program that will achieve environmental results that are significantly better than otherwise required by law, demonstrated by projected reductions in targeted environmental impacts; (4) Established performance measures that will be used to explain environmental information in context with past performance; (5) Submitted a baseline performance report that summarizes: (a) Environmental policies affecting the facility operations; (b) Environmental information regarding significant environmental impacts; and (c) The environmental program that will achieve the results anticipated in (2) and (3) above. (6) Developed a plan for an annual update of the performance report that includes an update of the information required in (5) above, and: (a) Performance achievements, and, if appropriate, a description of any obstacles encountered and how addressed; (b) Environmental management system deficiencies and how addressed; (c) Compliance issues and how addressed; and (d) Stakeholder involvement activities, and input received from stakeholders; and (7) Developed a plan for stakeholder involvement that provides information to the public regarding environmental performance on at least an annual basis, and includes a mechanism for receiving and responding to comments. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0130 Technical Assistance and Recognition Program for GEMS Permits (1) The agency shall provide technical assistance to applicants that have applied for a GEMS permit upon request by the applicant. (2) The agency shall establish a program for recognizing achievements of facilities that have an approved GEMS Permit commensurate with the type of GEMS Permit approved. Facilities with a Custom Waiver Permit are not eligible for the recognition program. (3) Facilities with an approved GEMS Permit may promote their achievements in a manner that is commensurate with the type and duration of GEMS permit approved. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0140 Conditions and Limitations of Custom Waiver Permits or GEMS Permits (1) All Custom Waiver Permits shall expire after five years unless renewed. (2) All GEMS Participant Permits shall expire after three years unless renewed. GEMS Participant Permits may only be renewed one time. After one renewal, the participant shall apply for a different type of GEMS permit or the permit shall be terminated. (3) The renewal period for a GEMS Achiever or GEMS Leader Permit shall be negotiable, subject to the following limitations: (a) No GEMS Achiever or GEMS Leader Permit period shall exceed ten years; and (b) No GEMS Achiever or GEMS Leader Permit shall provide any waiver that extends for a period that exceeds two times the length of the period that otherwise would have been required in the absence of the GEMS permit by any environmental law applicable to the requirement being waived. (4) Facilities with an approved Custom Waiver Permit shall submit an annual report containing information required under OAR 340-014-0110. Facilities with an approved GEMS permit shall submit an annual report containing information required under 340-014-0115, 340-014-0120 or 340-014-0125. (5) At least once every three years, a facility with an approved GEMS permit shall demonstrate in its annual report, and the agency shall verify, that the environmental management system is being effectively implemented. (6) Each Custom Waiver Permit shall include a stakeholder involvement plan relating to the custom waiver. The stakeholder involvement plan shall provide information to the public regarding environmental performance relating to the custom waiver on at least an annual basis, and shall include a mechanism for receiving and responding to comments received. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0150 Procedures for Renewing Custom Waiver Permits or GEMS Permits Upon receipt of an application for renewal of the Custom Waiver Permit or GEMS Permit, the agency shall verify that the permittee continues to meet the criteria for approval of the Custom Waiver Permit or GEMS Permit, and evaluate whether the waivers should be continued. The agency shall provide public notice of the renewal application and proposed changes in the Custom Waiver Permit or GEMS Permit, in accordance with the procedures described in OAR 340-014-0145(6). Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0155 Procedures for Modifying Custom Waiver Permits or GEMS Permits (1) A facility with a GEMS permit may apply for a different type of GEMS Permit at any time. (2) A facility with a Custom Waiver Permit or a GEMS permit may apply for a modification of the terms or conditions of a Custom Waiver Permit or GEMS permit at any time. Upon receipt of an application for modification, the agency shall determine whether the proposed modification is a minor modification or a significant modification, taking into consideration whether modifications to waivers are proposed. If the proposal is a significant modification, the agency shall follow the procedures described in OAR 340-014-0145. If the proposal is a minor modification, the agency shall provide public notice in accordance with 340-014-0145(5), and if, within 30 days after commencement of the public notice period, the Department receives written requests from ten persons, or from an organization or organizations representing at least ten persons, for reconsideration as a significant modification, then the agency shall follow all of the remaining procedures described in 340-014-0145. (3) An agency may propose to modify a facility’s GEMS permit in accordance with the procedures described in OAR 340-014-0160(4) if the facility no longer meets the criteria for its GEMS permit but may meet the criteria for a different type of GEMS permit. Upon receipt of the corrective action report and upon completion of such additional investigation as may be required, the agency will either modify the permit in accordance with the procedures above, or withdraw its intent to modify the permit. