reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0320 - Basin-Specific Criteria (Umpqua Basin): Beneficial Uses to Be Protected in the Umpqua Basin

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Umpqua Basin (see
			 Figure 1) must be managed to protect the designated beneficial uses shown in
			 Table 320A (November 2003).
(2)
			 Designated fish uses to be protected in the Umpqua Basin are shown in Figures
			 320A, 320B, 320D and 320E (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on OAR
			 340-041-01320: Figure 320E.
(b) In
			 addition to the salmonid spawning areas shown on Figures 320E, DEQ will
			 determine where additional active spawning areas used by resident trout occur
			 as data becomes available. DEQ will identify additional spawning habitat and
			 areas determined to be active resident trout spawning areas in a publicly
			 available inventory. The determinations recorded in the inventory will be
			 incorporated into the designated use tables and maps in OAR 340-041
			 periodically through rulemaking. When resident trout spawning is determined to
			 be an existing use based on the best available data and is added to the
			 resident trout spawning inventory, DEQ will apply the spawning criteria for
			 dissolved oxygen to protect the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0324 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site:
Little River -- Temperature, pH and Sediment -- January 29,
				2002
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0326 - Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen ion concentration). pH
			 values may not fall outside the following ranges:
(a) Marine waters: 7.0-8.5;
(b) Estuarine and fresh waters (except
			 Cascade lakes): 6.5-8.5;
(c)
			 Cascade lakes above 3,000 feet altitude: pH values may not fall outside the
			 range of 6.0 to 8.5.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0330 - Basin-Specific Criteria (Walla Walla): Beneficial Uses to Be Protected in the Walla Walla Basin

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Walla Walla Basin
			 (see Figure 1) must be managed to protect the designated beneficial uses shown
			 in Table 330A (November 2003).
(2)
			 Designated fish uses to be protected in the Walla Walla Basin are shown in
			 Figures 310A, 310B, 310C and 310D (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on OAR
			 340-041-0330: Figure 310D.
(b) In
			 addition to the salmonid spawning areas shown on Figures 310D, DEQ will
			 determine where additional active spawning areas used by resident trout occur
			 as data becomes available. DEQ will identify additional spawning habitat and
			 areas determined to be active resident trout spawning areas in a publicly
			 available inventory. The determinations recorded in the inventory will be
			 incorporated into the designated use tables and maps in OAR 340-041
			 periodically through rulemaking. When resident trout spawning is determined to
			 be an existing use based on the best available data and is added to the
			 resident trout spawning inventory, DEQ will apply the spawning criteria for
			 dissolved oxygen to protect the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0334 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site: None.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0336 - Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen ion concentration). pH
			 values may not fall outside the range of 6.5 to 9.0. When greater than 25
			 percent of ambient measurements taken between June and September are greater
			 than pH 8.7, and as resources are available according to priorities set by the
			 Department, the Department will determine whether the values higher than 8.7
			 are anthropogenic or natural in origin.
(2) Total Dissolved Solids. Guide
			 concentrations listed below may not be exceeded unless otherwise specifically
			 authorized by DEQ upon such conditions as it may deem necessary to carry out
			 the general intent of this plan and to protect the beneficial uses set forth in
			 OAR
			 340-041-0330:
			 200.0 mg/l.
(3) Minimum Design
			 Criteria for Treatment and Control of Sewage Wastes in this Basin:
(a) During periods of low stream flows
			 (approximately April 1 to October 31): Treatment resulting in monthly average
			 effluent concentrations not to exceed 20 mg/l of BOD and 20 mg/l of suspended
			 solids or equivalent control;
(b)
			 During the period of high stream flows (approximately November 1 to March 31):
			 A minimum of secondary treatment or equivalent control and unless otherwise
			 specifically authorized by the Department, operation of all waste treatment and
			 control facilities at maximum practicable efficiency and effectiveness so as to
			 minimize waste discharges to public waters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0340 - Basin-Specific Criteria (Willamette): Beneficial Uses to Be Protected in the Willamette Basin

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Willamette Basin
			 (see Figure 1) must be managed to protect the designated beneficial uses shown
			 in Table 340A (August 2005).
