justicedao/ipfs_state_laws huggingface dataset:
340-018-0200 Cooperation With and Technical Assistance to Local Government The Department is committed to cooperate with and provide local government with environmental quality technical assistance and data for local government land use planning purposes within Department funding and staffing capabilities. (1) Cooperation and technical assistance may include but not be limited to the following: (a) The provision of notice to local government of proposed rules and programs determined to affect land use; (b) Participation in the periodic review, plan update or plan amendment process; (c) The provision of environmental technical or scientific interpretative assistance and data. (2) The Department’s Intergovernmental Coordination Office is the initial contact point for local government. Department cooperation and assistance will be coordinated and provided as appropriate by the Department’s division and region offices. (3) The provisions and referenced provisions of this section shall apply to all local governments including those local governments recognized under the state’s Coastal Zone Management Program. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 197.180 History: DEQ 36-1990, f. & cert. ef. 8-28-90
340-035-0005 Policy In the interest of public health and welfare, and in accordance with ORS 467.010, it is declared to be the public policy of the State of Oregon: (1) To provide a coordinated state-wide program of noise control to protect the health, safety, and welfare of Oregon citizens from the hazards and deterioration of the quality of life imposed by excessive noise emissions; (2) To facilitate cooperation among units of state and local governments in establishing and supporting noise control programs consistent with the state program and to encourage the enforcement of viable local noise control regulations by the appropriate local jurisdiction; (3) To develop a program for the control of excessive noise sources which shall be undertaken in a progressive manner, and each of its objectives shall be accomplished by cooperation among all parties concerned. Statutory/Other Authority: ORS 467 Statutes/Other Implemented: ORS 467.010 History: DEQ 77, f. 9-5-74, ef. 9-25-74 DEQ 75, f. 7-25-74, ef. 8-25-74
340-035-0010 Exceptions (1) Upon written request from the owner or controller of a noise source, the Department may authorize exceptions as specifically listed in these rules. (2) In establishing exceptions, the Department shall consider the protection of health, safety, and welfare of Oregon citizens as well as the feasibility and cost of noise abatement; the past, present, and future patterns of land use; the relative timing of land use changes; and other legal constraints. For those exceptions which it authorizes the Department shall specify the times during which the noise rules can be exceeded and the quantity and quality of the noise generated, and when appropriate shall specify the increments of progress of the noise source toward meeting the noise rules. Statutory/Other Authority: ORS 467 Statutes/Other Implemented: ORS 467.030 History: DEQ 77, f. 9-5-74, ef. 9-25-74 DEQ 75, f. 7-25-74, ef. 8-25-74
340-035-0100 Variances (1) Conditions for Granting. The Commission may grant specific variances from the particular requirements of any rule, regulation, or order to such specific persons or class of persons or such specific noise source upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with such rule, regulation, or order is inappropriate because of conditions beyond the control of the persons granted such variance or because of special circumstances which would render strict compliance unreasonable, or impractical due to special physical conditions or cause, or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation, or because no other alternative facility or method of handling is yet available. Such variances may be limited in time. (2) Procedure for Requesting. Any person requesting a variance shall make his request in writing to the Department for consideration by the Commission and shall state in a concise manner the facts to show cause why such variance should be granted. (3) Revocation or Modification. A variance granted may be revoked or modified by the Commission after a public hearing held upon not less than 20 days' notice. Such notice shall be served upon the holder of the variance by certified mail and all persons who have filed with the Commission a written request for such notification. Statutory/Other Authority: ORS 467 Statutes/Other Implemented: ORS 467.030 History: DEQ 26-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 75, f. 7-25-74, ef. 8-25-74
340-035-0110 Suspension of Commission and Department Responsibilities In 1991, the Legislative Assembly withdrew all funding for implementing and administering ORS Chapter 467 and the Department’s noise program. Accordingly, the Commission and the Department have suspended administration of the noise program, including but not limited to processing requests for exceptions and variances, reviewing plans, issuing certifications, forming advisory committees, and responding to complaints. Similarly, the public’s obligations to submit plans or certifications to the Department are suspended. Statutory/Other Authority: ORS 467 Statutes/Other Implemented: ORS 467 History: DEQ 5-2004, f. & cert. ef. 6-11-04
