reglab/housing_qa huggingface dataset:
OR Rev Stat § 468B.030 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.030 - Effluent limitations; rules.

In relation to the waters of the state, the Environmental Quality Commission by rule may establish effluent limitations, as defined in Section 502 of the Federal Water Pollution Control Act, as amended by Public Law 92-500, October 18, 1972, and other minimum requirements for disposal of wastes, minimum requirements for operation and maintenance of disposal systems, and all other matters pertaining to standards of quality for the waters of the state. The commission may perform or cause to be performed any and all acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act of October 18, 1972, and Acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto. [Formerly 449.081 and then 468.725]
OR Rev Stat § 468B.035 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.035 - Implementation of Federal Water Pollution Control Act; rules.

(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and federal regulations or guidelines issued pursuant to the Act. The commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of this subsection. (2) The State Department of Agriculture may perform or cause to be performed any acts necessary to be performed by the state to implement the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and any federal regulations or guidelines issued pursuant to the Act, relating to the control and prevention of water pollution from livestock and other animal-based agricultural operations. The department may adopt rules pursuant to ORS chapter 183 for the administration and implementation of this subsection. [Formerly 468.730; 2001 c.248 §3]
OR Rev Stat § 468B.037 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.037 - Federal Water Pollution Control Act; variances; minimization of negative economic impacts.

To the extent allowable by federal law, the Department of Environmental Quality, through its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act and granting of variances, shall strive to protect human health and ecosystem health by controlling pollutants that are discharged into the waters of the state, as defined in ORS 468B.005, while also minimizing negative economic impacts on this state’s economy incurred through meeting conditions included in the variances. [2011 c.405 §1] Note: 468B.037 and 468B.038 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 468B.038 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.038 - Federal Water Pollution Control Act; consultation with applicant for variance.

When the Department of Environmental Quality grants a variance as part of its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act, the department shall consult with the applicant and, to the extent allowable by federal law, seek to: (1) Minimize negative economic impacts that will be incurred by the applicant as a result of the variance; and (2) Ensure that if conditions are included in the variance, the conditions are directly related to the purpose of the variance and that any negative economic impacts incurred by the applicant will be minimized. [2011 c.405 §2] Note: See note under 468B.037.
OR Rev Stat § 468B.039 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.039 - Procedures for developing methodologies for assessment of water quality.

(1) The Department of Environmental Quality shall follow the procedures set forth in subsection (2) of this section: (a) When developing or selecting among methodologies for the assessment of waters of the state pursuant to sections 303(d) and 305(b) of the Federal Water Pollution Control Act (P.L. 92-500), as amended, including, but not limited to, methodologies for applying the numeric and narrative standards of quality and purity for waters of the state adopted by the Environmental Quality Commission by rule under ORS 468B.030, 468B.035 and 468B.048, and any numeric interpretation of narrative standards; and (b) Prior to publishing draft assessments of water bodies based on the methodologies developed or selected under paragraph (a) of this subsection. (2) When carrying out the duties set forth in subsection (1) of this section, the department shall: (a) Solicit independent scientific and technical input, including scientific peer review as appropriate; (b) Provide adequate public notice and an opportunity for public comment on draft assessment methodologies; and (c) Provide an informational overview of the draft assessment methodologies before the commission. The informational overview shall include: (A) A discussion of the scope of the assessment effort; and (B) A summary of key issues raised through scientific and technical review and public comments and a discussion of how the department proposes to address the key issues raised. (3) The commission shall provide an opportunity for public comment on the draft assessment methodologies during the commission meeting described in subsection (2)(c) of this section. (4) Nothing in this section may be interpreted to affect the obligations of the department or the commission under ORS chapter 183 or ORS 468.020. [2015 c.587 §2]
OR Rev Stat § 468B.046 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.046 - Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes.

