Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0020 - Application for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for certification must be filed with the department, except for
			 applications filed with the Corps pursuant to OAR
			 340-048-0032.
(2) An application filed with the department
			 must contain, at a minimum, the following information:
(a) The legal name and address of the
			 activity's owner or operator;
(b)
			 The legal name and address of the owner's or operator's authorized
			 representative, if any;
(c) A
			 description of the activity's location sufficient to locate and distinguish
			 existing and proposed facilities and other features relevant to the water
			 quality effects of the activity;
(d) The names and addresses of contiguous
			 property owners;
(e) A complete
			 written description of the activity, including maps, diagrams, and other
			 necessary information;
(f) The
			 names of affected waterways, lakes, or other water bodies;
(g) Copies of and, as appropriate,
			 cross-references to environmental information submitted to the federal
			 licensing or permitting agency and other environmental information and
			 evaluations as necessary to demonstrate that the activity will comply with
			 applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean
			 Water Act, including water quality standards set forth in OAR chapter 340,
			 division 041, and other appropriate requirements of state law;
(h) A copy of any public notice and
			 supporting information issued by the federal licensing or permitting agency for
			 the activity;
(i) An exhibit that:
(A) Includes land use compatibility findings
			 for the activity prepared by the local planning jurisdiction;
(B) If land use compatibility findings have
			 not been obtained, identifies the specific provisions of the local land use
			 plan and implementing regulations applicable to the activity and describes the
			 relationship between the activity and each of the land use provisions
			 identified in paragraph (A) of this subsection; and
(C) Discusses the potential direct and
			 indirect relationship to water quality of each finding or land use
			 provision;
(j) An
			 exhibit that identifies and describes other requirements of state law
			 applicable to the activity that have any relationship to water quality,
			 including but not limited to requirements under ORS chapter 454 regarding
			 onsite disposal of sewage, ORS chapter 466 regarding spills of petroleum and
			 hazardous substances, ORS chapter 496 regarding fish and wildlife, and ORS
			 chapter 390 regarding recreation and scenic waterways;
(k) For new hydroelectric projects requiring
			 certification, in addition to the information required under subsections (a)
			 through (j) of this section, an exhibit that:
(A) Describes current water quality
			 potentially affected by the proposed project, describes the impact of the
			 proposed project to water quality, evaluates whether the proposed project will
			 cause or contribute to violations of water quality standards adopted pursuant
			 to OAR chapter 340 division 041, and identifies steps to be undertaken by the
			 applicant to prevent violation of water quality standards;
(B) Identifies applicable standards of ORS
			 543.017, rules adopted by the Water Resources Commission implementing such
			 standards, and rules or standards adopted by other state and local agencies
			 that are consistent with ORS 543.017;
(C) Describes the relationship between the
			 proposed project and each standard or rule identified in accordance with
			 paragraph (B) of this subsection; and
(D) Discusses the potential direct and
			 indirect relationship to water quality of each standard or rule.
(l) For existing hydroelectric
			 projects requiring both certification and reauthorization of water rights, in
			 addition to the information required under subsections (a) through (j) of this
			 section, an exhibit that:
(A) Describes
			 current water quality potentially affected by the existing project or activity,
			 describes the impact of the existing project or activity to water quality,
			 evaluates whether the existing project or activity causes or contributes to
			 violations of water quality standards adopted pursuant to OAR chapter 340
			 division 041, and identifies steps to be undertaken by the applicant to
			 mitigate or eliminate violation of water quality standards;
(B) Identifies applicable standards under ORS
			 543A.025(2) through (4), rules adopted by the Water Resources Commission
			 implementing such standards, and rules or standards adopted by other state and
			 local agencies that are consistent with such standards;
(C) Describes the relationship between the
			 project and each of the standards or rules identified in accordance with
			 paragraph (B) of this subsection; and
(D) Discusses the potential direct and
			 indirect relationship to water quality of each standard or rule.