reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0070 - Permit Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for a
			 person assigned to the 700-PM general permit, a person required to have a WPCF
			 or NPDES permit is subject to a two-part fee consisting of the applicable
			 new-permit application fee and the annual fee in OAR 340-045-0075.
(a) A person submitting an application for a
			 new NPDES or WPCF permit must submit the amount equal to the new-permit
			 application fee and the first year's annual fee.
(b) A person is not required to submit a fee
			 with an application for renewal of a NPDES or WPCF permit, unless the permit is
			 to be modified as described in OAR 340-045-0075(5). A person requesting a
			 permit modification must submit the appropriate modification fee in OAR
			 340-045-0075  with the application.
(c) A person is not required to pay a fee for
			 modification of an existing, unexpired permit if DEQ initiates the modification
			 and determines the modification does not require re-filing or department review
			 of an application, plans, or specifications.
(d) When a governmental entity has an
			 agreement with DEQ to assist with implementing a general permit, DEQ may in
			 that agreement lower the general permit fees established in OAR 340-045-0075  and allow the governmental entity to collect the fee for DEQ and retain a
			 portion of the fee for its services.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0075 - Permit Fee Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR chapter
			 340, division 71 contains the fee schedule for onsite sewage disposal system
			 permits, including WPCF permits, and graywater reuse and disposal system WPCF
			 individual permits.
(2) DEQ
			 establishes fees for various industrial, domestic and general water quality
			 permits:
(a) Table 70A lists the application
			 and modification fees that apply to industrial NPDES and WPCF individual
			 permits.
(b) Table 70B lists the
			 annual fees that apply to industrial NPDES and WPCF individual
			 permits.
(c) Table 70C lists
			 application, modification and annual fees for domestic NPDES and WPCF
			 individual permits.
(d) Table 70D
			 lists annual population fees.
(e)
			 Table 70E lists annual pretreatment fees applicable to domestic wastewater
			 systems.
(f) Table 70I lists
			 application, annual and surcharge fees for Underground Injection Control rule
			 authorizations and general permits.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0080 - Effect of a Permit: Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A permittee in compliance with a National Pollutant Discharge Elimination
			 System (NPDES) permit during its term is considered to be in compliance for
			 purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403, and
			 405(a)-(b) of the federal Clean Water Act (CWA) and ORS
			 468B.030,
			 468B.035, and
			 468B.048, and implementing
			 rules, applicable to effluent limitations, including effluent limitations based
			 on water quality basin standards, and treatment systems operation requirements.
			 This section does not apply to:
(a) Toxic
			 effluent standards and prohibitions imposed under Section 307 of the CWA, and
			 OAR Chapter 340, Division 41;
(b)
			 Standards for sewage sludge use or disposal under Section 405(d) of the CWA;
			 or
(c) Groundwater quality
			 protection requirements as specified in OAR Chapter 340, Division
			 40.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0100 - Effect of a Permit: Initiation Level Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Definitions
. The definitions
			 in ORS
			 468B.138 are adopted by reference. In addition, for purposes of this rule, the following
			 definitions apply:
(a) "Persistent
			 Pollutants' are substances that are toxic and that either persist in the
			 environment or accumulate in the tissues of humans, fish, wildlife or plants,
			 and are listed in Column 2 of Table A.
(b) "Permittee' means a municipality in
			 possession of a National Pollutant Discharge Elimination System or water
			 pollution control facility permit issued by the DEQ pursuant to ORS
			 468B.050 for a sewage treatment facility that has a dry weather design flow capacity of
			 one million gallons per day or more.
(c) "Initiation level' is the concentration
			 of a persistent pollutant in a permittee's effluent that, if exceeded,
			 necessitates the preparation of a persistent pollutant reduction plan under ORS
			 468B.140.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 45 - REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS › Section 340-045-0105 - Effect of a Permit - Intake Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Provisions. The following
			 provisions apply to the consideration of intake pollutants in determining
			 reasonable potential under section (2) of this rule and the consideration of
			 intake pollutants in establishing water quality based effluent limits under
			 section (3) of this rule.