(2)
			 Designated fish uses to be protected in the Willamette Basin are shown in
			 Figures 340A, 340B, 340C and 340D (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on the following
			 tables and figures in OAR 340-041-0340: Figure 340D.
(b) In addition to the salmonid spawning
			 areas shown on Figure 340D, DEQ will determine where additional active spawning
			 areas used by resident trout occur as data becomes available. DEQ will identify
			 additional spawning habitat and areas determined to be active resident trout
			 spawning areas in a publicly available inventory. The determinations recorded
			 in the inventory will be incorporated into the designated use tables and maps
			 in OAR 340-041 periodically through rulemaking. When resident trout spawning is
			 determined to be an existing use based on the best available data and is added
			 to the resident trout spawning inventory, DEQ will apply the spawning criteria
			 for dissolved oxygen to protect the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0344 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site:
Columbia Slough -- Bacteria, Dissolved Oxygen, Chlorophyll a,
				pH, lead, PCBs, Dieldrin, Dioxin, DDE/DDT, and Phosphorus -- November 25,
				1998
Pudding -- Ammonia and BOD -- October 18, 1993
Rickreall Creek -- BOD -- April 18, 1994
Tualatin -- Temperature, Bacteria, Dissolved Oxygen, Settleable
				Volatile Solids, Ammonia, Chlorophyll a, pH and Phosphorus -- August 7,
				2001
Yamhill -- Phosphorus -- December 8, 1992
Willamette -- Dioxin -- February 25, 1991
Willamette Coast Fork -- Ammonia and Phosphorus -- May 17,
				1996
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0345 - Basin-Specific Criteria (Willamette): Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen
			 ion concentration). pH values may not fall outside the following ranges:
(a) All basin waters, except main stem
			 Columbia River and Cascade lakes: 6.5 to 8.5;
(b) Cascade lakes above 3,000 feet altitude:
			 6.0 to 8.5.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0350 - The Three Basin Rule: Clackamas, McKenzie (above RM 15) and the North Santiam

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 preserve or improve the existing high quality water for municipal water
			 supplies, recreation, and preservation of aquatic life, new or increased waste
			 discharges must be prohibited, except as provided by this rule, to the waters
			 of:
(a) The Clackamas River
			 Subbasin;
(b) The McKenzie River
			 Subbasin above the Hayden Bridge (river mile 15);
(c) The North Santiam River
			 Subbasin.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-8033 - Division 41 Tables and Figures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Table 30: Aquatic Life Water Quality Criteria for Toxic Pollutants. This table,
			 referenced in OAR 340-041-0033, contains information about the applicability
			 and content of the criteria contained in the table.
(2) Table 31: Aquatic Life Water Quality
			 Guidance Values for Toxic Pollutants. This table, referenced in OAR
			 340-041-0033, contains information about the applicability and content of the
			 criteria contained in the table.
(3) Table 40: Human Health Water Quality
			 Criteria for Toxic Pollutants. This table, referenced in OAR 340-041-0033,
			 contains information about the applicability and content of the criteria
			 contained in the table.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468B.030,
				  468B.035  & 468B.048
Statutes/Other Implemented: ORS
				  468B.030,
				  468B.035  & 468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0025 - Policy, Purpose and Effect

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The public policy of the State of Oregon is to protect, maintain and improve
			 the quality of waters of the state for beneficial uses and to provide for
			 prevention, abatement and control of water pollution. To achieve and maintain
			 water quality standards, the EQC may impose limitations and controls including
			 Total Maximum Daily Loads (TMDLs), wasteload allocations for point sources and
			 load allocations for nonpoint sources.
(2) The policy of the EQC is to establish, or
			 have DEQ establish TMDLs, including wasteload and load allocations, and have
			 responsible sources meet these allocations through compliance with discharge
			 permits or other strategies developed in sector or source-specific
			 implementation plans. These measures must achieve and maintain water quality
			 standards and restore waters of the state that are water quality
			 limited.
