reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.051 - Fees for water quality permits and programs.

(1) Subject to subsection (2) of this section, the Environmental Quality Commission may increase the fees established under:
(a) ORS 448.410, 454.745, 454.755, 454.792, 468B.047 or 468B.195; or
(b) ORS 468.065 for permits issued under ORS 468B.050.
(2) The commission may not increase a fee described in subsection (1) of this section more than once each calendar year. The amount of the annual increase may not exceed the anticipated increase in the cost of administering the program to which the fee is applicable 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; 2023 c.258 §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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.080 - Prohibitions relating to garbage or sewage dumping into waters of state.

(1) No garbage or sewage shall be discharged into or in any other manner be allowed to enter the waters of the state from any building or structure unless such garbage or sewage has been treated or otherwise disposed of in a manner approved by the Department of Environmental Quality. All plumbing fixtures in buildings or structures, including prior existing plumbing fixtures from which waste water or sewage is or may be discharged, shall be connected to and all waste water or sewage from such fixtures in buildings or structures shall be discharged into a sewerage system, septic tank system or other disposal system approved by the department pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(2) The department may extend the time of compliance for any person, class of persons, municipalities or businesses upon such conditions as it may deem necessary to protect the public health and welfare if it is found that strict compliance would be unreasonable, unduly burdensome or impractical due to special physical conditions or cause or because no other alternative facility or method of handling is yet available. [Formerly 449.150 and then 468.770]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.083 - When motor vehicle parts may be placed in waters of state; rules.

(1) The Environmental Quality Commission shall adopt rules as to the beneficial use of chassis, bodies, shells, and tires of motor vehicles in the waters of the state, including the means and methods of placing them in the waters of the state. In adopting such rules the commission shall consider, among other things:
(a) The possibility of pollution;
(b) The aesthetics of such use;
(c) The utility of such use in reclamation projects;
(d) The degradation of the waters, stream beds or banks; and
(e) The nature of the waters such as tidewater, slough or running stream.
(2) In the manner described in ORS 468.065, the commission may issue a permit to an applicant to place chassis, bodies, shells or tires of motor vehicles in the waters of this state subject to the rules adopted under this section. [Formerly 468B.065]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.085 - Depositing vehicles or manufactured structures into water prohibited.

Subject to ORS 468B.083, a person, including a person in the possession or control of land, may not deposit, discard or place the chassis, body or shell of a motor vehicle as defined by ORS 801.360, a vehicle as defined by ORS 801.590, a manufactured structure as defined in ORS 446.561 or parts and accessories thereof, including tires, into the waters of the state for any purpose, or deposit, discard or place such materials in a location where the materials are likely to escape or be carried into the waters of the state by any means. [Formerly 449.109 and then 468.775; 2003 c.655 §77]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.090 - Permit authorized for discharge of shrimp and crab processing by-products; conditions.

(1) The Department of Environmental Quality may issue a permit to discharge shrimp and crab processing by-products into the waters of an Oregon estuary under ORS 468B.050 or 468B.053 for the purpose of enhancing aquatic life production. The permit shall impose the following conditions:
(a) No toxic substances shall be present in the by-products discharged.
(b) The oxygen content of the estuarine waters shall not be reduced.
(c) The discharge shall not create a public nuisance.
(d) Other beneficial uses of the estuary shall not be adversely affected.
(2) The department shall consult the State Department of Fish and Wildlife and obtain its approval before issuing a permit under this section. [Formerly 468.777; 1997 c.286 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.093 - General permit for discharge of geothermal spring water to surface water.

(1) The Director of the Department of Environmental Quality shall issue a general permit for the discharge of geothermal spring water to surface water. The general permit shall cover any activity with the following characteristics:
(a) The chemical nature of the water is not changed;
(b) The temperature of the water remains unchanged or is reduced; and
(c) The surface water into which the geothermal spring water is discharged is the naturally occurring junction of the geothermal spring water and surface water.
(2) Nothing in subsection (1) of this section shall be construed to preclude the director from issuing a general permit for any other activity involving the discharge of geothermal spring water.
(3) As used in this section, "geothermal spring water" means water that emerges naturally from the earth as a result of gravity flow or artesian pressure and that is capable of being used for heating as a result of the naturally occurring thermal characteristics of the water. [1997 c.547 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.095 - Use of sludge on agricultural, horticultural or silvicultural land; rules.

The Environmental Quality Commission shall adopt by rule requirements for the use of sludge on agricultural, horticultural or silvicultural land including, but not limited to:
(1) Procedure and criteria for selecting sludge application sites, including providing the opportunity for public comment and public hearing;
(2) Requirements for sludge treatment and processing before sludge is applied;
(3) Methods and minimum frequency for analyzing sludge and soil to which sludge is applied;
(4) Records that a sludge applicator must keep;
(5) Restrictions on public access to and cropping of land on which sludge has been applied; and
(6) Any other requirement necessary to protect surface water, ground water, public health and soil productivity from any adverse effects resulting from sludge application. [Formerly 468.778]
Note:
468B.095 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.100 - Definitions for ORS 468B.105 and 468B.110.