(1) Except as provided in ORS 543A.110, nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A shall be construed to limit or affect any authority of the Director of the Department of Environmental Quality under existing law to establish conditions for any certification granted under ORS 468B.040, 468B.045 and 33 U.S.C. 1341, including but not limited to conditions for monitoring, review and enforcement of compliance with the certification and water quality standards during construction, operation and decommissioning of a project. (2) Nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A, including but not limited to review of applications by the Hydroelectric Application Review Team, shall affect the authority of the Director of the Department of Environmental Quality to act on a request for water quality certification as necessary to avoid certification being deemed waived under the one-year period prescribed by 33 U.S.C. 1341(a)(1). [1997 c.449 §40d]
OR Rev Stat § 468B.047 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.047 - Fees for state certification under Federal Water Pollution Control Act; rules; review of department determination; disposition of fees.

(1) The Environmental Quality Commission shall establish, by rule, a schedule of fees required for state certification under 33 U.S.C. 1341 of the Federal Water Pollution Control Act, as amended. (2) The fees authorized by this section must be based on the nature of the underlying federal license or permit, the size of the project, the estimated or actual costs incurred by the Department of Environmental Quality and any other relevant factors. (3) The commission shall establish, by rule, procedures for an applicant for certification to seek review of the department’s determination of the appropriate fee. The procedures must include the ability of the applicant to request review by the Director of the Department of Environmental Quality and the applicant’s right to a contested case hearing under ORS chapter 183. (4) The provisions of this section do not apply to fees authorized under ORS 468.065 (3). (5) Any fees received under this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality and are continuously appropriated to meet the administrative expenses of the state certification program under this section. [Formerly 468.068; 2009 c.761 §1]
OR Rev Stat § 468B.048 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.048 - Rules for standards of quality and purity; factors to be considered; meeting standards.

(1) The Environmental Quality Commission by rule may establish standards of quality and purity for the waters of the state in accordance with the public policy set forth in ORS 468B.015. In establishing such standards, the commission shall consider the following factors: (a) The extent, if any, to which floating solids may be permitted in the water; (b) The extent, if any, to which suspended solids, settleable solids, colloids or a combination of solids with other substances suspended in water may be permitted; (c) The extent, if any, to which organisms of the coliform group, and other bacteriological organisms or virus may be permitted in the waters; (d) The extent of the oxygen demand which may be permitted in the receiving waters; (e) The minimum dissolved oxygen content of the waters that shall be maintained; (f) The limits of other physical, chemical, biological or radiological properties that may be necessary for preserving the quality and purity of the waters of the state; (g) The extent to which any substance must be excluded from the waters for the protection and preservation of public health; and (h) The value of stability and the public’s right to rely upon standards as adopted for a reasonable period of time to permit institutions, municipalities, commerce, industries and others to plan, schedule, finance and operate improvements in an orderly and practical manner. (2) Standards established under this section shall be consistent with policies and programs for the use and control of water resources of the state adopted by the Water Resources Commission under ORS 536.220 to 536.540. (3) Subject to the approval of the Department of Environmental Quality, any person responsible for complying with the standards of water quality or purity established under this section shall determine the means, methods, processes, equipment and operation to meet the standards. [Formerly 449.086 and then 468.735]
OR Rev Stat § 468B.050 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.050 - Water quality permit; issuance by rule or order; rules.

