reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0170 - Land Disposal of Wastewater

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for land disposal of excess
			 wastewater, the permit applicant shall demonstrate to the Department that the
			 process has been designed to minimize the amount of excess wastewater that is
			 produced, through use of water-efficient processes, wastewater treatment and
			 reuse, and reduction by natural evaporation. Excess wastewater that must be
			 released shall be treated and disposed of to land under the conditions
			 specified in the permit.
(2) A
			 disposal plan shall be submitted as part of the permit application that, at a
			 minimum, includes:
(a) Wastewater quantity
			 and quality characterization;
(b)
			 Soils characterization and suitability analysis;
(c) Drainage and run-off characteristics of
			 the site relative to land application of wastewater;
(d) Proximity of the disposal site to
			 groundwater and surface water and potential impact;
(e) Wastewater application schedule and water
			 balance;
(f) Disposal site
			 assimilative capacity determination;
(g) Soils, surface water and groundwater
			 monitoring plan;
(h) Potential
			 impact on wildlife or sensitive plant species.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0180 - Guidelines for Open-Pit Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Open pits that will be left as a result of the mining operation shall be
			 assessed prior to, and following, mining operations for the potential to
			 contaminate water to the extent that it might not meet water-quality standards
			 due to buildup of acid or toxic metals.
(2) If the Department finds that the
			 potential for water accumulation in the pit(s) exists, the permit applicant
			 shall submit a closure plan for the pit that will address contamination
			 prevention and possible remedial treatment of the water. The closure plan
			 shall, at a minimum, examine the following alternatives:
(a) Avoidance, during mining, of
			 acid-generating materials that can be left in place, rather than being exposed
			 to oxidation and weathering;
(b)
			 Removal from the pit and disposal, during or after the mining operation, of
			 residual acid-generating materials that would otherwise be left exposed to
			 oxidation and weathering;
(c)
			 Protective capping in-situ of residual acid-generating materials;
(d) Treatment methods for correcting acidity
			 and toxicity of accumulated water;
(e) Installation of an impermeable liner
			 under ponded water to prevent groundwater contamination;
(f) Backfilling of the pit(s) to the level
			 necessary to, in conjunction with other appropriate control measures, prevent
			 oxidation of residual acid-generating materials.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0010 - Policy, Purpose and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules set forth requirements for
			 the State of Oregon Underground Injection Control (UIC) program adopted in
			 conformance with Part C of the federal Safe Drinking Water Act (SDWA) in effect
			 on the date of this rule adoption. It is the policy of the Environmental
			 Quality Commission that the injection of wastes to the subsurface shall be
			 limited and controlled in a manner that protects existing groundwater quality
			 for current or potential beneficial uses including use as an underground source
			 of drinking water.
(2) The
			 injection of untreated or inadequately treated sewage or wastes to waste
			 disposal wells and particularly to waste disposal wells in the lava terrain of
			 Central Oregon constitutes a threat of serious, detrimental and irreversible
			 pollution of valuable groundwater resources and a threat to public health. The
			 policy of the Environmental Quality Commission is to restrict, regulate or
			 prohibit the further construction and use of waste disposal wells in Oregon and
			 to phase out completely the use of waste disposal wells as a means of disposing
			 of untreated or inadequately treated sewage or wastes as rapidly as possible in
			 an orderly and planned manner.
(3)
			 These rules as adopted, amended and repealed by the Environmental Quality
			 Commission on June 22, 2001 are effective on September 20, 2001. The rules
			 previously in effect are effective and enforceable until September 20,
			 2001.
Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS
				  468B.165
Stats. Implemented: ORS 454.607, ORS 468B.015, ORS 468B.080  & ORS 468B.160
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0011 - Classification of Underground Injection Systems

Current through Register Vol. 63, No. 7, July 1, 2024
Injection systems are classified as follows:
(1) Class I. Injection systems that inject
			 hazardous waste, radioactive waste or other fluids
beneath
the
			 lowermost formation containing an underground source of drinking water. This
			 includes the disposal of fluids containing hazardous waste or radioactive waste
			 into wells, drill holes, sinkholes and cesspools regardless of their capacity
			 or flow rate.
(2) Class II.