(3) These rules establish
			 procedures for developing, issuing and implementing TMDLs as required by the
			 Federal Water Pollution Control Act Section 303(d) (33 USC Section
			 1313(d)) and authorized by
			 Oregon statutes to ensure that state water quality standards are met and
			 beneficial uses protected.
(4) DEQ
			 will review any changes to Federal Water Pollution Control Act Section 303(d)
			 or implementing regulations in  40 CFR Part 130  promulgated after the effective
			 date of these rules. DEQ may subsequently recommend that the EQC amend, repeal
			 or adopt new rules. Rules adopted by the EQC remain in effect until the EQC
			 takes action on the recommendations.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035  & 468B.110
Statutes/Other Implemented: ORS
				  468B.020  & 468B.110
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0040 - Establishing Total Maximum Daily Loads (TMDLs)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ or the EQC will establish TMDLs for
			 pollutants in waters of the state that are listed in accordance with the
			 Federal Water Pollution Control Act Section 303(d) (33 USC Section
			 1313(d)).
(2) DEQ or the EQC will group stream segments
			 and other waterbodies geographically by subbasin and develop TMDLs for those
			 subbasins, unless it determines another approach is warranted.
(3) DEQ or the EQC will prioritize and
			 schedule TMDLs for completion considering the following factors:
(a) Severity of the pollution,
(b) Uses of the water,
(c) Availability of resources to develop
			 TMDLs,
(d) Specific judicial
			 requirements, and
(e) Any other
			 relevant information.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0050 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 establishing a TMDL as an agency order, DEQ will establish a local advisory
			 group or identify an existing group or forum to assist in developing a TMDL.
			 When the EQC establishes a TMDL through rulemaking DEQ will appoint a rule
			 advisory committee and the rulemaking process will provide other opportunities
			 for public participation.
(2) DEQ
			 will provide an opportunity for persons to review and comment on a draft TMDL
			 and on proposals to revise loading capacity or allocations in a TMDL as
			 follows:
(a) DEQ will maintain a mailing list
			 for each TMDL.
(b) DEQ will provide
			 notice and an opportunity for public comment on a proposed TMDL or revision to
			 loading capacity or allocations in a TMDL. The public comment period will
			 generally be 60 days.
(c) DEQ will
			 respond to public comments received during the public comment period and will
			 prepare a written summary of responses.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0060 - Issuing a Total Maximum Daily Load

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director will issue a TMDL as an
			 order or the EQC by rule. If the Environmental Protection Agency establishes a
			 TMDL addressing waterbodies in Oregon, the Director may issue as an order or
			 the EQC by rule a WQMP to implement that TMDL.
(2) The order will be effective and final on
			 the date signed by the Director or in the case of rule when the proposed TMDL
			 is adopted by the EQC and filed with the Secretary of State.
(3) Following issuance, DEQ will submit the
			 TMDL to the Environmental Protection Agency.
(4) Within 20 business days after the
			 Director signs the order or the EQC adopts the rule, DEQ will notify all
			 affected NPDES permittees, nonpoint source DMAs identified in the TMDL and
			 persons who provided formal public comment on the draft TMDL that the order or
			 rule has been issued and the summary of responses to comments is
			 available.
Statutory/Other Authority: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035  & 468B.110
Statutes/Other Implemented: ORS
				  468B.020  & 468B.110
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0070 - Requesting Reconsideration or Appealing a Total Maximum Daily Load

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who
			 participated in establishing a TMDL by order, including those who submitted
			 comments, and any other person entitled to seek judicial review of an order
			 issuing a TMDL may request reconsideration by the Director in accordance with
			 OAR 137-004-0080.
(2) A person may
			 file a petition for judicial review of a final TMDL order as allowed by ORS
			 183.484.
(3) A person may file a petition for judicial
			 review of a TMDL adopted by rule as allowed by ORS
			 183.400.
Statutory/Other Authority: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035  & 468B.110
Statutes/Other Implemented: ORS
				  468B.020  & 468B.110
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0090 - Total Maximum Daily Loads and Water Quality Management Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs are adopted by EQC by reference in this
				rule on the dates indicated. The TMDL documents and supporting information for
				TMDLs adopted as rule or issued by order are available on DEQ's website.