(1) Except as provided in ORS 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which permit shall specify applicable effluent limitations, a person may not: (a) Discharge any wastes into the waters of the state from any industrial or commercial establishment or activity or any disposal system. (b) Construct, install, modify or operate any disposal system or part thereof or any extension or addition thereto. (c) Increase in volume or strength any wastes in excess of the permissive discharges specified under an existing permit. (d) Construct, install, operate or conduct any industrial, commercial, confined animal feeding operation or other establishment or activity or any extension or modification thereof or addition thereto, the operation or conduct of which would cause an increase in the discharge of wastes into the waters of the state or which would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized. (e) Construct or use any new outlet for the discharge of any wastes into the waters of the state. (2) The Department of Environmental Quality or the State Department of Agriculture may issue a permit under this section as an individual, general or watershed permit. A permit may be issued to a class of persons using the procedures for issuance of an order or for the adoption of a rule. Notwithstanding the definition of "order" or "rule" provided in ORS 183.310, in issuing a general or watershed permit by order pursuant to this section, the State Department of Agriculture or Department of Environmental Quality: (a) Is not required to direct the order to a named person or named persons; and (b) May include in the order agency directives, standards, regulations and statements of general applicability that implement, interpret or prescribe law or policy. (3) The State Department of Agriculture or the Department of Environmental Quality may define "confined animal feeding operation" by rule for purposes of implementing this section. [Formerly 449.083 and then 468.740; 1997 c.286 §6; 2001 c.248 §4; 2005 c.523 §4]
OR Rev Stat § 468B.051 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.051 - Fees for water quality permit.

Not more than once each calendar year, the Environmental Quality Commission may increase the fees established under ORS 468.065 for permits issued under ORS 468B.050. The amount of the annual increase may not exceed the anticipated increase in the cost of administering the permit program or three percent, whichever is lower, unless a larger increase is provided for in the Department of Environmental Quality’s legislatively approved budget. [2005 c.523 §2; 2015 c.640 §1] Note: 468B.051 was added to and made a part of ORS chapter 468B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 468B.053 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.053 - Alternatives to obtaining water quality permit; rules.

In lieu of a permit required under ORS 468B.025 or 468B.050, the Environmental Quality Commission by rule may: (1) Exempt de minimis discharges from permit requirements. (2) Exempt from permit requirements subsurface injection of fluids that are authorized under the underground injection control program of the Department of Environmental Quality pursuant to ORS 468B.195. (3) Establish performance-based criteria for exempt operations and discharges. (4) Require an operator or person discharging waste exempt under subsection (1) of this section to: (a) Comply with the criteria established under subsection (3) of this section; and (b) Monitor performance and certify and report the results to the Department of Environmental Quality. [1997 c.286 §2; 2007 c.297 §5] Note: 468B.053 was added to and made a part of ORS chapter 468B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 468B.055 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.055 - Plans and specifications for disposal, treatment and sewerage systems.

(1) The Department of Environmental Quality may require that plans and specifications for the construction, installation or modification of disposal systems, treatment works and sewerage systems be submitted to the department for its approval or rejection. (2) If the department requires that plans and specifications be submitted under subsection (1) of this section, construction, installation or modification may not be commenced until the plans and specifications submitted to the department are approved. If the disposal or discharge is for a mining operation, as defined in ORS 517.952, departmental review and approval shall be included as part of the consolidated application process under ORS 517.952 to 517.989. Any construction, installation or modification must be in accordance with the plans and specifications approved by the department. [Formerly 468.742; 2005 c.523 §7; 2013 c.371 §28]
OR Rev Stat § 468B.060 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.060 - Liability for damage to fish or wildlife or habitat; agency to which damages payable.

(1) Where the injury, death, contamination or destruction of fish or other wildlife or injury or destruction of fish or wildlife habitat results from pollution or from any violation of the conditions set forth in any permit or of the orders or rules of the Environmental Quality Commission, the person responsible for the injury, death, contamination or destruction shall be strictly liable to the state for the value of the fish or wildlife so injured or destroyed and for all costs of restoring fish and wildlife production in the affected areas, including habitat restoration. (2) In addition to the penalties provided for by law, the state may seek recovery of such damages in any court of competent jurisdiction in this state if the person responsible under subsection (1) of this section fails or refuses to pay for the value of the fish or wildlife so destroyed and for all costs of restoring fish and wildlife production in the affected areas, including habitat restoration, within a period of 60 days from the date of mailing by registered or certified mail of written demand therefor. (3) Any action or suit for the recovery of damages described in subsection (1) of this section shall be brought in the name of the State of Oregon upon relation of the Department of Environmental Quality or State Department of Fish and Wildlife or the Attorney General. Amounts recovered under this section shall be paid to the state agency having jurisdiction over the fish or wildlife or fish or wildlife production for which damages were recovered. [Formerly 449.103 and then 468.745]
OR Rev Stat § 468B.062 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.062 - Use attainability analysis of certain waters of state.