			 Injection systems that inject fluids:
(a)
			 Produced by natural gas storage operations, or conventional oil or natural gas
			 production;
(b) Used to enhance
			 recovery of oil or natural gas; or
(c) For storage of hydrocarbons that are
			 liquid at standard temperature and pressure.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0012 - Authorization of Underground Injection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any underground injection activity,
			 including the construction, modification, operation, or maintenance of any
			 injection system, is prohibited unless it is:
(a) Excluded from this regulation in OAR
			 340-044-0013;
(b) Authorized by rule in OAR
			 340-044-0018  with inventory and registration information submitted to the Director;
			 or
(c) Authorized by a permit
			 issued by the Director or authorized representative.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0013 - Exclusions from Underground Injection Control Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
The following injection activities are not covered by OAR
				340-044:
(1) Single family residential
			 septic systems and cesspools; or non-residential septic systems and cesspools
			 handling only human sanitary wastes and designed to serve less than 20 people
			 per day or with a design flow of less than 2,500 gallons per day. Such systems
			 are still subject to the requirements of OAR 340-071. This exclusion does not
			 apply to sewage drain holes or drill holes.
(2) Injection for the purpose of storing
			 hydrocarbons that are gases at standard pressure and temperature.
(3) Any dug, blasted or drilled hole or bored
			 shaft that is not used for the subsurface emplacement of fluids.
Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS
				  468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050,
				  ORS 468B.053 & ORS 468B.160
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0014 - Prohibition of Groundwater Contamination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall construct, operate,
			 maintain, convert, plug or abandon any injection system or conduct any
			 injection activity that allows the direct or indirect movement of fluids
			 containing contaminants into groundwater if the presence of that contaminant
			 may cause a violation of any primary drinking water regulation under the
			 federal Safe Drinking Water Act, or fails to comply with groundwater quality
			 protection requirements specified in OAR 340-040. The person owning or
			 operating an injection system shall have the burden of showing that these
			 requirements are met.
(2) If an
			 injection activity has the potential to cause or causes a violation of primary
			 drinking water regulations, adversely impacts groundwater quality or otherwise
			 adversely affects human health or the environment, the owner or operator of the
			 injection system shall:
(a) Take all
			 appropriate action including closure of the injection system if necessary to
			 prevent the violation;
(b) Apply
			 for and obtain a permit if the injection activity was previously authorized by
			 rule; and
(c) Be subject to
			 enforcement action if appropriate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0015 - Prohibited Underground Injection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall cause or allow the
			 following types of Class I -- IV underground injection activities:
(a) Class I injection systems.
(b) Class II injection systems injecting
			 fluids for liquid hydrocarbon storage. This does not prohibit the injection of
			 fluids for conventional or enhanced oil or natural gas production, or fluids
			 such as saltwater produced during oil or natural gas recovery.
(c) Class III injection systems injecting
			 fluids for mineral or natural resource extraction.
(d) Class IV injection systems, except for
			 wells reinjecting treated groundwater into the same formation from which it was
			 drawn as part of a removal or remedial action if the injection has prior
			 approval from the Environmental Protection Agency (EPA) or the Director under
			 the Comprehensive Environmental Response, Compensation, and Liability Act
			 (CERCLA) or the Resource Conservation and Recovery Act (RCRA).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0017 - Repairs of Existing Sewage Drain Holes or Sewage Drill Holes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall
			 repair or attempt to repair a plugged or otherwise failing sewage drain hole or
			 sewage drill hole unless a repair permit is issued according to the terms and
			 conditions in OAR
			 340-071-0215.
(2) A repair permit issued by the Director
			 shall specify the method to be used for sewage treatment, disposal and drain
			 hole repair. Deepening or repair of a sewage drain hole shall be approved only
			 if the Director determines that no other on-site or off-site option for sewage
			 treatment and disposal is feasible. Deepening the sewage drain hole shall be
			 limited to a maximum depth of 100 feet, and the drain hole shall terminate at
			 least 100 feet above groundwater.
(3) Any other requirement specified by the
			 Director to protect groundwater from contamination shall be met.
Stat. Auth.: ORS ORS 454.625, ORS 468.020, ORS 468B.020 &
				  ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050  & ORS 468B.155
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0018 - Authorization of Underground Injection by Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person is authorized by this rule to
			 construct and operate an injection system if all of the following conditions
			 are met:
(a) The injection is not prohibited
			 by OAR
			 340-044-0015  or by any other applicable local, state or federal law.