(1) Upper Yaquina River Watershed, USGS
			 watershed of the Northern Oregon Coastal Basin (HUC 1710020401):
(a) TMDL: bacteria and dissolved oxygen,
			 September 14, 2023.
(b) WQMP:
			 bacteria and dissolved oxygen, September 14, 2023.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0000 - Purpose and Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules and guidelines is to prevent water pollution and protect
			 the quality of the environment and public health in Oregon, consistent with the
			 policies ofORS 468B.015 and 468B.020, by requiring application of all available
			 and reasonable method for control of wastes and chemicals relative to design,
			 construction, operation, and closure of mining operations which use cyanide or
			 other toxic chemicals to extract metals or metal-bearing minerals from the ore
			 and which produce wastes or wastewaters containing toxic materials.
(2) The following policies are established to
			 provide further guidance regarding the level of environmental protection these
			 rules are intended to achieve:
(a) Liner,
			 leak detection and leak collection systems (systems) are necessary for heap
			 leach pads, solution ponds, and tailings facilities to assure that any leak
			 will be detected before toxic materials escape from the liner system and are
			 released to the environment. For purposes of these rules, the environment is
			 considered to begin at the bottom of the last liner. These systems shall assure
			 that a leak is found, and that sufficient time is available to allow for the
			 repair of the leak and clean up of any leaked material before there is a
			 release to the environment. Natural conditions, such as depth to groundwater or
			 net rainfall, shall be considered as additional protection but not in lieu of
			 the protection required by the engineered liner system;
(b) The toxicity of mill tailings and the
			 potential for long-term cyanide and toxic metals release from mill tailings
			 shall be reduced to the greatest degree practicable through removal, reuse, or
			 destruction of chemical solutions prior to placement of tailings in the
			 tailings disposal facility;
(c) The
			 closure of heap leach pads and tailings disposal facilities shall prevent
			 future release to the environment of residual potentially toxic chemicals
			 contained in the facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, as used in this
				Division:
(1) "Chemical Process Mine"
			 means a mining and processing operation for metal-bearing ores that uses
			 chemicals to dissolve metals from ores.
(2) "Department" means the Department of
			 Environmental Quality.
(3)
			 "Guidelines" means this body of rules contained in OAR
			 340-043-0080  through
			 340-043-0180.
(4) "Positive Exclusion of Wildlife" means
			 the use of such devices as tanks, pipes, fences, netting, covers and heap-leach
			 drip-irrigation emitters or covered emitters.
(5) "Tailings" means the spent ore resulting
			 from the milling and chemical extraction process.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.030 &ORS
				  517.952
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0020 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 required byORS 468B.050, a person proposing to construct a new chemical mining
			 operation, commencing to operate an existing non-permitted operation, or
			 proposing to substantially modify or expand an existing operation shall first
			 apply for, and receive, a permit from the Department. The permit may be an
			 NPDES (National Pollutant Discharge Elimination System) permit if there is a
			 point-source discharge to surface waters or a WPCF (Water Pollution Control
			 Facility) permit if there is no discharge. Consideration may be given to
			 site-specific conditions such as climate, proximity to water, and type of
			 wastes to establish the final permit type and requirements for the
			 facility.
(2) The permit
			 application shall comply with the require-ments of OAR Chapter 340, Divisions
			 14 and 45 and be accompanied by a report that fully addresses the requirements
			 of this Division.