340-039-0001 Purpose and Policy (1) Purpose. This rule implements ORS 468B.555 to allow entities regulated under the Clean Water Act to meet pollution control requirements through water quality trading. This rule establishes the requirements for water quality trading in Oregon. (2) Policy. The Oregon Department of Environmental Quality may approve water quality trading only if it promotes one or more of the following Environmental Quality Commission policies: (a) Achieves pollutant reductions and progress towards meeting water quality standards; (b) Reduces the cost of implementing Total Maximum Daily Loads (TMDLs); (c) Establishes incentives for voluntary pollutant reductions from point and nonpoint sources within a watershed; (d) Offsets new or increased discharges resulting from growth; (e) Secures long-term improvement in water quality; or (f) Results in demonstrable benefits to water quality or designated uses the water quality standards are intended to protect. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0003 Water Quality Trading Objectives Water quality trading authorized under this rule must: (1) Be consistent with anti-degradation policies; (2) Not cause or contribute to an exceedance of water quality standards; (3) Be consistent with local, state, and federal water quality laws; (4) Be designed to result in a net reduction of pollutants from participating sources in the trading area; (5) Be designed to assist the state in attaining or maintaining water quality standards; (6) Be designed to assist in implementing TMDLs when applicable; (7) Be based on transparent and practical Best Management Practices (BMPs) quality standards to ensure that water quality benefits and credits are generated as planned; and (8) Not create localized adverse impacts on water quality and existing and designated beneficial uses. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0015 Eligibility (1) An entity regulated by a National Pollutant Discharge Elimination System (NPDES) permit or a federal permit or license for which DEQ has issued a water quality certification pursuant to Clean Water Act section 401 and OAR chapter 340, division 048 (a “401 water quality certification”) is eligible to enter into a trade. (2) Water quality parameters eligible for water quality trading: (a) DEQ may authorize water quality trading for the following water quality parameters: temperature, ammonia, sediment, total suspended solids, and nutrients and other oxygen-demanding substances, including biochemical oxygen demand. (b) Water quality trading for pollutants that are toxic and either persist in the environment or accumulate in the tissues of humans, fish, wildlife or plants is prohibited, except if trading is an element of a pollution reduction plan in a variance that has been issued by DEQ or the EQC and approved by EPA pursuant to OAR 340-041-0059. (c) Water quality trading authorized under this division may not be used to meet technology-based effluent limitations. (d) DEQ may authorize trading for other water quality parameters on a case-by-case basis provided it does not cause or contribute to an exceedance of a water quality standard. (3) Water bodies where trading may occur: (a) High quality waters. DEQ may authorize trading to maintain or improve water quality in water bodies that meet water quality standards, including but not limited to, trading projects designed to offset new or increased pollutant loads. (b) Water quality limited waters. DEQ may authorize trading where it is consistent with the water quality management plan in a TMDL or other water pollution control plan adopted by rule or issued by order under ORS 468B.015 or 468B.110, or in water bodies: (A) That are water quality limited but not subject to a TMDL; or (B) Where trading projects are designed to achieve progress towards meeting water quality standards before or while a TMDL is being developed. (4) BMPs eligible for credit generation must be quantifiable and have BMP quality standards. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0017 Regulatory Mechanisms for Water Quality Trading (1) NPDES Permitting: (a) Trading in Permits: DEQ may authorize water quality trading in an NPDES permit to meet water quality-based effluent requirements. (b) Compliance Schedules. Water quality trading may be included in an NPDES permit compliance schedule only if the trade is consistent with the requirements of OAR 340-041-0061 and any applicable regulations of the EPA. (c) Permit Variances. Water quality trading may be included as a component of the pollution reduction plan in a variance issued under OAR 340-041-0059. (2) 401 Water Quality Certifications. DEQ may condition a 401 water quality certification based on water quality trading consistent with this division. (3) Annual Reporting. The regulated entity must submit an annual report to DEQ that describes trading plan implementation and performance over the past year. The annual report must include information specific to each trading project implemented including: (a) The location of each trading project and BMPs implemented in the preceding year; (b) The trading project baseline; (c) The trading ratios used; (d) Trading project monitoring results; (e) Verification of trading plan performance including the quantity of credits acquired from each trading project, and the total quantity of credits generated under the trading plan to date; (f) A demonstration of compliance with OAR 340-039-0040(4), if applicable; and (g) Adaptive management measures implemented under the trading plan, if applicable. