reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 53 - GRAYWATER REUSE AND DISPOSAL SYSTEMS › Section 340-053-0110 - Permit Requirements for Graywater Reuse and Disposal Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Graywater reuse
			 and disposal system WPCF general permits. Under OAR
			 340-045-0033, the
			 department may issue general permits for certain categories of minor discharge
			 sources or minor activities where individual WPCF permits are not necessary to
			 adequately protect public health or the environment. The department will use
			 the following categories when issuing a graywater reuse and disposal system
			 WPCF general permit:
(a) Tier 1 graywater
			 reuse and disposal system WPCF general permit.
(A) A graywater reuse and disposal system
			 meeting the following criteria is eligible for coverage under a Tier 1
			 graywater reuse and disposal system WPCF general permit unless a specific
			 geographic area graywater reuse and disposal system WPCF general permit is
			 required:
(i) Total graywater flow must not
			 exceed 300 gallons per day;
(ii)
			 Graywater must only originate from a single family residence or residential
			 duplex; and
(iii) The system
			 produces Type 1 graywater used only for subsurface
			 irrigation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 this division establish procedures and requirements for funding projects and
			 activities that enhance, protect or restore water quality through the Water
			 Pollution Control Revolving Fund, called the Clean Water State Revolving
			 Fund.
(2) This division:
(a) Describes the means for a public agency
			 to obtain financing for a project that enhances, protects or restores water
			 quality.
(b) Describes the means
			 for a qualified institution to obtain financing to finance projects to (i)
			 repair or replace failing on-site septic systems or (ii) replace failing
			 on-site septic systems with connections to an available sewer.
(c) Ensures the loan application and funding
			 processes, procedures and requirements are clear.
(d) Promotes loan affordability by offering
			 below-market interest rates.
(e)
			 Ensures CWSRF's perpetuity for project funding reliability to provide loans for
			 future projects that enhance, protect or restore water quality.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0011 - Authorized Fund Uses

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will use the CWSRF only to:
(1) Make loans to eligible borrowers
			 identified in the Intended Use Plan developed under OAR 340-054-0025;
(2) Fund loan reserves specified in OAR
			 340-054-0036;
(3) Purchase bonds or
			 acquire other debt obligations incurred after March 7, 1985 as OAR 340-054-0071  provides;
(4) Pay CWSRF program
			 administration costs to the extent federal and state law allow;
(5) Earn interest on fund accounts;
(6) Establish reserves for bonds issued by
			 the state for use by the fund; or
(7) Pay principal and interest of bond
			 obligations sold to benefit the fund.
Statutory/Other Authority: ORS
				  468.020 & 468.440
Statutes/Other Implemented: ORS
				  468.423-468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0015 - Clean Water State Revolving Fund Loans: Eligible Projects and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 public agency may apply for a CWSRF loan up to 100 percent of the cost of a
			 water quality project or the project related costs for the following project
			 types:
(a) Implementing a management program
			 established under section 319 of the Clean Water Act.
(b) Developing and implementing a
			 comprehensive conservation and management plan under section 320 of the Clean
			 Water Act.
(c) Constructing,
			 repairing, or replacing decentralized wastewater treatment systems that treat
			 municipal wastewater or domestic sewage.
(d) Managing, reducing, treating, or
			 recapturing stormwater or subsurface drainage water.
(e) Developing and implementing watershed
			 projects meeting the criteria set forth in section 122 of the Clean Water
			 Act.
(f) Reusing or recycling
			 wastewater, stormwater, or subsurface drainage water.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0022 - Clean Water State Revolving Fund Loans: Loan Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 submittal. DEQ will notify interested parties at least annually of the
			 opportunity to submit applications for a CWSRF loan. An eligible applicant may
			 submit a CWSRF loan application to DEQ at any time.
(2) Consideration for funding. DEQ will
			 consider an applicant for funding only if its project is included in the
			 Intended Use Plan and its application meets all of this division's
			 requirements.
(3) All CWSRF loans.