(3) Prior to
			 issuance of a permit for a chemical process mining activity under this
			 Division, a determination of compliance with statewide planning goals and
			 compatibility with local land use plans must be made. The Department shall
			 determine compliance with Statewide Planning Goals and compatibility with
			 acknowledged comprehensive plans and land use regulations in a manner
			 consistent with its approved State Agency Coordination Program and the rules in
			 OAR Chapter 340, Division 18. In making these determinations, the Department
			 shall consider and may rely on the findings and recommendations made by the
			 project coordinating committee authorized byORS 517.965 and by the Department
			 of Geology and Mineral Industries pursuant to their State Agency Coordination
			 Program and OAR Chapter 632, Divisions 1 and 37.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 197.180,ORS 468.065,ORS 468B.050 &
				  ORS 517.965
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0025 - Permit Conditions on Assumption of Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is necessary for the following
			 reasons:
(a) ORS 468B.015 expresses an
			 extremely strong state policy against pollution of the waters of the state;
			 and
(b) ORS 468B.010 declares that
			 the
"water pollution laws of this state shall be liberally construed for
			 the accomplishment of the purposes set forth in ORS 468B.015"
;
			 and
(c) ORS 468B.020 directs the
			 Department to require the use of all available and reasonable methods necessary
			 to achieve the purposes of ORS 468B.015; and
(d) Under ORS 468.065, the Department, in any
			 permit it issues, is required to specify conditions for compliance with the
			 rules and standards adopted by the Environmental Quality Commission pursuant to
			 state law;
(e) Certain chemical
			 process mines pose an unusual risk of substantial environmental harm;
(f) There is no significant operating history
			 of chemical process mines in Oregon, and experience in other states
			 demonstrates that, at least in some instances, chemical process mines have
			 produced extraordinary environmental harm, and the permittees have escaped
			 responsibility for such harm;
(g)
			 It is inherent in the nature of chemical process mining that income from the
			 mining activity will likely cease before the obligations and costs of the
			 permittee, thereby creating a serious risk that pollution will not be abated
			 unless adequate financial safeguards are required;
(h) The Reclamation Bond or alternative
			 security required byORS 517.987 and OAR
			 632-037-0135  for a chemical mining facility is intended to provide adequate resources to
			 cover the costs of reclamation and a credible accident. The amount of security
			 required is to be determined at the time permits are issued and adjusted as
			 necessary during site operations. Lack of long-term experience with chemical
			 mining activities makes it difficult to confidently estimate the full range of
			 problems that could develop after chemical mining activities have ceased. This
			 bond may not be adequate to address the full range of costs for protection and
			 restoration of the environment if the permittee defaults;
(i) It is appropriate to take reasonable
			 steps to assure continuing accountability from those who profit from chemical
			 mining activities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0030 - Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 permit application shall fully describe the existing site and environmental
			 conditions, with an analysis of how the proposed operation will affect the site
			 and its environment. The application shall, at a minimum, contain the
			 information specified for the DOGAMI (Department of Geology and Mineral
			 Industries) consolidated application under ORS 517.971 (Section 13, Chapter
			 735, 1991 Oregon Laws). The Department will also use the information contained
			 in NEPA (National Environmental Policy Act), EA (Environmental Assessment), or
			 EIS (Environ-mental Impact Statement) documents, if they are required for the
			 project, as partial fulfillment of the requirements of this section.
(2) The permit application shall, in addition
			 to the information described in section (1) of this rule, include the following
			 information, unless the information has been otherwise submitted:
(a) Climate/meteorology characterization,
			 with supporting data;
(b) Soils
			 characterization, with supporting data;
(c) Surface water hydrology study, with
			 supporting data;
(d)
			 Characterization of surface water and groundwater quality;
(e) Inventory of surface water and
			 groundwater beneficial uses;
(f)
			 Hydrogeologic characterization of groundwater, with supporting data;
(g) Geologic engineering, hazards and
			 geo-technical study, with supporting data;
(h) Characterization of mine materials and
			 wastes which include, for example, overburden, waste rock, stockpiled ore,
			 leached ore and tailings. Characterization of mine materials and wastes shall
			 include, but not be limited to the following:
(A) Chemical and mineral analysis related to
			 toxicity;
(B) Determination of the
			 potential for acid water formation;
(C) Determination of the potential for
			 long-term leaching of toxic materials from the wastes:
(i) Characterization of wastewater (quantity
			 and chemical and physical quality) produced by the operation;
(j) Assessment of the potential for
			 acid-water formation from waste disposal facilities, low-grade ore stockpiles,
			 waste rock piles and for surface water or groundwater accumulation in open pits
			 that will remain after mining is ended.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0040 - Plan and Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person constructing or commencing to operate a chemical process mine or
			 substantially modifying or expanding an existing chemical process mine shall
			 first submit plans and specifications to the Department for construction,
			 operation and maintenance of the facilities intended for treatment, control and
			 disposal of wastes.
