340-041-0009 Bacteria (1) Numeric Criteria: Organisms commonly associated with fecal sources may not exceed the criteria in subsections (a)-(c) of this section: (a) Freshwater contact recreation: (A) A 90-day geometric mean of 126 E. coli organisms per 100 mL; (B) No single sample may exceed 406 E. coli organisms per 100 mL. (b) Coastal water contact recreation, as designated in OAR 340-041-0101, 340-041-220, 340-041-230, 340-041-300 and 340-041-0320: (A) A 90-day geometric mean of 35 enterococcus organisms per 100 mL; (B) Not more than ten percent of the samples may exceed 130 organisms per 100 mL. (c) Shellfish harvesting, as designated in 340-041-0101, 340-041-220, 340-041-230, 340-041-300 and 340-041-0320: (A) A fecal coliform median concentration of 14 organisms per 100 mL; (B) Not more than ten percent of the samples may exceed 43 organisms per 100 mL. (2) A minimum of five samples in a 90-day period is required for calculating the criteria in sections (1)(a)(A) and (1)(b)(A) and (B) of this rule. (3) Raw Sewage Prohibition: No sewage may be discharged into or in any other manner be allowed to enter the waters of the State, unless such sewage has been treated in a manner the Department approved or otherwise allowed by these rules. (4) Animal Waste: Runoff contaminated with domesticated animal wastes must be minimized and treated to the maximum extent practicable before it is allowed to enter waters of the State. (5) Bacterial pollution or other conditions deleterious to waters used for domestic purposes, livestock watering, irrigation, bathing, or shellfish propagation, or otherwise injurious to public health may not be allowed. (6) Implementation in NDPES Permits: Upon NPDES permit renewal or issuance, or upon request for a permit modification by the permittee at an earlier date, bacteria in effluent discharges associated with fecal sources may not exceed the following amounts: (a) In waters designated for coastal water contact recreation: (A) A monthly geometric mean of 35 enterococcus organisms per 100 mL, and (B) Not more than ten percent of samples in a month may exceed 130 enterococcus organisms per 100 mL. (b) In waters designated for freshwater contact recreation: (A) A monthly geometric mean of 126 E. coli organisms per 100 mL; and (B) No single sample may exceed 406 E. coli organisms per 100 mL. However, (C) No violation will be found for an exceedance if the permittee takes at least five consecutive re-samples at four-hour intervals beginning as soon as practicable (preferably within 28 hours) after the original sample was taken and the geometric mean of the five re-samples is less than or equal to 126 organisms per 100 mL of E. coli. However, if the Department finds that re-sampling within the timeframe outlined in this section would pose an undue hardship on a treatment facility, a more convenient schedule may be negotiated in the permit, provided that the permittee demonstrates that the sampling delay will result in no increase in the risk to water contact recreation in waters affected by the discharge; (c) For sewage treatment plants that are authorized to use recycled water under OAR 340, division 55, and that also use a storage pond as a means to dechlorinate their effluent prior to discharge to public waters, effluent limitations for bacteria may, upon a permittee’s request, be based upon appropriate total coliform limits as OAR 340-055-0012-requires: (A) Class C limitations: No two consecutive samples may exceed 240 total coliform per 100 mL. (B) Class A and Class B limitations: No single sample may exceed 23 total coliform per 100 mL. (C) No violation will be found for an exceedance under this paragraph if the permittee takes at least five consecutive re-samples at four hour intervals beginning as soon as practicable (preferably within 28 hours) after the original sample(s) were taken; and in the case of Class C recycled water, the log mean of the five re-samples is less than or equal to 23 total coliform per 100 mL, or, in the case of Class A and Class B recycled water, if the log mean of the five re-samples is less than or equal to 2.2 total coliform per 100 mL. (7) Sewer Overflows in winter: Domestic waste collection and treatment facilities are prohibited from discharging raw sewage to waters of the State during the period of November 1 through May 21, except during a storm event greater than the one-in-five-year, 24-hour duration storm. However, the following exceptions apply: (a) The Commission may on a case-by-case basis approve a bacteria control management plan to be prepared by the permittee, for a basin or specified geographic area which describes hydrologic conditions under which the numeric bacteria criteria would be waived. These plans