			 An applicant must submit the following to DEQ:
(a) A complete application on the applicable
			 DEQ form;
(b) Documents specified
			 in the DEQ checklist of loan application requirements;
(c) Audited financial statements for the
			 three years preceding the application date and the applicant's current budget,
			 unless waived in writing by DEQ;
(d) Evidence the applicant has the authority
			 to undertake the project including, but not limited to, evidence of a loan
			 approval resolution or similar authorization for signing a loan agreement and
			 establishing a loan reserve account;
(e) Evidence the applicant has authority to
			 collect and pledge the revenue offered as repayment for a CWSRF loan, repay a
			 loan and, where applicable, the ability to ensure ongoing operation and
			 maintenance of the proposed project. DEQ may require an applicant to meet the
			 following criteria for a revenue-secured loan described under OAR
			 340-054-0065(2)  or OAR 340-054-0066(2):
(A) An
			 applicant's revenue stream is not at risk from undue dependence on a limited
			 portion of the system's or qualified institution's customer base or a pattern
			 of delinquent payment from that portion of the system's or qualified
			 institution's customer base, and
(B) An applicant must have the ability to
			 collect from delinquent customers;
(f) Pre-award compliance review report or
			 other evidence DEQ requires showing compliance with federal nondiscrimination
			 requirements;
(g) For projects
			 serving two or more public agencies, the executed inter-agency agreements,
			 contracts or other legally binding instruments necessary for financing,
			 constructing and operating the proposed project. The documents must be
			 satisfactory to DEQ for determining an adequate pledge of security;
(h) Evidence of resolution, ordinance or
			 other authorization approving bonds secured by sewer or other revenue sources
			 if required by DEQ;
(i) Official
			 statement of recently issued bonds if required by DEQ;
(j) A DEQ-approved certification that the
			 requirements for the cost and effectiveness analysis and the subsequent project
			 selection are completed as required by section 602(b)(13) of the CWA;
(k) Any other information DEQ requests as
			 necessary to complete the loan application.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0025 - Clean Water State Revolving Fund Loans: Intended Use Plan (IUP) and Project Priority List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) IUP
			 development. DEQ will annually develop and submit an IUP to EPA as described in
			 the CWA § 606 and 40
			 C.F.R. §
									35.3150. DEQ will update the
			 IUP as specified in section (2) of this rule. The IUP will describe how DEQ
			 proposes to fund projects through the CWSRF and will include a project priority
			 list that numerically ranks all eligible applications received.
(2) IUP update.
(a) Except as specified in subsection (b) of
			 this section, DEQ will update the annual IUP and project priority list at least
			 every four months or when DEQ receives five eligible applications, whichever
			 timeframe is shorter, and will submit the updated plan to EPA.
(b) If DEQ does not receive an eligible
			 application during a four-month period and determines the project priority list
			 does not need to be updated, DEQ will not update the IUP.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0026 - Clean Water State Revolving Fund Loans: CWSRF Project Ranking Criteria for Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Category 1.
			 Water quality standards and public health considerations.
(2) Category 2. Watershed and health
			 benefits.
(3) Category 3. Other
			 considerations.
Statutory/Other Authority: ORS
				  468.020 & 468.440
Statutes/Other Implemented: ORS
				  468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0027

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.020 &
				  468.440
Statutes/Other Implemented: ORS
				  468.423  - 468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0036 - Clean Water State Revolving Fund Loans to Public Agency Borrowers: Reserves, CWSRF General Fund and Project Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Allocation to reserves and CWSRF general
			 fund. DEQ will allocate available CWSRF funds in a state fiscal year first to
			 the small community, planning and green project reserves, and then to the CWSRF
			 general fund based on the following amounts:
(a) A maximum of 25 percent of the total
			 available CWSRF funds to the small community reserve;
(b) A maximum of $3 million to the planning
			 reserve;
(c) An amount at least
			 equal to the minimum required by the federal capitalization grant to the green
			 project reserve;
(d) Amount of
			 funds remaining, after allocation to the reserves as specified in subsections
			 (a) through (c) of this section of the rule, to the CWSRF general
			 fund.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0056 - Clean Water State Revolving Fund Loans: CWSRF Loan Use Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clean Water Act
			 plans. DEQ will only provide a loan to a project that is consistent with plans
			 developed under sections 303(e), 319 or 320 of the Clean Water Act.
(2) Refinancing a long-term loan. DEQ will
			 not provide a loan that will be used to refinance another lender's long-term
			 loan or other debt obligations.