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0020 Trading Frameworks (1) DEQ may establish one or more trading frameworks in a TMDL water quality management plan or water pollution control plan adopted by rule or issued by order under ORS 468B.015 or ORS 468B.110. If established, a trading framework must specify pollutants that are eligible for trading, the trading area, any priority areas, as well as regulations and applicable TMDL allocations and implementation schedules that will be used to derive trading baseline. (2) DEQ must provide an opportunity for public notice and comment before issuing a trading framework. (3) A trading framework is not required in order for DEQ to approve a water quality trading plan. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0030 Requirements for Trading Baselines (1) Trading baseline must account for the following regulatory requirements applicable to the trading project at the time of trading project initiation: (a) NPDES permit requirements; (b) Rules the Oregon Department of Agriculture issued for an agricultural water quality management area under OAR chapter 603 division 095; (c) Rules the Oregon Board of Forestry issues under OAR chapter 629 divisions 610-680; (d) Requirements of a federal land management plan, or an agreement between a federal agency and the state; (e) Requirements established in a Clean Water Act Section 401 water quality certification; (f) Local ordinances; (g) Tribal laws, rules, or permits; (h) Other applicable rules affecting nonpoint source requirements; (i) Projects completed as part of compensatory mitigation, or projects required under a permit or approval issued under Clean Water Act section 404, or a supplemental environmental project used to settle a civil penalty imposed under OAR chapter 340 division 012 or the Clean Water Act; and (j) Regulatory requirements a designated management agency establishes to comply with a DEQ-issued TMDL, water quality management plan or another water pollution control plan adopted by rule or issued by order under ORS 468B.015 or 468B.110. (2) BMPs required to meet baseline requirements and BMPs used to generate additional water quality benefits and trade credits may be installed simultaneously. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0035 Requirements for Trading Areas (1) DEQ may establish trading areas in trading frameworks. (2) All trading areas must be consistent with any applicable TMDL water quality management plan, independent state water quality management plans, or trading framework. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0040 Requirements for Credits (1) Credits used for compliance with NPDES permit and 401 water quality certification requirements must be generated within the trading area of an approved trading plan. (2) A credit may not be used to meet a regulatory obligation by more than one entity at any given time. (3) Credits may be generated only from BMPs that result in water quality benefits above trading baseline requirements. (4) Credits generated under an approved trading plan may not include water quality benefits obtained with public conservation funds. Where public sources of funding are used for credit-generating activities, it is the entity’s responsibility to demonstrate compliance with this requirement in its annual report. (5) Credits may be used for compliance with NPDES permit requirements and 401 water quality certifications once implementation of BMPs has been verified as consistent with applicable BMP quality standards according to OAR 340-039-0025(5)(h). (6) Credits may be generated from BMPs installed before DEQ approves a trading plan if BMPs are verified as having been implemented consistent with BMP quality standards identified in a subsequently approved trading plan and are functioning effectively. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-039-0043 Requirements for Trading Ratios (1) Water quality trades must include one or more trading ratios that apply to credits. Ratio components and underlying assumptions must be clearly documented in the trading plan. (2) Trading ratios may be used to account for variables associated with a trading project including the following: (a) Attenuation of a water quality benefit between the location where credit-generating BMPs occur and the point of use; (b) Pollutant equivalency; (c) Uncertainty of BMP performance or water quality benefit measurement or estimate; (d) Types of risk not associated with BMP performance; (e) Time lag after BMP installation before a BMP produces full water quality benefit; (f) Credit for trading projects located in priority areas; or (g) Credit retirement to ensure a net reduction in water pollution. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.555 Statutes/Other Implemented: ORS 468B.555 History: DEQ 15-2015, f. & cert. ef. 12-10-15
340-040-0001 Preface The Rules within this division establish the mandatory minimum groundwater quality protection requirements for federal and state agencies, cities, counties, industries, and citizens. Other federal, state, and local programs may contain additional or more stringent ground-water quality protection requirements. Unless specifically exempted by statute, groundwater quality protection requirements must meet or be equivalent to these rules. Removal and remedial actions subject to Oregon Revised Statutes (ORS) 466.540 to 466.590, 466.705 to 466.835 and 466.895 shall not be subject to the requirements of these rules. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468B.150 - 468B.190 History: DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029 DEQ 13-1984, f. & ef. 7-13-84 DEQ 24-1981, f. & ef. 9-8-81
