justicedao/ipfs_state_laws huggingface dataset:
340-041-0220 Basin-Specific Criteria (Mid Coast Basin): Beneficial Uses to Be Protected in the Mid 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 Mid Coast Basin (see Figure 1) may be managed to protect the designated beneficial uses shown in Table 220A (November 2003). (2) Designated fish uses to be protected in the Mid Coast Basin are shown in Figures 220A, 220B, 220I and 220J (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 the following tables and figures in OAR 340-041-0220: Figure 220J. (b) In addition to the salmonid spawning areas shown on Figure 220J, 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 Mid Coast Basin marine waters and in coastal waters designated in Figures 220C through 220H (August 2016). (5) Shellfish harvesting use is to be protected in all Mid Coast Basin marine waters and in coastal waters designated in Figures 220C through 220H (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 17-2003, f. & cert. ef. 12-9-03
340-041-0224 Basin-Specific Criteria (Mid Coast Basin): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Clear Lake — Phosphorus — December 8, 1992 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
340-041-0225 Basin-Specific Criteria (Mid Coast 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: 6.5–8.5. (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-0220: 100.0 mg/l. (3) Nutrients in Clear Lake Watershed. In order to preserve the existing high quality water in Clear Lake north of Florence for use as a public water supply source requiring only minimal filtration, it is the policy of the Environmental Quality Commission to protect the Clear Lake watershed including both surface and groundwater, from existing and potential contamination sources with the following requirements: (a) The total phosphorus maximum annual loading discharged into Clear Lake may not exceed 241 pounds per year from all sources. (b) The total phosphorus maximum annual loading for the Clear Lake watershed may be deemed exceeded if the median concentration of total phosphorus from samples collected in the epilimnion between May 1 and September 30 exceed nine micrograms per liter during two consecutive years. (c) Of the total phosphorus loading of 241 pounds per year specified in section (1) of this rule, 192 pounds per year will be considered current background and Department reserve and is not available to other sources. (d) The total phosphorus maximum annual loading discharged into Collard Lake may not exceed 123 pounds per year. (e) If water quality monitoring within the Clear Lake watershed indicates degradation, the Commission may require additional studies, corrective actions, or both, by rule. Such corrective actions may include but are not limited to the construction of sewage collection and off-site treatment and disposal facilities. (4) 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 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) 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. 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
340-041-0230 Basin-Specific Criteria (North Coast): Beneficial Uses to Be Protected in the North 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 North Coast Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 230A (November 2003). (2) Designated fish uses to be protected in the North Coast Basin are shown in Figures 230A, 230B, 230I and 230J (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 340-041-0230: Figure 230J. (b) In addition to the salmonid spawning areas shown on Figure 230J, 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 North Coast Basin marine waters and in coastal waters designated in Figures 230C through 230H (August 2016). (5) Shellfish harvesting use is to be protected in all North Coast Basin marine waters and in coastal waters as designated in Figures 230Cthrough 230H (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 17-2003, f. & cert. ef. 12-9-03
340-041-0234 Basin-Specific Criteria (North Coast): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Nestucca Bay Drainage — Temperature, Bacteria and Sediment — May 13, 2002 Tillamook Bay Drainage — Temperature and Bacteria — July 31, 2001 North Coast — Temperature and Bacteria — August 20, 2003 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
340-041-0235 Basin-Specific Criteria (North Coast): 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: 6.5–8.5. (2) Total Dissolved Solids. Guide concentrations 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-0230: All Fresh Water Streams and Tributaries (other than the main stem Columbia River) — 100.0 mg/l. (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 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 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0250 Basin-Specific Criteria (Owyhee): Beneficial Uses to Be Protected in the Owyhee 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 Owyhee Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 250A (November 2003). (2) Designated fish uses to be protected in the Owyhee Basin are shown in Figure 250A, 250B, and 250C (October 2023). (3) For purposes of applying the salmonid spawning criteria for active resident trout spawning areas as defined in OAR 340-041-0016 (1): (a) Salmonid spawning use, including resident trout spawning is designated for the locations and times shown on OAR 340-041-0250: Figure 250C. (b) In addition to the salmonid spawning areas shown on Figure 250C, 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 on a publicly available inventory until such time that the use determinations are incorporated into the designated use tables and maps in OAR 340-041. 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 salmonid 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
340-041-0254 Basin-Specific Criteria (Owyhee): 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
340-041-0256 Basin-Specific Criteria (Owyhee): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the range of 7.0 to 9.0. When greater 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 the Department, the Department will determine whether the values higher than 8.7 are anthropogenic or natural in origin. (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 340-041-0250: Snake River — 750.0 mg/l. (3) Minimum Design Criteria for Treatment and Control of Sewage Wastes: 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
340-041-0260 Basin-Specific Criteria (Powder/Burnt): Beneficial Uses to Be Protected in the Powder/Burnt Basins [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 Powder/Burnt Basins (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 260A (August 2005). (2) Designated fish uses to be protected in the Powder/Burnt Basins are shown in Figure 260A, 260B, 260C and 260D (October 2023). (3) For purposes of applying the salmonid spawning criteria for active resident trout spawning areas as defined in OAR 340-041-0016 (1): (a) Salmonid spawning use, including resident trout spawning is designated for the locations and times shown on OAR 340-041-0260: Figure 260D. (b) In addition to the salmonid spawning areas shown on Figure 260D, 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 not found to be spawning habitat on a publicly available inventory until such time that the use determinations are incorporated into the designated use tables and maps in OAR 340-041. 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 salmonid 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 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0264 Basin-Specific Criteria (Powder/Burnt): 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
340-041-0265 Basin-Specific Criteria (Powder/Burnt): 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 (other than main stem Snake River): 6.5–9.0. When greater 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 the Department, the Department will determine whether the values higher than 8.7 are anthropogenic or natural in origin. (2) Minimum Design Criteria for Treatment and Control of Sewage Wastes: a minimum of secondary treatment or equivalent control and unless otherwise specifically authorized by the Department, the 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
340-041-0271 Basin-Specific Criteria (Rogue): Beneficial Uses to Be Protected in the Rogue 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 Rogue Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 271A (November 2003). (2) Designated fish uses to be protected in the Rogue Basin are shown in Figures 271A, 271B, 271C and 271D (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 340-041-0271: Figures 271D. (b) In addition to the salmonid spawning areas shown on Figure 271D, 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 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0274 Basin-Specific Criteria (Rogue): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Bear Creek — Ammonia, BOD and Phosphorus — December 8, 1992 Lobster Creek — Temperature — June 13, 2002 Lower Sucker Creek — Temperature — May 30, 2002 Upper Sucker Creek — Temperature — May 4, 1999 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
340-041-0275 Basin-Specific Criteria (Rogue): 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-0271: 500.0 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 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 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