(3)
			 Refinancing an interim loan. DEQ may provide a loan to refinance an interim
			 loan or self-generated funds used to pay DEQ-approved project costs if the
			 public agency borrower:
(a) Provides DEQ with
			 a written notice of intent to apply for long-term financing;
(b) Wants to proceed with the project using
			 interim financing or self-generated funds; and
(c) Agrees to proceed at its own risk whether
			 or not the CWSRF is available to provide long-term financing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0060 - Clean Water State Revolving Fund Loans to Public Agency Borrower: Loan Agreement and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will include conditions in a loan agreement that apply to
				the type of project being financed, including, but not limited to, the
				following:
(1) Timely use of loan
			 funding.
(a) DEQ may cancel a loan agreement
			 if a public agency borrower fails to begin using loan proceeds within two years
			 after signing a loan agreement.
(b)
			 Public agency borrowers that do not begin using loan proceeds within two years
			 after signing a loan agreement will have a choice of canceling the loan and
			 reapplying for DEQ funding or paying holding costs to DEQ.
(A) Holding costs are, on an annual basis,
			 the estimated amount of the loan interest payable to DEQ, less the amount of
			 the interest DEQ earned from the Treasurer's investment of funds for DEQ's
			 account. DEQ will itemize holding costs on a semi-annual invoice DEQ sends to
			 the public agency borrower. The public agency borrower must pay these costs
			 within 30 days after DEQ sends the invoice.
(B) A public agency borrower may apply for a
			 one-time one year extension to begin using loan proceeds.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0065 - Clean Water State Revolving Fund Loans to Public Agency Borrowers: Loan Types, Terms and Interest Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Loan types. A CWSRF loan to a public agency borrower must be one of the
			 following:
(a) A loan secured by a general
			 obligation bond, as defined in ORS
			 287A.001(10).
(b) A loan secured by the public agency
			 borrower's pledge of its full faith and credit and taxing power, as described
			 in ORS 287A.315.
(c) A loan agreement, bond or other
			 unconditional obligation that meets the requirements specified in section (2)
			 of this rule.
(d) An alternative
			 loan that meets the requirements specified in section (3) of this
			 rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0066 - Clean Water State Revolving Fund Loans to CDFI Borrowers: Loan Conditions and Agreements, Terms, and Interest Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CWSRF loan to a CDFI Borrower may
			 only be used to finance projects to (i) repair or replace failing on-site
			 septic systems or (ii) replace failing on-site septic systems with connections
			 to an available sewer.
(2) A CWSRF
			 loan to a CDFI Borrower must be secured by one or a combination of the
			 following, as determined to be appropriate by DEQ, and incorporated in the loan
			 agreement:
(a) The CDFI Borrower's pledge of
			 available net assets,
(b) A
			 security interest in the CWSRF sub-loan portfolio, including the revenues,
			 income and proceeds of the portfolio;
(c) A security interest in a deposit account,
			 or
(d) Other obligations
			 acceptable to DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0071 - Purchase and Refinancing a Public Agency's Debt Obligation: Debt Obligation Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may use the CWSRF to buy a public agency's debt obligation
				subject to all of the following limitations:
(1) The debt was incurred after March 7,
			 1985.
(2) The debt obligation does
			 not exceed 30 years.
Statutory/Other Authority: ORS
				  468.020 &
				  468.440
Statutes/Other Implemented: ORS
				  468.423  - 468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0072 - Purchase and Refinancing of a Public Agency's Debt Obligation: Bond Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application requirements. All application requirements for a CWSRF loan as
			 specified in OAR 340-054-0022  apply to a bond purchase under this
			 rule.
(2) Intended Use Plan and
			 project priority list. All applications for a bond purchase are subject to IUP
			 and project priority list development in the same manner as specified in OAR
			 340-054-0025.
(3) Project ranking
			 criteria. All applicants for a bond purchase will be ranked based on the point
			 sum from the criteria specified in OAR 340-054-0026  and 340-054-0027.
(4) Reserves, CWSRF general fund and project
			 funding. DEQ will allocate reserves and CWSRF general funds for a bond purchase
			 in the same manner as specified in OAR 340-054-0036.
(5) Requirements for a bond purchase.