These provisions do not alter the permitting authority's
				obligation under
				40
				C.F.R. §
										122.44(d)(vii)(B) to develop
				effluent limitations consistent with the assumptions and requirements of any
				available waste load allocations for the discharge, that is part of a TMDL
				prepared by DEQ and approved by the U.S. EPA under
				40
				C.F.R. §
										130.7, or prepared by the EPA
				under
				40
				C.F.R. §
										130.7(d).
(a) An "intake pollutant" is the amount of a
			 pollutant that is present in public waters, including groundwater as provided
			 in subsection (d), below, at the time it is withdrawn from such waters by the
			 discharger or other facility supplying the discharger with intake water.
(b) An intake pollutant is
			 considered to be from the "same body of water" as the discharge if DEQ finds
			 that the intake pollutant would have reached the vicinity of the outfall point
			 in the receiving water within a reasonable period had it not been removed by
			 the permittee. This finding may be deemed established if:
(A) The background concentration of the
			 pollutant in the receiving water (excluding any amount of the pollutant in the
			 facility's discharge) is similar to that in the intake water;
(B) There is a direct hydrological connection
			 between the intake and discharge points; and
(C) Water quality characteristics (e.g.,
			 temperature, pH, hardness) are similar in the intake and receiving waters.
(c) DEQ may also
			 consider other site-specific factors relevant to the transport and fate of the
			 pollutant to make the finding in a particular case that a pollutant would or
			 would not have reached the vicinity of the outfall point in the receiving water
			 within a reasonable period had the permittee not removed it.
(d) An intake pollutant from groundwater may
			 be considered to be from the "same body of water" if DEQ determines that the
			 pollutant would have reached the vicinity of the outfall point in the receiving
			 water within a reasonable period had the permittee not removed it, except that
			 such a pollutant is not from the same body of water if the groundwater contains
			 the pollutant partially or entirely due to human activity, such as industrial,
			 commercial, or municipal operations, disposal actions, or treatment processes.
(e) The determinations made under
			 Sections (2) and (3), below, will be made on a pollutant-by-pollutant and
			 outfall-by-outfall basis.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to regulate the beneficial use of
				motor vehicle bodies, chassis, parts, and accessories in the waters of the
				state or in locations where they may be likely to escape or be carried into
				said waters by any means, and the means and method for their
				deposit.
Stat. Auth.:ORS 468B
Stats. Implemented:ORS
				  468B.065
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, as used in these
				rules:
(1) "Department" means the
			 Department of Environmental Quality.
(2) "Motor Vehicle Bodies and Parts Thereof"
			 means a chassis, body, or shell of a motor vehicle as defined byORS 482.010 or
			 of any vehicle as defined byORS 482.030, or parts and accessories of said motor
			 vehicle or vehicle.
(3) "Permit"
			 means a letter permit or approval for a deposit, in writing, executed by the
			 Director, Deputy Director, of the Department of Environmental Quality, or their
			 designated program chief.
Stat. Auth.:ORS 468B
Stats. Implemented:ORS
				  468B.065
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0015 - Beneficial Uses

Current through Register Vol. 63, No. 7, July 1, 2024
Beneficial uses of motor vehicle bodies and parts thereof in
				the waters of the state or in locations where they may be likely to escape or
				be carried into said waters by any means:
(1) The following are conditionally approved
			 beneficial uses of motor vehicle bodies and parts thereof:
(a) Land reclamation projects;
(b) Erosion control projects;
(c) The construction of artificial reefs for
			 fishery enhancement under auspices of the state or federal fishery management
			 agencies.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0020 - Requirements for Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
Permits and approval:
(1) Prior to any deposit of motor vehicle
			 bodies and parts thereof into the waters of the state or in a location where
			 they may be likely to escape or be carried into said waters by any means, a
			 person must first make application as prescribed in section (2) of this rule to
			 the Department and secure a written permit from said agency.
