justicedao/ipfs_state_laws huggingface dataset:
340-041-0286 Basin-Specific Criteria (Sandy Basin): Beneficial Uses to Be Protected in the Sandy Basin [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see “Beneficial Uses of Oregon's Waters” on DEQ’s Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).] (1) Water quality in the Sandy Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 286A (November 2003). (2) Designated fish uses to be protected in the Sandy Basin are shown in Figures 286A, 286B, 286C and 286D (October 2023). (3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1): (a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-0286: Figure 286D. (b) In addition to the salmonid spawning areas shown on Figure 286D, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing trout spawning use. [NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0289 Basin-Specific Criteria (Sandy Basin): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: None. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0290 Basin-Specific Criteria (Sandy Basin): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the following ranges: (a) All Basin waters (except main stem Columbia River and Cascade lakes): pH values may not fall outside the range of 6.5 to 8.5; (b) Cascade lakes above 3,000 feet altitude: pH values may not fall outside the range of 6.0 to 8.5. (2) Total Dissolved Solids. Guide concentrations listed below may not be exceeded unless otherwise specifically authorized by DEQ upon such conditions as it may deem necessary to carry out the general intent of this plan and to protect the beneficial uses set forth in OAR 340-041-0286: All Basin Waters (other than the main stem Columbia river) — 100.0 mg/l. (3)(a) Minimum Design Criteria for Treatment and Control of Sewage Wastes: (b) All Basin waters (except main stem Columbia River): (A) During periods of low stream flows (approximately June 1 to October 31): Treatment resulting in monthly average effluent concentrations not to exceed 10 mg/l of BOD and 10 mg/l of SS or equivalent control; (B) During the period of high stream flows (approximately November 1 to May 31): A minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by the Department, operation of all waste treatment and control facilities at maximum practicable efficiency and effectiveness so as to minimize waste discharges to public waters. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0300 Basin-Specific Criteria (South Coast): Beneficial Uses to Be Protected in the South Coast Basin [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see “Beneficial Uses of Oregon's Waters” on DEQ’s Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).] (1) Water quality in the South Coast Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 300A (November 2003). (2) Designated fish uses to be protected in the South Coast Basin are shown in Figures 300A, 300B, 300E and 300F (October 2023). (3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1): (a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-0300: Figure 300F. (b) In addition to the salmonid spawning areas shown on Figure 300F, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing trout spawning use. (4) Coastal water contact recreation use is to be protected in all South Coast Basin marine waters and in coastal waters designated in Figures 300C and 300D (August 2016). (5) Shellfish harvesting use is to be protected in all South Coast Basin marine waters and in coastal waters as designated in Figures 300C and 300D (August 2016) [NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 9-2016, f. & cert. ef. 8-18-16 DEQ 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0304 Basin-Specific Criteria (South Coast): Approved TMDLs in the Basin The following TMDLs have been approved by EPA, and appear on the Department’s web site: Coquille — BOD — July 3, 1996 Upper South Fork of the Coquille — Temperature — March 23, 2001 Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0305 Water Quality Standards and Policies for South Coast Basin (1) pH (Hydrogen ion concentration) pH values may not fall outside the following ranges: (a) Estuarine and fresh waters: 6.5-8.5. (b) Marine waters: 7.0-8.5. (2) Total Dissolved Solids. Guide concentrations listed below may not be exceeded unless otherwise specifically authorized by DEQ upon such conditions as it may deem necessary to carry out the general intent of this plan and to protect the beneficial uses set forth in OAR 340-04l-0300: 100.0 mg/l. (3) Minimum Design Criteria for Treatment and Control of Sewage Wastes: (a) During periods of low stream flows (approximately May 1 to October 31): Treatment resulting in monthly average effluent concentrations may not exceed 20 mg/l of BOD and 20 mg/l of SS or equivalent control; (b) During the period of high stream flows (approximately November 1 to April 30) and for direct ocean