(b) The owner or operator submits the
			 inventory information required in OAR
			 340-044-0020  and registers the injection system with the Director in a format approved by
			 the Director.
(c) The injection
			 does not cause the direct or indirect movement of contaminants into groundwater
			 if the resulting concentration of that contaminant may cause a violation of any
			 primary drinking water regulation under the federal Safe Drinking Water Act or
			 may exceed background groundwater concentrations.
(d) The injection system is listed in section
			 (2) of this rule, or the owner or operator meets the requirements of section
			 (3) of this rule, or the injection is allowed by section (4) of this
			 rule.
(e) The owner or operator
			 complies in a timely manner with all requests for information made by the
			 Director pursuant to OAR
			 340-044-0018(5)
 
			 and OAR
			 340-044-0020.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0020 - Registration and Inventory and Other Information Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any owner or
			 operator of an injection system that is not excluded by OAR
			 340-044-0013  must submit inventory information to register with the Director. If an owner or
			 operator is applying for a permit, the inventory information is submitted with
			 the permit application. If inventory information is not submitted, an owner or
			 operator is prohibited from discharging to the injection system.
(2) Inventory information must be submitted
			 in a format approved by the Director and prior to construction and operation of
			 new injection systems, and, at a minimum, shall include:
(a) Facility name and location;
(b) Name and address of legal
			 contact;
(c) Ownership of
			 facility;
(d) Nature and type of
			 injection system; and
(e) Operating
			 status of injection system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0035 - Authorization by Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person shall construct, place in operation or operate any allowable underground
			 injection system without first obtaining a permit from the Director or an
			 authorized representative unless the system is excluded by OAR 340-044-0013  or
			 is authorized by rule according to OAR 340-044-0018.
(2) Permits shall not be issued for
			 construction, maintenance or use of an underground injection system where any
			 other treatment or disposal method that affords better protection of public
			 health or water quality is reasonably available or possible.
(3) In no case shall a permit to construct or
			 operate an injection system be issued if the injection activity will cause a
			 violation of any primary drinking water regulation under the federal Safe
			 Drinking Water Act or does not comply with the groundwater protection
			 requirements of OAR 340-040.
(4)
			 Permits for construction or use of underground injection systems shall be
			 developed in accordance with OAR 340-045, 340-040 and 340-071; 690-230 for
			 low-temperature geothermal wells, OAR 690-350 for aquifer storage and recovery
			 wells, OAR 632-010 for oil and gas wells or 632-020 for geothermal wells as
			 appropriate; and any other applicable state rule. Permits for aquifer storage
			 and recovery wells shall be issued by the Oregon Water Resources
			 Department.
(5) Permits shall be
			 developed in conformance with applicable federal laws including the Wild and
			 Scenic Rivers Act, the National Historic Preservation Act of 1966, the
			 Endangered Species Act, the Coastal Zone Management Act, the Fish and Wildlife
			 Coordination Act, and other Executive orders.
Publications: Publications referenced in this rule are
				  available from the agency.
Statutory/Other Authority: ORS
				  454.625,
				  468.020,
				  468B.020  & 468B.165
Statutes/Other Implemented: ORS
				  454.655,
				  468B.025,
				  468B.050  & 468B.165
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0040 - Decommissioning and Conversion Requirements for Underground Injection Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 underground injection system is no longer in use for injection or is abandoned,
			 the owner or operator shall decommission the system or convert the system to
			 another type of well in a manner that will prevent the movement of contaminants
			 into groundwater.
(2) The owner or
			 operator shall notify the Director of the owner's or operator's intent to
			 decommission or convert the injection system 30 days prior to closure or
			 conversion.
(3) The owner or
			 operator shall comply with all reporting, licensing and design requirements of
			 all applicable state and local laws when decommissioning or converting an
			 injection system. These include OAR 340-071 for on-site sewage disposal
			 systems, 690-200 and 690-220 for water supply wells, 690-240-030 for other
			 holes and 632-020 for geothermal wells.
(a)
			 Any soil, gravel, sludge, biosolids, liquids or other material removed from or
			 adjacent to the injection system shall be characterized and disposed in a
			 manner consistent with all applicable local, state and federal laws.