As used in ORS 468B.105 and 468B.110, "forestlands" and "operation" have the meaning for those terms provided in ORS 527.620. [1991 c.919 §22a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.105 - Review of water quality standard affecting forest operations.

Upon request of the State Board of Forestry, the Environmental Quality Commission shall review any water quality standard that affects forest operations on forestlands. The commission’s review may be limited to or coordinated with the triennial or any other regularly scheduled review of the state’s water quality standards, consistent with ORS 468B.048 and 468B.110 and applicable federal law. [1991 c.919 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.110 - Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards.

(1) Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS 468B.048, the Environmental Quality Commission or Department of Environmental Quality may, by rule or order, impose and enforce limitations or other controls which may include total maximum daily loads, wasteload allocations for point sources and load allocations for nonpoint sources, as provided in the Federal Water Pollution Control Act (33 U.S.C. 1321) and federal regulations and guidelines issued pursuant thereto.
(2) Unless required to do so by the provisions of the Federal Water Pollution Control Act, neither the Environmental Quality Commission nor the Department of Environmental Quality shall promulgate or enforce any effluent limitation upon nonpoint source discharges of pollutants resulting from forest operations on forestlands in this state. Implementation of any limitations or controls applying to nonpoint source discharges or pollutants resulting from forest operations are subject to ORS 527.765 and 527.770. However, nothing in this section is intended to affect the authority of the commission or the department provided by law to impose and enforce limitations or other controls on water pollution from sources other than forest operations.
(3) When the Environmental Quality Commission establishes instream water quality standards to protect designated beneficial uses in the waters of the state, it shall consider, where applicable, available scientific information including, but not limited to, streamflow, geomorphology and other factors representing the variability and complexity of hydrologic systems and intrinsic water quality conditions.
(4) When the Environmental Quality Commission establishes instream water quality standards, it will also issue guidelines describing how the department and the commission will determine whether water quality standards in waters affected by nonpoint source activities are being met. In developing these guidelines, the commission shall include, where applicable, those physical characteristics such as streamflow, geomorphology, seasons, frequency, duration, magnitude and other factors which represent the variability and complexity of forested and other appropriate hydrologic systems. [1991 c.919 §24; 2003 c.14 §302]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.112 - Definitions.

As used in ORS 468B.112 to 468B.118:
(1) "Essential indigenous anadromous salmonid habitat" has the meaning given that term in ORS 196.810, as further defined and designated by rule by the Department of State Lands pursuant to ORS 196.810.
(2) "Line of ordinary high water" has the meaning given that term in ORS 274.005.
(3) "Motorized in-stream placer mining" means mining using any form of motorized equipment, including but not limited to the use of a motorized suction dredge, for the purpose of extracting gold, silver or any other precious metals from placer deposits of the beds or banks of the waters of the state.
(4) "Operator" means any person that is engaged in motorized in-stream placer mining operations. [2017 c.300 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.114 - Motorized in-stream placer mining; discharge prohibited without permit; other prohibitions.

(1) An operator may not allow a discharge to waters of the state from a motorized in-stream placer mining operation or activity without having an individual permit or being covered by a general permit issued under ORS 468B.050.
(2) In order to protect indigenous anadromous salmonids and habitat essential to the recovery and conservation of Pacific lamprey, motorized in-stream placer mining may not be permitted to occur up to the line of ordinary high water in any river in this state containing essential indigenous anadromous salmonid habitat, from the lowest extent of essential indigenous anadromous salmonid habitat to the highest extent of essential indigenous anadromous salmonid habitat.
(3) The prohibition in subsection (2) of this section does not apply to the use of nonmotorized mining technology, including but not limited to gravity dredges and syphon dredges. [2017 c.300 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.116 - Permit application; permit conditions.