(2) The plans
			 shall address all applicable requirements of this Division and shall include,
			 but not be limited to, the following:
(a) A
			 description of the facilities to be constructed, including tanks, pipes and
			 other storage and conveyance means for processing chemicals and solutions and
			 wastewaters;
(b) A management plan
			 for control of surface water;
(c) A
			 management plan for treatment and disposal of excess wastewater, including
			 provisions for reuse and wastewater minimization;
(d) A facility construction plan including,
			 as applicable, the design of low-permeability soil barriers, the type of
			 geosynthetics to be used and a description of their installation methods, the
			 design of wastewater treatment facilities and processes, a quality assurance
			 plan for applicable phases of construction and a listing of construction
			 certification reports to be provided to the Department;
(e) A preliminary closure plan;
(f) A preliminary post-closure monitoring and
			 maintenance plan;
(g) A spill
			 containment and control plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0050 - Design, Construction, Operation and Closure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All chemical
			 process and waste disposal facilities and facilities for mixing, distribution,
			 and application of chemicals associated with on-site mining operations; ore
			 preparation and beneficiation facilities; and processed ore disposal facilities
			 shall be designed, constructed, operated and closed in accordance with the
			 guidelines contained in this Division.
(2) Alternative facilities and methods of
			 control of wastes and potential pollutants may be approved by the Department if
			 the permit applicant can demonstrate that the alternate facilities and methods
			 will provide environmental protection that is fully equivalent or better than
			 that achieved by the facilities specified in the guidelines in OAR
			 340-043-0070  to
			 340-043-0180.
			 The burden of proof of fully equivalent protection lies with the permit
			 applicant. Written approval of any alternative by the Department shall be
			 evidence of acceptance as equivalent or better level of environmental
			 protection.
(3) A groundwater
			 monitoring plan shall be submitted to, and be approved by the Department.
			 Monitoring wells shall be installed for detection of groundwater contamination
			 as required by OAR Chapter 340, Division 40, unless the Department concludes in
			 writing that the hydrogeology of the site or other technical information
			 indicates that an adverse impact on groundwater quality is not likely to
			 occur.
(4) The Department may, in
			 accordance with a written compliance schedule, grant reasonable time for
			 existing facilities to comply with these rules.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468B.190,ORS 517.956 &ORS
				  517.971
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0060 - Exemption from State Permit for Hazardous Waste Treatment or Disposal Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 state hazardous waste program requires a permit for the "treatment", "storage"
			 or "disposal" of any "hazardous waste" as identified or listed in OAR Chapter
			 340, Division 101 from the Department, prior to the treatment and disposal of
			 wastes. Permitting requirements can be found in OAR Chapter 340, Division 105,
			 Hazardous Waste Management.
(2)
			 However, any operation permitted under this Division, which would otherwise
			 require the neutralization or treatment of hazardous waste and would require a
			 permit pursuant to OAR Chapter 340, Division 105, shall be exempt from the
			 requirement to obtain such hazardous waste treatment permit.
(3) All mined materials disposed of under
			 this Division shall pass Oregon's hazardous waste rule criteria or they will be
			 considered a state hazardous waste and must be disposed of
			 accordingly.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 466.020 &ORS
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0070 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This Division
			 establishes criteria for the design, construction, operation and closure of
			 chemical mining operations and supplements the provisions of OAR
			 340-043-0000  through
			 340-043-0060.
			 These criteria are intended to establish the minimum level of environmental
			 protection that is necessary using a combination of performance standards and
			 minimum design criteria. Approval of alternative facilities or methods to
			 achieve an equivalent or better environmental result is allowed as defined in
			 OAR
			 340-043-0050.
(2) Any disapproval of submitted plans or
			 specifications, or imposition of requirements by the Department to improve
			 existing facilities or their operation will be referenced when appropriate, to
			 applicable guidelines or rules.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.020 &ORS
				  468B.055
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0080 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Facilities permitted under either a WPCF or NPDES permit shall not discharge
			 wastewater or process solutions to surface water, groundwater or soils, except
			 as expressly allowed by the permit.