(b) Except for on-site sewage disposal
			 systems decommissioned according to OAR 340-071 and injection systems for storm
			 water runoff from rooftops, proper decommissioning of an injection system shall
			 be certified by a professional geologist, engineering geologist, or
			 professional engineer registered in the State of Oregon.
(c) The following decommissioning
			 requirements apply to drilled wells, boreholes and sewage drain holes or sewage
			 drill holes unless waived in writing by the Director:
(A) The owner or operator shall immediately
			 render the system to be completely inoperable by plugging and sealing to
			 prevent the vertical movement of fluids.
(B) All portions of the well that are
			 surrounded by "solid wall" formation shall be plugged and filled with cement
			 grout or concrete; or
(C) The top
			 portion of the well must be effectively sealed with cement grout or concrete to
			 a depth of at least 18 feet below the surface of the ground, or wherever this
			 method of sealing is not practical, effective sealing must be accomplished in a
			 manner approved in writing by the Director.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 44 - CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER UNDERGROUND INJECTION ACTIVITIES (UNDERGROUND INJECTION CONTROL) › Section 340-044-0055 - Agreements With Other Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may enter into a memorandum of agreement with
				another state agency or local jurisdiction that allows the agency or
				jurisdiction to act as an agent for the Director with regard to underground
				injection systems. The agreement shall specify the responsibilities of each
				agency and the procedures for coordination between both agencies. The agreement
				may also include provisions for providing information necessary for the
				Director to comply with program reporting requirements of  40 CFR 144.8.
Stat. Auth.: ORS 454.655, ORS 454.795, ORS 468B.020, ORS
				  468B.050, ORS 468B.053 & & ORS 468B.160
Stats. Implemented: ORS
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to prescribe limitations on
				discharge of wastes and the requirements and procedures for obtaining NPDES and
				WPCF permits from the Oregon Department of Environmental
				Quality.
Statutory/Other Authority: ORS 468 & 468B
Statutes/Other Implemented: ORS
				  468.065,
				  468B.015 &
				  468B.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 division unless otherwise required by context:
(2) "Commission" means the Environmental
			 Quality Commission or the Commission's authorized designee.
(3) "DEQ" means the Oregon Department of
			 Environmental Quality.
(4)
			 "Director" means the Director of the Oregon Department of Environmental Quality
			 or the Director's authorized designee.
(5) "Discharge or Disposal" means placing
			 wastes into public waters, on land, or otherwise into the environment in a
			 manner that affects or may tend to affect the quality of public
			 waters.
(6) "Disposal System" means
			 a system for disposing of wastes by surface or underground methods and includes
			 sewerage systems, treatment works, disposal wells, and other systems but
			 excludes onsite sewage disposal systems regulated under OAR 340-071-0160,
			 340-071-0162, or ORS 454.655 and systems that
			 recirculate without discharge.
(7)
			 "Environmental Management Plan" means a document specified within the
			 conditions of a permit that identifies environmental impacts, establishes
			 environmental goals and periodic review for effectiveness in meeting
			 environmental goals, best management practices, monitoring, corrective actions
			 and other enforceable requirements of the permit.
(8) "Federal Act" means Public Law 92-500,
			 known as the Federal Water Pollution Control Act Amendments of 1972, and
			 amendments.
(9) "General Permit"
			 means a permit issued to a category of qualifying sources under OAR
			 340-045-0033  in lieu of individual permits for every source.
(10) "Industrial Waste" means any liquid,
			 gaseous, radioactive, or solid waste substance, or a combination of them,
			 resulting from any process of industry, manufacturing, trade, or business or
			 from developing or recovering any natural resources.
