justicedao/ipfs_state_laws huggingface dataset:
340-041-0336 Basin-Specific Criteria (Walla Walla): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the range of 6.5 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 340-041-0330: 200.0 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 suspended solids or equivalent control; (b) During the period of high stream flows (approximately November 1 to March 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
340-041-0340 Basin-Specific Criteria (Willamette): Beneficial Uses to Be Protected in the Willamette 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 Willamette Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 340A (August 2005). (2) Designated fish uses to be protected in the Willamette Basin are shown in Figures 340A, 340B, 340C and 340D (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 340-041-0340: Figure 340D. (b) In addition to the salmonid spawning areas shown on Figure 340D, 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 5-2020, minor correction filed 02/03/2020, effective 02/03/2020 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
340-041-0344 Basin-Specific Criteria (Willamette): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Columbia Slough — Bacteria, Dissolved Oxygen, Chlorophyll a, pH, lead, PCBs, Dieldrin, Dioxin, DDE/DDT, and Phosphorus — November 25, 1998 Pudding — Ammonia and BOD — October 18, 1993 Rickreall Creek — BOD — April 18, 1994 Tualatin — Temperature, Bacteria, Dissolved Oxygen, Settleable Volatile Solids, Ammonia, Chlorophyll a, pH and Phosphorus — August 7, 2001 Yamhill — Phosphorus — December 8, 1992 Willamette — Dioxin — February 25, 1991 Willamette Coast Fork — Ammonia and Phosphorus — May 17, 1996 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
340-041-8033 Division 41 Tables and Figures (1) Table 30: Aquatic Life Water Quality Criteria for Toxic Pollutants. This table, referenced in OAR 340-041-0033, contains information about the applicability and content of the criteria contained in the table. (2) Table 40: Human Health Water Quality Criteria for Toxic Pollutants. This table, referenced in OAR 340-041-0033, contains information about the applicability and content of the criteria contained in the table. [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 16-2024, amend filed 10/03/2024, effective 10/03/2024 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 13-2017, minor correction filed 10/30/2017, effective 10/30/2017 DEQ 11-2016, f. & cert. ef. 11-2-16 DEQ 1-2015, f. & cert. ef. 1-7-15
340-042-0025 Policy, Purpose and Effect (1) The public policy of the State of Oregon is to protect, maintain and improve the quality of waters of the state for beneficial uses and to provide for prevention, abatement and control of water pollution. To achieve and maintain water quality standards, the EQC may impose limitations and controls including Total Maximum Daily Loads (TMDLs), wasteload allocations for point sources and load allocations for nonpoint sources. (2) The policy of the EQC is to establish, or have DEQ establish TMDLs, including wasteload and load allocations, and have responsible sources meet these allocations through compliance with discharge permits or other strategies developed in sector or source-specific implementation plans. These measures must achieve and maintain water quality standards and restore waters of the state that are water quality limited. (3) These rules establish procedures for developing, issuing and implementing TMDLs as required by the Federal Water Pollution Control Act Section 303(d) (33 USC Section 1313(d)) and authorized by Oregon statutes to ensure that state water quality standards are met and beneficial uses protected. (4) DEQ will review any changes to Federal Water Pollution Control Act Section 303(d) or implementing regulations in 40 CFR Part 130 promulgated after the effective date of these rules. DEQ may subsequently recommend that the EQC amend, repeal or adopt new rules. Rules adopted by the EQC remain in effect until the EQC takes action on the recommendations. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.110 Statutes/Other Implemented: ORS 468B.020 & 468B.110 History: DEQ 3-2022, amend filed 02/03/2022, effective 02/03/2022 DEQ 18-2002, f. & cert. ef. 12-20-02
340-042-0050 Public Participation (1) If establishing a TMDL as an agency order, DEQ will establish a local advisory group or identify an existing group or forum to assist in developing a TMDL. When the EQC establishes a TMDL through rulemaking DEQ will appoint a rule advisory committee and the rulemaking process will provide other opportunities for public participation. (2) DEQ will provide an opportunity for persons to review and comment on a draft TMDL and on proposals to revise loading capacity or allocations in a TMDL as follows: (a) DEQ will maintain a mailing list for each TMDL. (b) DEQ will provide notice and an opportunity for public comment on a proposed TMDL or revision to loading capacity or allocations in a TMDL. The public comment period will generally be 60 days. (c) DEQ will respond to public comments received during the public comment period and will prepare a written summary of responses. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.110 Statutes/Other Implemented: ORS 468B.020 & 468B.110 History: DEQ 3-2022, amend filed 02/03/2022, effective 02/03/2022 DEQ 18-2002, f. & cert. ef. 12-20-02