(2) Facilities subject to these rules shall
			 not be sited in 100-year floodplains or wetlands. A buffer zone (a minimum of
			 200 feet wide) shall be established between waste disposal facilities and
			 surface waters.
(3) All chemical
			 conveyances (ditches, troughs, pipes, etc.) shall be equipped with secondary
			 containment and leak detection means for preventing and detecting release of
			 chemicals to surface water, groundwater or soils.
(4) Acid water accumulation in open pits
			 resulting from the mining operation must be prevented by appropriate mining
			 practices, by measures taken in the closure process, or be treated to control
			 pH and toxicity, for the life of the pit.
(5) Construction of surface impoundment liner
			 systems shall conform generally to the principles and practices described
			 in
EPA/600/2-88/052, Lining of Waste Containment and Other Impoundment
			 Facilities, September 1988
.
(6) The Department may require the permittee
			 to hire a third-party contractor to perform the functions set forth below.
			 Selection of the contractor shall be subject to Department approval:
(a) Review and evaluate the design and
			 construction specifications of all mined-materials disposal facilities
			 permitted under this Division for functional adequacy and conformance with
			 Department requirements. The Department shall not approve construction of the
			 disposal facilities until the design and construction specifications have been
			 evaluated;
(b) Monitor the course
			 of construction of all mined-materials facilities for compliance with the
			 approved design and construction specifications. The third-party contractor
			 shall regularly document the progress of construction and the Department shall
			 require the permittee to take corrective action if construction does not
			 satisfactorily conform to the approved design and construction
			 specifications;
(c) Provide on-site
			 inspections during ongoing operations, including but not limited to the loading
			 of the heap, to assure protection of the integrity of the liner system and
			 other environmental protection measures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0090 - Control of Surface Water Run-On and Run-Off

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Surface water run-on and run-off shall be
			 controlled such that it will not endanger the facility or become contaminated
			 by contact with process materials or loaded with sediment. The control systems
			 shall be designed to accommodate a 100-year, 24-hour storm event, or any other
			 defined climatic event that is more appropriate to the site, and be placed so
			 as to allow for restoration of the natural drainage network, to the maximum
			 extent practicable, upon facility closure.
(2) All mined materials shall be properly
			 placed and protected from surface water and precipitation so as not to be
			 eroded and contribute sediment to site stormwater run-off or to otherwise
			 contaminate surface water.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0100 - Physical Stability of Retaining Structures and Emplaced Mine Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit
			 applicants must demonstrate to the Department that the design of chemical
			 processing facilities and waste disposal facilities is adequate to ensure the
			 stability of all structural components of the facilities during operation,
			 closure and post closure.
(2)
			 Retaining structures, foundations and mine materials emplacements shall be
			 designed by a qualified, registered professional and be constructed for
			 long-term stability under anticipated loading and seismic conditions.
(3) Temporary structures and materials
			 emplacements may, with written approval from the Department, be constructed to
			 a lesser standard if it can be shown that they pose no, or minimal, threat to
			 public safety or the environment.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0110 - Protection of Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wildlife shall be positively excluded from contact with chemical processing
			 solutions and wastewaters containing chemicals.
(2) The Department may waive the positive
			 exclusion requirement if the Oregon Department of Fish and Wildlife (ODF&W)
			 certifies to the Department that the project is designed such that it will
			 adequately protect wildlife.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.020 &ORS
				  498.046
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0130 - Guidelines for Disposal of Mill Tailings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mill tailings shall be treated by cyanide
			 removal, reuse, or destruction prior to disposal to reduce the amount of
			 cyanide introduced into the tailings pond to the lowest practicable level. The
			 permittee shall conduct laboratory column tests on mill tailings to determine
			 the lowest practicable concentration to which the WAD cyanide (weak-acid
			 dissociable cyanide as measured by
ASTM Method D2036-82 C
) can be
			 reduced. In no event, shall the permitted WAD cyanide concentration in the
			 liquid fraction of the tailings be greater than 30 ppm.