(11) "Municipal Separate Storm Sewer" means a
			 conveyance or system of conveyances including: roads with drainage systems,
			 municipal streets, catch basins, curbs, gutter, ditches, manmade channels, or
			 storm drains, that is:
(a) Owned or operated
			 by a state, city, county, district, association, or other public
			 body;
(b) Designed or used for
			 collecting or conveying stormwater; and,
(c) Is not a combined sewer or part of a
			 Publicly Owned Treatment Works as defined in
			 40
			 C.F.R. §
										122.2.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0015 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Without first obtaining a permit from the Director, 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 discharges
			 authorized under an existing permit;
(d) Construct, install, operate, or conduct
			 any industrial, commercial, or other establishment or activity, or any
			 extension or modification of or addition to them, if the operation or conduct
			 would cause an increase in the discharge of wastes into the waters of the state
			 or would otherwise unlawfully alter the physical, chemical, or biological
			 properties of any waters of the state;
(e) Construct or use any new outlet for
			 discharging any wastes into the waters of the state.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0020 - Non-Permitted Discharges

Current through Register Vol. 63, No. 7, July 1, 2024
No person may discharge the following wastes into any navigable
				or public waters:
(1) Radioactive,
			 chemical, or biological warfare agent or high-level radioactive
			 waste.
(2) Any point source
			 discharge that the Secretary of the Army acting through the Chief of Engineers
			 finds would substantially impair anchorage and navigation.
(3) Any point source discharge to navigable
			 waters that the Regional Administrator has objected to in writing.
(4) Any point source discharge that is in
			 conflict with an area-wide waste treatment and management plan, or amendment to
			 one, that has been adopted under section 208 of the Federal Act.
Statutory/Other Authority: ORS 468 & 468B
Statutes/Other Implemented: ORS
				  468B.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0027 - Public Notice and Participation Requirements For Permitting Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ categorized
			 permitting actions according to environmental and public health significance.
			 Category I represents permit actions with low environmental and public health
			 significance and no public notice and opportunity for public participation.
			 Category IV represents permit actions with potentially high environmental and
			 public health significance, and the greatest level of public notice and
			 opportunity for public participation. The following describes the public notice
			 and participation requirements for each category:
(a) Category I -- No public notice or
			 opportunity for public participation.
(b) Category II -- DEQ will provide public
			 notice of the proposed action and a minimum of 30 days to submit written
			 comments.
(c) Category III -- DEQ
			 will provide public notice of the proposed action and a minimum of 35 days to
			 submit written comments. DEQ will provide a minimum of 30 days' notice for a
			 hearing if one is scheduled. DEQ will schedule a public hearing to allow
			 interested parties to submit oral or written comments if:
(A) For NPDES permits, DEQ receives written
			 requests for public hearing during the public comment period from at least ten
			 persons or from an organization or organizations representing at least ten
			 persons.
(B) For WPCF permits, DEQ
			 receives written requests for public hearing within 14 days of mailing the
			 public notice from at least ten persons or from an organization or
			 organizations representing at least ten persons; or
(C) DEQ determines that a hearing is
			 necessary.
(d) Category
			 IV: DEQ will:
(A) Once an application is
			 considered complete, provide public notice of receiving a completed application
			 and requested permitting action; and
(B) Schedule an informational meeting in the
			 community where the facility will be or is located and provide public notice of
			 the meeting. DEQ will consider any information gathered in this process in its
			 drafting of the proposed permit.
(C) Once a draft permit is complete, provide
			 public notice of the proposed permit and a minimum of 40 days to submit written
			 comments; and
(D) Schedule a public
			 hearing to allow interested parties to submit oral or written comments. A
			 minimum notice of 30 days shall be provided for the hearing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0030 - Application for NPDES or WPCF Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person wishing to obtain a new or
			 renewal NPDES or WPCF permit from DEQ must submit a written application at
			 least 180 days before an NPDES permit is needed or at least 60 days before a
			 WPCF permit is needed on a form DEQ provides. The Director may grant permission
			 in writing for a later date to submit a new or renewal application. The
			 Director will not grant permission for a renewal application to be submitted
			 later than the existing permit's expiration date.
(2) Any person wishing to modify their NPDES
			 or WPCF permit must submit a written application on a form DEQ provides.
			 Applications must be submitted well in advance of the needed modification in
			 order to process the request as OAR 340-045-0055  requires.
(3) All application forms must be completed
			 in full and signed by the applicant or the applicant's legally authorized
			 representative. The name of the applicant must be the legal name of the owner
			 of the facility or the owner's agent or the lessee responsible for operating
			 and maintaining the facility. DEQ will consider applications that are correctly
			 signed and appear administratively complete timely upon receipt. A request for
			 further information under section (5) of this rule will not affect an
			 application's timeliness.