340-042-0060 Issuing a Total Maximum Daily Load (1) The Director will issue a TMDL as an order or the EQC by rule. If the Environmental Protection Agency establishes a TMDL addressing waterbodies in Oregon, the Director may issue as an order or the EQC by rule a WQMP to implement that TMDL. (2) The order will be effective and final on the date signed by the Director or in the case of rule when the proposed TMDL is adopted by the EQC and filed with the Secretary of State. (3) Following issuance, DEQ will submit the TMDL to the Environmental Protection Agency. (4) Within 20 business days after the Director signs the order or the EQC adopts the rule, DEQ will notify all affected NPDES permittees, nonpoint source DMAs identified in the TMDL and persons who provided formal public comment on the draft TMDL that the order or rule has been issued and the summary of responses to comments is available. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.110 Statutes/Other Implemented: ORS 468B.020 & 468B.110 History: DEQ 3-2022, amend filed 02/03/2022, effective 02/03/2022 DEQ 18-2002, f. & cert. ef. 12-20-02
340-042-0070 Requesting Reconsideration or Appealing a Total Maximum Daily Load (1) Any person who participated in establishing a TMDL by order, including those who submitted comments, and any other person entitled to seek judicial review of an order issuing a TMDL may request reconsideration by the Director in accordance with OAR 137-004-0080. (2) A person may file a petition for judicial review of a final TMDL order as allowed by ORS 183.484. (3) A person may file a petition for judicial review of a TMDL adopted by rule as allowed by ORS 183.400. Statutory/Other Authority: ORS 468.020, 468B.020, 468B.030, 468B.035 & 468B.110 Statutes/Other Implemented: ORS 468B.020 & 468B.110 History: DEQ 3-2022, amend filed 02/03/2022, effective 02/03/2022 DEQ 18-2002, f. & cert. ef. 12-20-02
340-042-0090 Total Maximum Daily Loads and Water Quality Management Plans The following TMDLs are adopted by EQC by reference in this rule on the dates indicated. The TMDL documents and supporting information for TMDLs adopted as rule or issued by order are available on DEQ’s website. (1) Upper Yaquina River Watershed, USGS watershed of the Northern Oregon Coastal Basin (HUC 1710020401): (a) TMDL: bacteria and dissolved oxygen, September 14, 2023 (b) WQMP: bacteria and dissolved oxygen, September 14, 2023 (2) Powder River Basin, USGS Subbasin of the Middle Snake-Powder Basin (HUC 170502), including the Powder River Subbasin (HUC 17050203), Burnt River Subbasin (HUC 17050202) and Brownlee Subbasin (HUC 17050201): (a) TMDL: bacteria for E. coli , May 23, 2024 (b) WQMP: bacteria for E. coli , May 23, 2024 (3) Willamette Subbasins – Ten subbasins within the Willamette Basin (HUC 170900), including the Middle Fork Willamette Subbasin (HUC 17090001), Coast Fork Willamette Subbasin (HUC 17090002), Upper Willamette Subbasin (HUC 17090003), McKenzie Subbasin (HUC 17090004), North Santiam Subbasin (HUC 17090005), South Santiam Subbasin (HUC 17090006), Middle Willamette Subbasin (HUC 17090007), Molalla-Pudding Subbasin (HUC 17090009), Clackamas Subbasin (HUC 17090011), and Lower Willamette Subbasin (HUC 17090012). (a) TMDL: temperature, May 8, 2025 (b) WQMP: temperature, May 8, 2025 (4) Lower Columbia-Sandy Subbasin (HUC 17080001), within the USGS Lower Columbia Basin (HUC 170800) (a) TMDL: temperature, August 6, 2024 (b) WQMP: temperature, August 6, 2024 Statutory/Other Authority: ORS 468.020, 468.065, 468B.030 & 468B.035 Statutes/Other Implemented: ORS 468B.020 & 468B.110 History: DEQ 12-2025, amend filed 05/09/2025, effective 05/09/2025 DEQ 11-2025, amend filed 05/08/2025, effective 05/08/2025 DEQ 13-2024, amend filed 08/06/2024, effective 08/06/2024 DEQ 9-2024, amend filed 05/28/2024, effective 05/28/2024 DEQ 14-2023, adopt filed 09/15/2023, effective 09/15/2023
340-043-0000 Purpose and Policies (1) The purpose of these rules and guidelines is to prevent water pollution and protect the quality of the environment and public health in Oregon, consistent with the policies of ORS 468B.015 and 468B.020, by requiring application of all available and reasonable method for control of wastes and chemicals relative to design, construction, operation, and closure of mining operations which use cyanide or other toxic chemicals to extract metals or metal-bearing minerals from the ore and which produce wastes or wastewaters containing toxic materials. (2) The following policies are established to provide further guidance regarding the level of environmental protection these rules are intended to achieve: (a) Liner, leak detection and leak collection systems (systems) are necessary for heap leach pads, solution ponds, and tailings facilities to assure that any leak will be detected before toxic materials escape from the liner system and are released to the environment. For purposes of these rules, the environment is considered to begin at the bottom of the last