(2) The permittee shall determine the
			 potential for acid-water formation from the tailings by means of acid-base
			 accounting and other suitable laboratory static and dynamic tests. If acid
			 formation can occur, basic materials shall be added to the tailings in the
			 amount of three (3) times the acid formation potential or to give a net
			 neutralization potential of at least 20 tons of CaCO3per 1,000 tons of
			 tailings, whichever is greater, before placing tailings in the disposal
			 facility.
(3) The disposal facility
			 shall be lined with a composite double liner consisting of a flexible-membrane
			 synthetic top liner in tight contact with an engineered, stable, soil/clay
			 bottom liner (maximum coefficient of permeability of 10-7cm/sec) having a
			 minimum thickness of 36 inches. Construction of the liner shall generally
			 follow the principles and practices contained in
EPA/600/2-88/052, "Lining
			 of Waste Containment and Other Impoundment Facilities, September,
			 1988
.
(4) The disposal
			 facility shall be provided with a leachate collection system above the liner
			 suitable for monitoring, collecting and treating potential acid
			 drainage.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.020 &ORS
				  468B.160
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0140 - Guidelines for Disposal or Storage of Wasterock, Low-Grade Ore and Other Mined Materials

Current through Register Vol. 63, No. 7, July 1, 2024
The permittee shall determine the acid-producing and
				metals-release potential of the wasterock, low-grade ore or other mined
				materials by acid/base accounting and other appropriate static and dynamic
				laboratory tests. If the mined materials are shown to be potentially acid
				forming, or capable of releasing toxic metals, the permittee shall submit a
				plan for correction and disposal for Department approval prior to permanently
				placing the materials.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0150 - Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Heap-Leach and Tailings Disposal Facility Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 waste disposal facilities shall be closed under these rules in conjunction with
			 the reclamation requirements of DOGAMI (Oregon Department of Geology and
			 Mineral Industries).
(2) An updated
			 closure plan and post-closure monitoring and maintenance plan shall be
			 submitted to the Department by the permittee at least 180 days prior to
			 beginning closure operations or making any substantial changes to the
			 operation. The closure plan must be compatible with DOGAMI's reclamation plan
			 and may be part of it.
(3) Chemical
			 conveyances (ditches, troughs, pipes, etc.) not necessary for post-closure
			 monitoring shall be removed. The secondary containment systems shall be checked
			 before closure for process-chemical contamination, and contaminated soil or
			 other materials, if any, shall be removed to an acceptable disposal
			 facility.
(4) Closure of the
			 heap-leach facility:
(a) The heap shall be
			 detoxified over a suitable period of time prior to closure, using rinse/rest
			 cycles of rinsing and chemical oxidation, if necessary. The WAD cyanide
			 concentration in the rinsate shall be no greater than 0.2 ppm;
(b) Following detoxification as defined in
			 subsection (a) of this section, the heap shall be closed in place on the pad by
			 covering the heap with a cover designed to prevent water and air infiltration.
			 The cover should consist, at a minimum, of a low-permeability layer and
			 suitable drainage and soil layers to prevent erosion and damage by animals and
			 to sustain vegetation growth, in accordance with DOGAMI's reclamation
			 rules;
(c) The ponds associated
			 with the heap shall be closed by folding in the synthetic liners and filling
			 and contouring the pits with inert material. Residual sludge may be disposed of
			 in one of the on-site waste disposal facilities, provided it meets the criteria
			 for such wastes in these guidelines. The process chemical collection system of
			 the heap shall be maintained in operative condition so that it can be used to
			 monitor the amount and quality of infiltrated water, if any, draining from the
			 heap.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 43 - CHEMICAL MINING › Section 340-043-0160 - Post-Closure Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may continue its permit in force for thirty (30) years after closure
			 of the operation and will include permit requirements for periodic monitoring
			 to determine if release of pollutants is occurring.
(2) Monitoring data will be reviewed
			 regularly by the Department to determine the effectiveness of closure of the
			 disposal facilities. The Department will consult with DOGAMI on release of
			 security funds that would otherwise be needed to correct problems resulting
			 from ineffective closure.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.020,ORS 468B.050 &ORS
				  517.760