Consistent with the Federal Water Pollution Control Act, P.L. 92-500, as amended, the Department of Environmental Quality may determine whether selected segments of the waters of the state are capable of attaining designated uses. In conducting its use attainability analysis, the department shall include appropriate documentation and defensible data for determining whether subcategories or seasonal uses should be designated. The Director of the Department of Environmental Quality shall appoint an advisory group to nominate those waters of the state for which use attainability analysis is most warranted. [1997 c.770 §2]
OR Rev Stat § 468B.064 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.064 - Follow-up assessments of waters of state that exceed numeric temperature criteria.

(1) The Department of Environmental Quality may perform follow-up assessments of waters of the state that are included in the 1994-1996 list pursuant to section 303 (d) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, for exceeding numeric temperature water quality criteria. The department shall give priority in performing follow-up assessments to those waters of the state listed primarily on the basis of temperature data from 1991 to 1994 and for which follow-up data are now available. The department may use follow-up data collected by a watershed council, university, soil and water conservation district or any other individual or group using data collection protocols approved by the department. (2) Subject to available resources, the department shall act promptly to update the list developed pursuant to section 303 (d) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, when appropriate based on the follow-up assessments under subsection (1) of this section. [1997 c.770 §3]
OR Rev Stat § 468B.065 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.065

[Formerly 468.750; renumbered 468B.083 in 1997]
OR Rev Stat § 468B.070 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.070 - Prohibited activities for certain municipalities.

(1) No municipality shall: (a) Dump polluting substances into any public or private body of water that empties directly or indirectly into any navigable body of water in or adjacent to a municipality, except by permit issued by the Department of Environmental Quality. (b) Dump polluting substances into any open dump or sanitary landfill where by drainage or seepage any navigable body of water in or adjacent to a municipality may be affected adversely unless: (A) The municipality is operating a sanitary landfill in accordance with the terms and conditions of a valid permit; (B) The Environmental Quality Commission finds the municipality is improving for other purposes each section of the landfill as it is completed; and (C) The commission finds the municipality is continuously developing and implementing, where feasible, improvements in its solid waste disposal program that incorporate new and alternative methods, including recycling, reuse and resource recovery. (2) As used in this section: (a) "Municipality" means any city having a population of 250,000 or more or any home-rule county having a population of 350,000 or more. (b) "Polluting substances" means dead animal carcasses, excrement, and putrid, nauseous, noisome, decaying, deleterious or offensive substances including refuse of any kind or description. (3) Any municipality found by the commission to have performed any of the actions prohibited by subsection (1) of this section shall be ineligible for any grants or loans to which it would otherwise be eligible from the Pollution Control Fund pursuant to ORS 468.195 to 468.245 unless: (a) The municipality is operating a sanitary landfill in accordance with the terms and conditions of a valid permit; (b) The commission finds the municipality is improving for other purposes each section of the landfill as it is completed; and (c) The commission finds the municipality is continuously developing and implementing, where feasible, improvements in its solid waste disposal program that incorporate new and alternative methods, including recycling, reuse and resource recovery. [Formerly 449.113 and then 468.755]
OR Rev Stat § 468B.075 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.075 - Definitions for ORS 468B.080.

As used in ORS 468B.080: (1) "Buildings or structures" includes but is not limited to floating buildings and structures, houseboats, moorages, marinas, or any boat used as such. (2) "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food. (3) "Sewage" means human excreta as well as kitchen, bath and laundry wastes. [Formerly 449.140 and then 468.765; 2005 c.22 §341]