(1) An application for a permit under ORS 468B.050 to engage in motorized in-stream placer mining must include:
(a) The name and address of the operator;
(b) Information on how the proposed motorized in-stream placer mining location will be accessed by the operator;
(c) A written affirmation furnished by the operator stating that the operator has reviewed information that is available as part of an application process and that is related to cultural resource preservation and best management practices for motorized in-stream placer mining;
(d) The geographic coordinates for the proposed motorized in-stream placer mining operation; and
(e) Any other information required to be included in the application.
(2) In addition to any other condition imposed by the permit, motorized in-stream placer mining pursuant to a permit issued under ORS 468B.050 may not:
(a) Involve the operation of motorized equipment between the hours of the earlier of 8 p.m. or sunset and 8 a.m. within 1,000 feet of a residence or a campground;
(b) Involve the operation of a motorized suction dredge having a suction hose with an inside diameter exceeding four inches; or
(c) To the extent feasible and as may be further specified in the permit, involve the operation of motorized equipment in a manner deleterious to freshwater mollusks, essential indigenous anadromous salmonid habitat or habitat essential to the recovery and conservation of Pacific lamprey.
(3) The condition under subsection (2)(a) of this section may be waived in a permit or permit coverage issued to the owner of a federal mining claim, but only to the extent that the permit or permit coverage applicant demonstrates that the exercise of the prohibition will violate federal law or constitute a regulatory taking requiring compensation under the United States Constitution or the Oregon Constitution. An applicant seeking a waiver must provide substantial evidence specific to the mining claim in question that establishes the potential violation or regulatory taking. The Department of Environmental Quality shall review and make a determination regarding the request for a waiver as part of the permit or permit coverage decision. [2017 c.300 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.118 - Fees.

A person shall pay the following fees to the Department of Environmental Quality for a general permit issued under ORS 468B.050 for motorized in-stream placer mining, unless the Environmental Quality Commission establishes a lower fee amount under ORS 468.065:
(1) A fee of $250 for the initial application for or renewal of permit coverage; and
(2) An annual fee of $250. [2017 c.300 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.120 - Definitions for ORS 468B.120 to 468B.135.

As used in ORS 468B.120 to 468B.135:
(1) "Cleaning agent" means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limited to the cleansing of fabrics, dishes, food utensils and household and commercial premises. "Cleaning agent" does not include foods, drugs, cosmetics, insecticides, fungicides and rodenticides or cleaning agents exempted under ORS 468B.135.
(2) "Commercial premises" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, commercial or charitable activity, including but not limited to laundries, hotels, motels and food or restaurant establishments.
(3) "Person" means any individual, firm, partnership or corporation.
(4) "Phosphorus" means elemental phosphorus. [1991 c.764 §3; 2009 c.246 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.125 - Policy to reduce phosphorous pollution.

(1) The Legislative Assembly of the State of Oregon finds that:
(a) Phosphorous loading of the waters of the state is a serious pollution problem affecting water quality in some river basins in the state.
(b) Phosphate detergents contribute significant phosphorous loading to the treated waste water released to the surface waters of the state.
(c) When phosphorous loading becomes a serious pollution problem, federal and state water quality standards may require advanced waste water treatment facilities at public expense, in addition to primary and secondary treatment facilities.
(2) Therefore, the Legislative Assembly declares that it is a policy of this state to reduce phosphorous pollution at its source to maintain existing water quality and to enhance cost-effective waste water treatment where phosphorous pollution becomes a serious pollution problem. [1991 c.764 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.130 - Prohibition on sale or distribution of cleaning agents containing phosphorus; rules.

(1) Except as provided in subsection (2) of this section, a person may not sell, offer to sell or distribute for sale within Oregon any cleaning agent containing more than 0.5 percent phosphorus by weight.
(2) A cleaning agent used in automatic commercial dishwashers may be sold, offered for sale or distributed in Oregon if the cleaning agent contains 8.7 percent or less phosphorus by weight.
(3) All cleaning agents that are sold in this state shall be labeled with the percent of phosphorus by weight, including equivalency in grams of phosphorus per recommended use level.
(4) The Environmental Quality Commission may adopt rules governing the labeling requirements imposed by subsection (3) of this section. [1991 c.764 §4; 2003 c.14 §303; 2009 c.246 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.135 - Exemptions.

ORS 468B.130 (1) and (2) do not apply to any cleaning agent:
(1) Used in dairy, beverage or food processing equipment;
(2) Used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including phosphoric acid products or trisodium phosphate;
(3) Used in hospitals, veterinary hospitals or clinics or health care facilities;
(4) Used in agricultural production and the production of electronic components;
(5) Used in a commercial laundry for laundry services provided to a hospital, veterinary hospital or clinic or health care facility;
(6) Used by industry for metal cleaning or conditioning;
(7) Manufactured, stored or distributed for use or sale outside Oregon;
(8) Used in any laboratory, including a biological laboratory, research facility, chemical, electronic or engineering laboratory;
(9) Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, stoves, tubs or other food preparation surfaces and plumbing fixtures;
(10) Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended for use in closed systems, including but not limited to boilers, air conditioners, cooling towers or hot water systems; and
(11) For which the Department of Environmental Quality determines that the prohibition under ORS 468B.130 (1) and (2) will either:
(a) Create a significant hardship on the user; or
(b) Be unreasonable because of the lack of an adequate substitute cleaning agent. [1991 c.764 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.138 - Definitions for ORS 468B.138 to 468B.144.