discharges: A minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by the Department, operation of all waste treatment and control facilities at maximum practicable efficiency and effectiveness so as to minimize waste discharges to public waters. (4) Outstanding Resource Waters of Oregon (ORWs) (a) The North Fork Smith River and its tributaries and associated wetlands. These streams include but are not limited to the North Fork Smith River, Chrome Creek, Spokane Creek, Fall Creek, Cedar Creek, Horse Creek, Packsaddle Creek, Baldface Creek, Taylor Creek, Biscuit Creek, Wimer Creek, McGee Creek, Cabin Creek, Diamond Creek, and the North Fork Diamond Creek. (b) The current high water quality, exceptional ecological values, and existing and designated uses of the ORWs identified in this rule (“these waters”) must be maintained and protected except as altered by natural causes. (c) No new NPDES discharge or expansion of an existing discharge to these waters may be allowed. (d) No new NPDES discharge or expansion of an existing discharge to waters upstream of or tributary to these waters may be allowed if such discharge would degrade the water quality within these waters. (e) No activities may be allowed that would degrade the existing water quality and ecological characteristics and values of these waters. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 8-2017, f. & cert. ef. 7-18-17 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0310 Basin-Specific Criteria (Umatilla): Beneficial Uses to Be Protected in the Umatilla Basin [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see “Beneficial Uses of Oregon's Waters” on DEQ’s Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).] (1) Water quality in the Umatilla Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 310A (January 2015). (2) Designated fish uses to be protected in the Umatilla Basin are shown in Figures 310A, 310B, 310C and 310D (October 2023, except as noted in Table 310A). (3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1): (a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-0310: Figures 310D. (b) In addition to the salmonid spawning areas shown on Figures 310D, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing trout spawning use. [NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 1-2015, f. & cert. ef. 1-7-15 DEQ 3-2012, f. & cert. ef. 5-21-12 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0314 Basin-Specific Criteria (Umatilla): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Umatilla River Basin — Temperature, pH, Sediment, Turbidity, Aquatic Weeds, and Algae — May 9, 2001 Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0315 Basin-Specific Criteria (Umatilla): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the following range: all Basin streams except the main stem Columbia River and the “constructed channel” segment of the West Division Main Canal: 6.5-9.0. When more than 25 percent of ambient measurements taken between June and September are greater than pH 8.7, and as resources are available according to priorities set by DEQ, DEQ will determine whether the values higher than 8.7 are anthropogenic or natural in origin. (2) The following criteria apply to the “constructed channel” segment of the West Division Main Canal and supersede the water quality standards in OAR 340-041-0011 through 340-041-0036 for the “constructed channel” segment of the canal. The criteria in (b) and (c) also apply to the “overflow channels” segment of the West Division Main Canal. (a) Canal waters may not exceed the numeric criteria shown in Table 315 from the uppermost irrigation withdrawal to the end of the “constructed channel” segment of the canal. (b) Toxic substances must not be present in canal waters in amounts likely to singularly or in combination harm the designated beneficial uses of the canal or downstream waters. (c) Sediment load and particulate size shall not exceed levels that interfere with irrigation or the other designated beneficial uses of the canal; (d) pH values may not fall outside the range of 4.5 to 9.0. (3) Minimum Design Criteria for Treatment and control of Sewage Wastes in this Basin: (a) During periods of low stream flows (approximately April 1 to October 31): Treatment resulting in monthly average effluent concentrations not to exceed 20 mg/l of BOD and 20 mg/l of SS or equivalent control; (b) During the period of high stream flows (approximately November 1 to April 30): A minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by DEQ, operation of all waste treatment and control facilities at maximum practicable efficiency and effectiveness so as to minimize waste discharges to public waters. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 1-2015, f. & cert. ef. 1-7-15 DEQ 3-2012, f. & cert. ef. 5-21-12 DEQ 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0320 Basin-Specific Criteria (Umpqua Basin): Beneficial Uses to Be Protected in the Umpqua Basin [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see “Beneficial Uses of Oregon's Waters” on DEQ’s Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).] (1) Water quality in the Umpqua Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 320A (November 2003). (2) Designated fish uses to be protected in the Umpqua Basin are shown in Figures 320A, 320B, 320D and 320E (October 2023). (3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1): (a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-01320: Figure 320E. (b) In addition to the salmonid spawning areas shown on Figures 320E, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing trout spawning use. (4) Coastal water contact recreation use is to be protected in all marine waters adjacent to the Umpqua River and in coastal waters designated in Figure 320C (August 2016). (5) Shellfish harvesting use is to be protected in all marine waters adjacent to the Umpqua River and in coastal waters as designated in Figure 320C (August 2016). [NOTE: View a PDF of referenced Tables and Figures by clicking on the "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2018, minor correction filed 02/14/2018, effective 02/14/2018 DEQ 32-2017, minor correction filed 11/30/2017, effective 11/30/2017 DEQ 9-2016, f. & cert. ef. 8-18-16 DEQ 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0324 Basin-Specific Criteria (Umpqua Basin): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Little River — Temperature, pH and Sediment — January 29, 2002 Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0326 Basin-Specific Criteria (Umpqua Basin): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the following ranges: (a) Marine waters: 7.0–8.5; (b) Estuarine and fresh waters (except Cascade lakes): 6.5–8.5; (c) Cascade lakes above 3,000 feet altitude: pH values may not fall outside the range of 6.0 to 8.5. (2) Total Dissolved Solids. Guide concentrations listed below may not be exceeded unless otherwise specifically authorized by DEQ upon such conditions as it may deem necessary to carry out the general intent of this plan and to protect the beneficial uses set forth in OAR 340-04l-0320: 500.0 mg/l. (3) Turbidity (Nephelometric Turbidity Units, NTU). When appropriate studies are completed by the Corps of Engineers, or others, the Environmental Quality Commission will, consistent with the provisions of ORS Chapter 468, modify the turbidity standard, on a case-by-case basis if necessary, to accommodate such specific water storage and development projects in the South Umpqua Basin as are found to be in the best overall interest of the public. (4) Minimum Design Criteria for Treatment and Control of Sewage Wastes: (a) During periods of low stream flows (approximately May 1 to October 31): (A) Main stem Umpqua River, South Umpqua River, and all tributaries to the main stem and South Umpqua Rivers: Treatment resulting in monthly average effluent concentrations not to exceed 10 mg/l of BOD and 10 mg/l of SS or equivalent control; (B) North Umpqua River from mouth to Idleyld Park (river mile 0 to 35): Treatment resulting in monthly average effluent concentrations not to exceed 10 mg/l of BOD and 10 mg/l of SS or equivalent control; (C) North Umpqua River above Idleyld Park (river mile 35) and all tributaries to North Umpqua River: Treatment resulting in monthly average effluent concentrations not to exceed 5 mg/l of BOD and 5 mg/l of SS or equivalent control. (b) During the period of high stream flows (approximately November 1 to April 30): A minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by the Department, operation of all waste treatment and control facilities at maximum practicable efficiency and effectiveness so as to minimize waste discharges to public waters. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0330 Basin-Specific Criteria (Walla Walla): Beneficial Uses to Be Protected in the Walla Walla Basin [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see “Beneficial Uses of Oregon's Waters” on DEQ’s Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).] (1) Water quality in the Walla Walla Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 330A (November 2003). (2) Designated fish uses to be protected in the Walla Walla Basin are shown in Figures 310A, 310B, 310C and 310D (October 2023). (3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1): (a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-0330: Figure 310D. (b) In addition to the salmonid spawning areas shown on Figures 310D, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing trout spawning use. [NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0334 Basin-Specific Criteria (Walla Walla): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: None. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 17-2003, f. & cert. ef. 12-9-03