(2) Application. The application shall be in
			 a written, legible form and shall include the following mimimum information:
(a) The name, address, and organization, if
			 any, of the applicant;
(b) The
			 purpose and necessity for the deposit and whether it is for a long-term or
			 short-term project;
(c) The number
			 and amount of motor vehicle bodies and parts intended to be
			 deposited;
(d) The location and
			 name of the stream or other public waters or adjacent land area
			 involved;
(e) The time schedule,
			 method, and program contemplated by the applicant for deposit of the motor
			 vehicle bodies and parts deposited.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0025 - Specific Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 authorized for use, all motor vehicle bodies and parts thereof shall, prior to
			 their deposit:
(a) Be effectively drained of
			 all oil and fuel, chemicals and lubricants, and any other potential water
			 pollutant or contaminant;
(b) Have
			 all glass and windows removed.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0030 - Other Governmental Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Any permit or approval granted by the Department for the
				deposit of motor vehicle bodies or parts thereof into the waters of the state
				or in areas adjacent thereto does not supersede or obviate any municipal,
				county, state, or federal ordinance, regulation, or statutory requirements to
				the contrary.
Stat. Auth.:ORS 468B
Stats. Implemented:ORS
				  468B.065
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 46 - DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES INTO THE WATERS OF THE STATE › Section 340-046-0035 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person
			 shall:
(a) Deposit, discard, or place any
			 motor vehicle body or parts thereof into the waters of the state for any
			 purpose or in a location where they may be likely to escape or be carried into
			 the waters of the state by any means, without first complying with the
			 provisions of these rules and securing a written permit from the
			 Department;
(b) Violate the terms,
			 provisions, and conditions of a permit, nor present false information to the
			 Department in order to obtain a permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to describe procedures for
				processing applications for certification pursuant to Section 401 of the Clean
				Water Act,  33 USC sec. 1341, and ORS 468B.035 through
				468B.047.
Stat. Auth.: ORS 468
Stats. Implemented: ORS 468b.035 &  33 USC 1341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Certification" means a written
			 determination by the Director that an activity subject to Section 401 of the
			 Clean Water Act will comply with applicable provisions of Sections 301, 302,
			 303, 306, and 307 of the Clean Water Act,  33 U.S.C. sec. 1311, 1312, 1313, 1316, and 1317, including water quality standards established pursuant to
			 Section 303 as set forth in OAR chapter 340 division 041, and with other water
			 quality requirements set forth in this division. "Certification" also includes
			 any requirements set forth as conditions of a certification pursuant to
			 Subsection 401(d) of the Clean Water Act to ensure compliance with Sections
			 301, 302, 306, and 307 of the Clean Water Act, with water quality standards
			 established pursuant to Section 303 of the Clean Water Act as set forth in OAR
			 chapter 340, division 041, and with any other appropriate requirement of state
			 law.
(2) "Clean Water Act" means
			 the Federal Water Pollution Control Act of 1972, Public Law 92-500, as
			 amended.
(3) "Coast Guard" means
			 the U.S. Coast Guard.
(4)
			 "Commission" means the Oregon Environmental Quality Commission.
(5) "Corps" means the U.S. Army Corps of
			 Engineers.
(6) "Department" or
			 "DEQ" means the Oregon Department of Environmental Quality.
(7) "Director" means the Director of the
			 Department of Environmental Quality or the Director's delegate.
(8) "HART" means a Hydroelectric Application
			 Review Team convened pursuant to ORS 543A.075 or 543A.400(4)(b) for the purpose
			 of coordinating state agency actions regarding the federal relicensing and,
			 where applicable, state reauthorization of water rights for an existing
			 hydroelectric project.
(9) "Person"
			 means the United States and agencies thereof, a state and agencies thereof,
			 Tribe and agencies thereof, individual, public or private corporation,
			 political subdivision, local government, partnership, association, firm, trust,
			 estate, or any other legal entity.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 - 468B.047 &  33 USC 1341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0015 - When Certification Required

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to Section 401 of the Clean Water Act, an applicant
				for a federal license or permit to conduct any activity that may result in any
				discharge to navigable waters, including but not limited to the construction,
				operation, or decommissioning of facilities, must provide the federal licensing
				or permitting agency a certification from the department.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 - 468B.047 &  33 USC 1341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0027 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in sections (2) and (3) of this rule, the department must provide
			 written public notice of any proposed certification decision to potentially
			 interested persons and adjacent property owners identified in the application.