will identify the specific hydrologic conditions and the public notification and education processes that will be followed to inform the public about an event and the plan, describe the water quality assessment conducted to determine bacteria sources and loads associated with the specified hydrologic conditions, and describe the bacteria control program that is being implemented in the basin or specified geographic area for the identified sources. (b) Facilities with separate sanitary and storm sewers existing on January 10, 1996, and that currently experience sanitary sewer overflows due to inflow and infiltration problems, must submit an acceptable plan to the Department at the first permit renewal, which describes actions the facility will take to assure compliance with the discharge prohibition by January 1, 2010. Where discharges occur to a receiving stream with sensitive beneficial uses, the Department may negotiate a more aggressive schedule for discharge elimination. (c) On a case-by-case basis, the Department may define the beginning of winter as October 15, if the permittee so requests and demonstrates to the Department's satisfaction that the risk to beneficial uses, including water contact recreation, will not be increased due to the date change. (8) Sewer Overflows in summer: Domestic waste collection and treatment facilities are prohibited from discharging raw sewage to waters of the State during the period of May 22 through October 31, except during a storm event greater than the one-in-ten-year, 24-hour duration storm. The following exceptions apply: (a) For facilities with combined sanitary and storm sewers, the Commission may on a case-by-case basis approve a bacteria control management plan such as that described in subsection (6)(a) of this rule. (b) On a case-by-case basis, the Department may define the beginning of summer as June 1 if the permittee so requests and demonstrates to the Department's satisfaction that the risk to beneficial uses, including water contact recreation, will not be increased due to the date change. (c) For discharge sources whose permit identifies the beginning of summer as any date from May 22 through May 31: If the permittee demonstrates to the Department's satisfaction that an exceedance occurred between May 21 and June 1 because of a sewer overflow, and that no increase in risk to beneficial uses, including water contact recreation, occurred because of the exceedance, no violation may be triggered, if the storm associated with the overflow was greater than the one-in-five-year, 24-hour duration storm. (9) Storm Sewers Systems Subject to Municipal NPDES Stormwater Permits: Best management practices must be implemented for permitted storm sewers to control bacteria to the maximum extent practicable. In addition, a collection-system evaluation must be performed prior to permit issuance or renewal so that illicit and cross connections are identified. Such connections must be removed upon identification. A collection system evaluation is not required where the Department determines that illicit and cross connections are unlikely to exist. (10) Storm Sewers Systems Not Subject to Municipal NPDES Stormwater Permits: A collection system evaluation must be performed of non-permitted storm sewers by January 1, 2005, unless the Department determines that an evaluation is not necessary because illicit and cross connections are unlikely to exist. Illicit and cross-connections must be removed upon identification. (11) In water bodies the Department identifies as water-quality limited for bacteria, and in accordance with priorities the Department establishes, the Department may require those sources that the Department determines to be contributing to the problem to develop and implement a bacteria management plan. The Department may determine that a plan is not necessary for a particular stream segment or segments within a water-quality limited basin based on the contribution of the segment(s) to the problem. The bacteria management plans will identify the technologies, best management practices and measures and approaches to be implemented by point and nonpoint sources to limit bacterial contamination. For point sources, their National Pollutant Discharge Elimination System permit is their bacteria management plan. For nonpoint sources, designated management agencies will develop the bacteria management plan that will identify the appropriate best management practices or measures and approaches. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 9-2016, f. & cert. ef. 8-18-16 DEQ 16-2013, f. & cert. ef. 12-23-13 DEQ 10-2011, f. & cert. ef. 7-13-11 DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 17-2003, f. & cert. ef. 12-9-03