As used in ORS 468B.138 to 468B.144:
(1) "Legacy" means a pollutant, the use of which has been banned or restricted for several years, that remains at detectable levels in sediment and tissue samples.
(2) "Municipality" means a city or special district that operates and maintains a sewage treatment facility.
(3) "Permittee" means a municipality in possession of a National Pollutant Discharge Elimination System permit or water pollution control facility permit issued by the Department of Environmental Quality pursuant to ORS 468B.050 for a sewage treatment facility that has a dry weather design flow capacity of one million gallons per day or more.
(4) "Persistent pollutant" means a substance that is toxic and either persists in the environment or accumulates in the tissues of humans, fish, wildlife or plants. [2007 c.696 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.139 - Report; consultation with governments, agencies and organizations; surcharge.

(1) The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to an appropriate interim committee of the Legislative Assembly related to the environment by June 1, 2010.
(2) The department’s report shall include, but is not limited to, the following components:
(a) A priority listing of persistent pollutants that pose a threat to the waters of this state, as defined in ORS 196.800, and have documented harmful effects on the health and well-being of humans, fish or wildlife, especially aquatic species, based on factors including, but not limited to:
(A) Toxicological and bioaccumulative factors;
(B) The feasibility of reduction options;
(C) Data concerning pollutant dose and response; and
(D) Data regarding the magnitude and significance of specific ongoing and legacy discharges.
(b) Identification of individual point, nonpoint and legacy sources of priority listed persistent pollutants from existing data, including an analysis identifying the quantity, concentration and volume of such pollutants discharged by individual sources on an annual basis.
(c) An evaluation and assessment of source reduction and technological control measures that can reduce the discharge of persistent pollutants into the waters of this state, including an assessment of the costs and effectiveness of such measures and which measures should be prioritized for reducing such pollutants.
(3) The department may contract with a private organization to conduct the study required under this section.
(4) The department shall consult with interested local and tribal governments, state and federal agencies and other private organizations in preparing the report required under this section.
(5)(a) The department shall prepare and report the priority listing described in subsection (2)(a) of this section to the Seventy-fifth Legislative Assembly, in the manner provided by ORS 192.245, on or before June 1, 2009.
(b) After June 1, 2009, the department shall report to the Legislative Assembly or an interim committee related to the environment whenever the department adds to, or removes from, the priority listing described in subsection (2)(a) of this section a persistent pollutant.
(6) For the purpose of defraying the cost of conducting and administering the study under this section, the department may impose a surcharge on permits issued by the department to permittees. Moneys collected under this subsection shall be deposited into the Persistent Pollutant Control Account established under ORS 468B.143. [2007 c.696 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.142 - Order compelling compliance with rules; injunction; security not required; attorney fees.

(1) The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality Commission under ORS 468B.141. If the court finds that the defendant is not complying with any rule so adopted, the court shall grant an injunction requiring compliance. The court, on motion and affidavits, may grant a preliminary injunction ex parte upon such terms as are just.
(2) The department need not give security before the issuance of an injunction under this section.
(3) The court may award reasonable attorney fees and costs to the department if the department prevails in an action under this section. [2007 c.696 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.143 - Persistent Pollutant Control Account; establishment; uses.

The Persistent Pollutant Control Account is established, separate and distinct from the General Fund. Moneys may be credited to the account from any public or private source. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only for the purposes described in ORS 468B.139 to 468B.142. [2007 c.696 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.144 - Moneys received under ORS 468B.142; disposition.

All moneys received by the Department of Environmental Quality under ORS 468B.142 shall be deposited to the credit of the Persistent Pollutant Control Account established under ORS 468B.143. [2007 c.696 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.150 - Definitions for ORS 468B.150 to 468B.190.

As used in ORS 448.268, 448.271 and 468B.150 to 468B.190:
(1) "Area of ground water concern" means an area of the state subject to a declaration by the Department of Environmental Quality under ORS 468B.175 or the Oregon Health Authority under ORS 448.268.
(2) "Contaminant" means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in ground water or that occurs naturally but at a lower concentration.
(3) "Ground water management area" means an area in which contaminants in the ground water have exceeded the levels established under ORS 468B.165, and the affected area is subject to a declaration under ORS 468B.180.
(4) "Fertilizer" has the meaning given that term in ORS 633.311.
(5) "Pesticide" has the meaning given that term in ORS 634.006. [Formerly 468.691; 1995 c.690 §7; 2001 c.914 §24; 2009 c.595 §952]
Note:
468B.150 to 468B.188 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.155 - State goal to prevent ground water contamination.

The Legislative Assembly declares that it is the goal of the people of the State of Oregon to prevent contamination of Oregon’s ground water resource while striving to conserve and restore this resource and to maintain the high quality of Oregon’s ground water resource for present and future uses. [Formerly 468.692]
Note:
See note under 468B.150.