			 The notice must describe public participation opportunities, request comments,
			 and identify the proposed certification decision and any related documents as
			 available for public inspection and copying. The department must provide at
			 least 35 days for submission of written comments. If, within 20 days of the
			 public notice, 10 or more persons or an organization representing 10 or more
			 members request a public hearing on the proposed certification decision, the
			 department must provide a hearing within the 35-day public comment period or as
			 soon thereafter as reasonably practicable. The department may also provide a
			 public hearing on a proposed certification decision or provide informational
			 meetings regarding a certification application as it deems appropriate. The
			 Director must consider all comments received in making the final certification
			 decision.
(2) For certification
			 applications subject to coordination with the Corps, public participation will
			 be provided as set forth in OAR
			 340-048-0032.
(3) For certification applications subject to
			 coordination with a HART, public participation will be provided as set forth in
			 OAR
			 340-048-0037.
(4) Upon request, the department must add the
			 name of any person or group to the list of recipients of written public notice
			 regarding an activity.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 -
				  468B.047
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0032 - Dredge and Fill

Current through Register Vol. 63, No. 7, July 1, 2024
The department will coordinate with the Corps in the processing
				of certification applications for activities requiring permits from the Corps
				pursuant to Section 404 of the Clean Water Act, as follows:
(1) An application to the Corps for a permit
			 constitutes an application for certification, provided that the department may
			 request additional information as described in OAR
			 340-048-0020(2).
(2) The Corps provides public notice of and
			 opportunity to comment on the applications, including the application for
			 certification, provided that the department, in its discretion, may provide
			 additional opportunity for public comment, including public hearing.
(3) The department must evaluate the
			 certification application in accordance with OAR
			 340-048-0042(2)
 
			 and any public comments.
(4) The
			 Director's certification decision must be forwarded to the applicant and the
			 Corps.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 &  33USC 1341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0042 - Certification Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 90 days after an application is deemed complete by the department pursuant to
			 OAR
			 340-048-0020(4),
			 the department must provide written notice to the applicant that the
			 certification is granted or denied or that a further specified time period is
			 required to process the application. Any extension of time may not exceed one
			 year from the date the application is deemed complete, except that any
			 extension of time regarding certification of a hydroelectric project subject to
			 licensing by the Federal Energy Regulatory Commission may not exceed one year
			 from the date the application is received by the department.
(2) The department must evaluate whether the
			 activity for which certification is sought will comply with applicable
			 provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act,
			 water quality standards set forth in OAR chapter 340, division 041, and other
			 appropriate requirements of state law. In making this evaluation, the
			 department may consider, among other things:
(a) Potential alterations to water quality
			 that would either contribute to or cause violations of water quality standards
			 established in OAR chapter 340, division 041;
(b) Existing and potential designated
			 beneficial uses of surface water or groundwater that might be affected by the
			 activity;
(c) Potential water
			 quality impacts from the activity's use, generation, storage, or disposal of
			 hazardous substances, waste chemicals, or sludges;
(d) Potential modifications of surface water
			 quality or of water quantity that might affect water quality;
(e) Potential modifications of groundwater
			 quality that might affect surface water quality;
(f) Potential water quality impacts from the
			 construction of intake, outfall, or other structures associated with the
			 activity;
(g) Potential water
			 quality impacts from wastewater discharges;
(h) Potential water quality impacts from
			 construction activities; and
(i)
			 Compliance with plans applicable under Section 208 of the Clean Water
			 Act.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0045 - Issuance and Appeal of Certification Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department must provide a
			 certification decision to the applicant by mail or personal delivery in the
			 same manner as provided for service of notice under OAR
			 340-011-0097  and
			 provide written notice by appropriate means to public commenters on the
			 proposed certification decision. Any certification decision must include or be
			 accompanied by a notice of the applicant's opportunity to request a contested
			 case hearing regarding the certification decision.
(2) An applicant dissatisfied with a
			 certification decision, including any conditions to an approved certification,
			 may request a contested case hearing by filing an answer and request for
			 hearing in accordance with OAR 340-011-0107 within 20 days of mailing or
			 personal delivery of the notice of the certification decision by the
			 department. The hearing must be conducted in accordance with OAR chapter 340,
			 division 011 regarding contested cases.
