justicedao/ipfs_state_laws huggingface dataset:
340-041-0019 Nuisance Phytoplankton Growth (1)(a) The following values and implementation program must be applied to lakes, reservoirs, estuaries and streams, except for ponds and reservoirs less than ten acres in surface area, marshes and saline lakes: (b) The following average Chlorophyll a values must be used to identify water bodies where phytoplankton may impair the recognized beneficial uses: (A) Natural lakes that thermally stratify: 0.01 mg/1; (B) Natural lakes that do not thermally stratify, reservoirs, rivers and estuaries: 0.015 mg/1; (C) Average Chlorophyll a values may be based on the following methodology (or other methods approved by the Department): A minimum of three samples collected over any three consecutive months at a minimum of one representative location (e.g., above the deepest point of a lake or reservoir or at a point mid-flow of a river) from samples integrated from the surface to a depth equal to twice the secchi depth or the bottom (the lesser of the two depths); analytical and quality assurance methods must be in accordance with the most recent edition of Standard Methods for the Examination of Water and Wastewater. (2) Upon determination by the Department that the values in section (1) of this rule are exceeded, the Department may: (a) In accordance with a schedule approved by the Commission, conduct such studies as are necessary to describe present water quality; determine the impacts on beneficial uses; determine the probable causes of the exceedance and beneficial use impact; and develop a proposed control strategy for attaining compliance where technically and economically practicable. Proposed strategies could include standards for additional pollutant parameters, pollutant discharge load limitations, and other such provisions as may be appropriate. Where natural conditions are responsible for exceedance of the values in section (1) of this rule or beneficial uses are not impaired, the values in section (1) of this rule may be modified to an appropriate value for that water body; (b) Conduct necessary public hearings preliminary to adoption of a control strategy, standards or modified values after obtaining Commission authorization; (c) Implement the strategy upon adoption by the Commission. (3) In cases where waters exceed the values in section (1) of this rule and the necessary studies are not completed, the Department may approve new activities (which require Department approval), new or additional (above currently approved permit limits) discharge loadings from point sources provided that it is determined that beneficial uses would not be significantly impaired by the new activity or discharge. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: Renumbered from 340-041-0150 by DEQ 17-2003, f. & cert. ef. 12-9-03 DEQ 7-1986, f. & ef. 3-26-86
340-041-0021 pH (1) Unless otherwise specified in OAR 340-041-0101 through 340-041-0350, pH values (Hydrogen ion concentrations) may not fall outside the following ranges: (a) Marine waters: 7.0-8.5; (b) Estuarine and fresh waters: See basin specific criteria (OAR 340-041-0101 through 340-041-0350). (2) Waters impounded by dams existing on January 1, 1996, which have pHs that exceed the criteria are not in violation of the standard, if the Department determines that the exceedance would not occur without the impoundment and that all practicable measures have been taken to bring the pH in the impounded waters into compliance with the criteria. 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
340-041-0031 Total Dissolved Gas (1) Waters will be free from dissolved gases, such as carbon dioxide hydrogen sulfide, or other gases, in sufficient quantities to cause objectionable odors or to be deleterious to fish or other aquatic life, navigation, recreation, or other reasonable uses made of such water. (2) Except when stream flow exceeds the ten-year, seven-day average flood, the concentration of total dissolved gas relative to atmospheric pressure at the point of sample collection may not exceed 110 percent of saturation. However, in hatchery-receiving waters and other waters of less than two feet in depth, the concentration of total dissolved gas relative to atmospheric pressure at the point of sample collection may not exceed 105 percent of saturation. 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
340-041-0032 Total Dissolved Solids (TDS) Total Dissolved Solids: Total Dissolved Solids: The concentrations listed in the basin specific criteria found in OAR 340-041-0101 through 340-041-0350, may not be exceeded unless otherwise specifically authorized by DEQ upon such conditions as it may deem necessary. 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
340-041-0036 Turbidity Turbidity (Nephelometric Turbidity Units, NTU): No more than a ten percent cumulative increase in natural stream turbidities may be allowed, as measured relative to a control point immediately upstream of the turbidity causing activity. However, limited duration activities necessary to address an emergency or to accommodate essential dredging, construction or other legitimate activities and which cause the standard to be exceeded may be authorized provided all practicable turbidity control techniques have been applied and one of the following has been granted: (1) Emergency activities: Approval coordinated by the Department with the Oregon Department of Fish and Wildlife under conditions they may prescribe to accommodate response to emergencies or to protect public health and welfare; (2) Dredging, Construction or other Legitimate Activities: Permit or certification authorized under terms of section 401 or 404 (Permits and Licenses, Federal Water Pollution Control Act) or OAR 14l-085-0100 et seq. (Removal and Fill Permits, Division of State Lands), with limitations and conditions governing the activity set forth in the permit or certificate. 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