(4) DEQ
			 will not accept for filing applications that are obviously incomplete,
			 unsigned, improperly signed, or that do not contain the required exhibits
			 clearly identified. DEQ will return these applications to the applicant for
			 completion.
(5) Within 45 days
			 after receiving an application, DEQ will preliminarily review an application to
			 determine the adequacy of the information submitted. Failure to complete this
			 review within 45 days does not preclude DEQ from later requesting further
			 information from the applicant as provided in this section.
(a) If DEQ determines that additional
			 information is needed, it will promptly request in writing the needed
			 information from the applicant. The application will be considered withdrawn if
			 the applicant fails to submit the requested information within 90 days of the
			 request or such other time as DEQ establishes in writing.
(b) If DEQ determines that additional
			 measures are necessary to gather facts regarding the application, it will
			 notify the applicant in writing that such measures will be instituted and
			 provide the timetable and procedures to be followed. The application will be
			 considered withdrawn if the applicant fails to comply with the additional
			 measures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0033 - General Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 permits may be adopted by a rule of the Environmental Quality Commission or by
			 order the Director issues. A permit adopted by rule may be terminated by a
			 later permit issued by order if the later permit covers the same activity and
			 specifically provides for terminating the earlier permit.
(2) General permits may be developed for
			 certain categories of minor discharge sources or minor activities where
			 individual NPDES or WPCF permits are not necessary to adequately protect the
			 environment. Before the Director can issue a general permit, the following
			 conditions must be met:
(a) There must be
			 several minor sources or activities that involve the same or substantially
			 similar types of operations.
(b)
			 The sources or activities must have the potential to discharge or dispose of
			 the same or similar types of wastes.
(c) The general permit must require the same
			 or similar monitoring requirements, effluent limitations and operating
			 conditions for the categories.
(d)
			 The category of sources or activities would be more appropriately controlled
			 under a general permit than an individual permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0035 - Issuance of NPDES Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 will review each application on its own merits after determining the
			 application is complete for processing. DEQ will develop recommendations under
			 provisions of all applicable statutes, rules, regulations, and effluent
			 guidelines of the State of Oregon and the U.S. Environmental Protection
			 Agency.
(2) DEQ will formulate and
			 prepare a tentative determination to issue or deny an NPDES permit for the
			 discharge described in the application. If the tentative determination is to
			 issue an NPDES permit, then DEQ will draft a proposed NPDES permit that
			 includes at least the following:
(a) Proposed
			 effluent limitations;
(b) Proposed
			 biosolids limitations;
(c)
			 Appropriate monitoring requirements;
(d) A Proposed schedule of compliance, if
			 necessary, established under the Federal Act and regulations issued under it;
			 and
(e) Other special
			 conditions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0037 - Issuance of WPCF Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 will review each application on its own merits after determining the
			 application is complete for processing. DEQ will develop recommendations under
			 the provisions of all applicable statutes, rules and regulations of the State
			 of Oregon and the U.S. Environmental Protection Agency.
(2) After DEQ drafts the public notice and
			 prepares the proposed WPCF permit provisions, DEQ will forward them to the
			 applicant for review and comment. Unless the applicant requests extra time, DEQ
			 will only consider comments before taking its final action on the application
			 if the applicant submits these comments in writing within 14 days after
			 mailing. The applicant may also waive the right for the 14-day review time in
			 the interest of accelerating the issuance procedures.
(3) If DEQ proposes to issue a permit, DEQ
			 will provide public notice and participation as OAR 340-045-0027  directs.
(4) DEQ must take final
			 action on the permit application within 45 days of the close of the public
			 comment period if a comment period is required. DEQ shall consider all timely
			 comments and any other information obtained that may be pertinent to the permit
			 action in the formulation of a final determination.
(5) DEQ shall promptly notify the applicant
			 in writing of the final action as provided in OAR 340-011-0097  and will include
			 a copy of the permit.
(7) The
			 duration of a WPCF permit may not exceed 10 years.
(8) DEQ's decision is effective from the date
			 of service of the notification or on the date DEQ specifies in writing,
			 provided this date occurs after the date DEQ serves notice. DEQ will only act
			 on a request for hearing if the applicant submits the request in writing within
			 20 days of the permit's effective date and states the grounds for the request.