(a) Clean Water Act plans. DEQ will only
			 purchase a bond whose proceeds are used to finance a project that is consistent
			 with plans developed under sections 303(e), 319 or 320 of the Clean Water
			 Act.
(b) Refinancing an interim
			 loan. A public agency may sell a bond to DEQ to refinance an interim loan or
			 reimburse itself for self-generated funds used to pay DEQ-approved project
			 costs for treatment works if the public agency meets the conditions in OAR
			 340-054-0056(3).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020 & 468.440
Stats. Implemented: ORS 468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0102 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020 & 468.440
Stats. Implemented: ORS 468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0104 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020 & 468.440
Stats. Implemented: ORS 468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0106 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020 & 468.440
Stats. Implemented: ORS 468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0108 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020 & 468.440
Stats. Implemented: ORS 468.423 -
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR
				340-055-0005  to
				340-055-0030) prescribe requirements for the use of recycled water for beneficial purposes.
				The purpose of this division is to protect the environment and public health in
				the State of Oregon.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS 468B.015 &
				  468B.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0007 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Environmental Quality Commission to
				encourage the use of recycled water for domestic, agricultural, industrial,
				recreational, and other beneficial purposes in a manner which protects public
				health and the environment of the state. The use of recycled water for
				beneficial purposes will improve water quality by reducing discharge of treated
				effluent to surface waters, reduce the demand on drinking water sources for
				uses not requiring potable water, and may conserve stream flows by reducing
				withdrawal for out-of-stream use.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS
				  468B.015
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0012 - Recycled Water Quality Standards and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person having control over the
			 treatment or distribution or both of recycled water may distribute recycled
			 water only for the beneficial purposes described in this rule, and must take
			 all reasonable steps to ensure that the recycled water is used only in
			 accordance with the standards and requirements of the rules of this
			 division.
(2) Any person who uses
			 recycled water may use recycled water only for the beneficial purposes
			 described in this rule, and must comply with the standards and requirements of
			 this rule and the rules of this division.
(3) The following requirements apply to
			 nondisinfected recycled water.
(a) Beneficial
			 Purposes. Nondisinfected recycled water may be used only for the following
			 beneficial purposes and only if the rules of this division are met:
(A) Irrigation for growing fodder, fiber,
			 seed crops not intended for human ingestion, or commercial timber;
			 and
(B) Any beneficial purpose
			 authorized in writing by the department pursuant to OAR
			 340-055-0016(6).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0013 - Exempted Use of Recycled Water

Current through Register Vol. 63, No. 7, July 1, 2024
Recycled water used by a wastewater treatment system owner for
				landscape irrigation or for in plant processes at a wastewater treatment system
				is exempt from the rules of this division if:
(1) The recycled water is an oxidized and
			 disinfected wastewater;
(2) The
			 recycled water is used at the wastewater treatment system site where it is
			 generated or at an auxiliary wastewater or sludge treatment facility that is
			 subject to the same NPDES or WPCF permit as the wastewater treatment system.
			 Contiguous property to the parcel of land upon which the treatment system is
			 located is considered the wastewater treatment system site if under the same
			 ownership;
(3) Spray or drift or
			 both from the use does not occur off the site; and
(4) Public access to the site is
			 restricted.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0016 - General Requirements for Permitting the Use of Recycled Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NPDES or WPCF
			 permit. A wastewater treatment system owner may not provide any recycled water
			 for use unless authorized by a NPDES or WPCF permit issued by the department
			 pursuant to OAR chapter 340, division 045.
(2) Recycled water use plan.
(a) Except for use of recycled water
			 authorized by a NPDES or WPCF permit, a wastewater treatment system owner may
			 not provide any recycled water for distribution or use or both until a recycled
			 water use plan meeting the requirements of OAR
			 340-055-0025  has been approved in writing by the department. Upon approval of the plan, the
			 permittee must comply with the conditions of the plan.
(b) Before approving or modifying any plan
			 for the use of Class C, Class D, or nondisinfected recycled water, the
			 department will submit the proposed plan to the Oregon Department of Human
			 Services for comment.