340-040-0060 Non-Permitted Activities Non-permitted activities shall include, but not be limited to, spills, releases and past practices from activities that are not subject to a permit and activities that are subject to a permit but were not permitted at the time of the release. (1) Except as provided otherwise under statutory or administrative authorities, when a non-permitted activity could result in or has resulted in the pollution of groundwater the Department may require the liable person to: (a) Conduct a remedial investigation and feasibility study pursuant to OAR 340-040-0040; (b) Implement remedial action pursuant to OAR 340-040-0050. (2) In conducting the remedial investigation and feasibility study, and selecting the remedial action under the requirements contained in OAR 340-040-0040 and 340-040-0050, the concentration limits will be established at background water quality levels. (3) Clean-up levels for non-permitted activities will be established by the procedures contained in OAR 340-040-0040 and 340-040-0050 which include evaluations of practicability as contained in OAR 340-040-0050(1)(b). Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468.035 & 468B.155 History: DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029 DEQ 13-1984, f. & ef. 7-13-84 DEQ 24-1981, f. & ef. 9-8-81
340-040-0070 On-Site Sewage Disposal: Area Wide Management (1) In areas where groundwater is being degraded as a result of on-site sewage disposal practices and an area wide solution is necessary, the Department may propose a rule for adoption by the EQC and incorporation into the appropriate basin section of the State Water Quality Management Plan (OAR 340 division 41) which will: (a) Recite the findings describing the problem and the aquifer impacted; (b) Define the area where corrective action is required; (c) Describe the problem correction and preventative measures to be ordered; (d) Establish the schedule for required major increments of progress; (e) Identify conditions under which new, modified, or repaired, on-site sewage disposal systems may be installed in the interim while the area correction program is being implemented and is on schedule; (f) Identify the conditions under which enforcement measures will be pursued if adequate progress to implement the corrective actions is not made. These measures may include but are not limited to measures authorized in ORS 454.235(2). 454.685, 454.645, and 454.317; (g) Identify all known affected local governing bodies which the Department will notify by certified mail of the final rule adoption; and (h) Accomplish any other objectives declared to be necessary by the EQC. (2) The Department shall notify all known impacted or potentially affected local units of government of the opportunity to comment on the proposed rule at a scheduled public hearing and of their right to request a contested case hearing pursuant to ORS Chapter 183 prior to the EQC’s final order adopting the rule. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.020 & 468B.155 History: DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029 DEQ 13-1984, f. & ef. 7-13-84 DEQ 24-1981, f. & ef. 9-8-81
340-040-0080 Numerical Groundwater Quality Reference Levels and Guidance Levels (1) The numerical groundwater quality reference levels and guidance levels contained in Tables 1 through 3 of this Division are to be considered by the Department and the public in weighing the significance of a particular chemical concentration, and in determining the level of remedial action necessary to restore contaminated groundwater for human consumption. They are not to be construed as acceptable groundwater quality management goals. They are to be used by the Director and the EQC in establishing permit-specific and remedial action concentration limits according to the requirements of OAR 340-040-0030 through 340-040-0060. [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (2) The Department shall periodically review information as it becomes available for establishing new numerical groundwater quality reference levels and guidance levels, and to ensure consistency with other statutorily mandated standards. (3) Human consumption is recognized as the highest and best use of groundwater, and the use which usually requires the highest level of water quality. The numerical groundwater quality reference levels listed in Tables 1 and 2 of this Division reflect the suitability of groundwater for human consumption. [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (4) The numerical groundwater quality guidance levels listed in Table 3 of this Division are for contaminants which do not adversely impact human health at the given concentrations. At considerably higher concentrations, human health implications may exist. These guidance levels are for contaminants that primarily affect the aesthetic qualities relating to the public acceptance of drinking water. The aesthetic degradation of groundwater may impair its beneficial use. [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (5) For pollutant parameters for which numerical groundwater quality reference levels or guidance levels have not been established and listed in Tables 1 through 3, or for evaluating adverse impacts on beneficial uses other than human consumption, the Department shall make use of the most current and scientifically valid information available in determining at what levels pollutants may affect present or potential beneficial uses. Such information shall include, but not be limited to, values set forth in OAR 340-041-0033. [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468.020, 468.035, 468B.155 & 468B.165 History: DEQ 30-2017, minor correction filed 11/28/2017, effective 11/28/2017 DEQ 16-2013, f. & cert. ef. 12-23-13 DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029 DEQ 13-1984, f. & ef. 7-13-84 DEQ 24-1981, f. & ef. 9-8-81