Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 42 - TOTAL MAXIMUM DAILY LOADS (TMDLS) › Section 340-042-0080 - Implementing a Total Maximum Daily Load

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Management strategies identified in a
			 WQMP to achieve wasteload and load allocations in a TMDL will be implemented
			 through water quality permits for those sources subject to permit requirements
			 in ORS
			 468B.050 and through sector-specific or source-specific implementation plans for other
			 sources. WQMPs will identify the sector and source-specific implementation
			 plans required and the persons, including DMAs, responsible for developing and
			 revising those plans.
(2) Nonpoint
			 source discharges of pollutants from forest operations on state or private
			 lands are subject to best management practices and other control measures
			 established by the Oregon Department of Forestry under the ORS
			 527.610 to
			 527.992 and
			 according to OAR chapter 629, divisions 600 through 665. Such forest
			 operations, when conducted in good faith compliance with the Forest Practices
			 Act requirements are generally deemed not to cause violations of water quality
			 standards as provided in ORS
			 527.770.
			 Where DEQ determines that there are adequate resources and data available, DEQ
			 will also assign sector or source specific load allocations needed for nonpoint
			 sources of pollution on state and private forestlands to implement the load
			 allocations. In areas where a TMDL has been approved, site specific rules under
			 the Forest Practices Act rules will need to be revised if DEQ determines that
			 the generally applicable Forest Practices Act rules are not adequate to
			 implement the TMDL load allocations. If a resolution cannot be achieved, DEQ
			 will request the EQC to petition the Board of Forestry for a review of part or
			 all of Forest Practices Act rules implementing the TMDL.
(3) In areas subject to the Agricultural
			 Water Quality Management Act the Oregon Department of Agriculture (ODA) under
			 ORS
			 568.900 to
			 568.933 and
			 561.191 and according to OAR chapter 603, divisions 90 and 95 develops and implements
			 agricultural water quality management area plans and rules to prevent and
			 control water pollution from agricultural activities and soil erosion on
			 agricultural and rural lands. Where DEQ determines that there are adequate
			 resources and data available, DEQ will also assign sector or source specific
			 load allocations needed for agricultural or rural nonpoint sources to implement
			 the load allocations. In areas where a TMDL has been approved, agricultural
			 water quality management area plans and rules must be sufficient to meet the
			 TMDL load allocations. If DEQ determines that the plan and rules are not
			 adequate to implement the load allocation, DEQ will provide ODA with comments
			 on what would be sufficient to meet TMDL load allocations. If a resolution
			 cannot be achieved, DEQ will request the EQC to petition ODA for a review of
			 part or all of water quality management area plan and rules implementing the
			 TMDL.
(4) Persons, including DMAs
			 other than the Oregon Department of Forestry or the Oregon Department of
			 Agriculture, identified in a WQMP as responsible for developing and revising
			 sector-specific or source-specific implementation plans must:
(a) Prepare an implementation plan and submit
			 the plan to DEQ for review and approval according to the schedule specified in
			 the WQMP. The implementation plan must:
(A)
			 Identify the management strategies the DMA or other responsible person will use
			 to achieve load allocations and reduce pollutant loading;
(B) Provide a timeline for implementing
			 management strategies and a schedule for completing measurable
			 milestones;
(C) Provide for
			 performance monitoring with a plan for periodic review and revision of the
			 implementation plan;
(D) To the
			 extent required by ORS
			 197.180 and OAR chapter 340, division 18, provide evidence of compliance with
			 applicable statewide land use requirements; and
(E) Provide any other analyses or information
			 specified in the WQMP.