(c) For use
			 of recycled water previously authorized under a NPDES or WPCF permit but
			 without a department approved recycled water use plan, the wastewater treatment
			 system owner must submit a recycled water use plan to the department within one
			 year of the effective date of these rules.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0017 - Treatment and Use of Recycled Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Alternative treatment process. The
			 department may approve in writing an alternative wastewater treatment process
			 not specified in the rules of this division if it is demonstrated that the
			 treatment is equivalent to and can achieve the recycled water criteria required
			 for a specific beneficial purpose.
(2) Additional treatment. A person using
			 recycled water from a wastewater treatment system may provide additional
			 treatment for a different class of recycled water that is identified in this
			 division. The wastewater treatment system owner providing the additional
			 treatment is subject to the rules of this division and must have a NPDES or
			 WPCF permit issued by the department.
(3) Blending recycled water. The department
			 may approve on a case-by-case basis blending recycled water with other water if
			 proposed by a wastewater treatment system owner. Before blending recycled
			 water, the owner must obtain written authorization from the department. In
			 obtaining authorization, the wastewater treatment system owner must submit to
			 the department, at a minimum the following:
(a) An operations plan,
(b) A description of any additional treatment
			 process,
(c) A description of
			 blending volumes, and
(d) A range
			 of final recycled water quality at the compliance point identified in the NPDES
			 or WPCF permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0020 - Groundwater Quality Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Recycled water will not be authorized for use unless all
				groundwater quality protection requirements in OAR chapter 340, division 40 are
				met. The requirements in OAR chapter 340, division 40 are considered to be met
				if the wastewater treatment system owner demonstrates recycled water will be
				used or land applied in a manner and at a rate that minimizes the movement of
				contaminants to groundwater and does not adversely impact groundwater quality.
				If the use of recycled water occurs within a designated groundwater management
				area, the department may require additional conditions to be
				met.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS 468B.150 -
				  468B.190
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0022 - Monitoring and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will include in a NPDES or WPCF permit authorizing the use of
			 recycled water, at a minimum, the monitoring requirements in OAR
			 340-055-0012.
(2) When chlorine or a chlorine compound is
			 used as a disinfecting agent, the department may specify in the NPDES or WPCF
			 permit a minimum chlorine residual concentration. When other disinfecting
			 agents are used, the department may require additional monitoring requirements
			 to assure adequate disinfection.
(3) The department will include in a NPDES or
			 WPCF permit authorizing the use of recycled water, a requirement that the
			 wastewater treatment system owner submit an annual report to the department
			 describing the effectiveness of the system to comply with the approved recycled
			 water use plan, the rules of this division, and the permit limits and
			 conditions for recycled water.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS 468B.030 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0025 - Recycled Water Use Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 recycled water use plan must describe how the wastewater treatment system owner
			 will comply with the rules of this division and must include, but is not
			 limited to, the following:
(a) A description
			 of the wastewater treatment system, including treatment efficiency
			 capability;
(b) A detailed
			 description of the treatment methods that will be used to achieve a specific
			 class of recycled water and for what beneficial purpose;
(c) The estimated quantity of recycled water
			 to be provided by the wastewater treatment system owner to the user, and at
			 what frequency and for what beneficial purpose;
(d) A description of contingency procedures
			 that ensure the requirements of this division are met when recycled water is
			 provided for use;
(e) Monitoring
			 and sampling procedures;
(f) A
			 maintenance plan that describes how the wastewater treatment system equipment
			 and facility processes will be maintained and serviced;
(g) If notification is required by the rules
			 of this division, a description of how the public and personnel at the use area
			 will be notified; and
(h) A
			 description of any measuring and reporting requirements identified by the
			 Oregon Water Resources Department after consultation with that
			 agency.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0030 - Operational Requirements for the Treatment and Distribution of Recycled Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bypassing.
			 The intentional diversion of wastewater from any unit process in the wastewater
			 treatment system for a beneficial purpose is not allowed, unless with the unit
			 process out of service the recycled water meets the criteria of this division
			 for a specific class and beneficial purpose described in the recycled water use
			 plan.
(2) Alarm devices. Alarm
			 devices are required to provide warning of power loss and failure of process
			 equipment essential to the proper operation of the wastewater treatment system
			 and compliance with this division.