			 DEQ will conduct the hearing as a contested case hearing under ORS
			 183.413 through
			 183.470 and OAR Chapter 340,
			 Division 011.
(a) If a request for hearing is
			 filed on a permit for a new facility, the entire permit is stayed and will not
			 go into effect until the hearing process is complete.
(b) If the request for hearing is for an
			 existing facility or activity, or a new activity within an existing facility,
			 only the contested permit condition and the conditions that cannot be
			 implemented separately from the contested conditions are stayed until the
			 hearing process is complete.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0040 - Renewal of NPDES or WPCF Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The procedures for issuing NPDES and WPCF
			 permits apply to renewing these permits.
(2) If a completed application for renewal of
			 a permit is filed with DEQ under OAR 340-045-0030, the permit will not expire
			 until final action has been taken on the renewal application.
Statutory/Other Authority: 468B.035, ORS
				  468.020 & 468B.020
Statutes/Other Implemented: ORS
				  468.065,
				  468B.015,
				  468B.035 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0045 - Transfer of an NPDES or WPCF Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not transfer an NPDES or
			 WPCF permit to a third party without DEQ's prior written approval. DEQ may
			 grant approval where the transferee acquires a property interest in the
			 permitted activity and agrees in writing to fully comply with all the terms and
			 conditions of the NPDES or WPCF permit and the rules of the
			 Commission.
(2) An applicant
			 requesting to transfer a permit must submit an application on a form DEQ
			 provides, for authorizing a permit transfer. The form should be submitted to
			 DEQ at least 30 days prior to the proposed action.
(3) The transfer of a permit is considered a
			 Category I permitting action as described in OAR 340-045-0027.
Statutory/Other Authority: ORS 468
Statutes/Other Implemented: ORS
				  468.065 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0050 - Denial of an NPDES or WPCF Permit

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will promptly notify the applicant in writing of the denial
				of a permit application under OAR 340-011-0097. The notification will include
				the reasons for denial. The denial will become effective 20 days from the date
				of service of the notice unless within that time DEQ receives a request for a
				hearing. The applicant must make the request for a hearing in writing and state
				the grounds for the request. DEQ will conduct the hearing as a contested case
				hearing under ORS 183.413 through
				183.470 and OAR chapter 340,
				division 011.
Statutory/Other Authority: ORS 468
Statutes/Other Implemented: ORS
				  468.065 &
				  468.070
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0055 - Modification of an NPDES or WPCF Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If DEQ determines it is appropriate to
			 initiate modification of an NPDES or WPCF permit, DEQ will notify the permittee
			 by registered or certified mail of the modification and the reasons for the
			 modification. DEQ-initiated modifications for NPDES permits shall be under
			 section (2) of this rule, and for WPCF permits shall be under section (3) of
			 this rule.
(2) The procedures for
			 applying for and issuing NPDES permits apply to any modification the permittee
			 requests or DEQ initiates, excluding modifications that are considered minor.
(a) If the modification is minor, it is
			 considered a Category I permitting action as described in OAR 340-045-0027.
			 Under federal regulations, types of minor modifications include the following:
(A) Corrections of typographical
			 errors;
(B) Requirements for more
			 frequent monitoring, or reporting, or both;
(C) Changes in an interim compliance date
			 provided the new date is not more than 120 days after the date in the existing
			 permit and does not interfere with the final compliance date
			 requirement;
(D) Changes to the
			 construction schedule for a new discharger provided pollution control equipment
			 is installed and operational prior to discharge;
(E) Deleting a point source outfall when the
			 discharge from that outfall is terminated and does not result in discharge of
			 pollutants from other outfalls except under the existing permit
			 limits;
(F) Incorporating
			 conditions from a publicly owned treatment works' pretreatment program that has
			 been approved under OAR 340-045-0063(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0060 - Termination or Revocation of an NPDES or WPCF Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Automatic Termination. A permit is
			 automatically terminated when:
(a) DEQ issues
			 a new permit for the same activity or operation;
(b) The permittee requests in writing that
			 the permit terminate, if DEQ determines that a permit is no longer needed;
			 or
(c) The permittee fails to
			 submit application for permit renewal as required in OAR 340-45-0030.