liner. These systems shall assure that a leak is found, and that sufficient time is available to allow for the repair of the leak and cleanup of any leaked material before there is a release to the environment. Natural conditions, such as depth to groundwater or net rainfall, shall be considered as additional protection but not in lieu of the protection required by the engineered liner system; (b) The toxicity of mill tailings and the potential for long-term cyanide and toxic metals release from mill tailings shall be reduced to the greatest degree practicable through removal, reuse, or destruction of chemical solutions prior to placement of tailings in the tailings disposal facility; (c) The closure of heap leach pads and tailings disposal facilities shall prevent future release to the environment of residual potentially toxic chemicals contained in the facility. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468B.015, 468B.020, 468B.048 & 468B.155 History: DEQ 39-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0010 Definitions Unless the context requires otherwise, as used in this Division: (1) “Chemical Process Mine” means a mining and processing operation for metal-bearing ores that uses chemicals to dissolve metals from ores. (2) “Department” means the Department of Environmental Quality. (3) “Guidelines” means this body of rules contained in OAR 340-043-0080 through 340-043-0180. (4) “Positive Exclusion of Wildlife” means the use of such devices as tanks, pipes, fences, netting, covers and heap-leach drip-irrigation emitters or covered emitters. (5) “Tailings” means the spent ore resulting from the milling and chemical extraction process. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.030 & 517.952 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0020 Permit Required (1) As required by ORS 468B.050, a person proposing to construct a new chemical mining operation, commencing to operate an existing non-permitted operation, or proposing to substantially modify or expand an existing operation shall first apply for, and receive, a permit from the Department. The permit may be an NPDES (National Pollutant Discharge Elimination System) permit if there is a point-source discharge to surface waters or a WPCF (Water Pollution Control Facility) permit if there is no discharge. Consideration may be given to site-specific conditions such as climate, proximity to water, and type of wastes to establish the final permit type and requirements for the facility. (2) The permit application shall comply with the requirements of OAR 340, divisions 14 and 45 and be accompanied by a report that fully addresses the requirements of this Division. (3) Prior to issuance of a permit for a chemical process mining activity under this Division, a determination of compliance with statewide planning goals and compatibility with local land use plans must be made. The Department shall determine compliance with Statewide Planning Goals and compatibility with acknowledged comprehensive plans and land use regulations in a manner consistent with its approved State Agency Coordination Program and the rules in OAR 340, division 18. In making these determinations, the Department shall consider and may rely on the findings and recommendations made by the project coordinating committee authorized by ORS 517.965 and by the Department of Geology and Mineral Industries pursuant to their State Agency Coordination Program and OAR 632, divisions 1 and 37. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 197.180, 468.065, 468B.050 & 517.965 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0030 Permit Application (1) The permit application shall fully describe the existing site and environmental conditions, with an analysis of how the proposed operation will affect the site and its environment. The application shall, at a minimum, contain the information specified for the DOGAMI (Department of Geology and Mineral Industries) consolidated application under ORS 517.971 (Section 13, Chapter 735, 1991 Oregon Laws). The Department will also use the information contained in NEPA (National Environmental Policy Act), EA (Environmental Assessment), or EIS (Environmental Impact Statement) documents, if they are required for the project, as partial fulfillment of the requirements of this section. (2) The permit application shall, in addition to the information described in section (1) of this rule, include the following information, unless the information has been otherwise submitted: (a) Climate/meteorology characterization, with supporting data; (b) Soils characterization, with supporting data; (c) Surface water hydrology study, with supporting data; (d) Characterization of surface water and groundwater quality; (e) Inventory of surface water and groundwater beneficial uses; (f) Hydrogeologic characterization of groundwater, with supporting data; (g) Geologic engineering, hazards and geo-technical study, with supporting data; (h) Characterization of mine materials and wastes which include, for example, overburden, waste rock, stockpiled ore, leached ore and tailings. Characterization of mine materials and wastes shall include, but not be limited to the following: (A) Chemical and mineral analysis related to toxicity; (B) Determination of the potential for acid water formation; (C) Determination of the potential for long-term leaching of toxic materials from the wastes: (i) Characterization of wastewater (quantity and chemical and physical quality) produced by the operation; (j) Assessment of the potential for acid-water formation from waste disposal facilities, low-grade ore stockpiles, waste rock piles and for surface water or groundwater accumulation in open pits that will remain after mining is ended. (3) Data submitted by the permit applicant should be based on analysis of the actual materials, when possible, or may be based on estimates from knowledge of similar operations and professional judgment. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 517.790, 517.915 & 517.920 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0040 Plan and Specifications (1) A person constructing or commencing to operate a chemical process mine or substantially modifying or expanding an existing chemical process mine shall first submit plans and specifications to the Department for construction, operation and maintenance of the facilities intended for treatment, control and disposal of wastes. (2) The plans shall address all applicable requirements of this Division and shall include, but not be limited to, the following: (a) A description of the facilities to be constructed, including tanks, pipes and other storage and conveyance means for processing chemicals and solutions and wastewaters; (b) A management plan for control of surface water; (c) A management plan for treatment and disposal of excess wastewater, including provisions for reuse and wastewater minimization; (d) A facility construction plan including, as applicable, the design of low-permeability soil barriers, the type of geosynthetics to be used and a description of their installation methods, the design of wastewater treatment facilities and processes, a quality assurance plan for applicable phases of construction and a listing of construction certification reports to be provided to the Department; (e) A preliminary closure plan; (f) A preliminary post-closure monitoring and maintenance plan; (g) A spill containment and control plan. (3) The Department shall approve the plans, in writing, before construction of the facilities may be started. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468B.055 & 517.971 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0050 Design, Construction, Operation and Closure Requirements (1) All chemical process and waste disposal facilities and facilities for mixing, distribution, and application of chemicals associated with on-site mining operations; ore preparation and beneficiation facilities; and processed ore disposal facilities shall be designed, constructed, operated and closed in accordance with the guidelines contained in this Division. (2) Alternative facilities and methods of control of wastes and potential pollutants may be approved by the Department if the permit applicant can demonstrate that the alternate facilities and methods will provide environmental protection that is fully equivalent or better than that achieved by the facilities specified in the guidelines in OAR 340-043-0070 to 340-043-0180. The burden of proof of fully equivalent protection lies with the permit applicant. Written approval of any alternative by the Department shall be evidence of acceptance as equivalent or better level of environmental protection. (3) A groundwater monitoring plan shall be submitted to, and be approved by the Department. Monitoring wells shall be installed for detection of groundwater contamination as required by OAR 340, division 40, unless the Department concludes in writing that the hydrogeology of the site or other technical information indicates that an adverse impact on groundwater quality is not likely to occur. (4) The Department may, in accordance with a written compliance schedule, grant reasonable time for existing facilities to comply with these rules. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468B.190, 517.956 & 517.971 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0060 Exemption from State Permit for Hazardous Waste Treatment or Disposal Facilities (1) The state hazardous waste program requires a permit for the “treatment,” “storage” or “disposal” of any “hazardous waste” as identified or listed in OAR 340, division 101 from the Department, prior to the treatment and disposal of wastes. Permitting requirements can be found in OAR 340, division 105, Hazardous Waste Management. (2) However, any operation permitted under this division, which would otherwise require the neutralization or treatment of hazardous waste and would require a permit pursuant to OAR 340, division 105, shall be exempt from the requirement to obtain such hazardous waste treatment permit. (3) All mined materials disposed of under this Division shall pass Oregon’s hazardous waste rule criteria or they will be considered a state hazardous waste and must be disposed of accordingly. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 466.020 & 468.020 History: DEQ 23-1992, f. & cert. ef. 9-8-92