(3) Standby power. Unless otherwise approved
			 in writing by the department, a wastewater treatment system providing recycled
			 water for use must have sufficient standby power to fully operate all essential
			 treatment processes. The department may grant an exception to this section only
			 if the wastewater treatment system owner demonstrates that power failure will
			 not result in inadequately treated water being provided for use and will not
			 result in any violation of an NPDES or WPCF permit limit or condition or Oregon
			 Administrative Rule.
(4)
			 Redundancy. A wastewater treatment system that provides recycled water for use
			 must have a sufficient level of redundant treatment facilities and monitoring
			 equipment to prevent inadequately treated recycled water from being used or
			 discharged to public waters.
(5)
			 Distribution system requirements. Unless otherwise approved in writing by the
			 department, all piping, valves, and other portions of the recycled water use
			 system that is outside a buildingmust be constructed and marked in a manner to
			 prevent cross-connection with a potable water system. Unless otherwise approved
			 in writing by the department or as required by the rules of this division,
			 construction and marking must be consistent with sections (2), (3), (4), and
			 (5) of the 1992 "Guidelines for the Distribution of Nonpotable Water" of the
			 California-Nevada Section of the American Water Works Association.
(6) Cross-connection control. Connection
			 between a potable water supply system and a recycled water distribution system
			 is not authorized unless the connection is through an air gap separation
			 approved by the department. A reduced pressure principle backflow prevention
			 device may be used only when approved in writing by the department and the
			 potable water system owner.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020, 468.705 & 468.710
Stats. Implemented: ORS 468B.030 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 55 - RECYCLED WATER USE › Section 340-055-0066 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.440
Statutes/Other Implemented: ORS
				  468.423  - 468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 provide the framework for the Department to apply to the Water Resources
			 Department for instream water rights for pollution abatement. Instream water
			 rights protect streamflows for public uses, as defined in OAR
			 340-056-0100,
			 including pollution abatement. The rules set the policy, definitions,
			 procedures, and methodologies by which the Department will prioritize
			 waterbodies for water rights application, determine the streamflow needed to
			 protect water quality, and apply to WRD for instream water rights to protect
			 those flow levels.
(2) The
			 Environmental Quality Commission (EQC) has adopted numeric and narrative
			 standards and policies to protect the beneficial uses of state waters (OAR
			 Chapter 340, Division 41 specifies the beneficial uses and the standards and
			 policies). The amount of pollutants discharged to a receiving stream, the
			 activity occurring adjacent to or within the stream, and the amount of
			 streamflow present, determine whether a stream will achieve the water quality
			 standards. The following rules identify the process whereby the Department will
			 apply for instream water rights for streamflows needed to assimilate loads
			 and/or impacts of adjacent or instream activities in order to protect and
			 maintain water quality standards.
Stat. Auth.:ORS 468.020 &ORS 468B.048
Stats. Implemented:ORS 468B.048 &ORS 537.332 -ORS
				  537.360
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0015 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 policy of the Environmental Quality Commission:
(a) To implement a water quality program goal
			 to prevent, abate and control waste discharges to the waters of the state to
			 ensure that water quality standards are maintained and beneficial uses are
			 protected;
(b) To apply for
			 instream water rights for pollution abatement where such action provides a
			 public benefit as defined in OAR
			 340-056-0100, subject
			 to available resources, and subject to the priorities and criteria set forth in
			 these rules;
(c) To maintain
			 streamflows in water quality limited receiving streams to assimilate the
			 identified total maximum daily pollution load;
(d) To protect streamflows as needed in
			 Outstanding Resource Waters and High Quality Waters to ensure that water
			 quality standards are maintained and beneficial uses are protected.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0200 - Selection of Receiving Waters for Instream Water Rights Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will consider waters of the state for instream water rights application in the
			 following priority order, but reserves the right to apply for an instream water
			 right on a waterbody in any category before another:
(a) Water Quality Limited waters as defined
			 in OAR
			 340-056-0100(18)(a),
			 and identified as 303d1 water quality limited waters in Appendix A of the
			 Biennial Water Quality Assessment (305b) Report;
(b) Outstanding Resource Waters;
(c) All other waters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0300 - Instream Water Rights Evaluation and Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 has established an instream water rights program that includes priorities and
			 procedures for developing instream water rights applications, and methodologies
			 to determine the amount of flow required to protect and maintain water
			 quality.