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-014-0165 Cost Recovery The agency shall recover the costs of the agency in developing, negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may recover the costs of administering a Custom Waiver Permit or GEMS Permit, including permit modifications and renewals, in the following manner: (1) The applicant or permittee shall fully reimburse the agency for the agency’s invoiced direct and indirect costs of conducting the review, negotiating the relevant permit revisions or conditions, responding to public comment, administering the Custom Waiver Permit or GEMS Permit, monitoring the provisions in the Custom Waiver Permit or GEMS Permit and environmental outcomes resulting from the Custom Waiver Permit or GEMS Permit, and publicizing and conducting the public hearings. Indirect costs shall be comprised of general management, support, administrative and overhead costs of the agency that the agency deems to be allocable using generally accepted accounting principles. (2) The agency shall provide the applicant with a budget that estimates the direct and indirect costs that will be charged to the applicant under this section upon acceptance of the application. During the permit application process and during the term of the permit once issued, the agency shall provide quarterly updates of estimated future costs. (3) The agency shall appropriately document the direct and indirect costs of the agency and collect payment for such costs from the permittee. The agency shall collect a deposit from the applicant, against which the agency shall bill until the deposit is depleted. When the deposit is depleted, the agency shall collect an additional deposit. The initial deposit shall accompany the applicant’s initial Custom Waiver Permit or GEMS Permit application and shall be in the amount of $5000. The agency shall deliver to the applicant or permittee an accounting of all charges and the amount of the deposit remaining at the closure of each month’s accounting records. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99
340-016-0005 Purpose The purpose of these rules is to prescribe procedures and criteria to be used by the Department and Commission for issuance of tax credit certificates for pollution control facilities. These rules are to be used in connection with ORS 468.150 to 468.190. These rules become effective upon filing with the Secretary of State or on February 1, 2001 whichever is the later date and apply to all applications received by the Department on or after that date except where otherwise noted herein. An applicant with an application pending Commission action on the date these rules become effective may elect to proceed under these rules by informing the Department in writing. Statutory/Other Authority: ORS 468.150 Statutes/Other Implemented: ORS 468.150 - 468.190 History: DEQ 1-2001, f. 1-30-01, cert. ef. 2-1-01 DEQ 5-1998, f. 4-24-98, cert. ef. 5-1-98 DEQ 12-1984, f. & ef. 7-13-84
340-016-0007 Facilities certified under the 1999 Edition For the purposes of ORS 468.173(1), a facility may be certified under the 1999 edition of 468.155 to 468.190 if the facility was substantially completed on or before December 31, 2001, and an application was filed with the Department within two years after the date of substantial completion. Statutory/Other Authority: ORS 468.020 & 483.335(5) Statutes/Other Implemented: ORS 468.155 - 468.190 History: DEQ 16-2002, f. 10-28-02 cert. ef. 11-1-02
340-016-0009 Certification of wood chippers For the purpose of subdelegating authority to approve and issue final certification of pollution control facilities under OAR 340-016-0080(2): (1) The Environmental Quality Commission authorizes the Director of the Department of Environmental Quality or the Director’s delegate to certify wood chippers as provided in OAR 340-016-0060(4)(h)(C) if: (a) The Department determines the facility is otherwise eligible under OAR 340-016-0060; and (b) The claimed facility cost does not exceed $50,000 as set forth in OAR 340-016-0075(1). (2) The Department may elect to defer certification of any facility to the Environmental Quality Commission. (3) If the Department determines the facility cost, the percentage of the facility cost allocable to pollution control, or the applicable percentage under ORS 468.173 is less than the applicant claimed on the application then the Department shall: (a) Notifying the applicant in writing; and (b) Include a concise statement of the reasons for the proposed certification of a lesser amount or percentage; and (c) Include a statement advising the applicant of their rights under section (4). (4) Applicants that receive a notification under section (3) may elect to defer certification to the Environmental Quality Commission by notifying the Department within 30 days of the notification date. (5) The Department shall defer certification to the Environmental Quality Commission according to sections (2) and (4). (6) The Director or the Director’s delegate shall certify facilities that otherwise qualify under this rule and have not been deferred according to sections (2) or (4). Statutory/Other Authority: ORS 468.020 & 483.335(5) Statutes/Other Implemented: ORS 468.155 - 468.190 History: DEQ 16-2002, f. 10-28-02 cert. ef. 11-1-02