			 Termination is effective on the permit expiration date.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0061 - Special WPCF Permit (Short-Term)

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the procedures required in OAR 340-045
				and issue a special, short-term WPCF permit for unexpected or emergency
				activities, operations, emissions or discharges. Such a permit is valid for not
				more than 60 days from date of issuance. DEQ will develop such a permit to
				ensure it adequately protects property and preserves public health, welfare and
				resources. Application for a special WPCF permit must be in writing and may be
				in the form of a letter that fully describes the emergency and the proposed
				activities, operations, emissions, or discharges.
Statutory/Other Authority: ORS 468
Statutes/Other Implemented: ORS
				  468.065 &
				  468.070
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0062 - Mutual Agreement and Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director may issue a mutual agreement and order (MAO) in lieu of or in
			 addition to an NPDES permit or WPCF permit where the MAO is part of an
			 enforcement action, for disposal of wastewater associated with the cleanup of a
			 spill, or for an activity that does not lend itself to the normal permitting
			 process or permit term.
(2) An MAO
			 may include, but not necessarily be limited to, compliance schedules, effluent
			 limitations, monitoring and reporting requirements, or stipulated penalties, or
			 any of these.
(3) The term of an
			 MAO, when used in lieu of a permit, may not be longer than the term of the type
			 of permit it is replacing.
(4) The
			 permitting procedures in OAR 340-045 are not required for MAOs, except for the
			 following: An MAO issued in lieu of an NPDES permit is considered a Category II
			 permitting action as described in OAR 340-045-0027. An exception to this
			 requirement is allowed for environmental cleanups or other instances where a
			 delay in issuing an MAO may magnify the problem. In these situations, DEQ may
			 issue public notice at the same time it issues the MAO.
(5) When an MAO is used in lieu of a permit,
			 the fee schedule for permits found in OAR 340-045-0075  applies.
Statutory/Other Authority: ORS
				  468.020
Statutes/Other Implemented: ORS
				  468.065 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0063 - Industrial Waste Pretreatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All owners of sewerage systems that receive industrial waste subject to federal
			 or state pretreatment standards will develop and implement a pretreatment
			 program for controlling those industrial contributors. The system owner must
			 submit the program to the Director for approval. DEQ pproval is considered a
			 Category III action as described in OAR 340-045-0027.
(2) The Director will review requests for
			 revisions of categorical pretreatment standards to reflect removals the
			 sewerage system achieves. Removal credits are only allowed if the Director
			 approves them.
(3) Both the owners
			 of sewerage systems receiving industrial wastes and the industrial contributors
			 must comply with applicable pretreatment provisions of the federal Clean Water
			 Act and DEQ's rules.
(4) Where a
			 question exists as to whether or not an industrial contributor falls within a
			 particular industrial subcategory, the Director will make a written finding and
			 submit it to the EPA Regional Enforcement Division Director for a final
			 determination, unless the Enforcement Division Director waives receiving the
			 Director's determination as provided in the federal regulations. In that case
			 the Director's determination is final.
(5) The owner of a sewerage system receiving
			 industrial waste is responsible for assuring that the industrial contributor
			 meets the prohibited discharge or categorical pretreatment standards
			 established by the United State Environmental Protection Agency or DEQ,
			 whichever is most limiting. The owner of the sewerage system may impose more
			 stringent pretreatment standards if the owner deems it necessary for properly
			 operating and maintaining the sewerage system or disposability of the sewage
			 sludge.
(6) The Director will
			 review requests for Fundamentally Different Factors variances and will either
			 deny them or concur with them and submit the concurrence to the United States
			 Environmental Protection Agency for approval, as provided in federal
			 regulations.
Statutory/Other Authority: ORS 468 & 468B
Statutes/Other Implemented: ORS
				  454.020 &
				  468B.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0065 - Other Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 beginning construction on any waste collection, treatment, disposal, or
			 discharge facilities for which a permit is required by OAR 340-045-0015, the
			 facility owner or operator must submit detailed plans and specifications to,
			 and receive written approval from, DEQ, as ORS
			 468B.055 and OAR, Division 52,
			 Review of Plans and Specifications require.
(2) Monitoring, recording, and reporting
			 procedures used to meet the requirements of a NPDES permit must conform with
			 the Federal Act and regulations issued under it.
Statutory/Other Authority: ORS
				  468.020
Statutes/Other Implemented: ORS
				  454.020 &
				  468B.035