(3) For purposes of the one-year period
			 prescribed in  33 USC sec. 1341, the certification decision is effective upon
			 the Director's issuance of the decision, notwithstanding any request for a
			 contested case hearing by the applicant or other judicial review.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 - 468B.047, 543.017,
				  543A.025 &  33 USC 1341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0050 - Modification or Revocation of a Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certification may be modified or
			 revoked by the Director if:
(a) The federal
			 license or permit for the activity is revoked or terminated;
(b) The federal license or permit or the
			 federal licensing or permitting agency allows modification of the activity in a
			 manner inconsistent with the certification;
(c) The certification application contained
			 false or inaccurate information regarding the activity that affects or might
			 affect compliance with water quality standards and requirements;
(d) Changes in conditions regarding the
			 activity or affected waterways since the certification was issued affect or
			 might affect compliance with water quality standards and
			 requirements;
(e) Certification
			 conditions are violated; or
(f)
			 Water quality standards, applicable federal laws, or other appropriate
			 requirements of state law have changed since the certification was
			 issued.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0055 - Fee Schedule for Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. The fees established in
			 this rule apply to any person, including a federal agency, submitting an
			 application for certification to DEQ.
(2) Fee Determinations. To determine the
			 appropriate fee to process and review an application for certification, DEQ
			 will do the following:
(a) Perform an initial
			 review of the application and other materials submitted;
(b) Determine the estimated program costs
			 incurred by DEQ in reviewing the proposed project based on the types of tasks
			 expected, the amount of staff time and other expenses, and assign a tier using
			 the criteria in Section (3);
(c)
			 Submit an invoice or, if necessary, multiple invoices, to the applicant based
			 on the appropriate fee schedule provided in Section (4); and
(d) As necessary, revise an assigned tier
			 based on documentation of the expected types of tasks or program costs
			 incurred, if appropriate, and notify the applicant of such revisions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0005 - Preface

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to help protect public health, the environment, and the water
			 resources of Oregon by establishing requirements regarding certification of
			 wastewater system (sewage treatment works) operators. The principal objectives
			 of the rules are to:
(a) Establish criteria
			 for classifying wastewater treatment and collection systems;
(b) Define the requirements and fees for
			 wastewater system owners whose systems must be supervised by an operator
			 certified under these rules;
(c)
			 Define the minimum qualifications for certifying wastewater system operating
			 personnel and supervisors;
(d)
			 Define the requirements and fees for persons who apply for certification,
			 including examination requirements, renewal certification and certification
			 through reciprocity;
(e) Establish
			 criteria for variances;
(f)
			 Establish penalties for violations of these rules;
(g) Establish fees for operator
			 certification; and
(h) Encourage an
			 adequate number of qualified wastewater system operators that are certified to
			 operate and maintain wastewater treatment or wastewater collection systems in
			 Oregon.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0020 - Classification of Wastewater Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All wastewater systems will be classified
			 by the Department as wastewater treatment systems and/or wastewater collection
			 systems, as appropriate, in accordance with the following classification
			 system:
(a) Small Wastewater Systems - 30
			 total points or less; less than 500 design population or less than 150
			 connections.
(b) Wastewater
			 Treatment Systems
(A) Class I - 30 total
			 points or less;
(B) Class II -
			 31-55 total points;
(C) Class III -
			 56-75 total points;
(D) Class IV -
			 76 or more points.