340-041-0046 Water Quality Limited Waters (1) A receiving stream may be designated as water quality limited through the biennial water quality status assessment report prepared to meet the requirements of section 305(b) of the Federal Clean Water Act. Appendix A of the Status Assessment report will identify: what water bodies are water quality limited, the time of year the water quality standards violations occur, the segment of stream or area of water body limited, the parameter(s) of concern, and whether it is water quality limited under the definition of “Water Quality Limited” in OAR 340-041-0002. Appendix B and C of the Status Assessment report will identify the specific evaluation process for designating water bodies limited; (2) The water quality limited list contained in Appendix A of the Status Assessment report will be placed on public notice and reviewed through the public hearing process. At the conclusion of the hearing process and the evaluation of the testimony, Appendix A will become the official water quality limited list. The Department may add a water body to the water quality limited list between status assessment reports after placing that action out on public notice and conducting a public hearing; (3) For interstate water bodies, the State is responsible for completing the requirements of OAR 340-041-0004(9) of this rule for that portion of the interstate water body within the boundary of the State; (4) For water bodies designated as water quality limited under sub-section (c) of the definition of “Water Quality Limited” in OAR 340-041-0002, the Department will establish a priority list and schedule for future water quality monitoring activities to determine: if the water body should be designated as water quality limited under sub-sections (a) or (b) of the definition of “Water Quality Limited” in OAR 340-041-0002, if estimated TMDLs need to be prepared, and if an implementation plan needs to be developed and implemented; (5) For water bodies designated as water quality limited under sub-section (b) of the definition of “Water Quality Limited” in OAR 340-041-0002, requests for load increases may be considered using the process set out in OAR 340-041-0004(9)(b) of this rule. [NOTE: Documents referenced are available from the agency.] 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 2-2007, f. & cert. ef. 3-15-07 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0101 Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River [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 main stem Columbia River (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 101A (November 2003). (2) Designated fish uses to be protected in the main stem Columbia River are shown in Table 101B (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 340-041-0101: Table 101C. (b) In addition to the salmonid spawning areas shown on Table 101C, 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 and shellfish harvesting use is to be protected in the portion of the main stem Columbia River designated for these uses in Figure 101A (August 2016). [NOTE: View a PDF of Figures 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
340-041-0103 Basin-Specific Criteria (Main Stem Columbia River): Approved TMDLs in the Basin The following TMDLs have been approved by EPA, and appear on the Department’s web site: Columbia River — Dioxin — February 25, 1991 Columbia River — Dissolved Gas — November 11, 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
340-041-0121 Basin-Specific Criteria (Main Stem Snake River): Beneficial Uses to Be Protected in the Main Stem Snake River [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 main stem Snake River (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 121A (August 2005). (2) Designated fish uses to be protected in the main stem Snake River are shown in Table 121B (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 340-041-0121: Table 121C. (b) In addition to the salmonid spawning areas shown on Table 121C, 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
340-041-0122 Basin-Specific Criteria (Main Stem Snake River): 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
340-041-0124 Basin-Specific Criteria (Main Stem Snake River): Water Quality Standards and Policies Specific to the Main Stem Snake River (1) pH (hydrogen ion concentration). pH values may not fall outside the following range: main stem Snake River: 7.0-9.0. (2) Total Dissolved Solids. Guide concentration 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 340-041-0120: main stem Snake River — 750.0 mg/l. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: DEQ 1-2015, f. & cert. ef. 1-7-15 DEQ 17-2003, f. & cert. ef. 12-9-03
340-041-0130 Basin-Specific Criteria (Deschutes): Beneficial Uses to Be Protected in the Deschutes 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 Deschutes Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 130A (November 2003). (2) Designated fish uses to be protected in the Deschutes Basin are shown in Figures 130A, 130B, 130C and 130D (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 apply to the salmonid spawning locations and times shown on OAR 340-041-0130: Figure 130D. (b) In addition to the salmonid spawning areas shown on Figure 130D, 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 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
340-041-0133 Basin-Specific Criteria (Deschutes): 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
340-041-0140 Basin-Specific Criteria (Goose and Summer Lakes): Beneficial Uses to be Protected in Goose and Summer Lake 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 Goose and Summer Lake Basins (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 140A (November 2003). (2) Designated fish uses to be protected in the Goose and Summer Lake Basins are shown in Figure 140A, 140B, and 140C (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 340-041-0140: Figure 140C. (b) In addition to the salmonid spawning areas shown on shown on Figure 140C, 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
340-041-0143 Basin-Specific Criteria (Goose and Summer Lakes): 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
340-041-0145 Basin-Specific Criteria (Goose and Summer Lakes): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration): (a) Goose Lake: pH values may not fall outside the range of 7.5 to 9.5; (b) All other basin waters. 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 340-041-0140: None. (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
340-041-0151 Basin-Specific Criteria (Grande Ronde): Beneficial Uses to Be Protected in the Grande Ronde 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 Grande Ronde Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 151A (November 2003). (2) Designated fish uses to be protected in the Grande Ronde Basin are shown in Figures 151A, 151B, 151C and 151D (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 340-041-0151: Figure 151D. (b) In addition to the salmonid spawning areas shown on Figure 151D, 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