(2) The Department will
			 evaluate the need to establish instream water rights on a receiving stream by
			 examining the relevant information available for the stream segment, and
			 determining whether the stream segment meets the criteria listed in OAR
			 340-056-0200(3)
			 or (4).
(3) For those stream segments that meet the
			 priorities and criteria set forth in this rule, the Department will determine
			 the flow level needed using an appropriate methodology identified in OAR
			 340-056-0400,
			 and apply for an instream water right.
(4) In order to apply for an instream water
			 right, the Department will submit an application to WRD which includes the
			 information specified in OAR
			 690-077-0020,
			 rules of the WRD.
(5) The
			 Department will notify local govern-ments and the public of the intent to file
			 an instream water right application before it is submitted to WRD and will
			 provide an opportunity for public comment not to exceed 30 days. The Department
			 will consider only comment and information pertinent to the water quality flow
			 determination analysis at this time, and not comment pertaining to the
			 permitting authority of WRD. WRD provides notice of all applications and
			 accepts public comment for their broader review and permitting function
			 following submittal of the water right application. Notification of the intent
			 to file an application and the opportunity for public comment will be provided
			 to the local newspaper, to local governments, and to parties who have requested
			 notification from the Department.
(6) The Department will submit the draft
			 application to ODFW and Parks for review and comment prior to submission to
			 WRD.
(7) ODFW and Parks may
			 incorporate other public uses into a Department application and jointly apply
			 with the Department for instream water rights in accordance with OAR
			 690-077-0020.
(8) Upon notice that ODFW or Parks is
			 requesting an instream water right, the Department may jointly apply for an
			 instream water right with the other agency(ies) for the amount of flow needed
			 for pollution abatement, provided the criteria listed in OAR
			 340-056-0200(3)
			 and (4)  are met.
(9) The Department will prepare a policy
			 analysis of the draft application and provide this analysis to the Commission
			 for comment prior to submitting the application to WRD.
(10) The final application shall be signed by
			 the Director or the Director's designated representative and submitted to the
			 WRD.
Stat. Auth.:ORS 537.332 -ORS 537.360
Stats. Implemented:ORS 537.332 -ORS
				  537.360
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0320 - Periodic Review of Instream Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Instream water rights held in trust by
			 the Water Resources Department for the purpose of pollution abatement shall be
			 reviewed by DEQ as follows:
(a) For stream
			 segments subject to a Total Maximum Daily Load, instream water rights shall be
			 reviewed within one year of the date the load and waste load allocations are
			 achieved, and at least once in every five year period thereafter;
(b) When a discharge permit is cancelled or
			 denied, or permit limits are substantially reduced, instream flow needs will be
			 reevaluated;
(c) In basins with
			 active nonpoint source control programs, instream flow needs will be
			 reevaluated at least once in every ten year period;
(d) All other instream water right for water
			 quality will be reviewed once in every ten-year period.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.710, ORS 459.712, ORS 459.715,
				  ORS 459.720, ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS
				  459.705
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & 459.785
Stats. Implemented: ORS 459.705, 459.708, 459.710 &
				  457.715
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0018

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.720, ORS 459.725 & ORS
				  459.730
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.720, ORS 459.725 & ORS
				  459.730
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0022

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & 459.785
Stats. Implemented: ORS
				  459.720
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.705, ORS 459.710, ORS 459.720  & ORS 459.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.735, ORS 459.740 & ORS
				  459.745
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  459.770 &
				  459.785
Statutes/Other Implemented: ORS
				  459.268,
				  459.710,
				  459.715  & 459.720
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.268, ORS 459.755 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.268, ORS 459.710, ORS 459.715,
				  ORS 459.720, ORS 459.755 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS
				  459.715
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0052

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS
				  459.710
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0055

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020, 459.045 & 459.785
Stats. Implemented: ORS
				  459.708
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0063

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.705, ORS 459.712, ORS 459.730  & ORS 459.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.745, ORS 459.750 & ORS
				  459.755
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0075

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS
				  459.755
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS
				  459.708
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.710, ORS 459.772, ORS
				  459.775& ORS 459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459
Stats. Implemented: ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780