(c)
			 Wastewater Collection Systems:
(A) Class I -
			 1,500 or less design population;
(B) Class II - 1,501 to 15,000 design
			 population;
(C) Class III - 15,001
			 to 50,000 design population;
(D)
			 Class IV - 50,001 or more design population.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0025 - Criteria for Classifying Wastewater Treatment Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Design Population or Population
			 Equivalent Points:
(a) Less than 750 -
			 0.5points;
(b) 751 to 2000 - 1
			 point;
(c) 2001 to 5000 -
			 1.5points;
(d) 5001 to 10,000 - 2
			 points;
(e) Greater than 10,000 - 3
			 points plus 1 point per 10,000.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0030 - Minimum Qualifications for Wastewater Treatment System and Wastewater Collection System Operator Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minimum qualifications for Small
			 Wastewater Systems Operator Certification are as follows:
(a) Education: High school diploma, GED
			 certificate, or equivalent; and
(b)
			 Experience:
(A) Twelve months acceptable
			 operating experience at a Small Wastewater System; or
(B) Six months operating experience, not to
			 include credit for any related experience, and an Associate of Science degree
			 in water or wastewater technology, or Department approved Associate of Science
			 degree, or combination of community college, college or university education
			 accepted as equivalent to an Associate of Science degree in water or wastewater
			 technology, or a combination of department approved education and training,
			 and
(c) Examination:
			 Satisfactorily pass the Small Wastewater System examination.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0035 - Certification of Wastewater Treatment System and Wastewater Collection System Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be
			 considered for operator certification a person must file a complete application
			 with the Department using approved forms or technology by the filing deadline,
			 if any, established under these rules. The Department will consider only those
			 applications that are complete for processing and include all required
			 qualification information and documentation not already on file with the
			 Department and the appropriate fees. Applications that are incomplete, unsigned
			 or improperly signed, or that do not contain the required documentation will
			 not be accepted by the Department for filing.
(2) The Director will issue certificates to
			 persons meeting the education, experience and examination qualifications set
			 forth in OAR
			 340-049-0030  for the certificate type and grade sought. Grade I Provisional certificate
			 qualifications do not include an examination. The Director may refuse to issue
			 a certificate as provided in
			 340-049-0080.
(3) The Director may issue new certificates
			 with up to a two-year expiration date and subject to renewal requirements in
			 OAR
			 340-049-0040.
			 Exceptions include Provisional certificates, which expire after 12 months, and
			 new standard certificates issued to persons already certified under these
			 rules, which expire on the same date as the pre-existing
			 certificates.
(4) The Director will
			 issue a Grade I Provisional certificate valid for 12 months to persons meeting
			 the education and experience qualifications set forth in OAR
			 340-049-0030(2)(a)
			 and (3)(a). Upon qualification, including
			 passing a Grade I examination, the Director may issue a standard (renewable)
			 Grade I certificate. The Director may refuse to issue a certificate as provided
			 in
			 340-049-0080.
(5) Certificates in Wastewater Collection
			 System Operation issued by the Department on or before May 1, 1989, will
			 continue to be valid as long as certificate renewal and reinstatement
			 requirements are satisfied and certificates are not revoked.
(6) Each certificate issued will designate
			 the certificate type and grade of the person certified, and will have an
			 expiration date stated on the certificate or on an accompanying certificate
			 renewal card.
(7) The Department
			 will not consider an application for a new certificate, including a certificate
			 at a higher grade, if the certificate requested is for the same type, treatment
			 or collection, as an expired certificate that is still under the one-year
			 reinstatement period in OAR
			 340-049-0045.
			 Once the expired certificate is reinstated, an application for a new
			 certificate may be processed.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030
Stats. Implemented: ORS 448.410, 448.415 &
				  448.420
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0040 - Certification and Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to these requirements and OAR
			 340-049-0080,
			 a certificate holder may renew a certificate for up to a two-year period if the
			 certificate holder files a complete renewal application with the Department by
			 the certificate expiration date, includes payment of the renewal fee in
			 340-049-0065(1),
			 and provides satisfactory evidence to the Department of continuing education.
(a) The accumulation of a minimum of two CEUs
			 or two hours of community college, college or university credit every two years
			 in relevant subject matter as described in OAR
			 340-049-0030(4)
 
			 is considered satisfactory.
(b) The
			 Department will determine whether the CEUs or hours of credit are directly
			 relevant to a wastewater system operator's job tasks and required knowledge and
			 satisfy the continuing education requirement.
(c) A person holding both wastewater
			 treatment system and wastewater collection system operator certificates issued
			 under these rules must complete only a minimum of two CEUs or two hours of
			 community college, college or university credit to renew both
			 certificates.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0045 - Reinstatement of Expired Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will send a notice of
			 certificate expiration to each certificate holder at the last address of
			 record. Operators are not relieved of responsibility to reinstate their
			 certificates if they do not receive the notice.
(2) The Director will renew an expired
			 certificate if the certificate holder submits a renewal application within one
			 year of the date of expiration, including proof that renewal qualifications
			 have been met and payment of a reinstatement fee and the renewal fee in OAR
			 340-049-0065(1).
(3) If a certificate holder fails to renew an
			 expired certificate within one year following the date of expiration, the
			 certificate holder may re-apply for certification and must meet the
			 requirements established for a new applicant, including passing an examination
			 and payment of the application fee and examination fee.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030
Stats. Implemented: ORS 448.410, 448.415 &
				  448.420
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0050 - Certificate and Reciprocity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may accord a person with a valid certificate in good standing in
			 another state or province reciprocal treatment and issue a certificate without
			 examination when, in the judgment of the Director, the certification
			 examination requirements in the other state or province are substantially
			 equivalent to and the person's education and experience meet the requirements
			 set forth in this Division.
(2)
			 Persons requesting reciprocity must submit a complete application and pay the
			 reciprocity fee as listed in OAR
			 340-049-0065(1).
(3) The Department will not consider an
			 application for a new certificate by reciprocity, including a certificate at a
			 higher grade, if the certificate requested is of the same type, treatment or
			 collection, as an expired Oregon certificate that is still under the one-year
			 reinstatement period in OAR
			 340-049-0045.
			 Once the expired certificate is reinstated, an application for a new
			 certificate by reciprocity may be processed.
(4) The expiration date of a new operator
			 certificate by reciprocity where there exists a valid Oregon certificate will
			 be the same as the Oregon certificate.
(5) When such reciprocity is granted, the
			 person will be subject to the same requirements of renewal as any other persons
			 initially certified under these rules.
(6) The Director may refuse to issue a
			 certificate by reciprocity based on a person's failure to meet education,
			 experience or examination qualifications as stated above or any ground for
			 refusal in OAR
			 340-049-0080(1).
Stat. Auth.: ORS 448.410, 468.020 & 468B.030
Stats. Implemented: ORS 448.410, 448.415 &
				  448.420
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0060 - Operator Certification and Operator Certification Program Support Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operator
			 Certification Fees:
(a) All persons applying
			 for wastewater system operator certification must pay the applicable fee(s)
			 listed in OAR
			 340-049-0065(1);
(b) All applications for a new certificate or
			 certificate at a higher grade, but excluding applications for reciprocity,
			 require an examination and must be accompanied by a fee payment equal to the
			 sum of the appropriate application fee and examination fee as shown in OAR
			 340-049-0065(1)(a)
			 and (b);
(c) A reciprocity applicant found to be
			 ineligible for a certificate by reciprocity, who otherwise meets the education
			 and experience qualifications listed in OAR
			 340-049-0030,
			 may be scheduled for an initial certification examination in accordance with
			 340-049-0055  without
			 payment of an examination fee;
(d)
			 An applicant found to be ineligible for admission to a certification
			 examination at the requested grade, who otherwise meets the education and
			 experience qualifications for certification at a lower grade as listed in OAR
			 340-049-0030,
			 may be scheduled for an examination at the lower grade without payment of an
			 additional fee;
(e) The Department
			 will not process incomplete applications or applications not accompanied by
			 appropriate fee(s) and attachments, including documentation for all claims of
			 education.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0065 - Fee Schedules for Wastewater System Operator Certification and Operator Certification Program Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operator Certification Fee Schedule
(a) Application Fee:
(A) Small Wastewater Systems: $140
(B) Grade I or Grade I Provisional Treatment
			 or Collection: $140;
(C) Grade I or
			 Grade I Provisional Treatment and Collection: $200;
(D) Grade II Treatment or Collection:
			 $170;
(E) Grade III Treatment or
			 Collection: $200; and
(F) Grade IV
			 Treatment or Collection: $240.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0070 - Contracts for Part-Time Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a wastewater system owner enters
			 into a contract for part-time supervision with a certified operator or entity
			 employing a certified operator to comply with OAR
			 340-049-0015(3),
			 the contract must include at least the following:
(a) The parties involved, including names,
			 addresses and phone numbers of each;
(b) The name of each operator responsible for
			 supervising the wastewater system; the operator's certificate type, grade and
			 expiration date; and the operator's address and phone number;
(c) The specific starting date and expiration
			 date of the contract;
(d) The
			 minimum number of visits to be made to the wastewater system by the certified
			 operator(s) responsible for supervising the system; and
(e) The duties and responsibilities of each
			 party involved, including the certified operator(s).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0075 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may grant variances from requirements in this
				Division for wastewater system owners if the Department determines that strict
				compliance with the rules would be highly burdensome or impractical due to
				special conditions or causes, and that the public or private interest in the
				granting of the variance clearly outweighs the interest in the application of
				uniform rules.
(1) A wastewater system
			 owner must request a variance in writing and must demonstrate that the
			 requirements for a variance are satisfied;
(2) The Department will evaluate and process
			 the variance request as a permit action in accordance with OAR
			 340-045-0027(1)(a);
(3) The Director will notify the wastewater
			 system owner of the decision to grant or deny a variance in accordance with
			 applicable permit issuance procedures, set forth in OAR
			 340-045-0005, et
			 seq.;
(4) If the Director denies
			 the variance, the system owner may request a contested case hearing before the
			 Commission or its authorized representative. Such a request for hearing must be
			 made in writing to the Director within 20 days of the date of mailing of the
			 notification of the variance decision. Any hearing held will be conducted
			 pursuant to the regulations of the Department.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030
Stats. Implemented: ORS 448.405-448.430 & 448.992 &
				  468B.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0080 - Refusal and Revocation of Certificate and Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 may refuse to issue, renew or reinstate a certificate, or may suspend or revoke
			 the certificate of any person on the following grounds:
(a) Obtaining or renewing a certificate by
			 fraud, deceit, or misrepresentation; or
(b) Gross or repeated negligence,
			 incompetence or misconduct in performance of duties as an operator or
			 supervisor of a wastewater treatment system or wastewater collection system in
			 Oregon or any other state or province; or
(c) Failure of the operator to comply with
			 the lawful orders, rules or regulations of the Department; or
(d) Failure of the operator certified by
			 reciprocity to comply with the lawful orders, rules or regulations of any other
			 state, province, or certifying authority; or
(e) False or fraudulent reporting or
			 record-keeping by the operator regarding the operation or supervision of a
			 wastewater treatment system or wastewater collection system in Oregon or any
			 other state or province.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0082 - Penalty Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 municipal or private wastewater system owner who knowingly and willfully
			 violates any of the provisions of these rules may be subject to:
(a) Criminal penalties according to
			 provisions of ORS 448.992 or 448.415(2); and
(b) Civil penalties according to OAR 340,
			 division 12 for violations of NPDES or WPCF permits.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 49 - REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL › Section 340-049-0085 - Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will maintain an Advisory Committee to:
(a) Evaluate the effectiveness of the
			 program; and
(b) Recommend needs of
			 the program.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 50 - LAND APPLICATION OF DOMESTIC WASTEWATER TREATMENT FACILITY BIOSOLIDS, BIOSOLIDS DERIVED PRODUCTS, AND DOMESTIC SEPTAGE › Section 340-050-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 purpose of these rules and best management practices to protect the environment
			 and public health in Oregon by prescribing the methods, procedures and
			 restrictions required for the safe handling and use of domestic wastewater
			 treatment facility solids, biosolids, biosolids derived products, and domestic
			 septage. These rules implement a program for biosolids and domestic septage
			 management which satisfies or exceeds minimum federal regulations pertaining to
			 land application.
(2) Industrial
			 process water solids, agricultural wastes and sewerage waste water are not
			 included in these rules.
Stat. Auth.:ORS 468
Stats. Implemented:ORS
				  468B
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 50 - LAND APPLICATION OF DOMESTIC WASTEWATER TREATMENT FACILITY BIOSOLIDS, BIOSOLIDS DERIVED PRODUCTS, AND DOMESTIC SEPTAGE › Section 340-050-0006 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Environmental Quality Commission (EQC) encourages the land
				application of treated domestic wastewater biosolids, biosolids derived
				products, and domestic septage which are managed in a manner which protects the
				public health and maintains or improves environmental quality. These beneficial
				recyclable materials improve soil tilth, fertility, and stability and their use
				enhances the growth of agricultural, silvicultural, and horticultural
				crops.
Stat. Auth.: ORS 459.045, 468.020 &468B.095
Stats. Implemented:ORS 468.020  &468B.095