reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0170 - Required Elements of A Wellhead Protection Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Wellhead Protection Plan shall contain
			 and address the following seven elements:
(a)
			 Specification of Duties:
(A) The Plan shall
			 identify all the Responsible Management Authorities within a Wellhead
			 Protection Area. The jurisdictional boundaries of each Responsible Management
			 Authority shall be shown on a map;
(B) For each Responsible Management Authority
			 identified, the expectations, their respective responsibilities, and the duties
			 they will perform with regards to implementing the Plan must be
			 identified;
(C) The Plan shall
			 either:
(i) Have all Responsible Management
			 Authorities in the Wellhead Protection Area sign the Wellhead Protection Plan
			 indicating that they will implement the actions outlined for their
			 juris-diction in the Plan; or
(ii)
			 Describe the procedure used to notify and attempt to involve those Responsible
			 Management Authorities not willing to sign the Plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0180 - Certification Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a
			 Wellhead Protection Plan to be certified by the Department, the Plan must meet
			 requirements specified in OAR
			 340-040-0170.
(2) The Department shall act as the contact
			 point for development and approval of Wellhead Protection Plans. The Department
			 shall coordinate with other governmental entities so that the Plan is
			 consistent with the requirements of those govern-mental entities before
			 Department certification of the Plan is granted.
(3) The Health Division shall be responsible
			 for certifying the delineation, and reviewing contingency plans and the new
			 wells elements of the Plan as provided for under OAR
			 333-061-0020  through
			 OAR
			 333-061-0065.
			 The Department shall accept the Health Division's recommendations and
			 certification.
(4) After
			 consultation with the Department of Agriculture on agricultural issues, the
			 Department of Land Conservation and Development on land use issues, the Health
			 Division, and other governmental entities as appropriate, the Department shall
			 be responsible for reviewing the remaining elements and giving the overall
			 certification for each local Wellhead Protection Plan if each element is found
			 to be adequately addressed.
(5)
			 Within 60 days of the receipt of a request for certification of a Wellhead
			 Protection Plan, the Department will send a written acknowledgment of receipt
			 of the request and an estimated date for Department review and certification of
			 the Plan.
(6) After certification
			 of the plan, the Department will provide a written certification of completion
			 to all signatories to the Plan.
Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468 & ORS
				  468B
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0190 - Update Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Wellhead Protection Plan must be recertified every five years from the date of
			 prior Department certification.
(2)
			 Recertification of the present Plan can take place if all the following
			 conditions apply:
(a) No conditions that could
			 potentially modify the boundaries of the Wellhead Protection Area have
			 occurred;
(b) An updated inventory
			 is completed and submitted which shows that no new potential sources of
			 contamination have moved into the Wellhead Protection Area which are not
			 addressed in the existing Plan;
(c)
			 The management practices outlined in the existing Plan are still appropriate
			 and being implemented;
(d) The
			 existing contingency element in the Plan is still relevant; and
(e) All signatories to the existing Plan
			 agree to recertify the Plan by signing the recertification request
			 letter.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0200 - Decertification Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 signatories to a Wellhead Protection Plan do not recertify or submit for
			 recertification their previously certified Wellhead Protection Plan, then the
			 Plan is automatically decertified until such time as the signatories of the
			 Plan recertify the Plan through the update procedure per OAR
			 340-040-0190.
(2) Any Responsible Management Authority that
			 is a signatory to a certified Plan shall have the ability to withdraw from
			 participation in a Wellhead Protection Plan and the certification process. The
			 Department shall review the plan to determine if the plan is still certifiable
			 without the participation of the withdrawing Responsible Management
			 Authority.
(3) A plan can also be
			 decertified by the Department if it comes to the Department's attention that a
			 signatory to a plan is not or has not adhered to and implemented the certified
			 Plan.
(4) To decertify a Wellhead
			 Protection Plan, the Department will send a certified letter to all signatories
			 to the Plan detailing the reason(s) why the Department believes the certified
			 Plan is or was not being followed or is no longer valid and the Department's
			 intent to decertify the Plan:
(a) The
			 signatories to the Plan will have 30 days to respond as to why their Plan
			 should not be decertified;
(b) The
			 Department will review the signatories response and make a determination as to
			 whether the Plan is still certifiable;
(c) The Department will then send a copy of
			 its decision to all signatories of the Plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0210 - Appeal Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Final Department decisions regarding certification,
				recertification, or decertification are not subject to contested case hearing
				rights but are reviewable under ORS 183.484.
Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468 & ORS
				  468B
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0001 - Preface

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules that
			 follow, together with the applicable laws of the State of Oregon and the
			 applicable regulations of the Environmental Quality Commission (the
			 Commission), set forth Oregon's plans for management of the quality of public
			 waters within the State of Oregon.
(2) Under this plan, the Department of
			 Environmental Quality will continue to manage water quality by evaluating
			 discharges and activities, whether existing or a new proposal, on a
			 case-by-case basis, based on best information currently available and within
			 the limiting framework of minimum standards, treatment criteria and policies
			 which are set forth in the plan.
(3) The Commission recognizes that the
			 deadlines for adoption of this plan prevented thorough involvement by local
			 government in the development and review of the plan. Accordingly, the
			 Department will review the contents of this plan with affected local
			 governments and will use their comments and suggestions in preparing amendments
			 for consideration by the Commission not later than December, 1977. At a
			 minimum, the processes of coordination with local governments will consist of
			 the following elements:
(a) Work with county
			 coordinators to set up meetings to explain the plan to groups of local
			 governments and solicit their comments;
(b) Provide copies of the plan and supporting
			 documents to any affected local governments who have not already received
			 them;
(c) Seek input from councils
			 of governments;
(d) Upon request,
			 visit local level governments to discuss the plan;
(e) Work with Statewide associations of local
			 governments and others to inform local governments of the plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0004 - Antidegradation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of the Antidegradation Policy is to guide decisions that affect water
			 quality to prevent unnecessary further degradation from new or increased point
			 and nonpoint sources of pollution, and to protect, maintain, and enhance
			 existing surface water quality to ensure the full protection of all existing
			 beneficial uses. The standards and policies set forth in OAR 340-041-0007  through 340-041-0350  supplement the Antidegradation Policy.
(2) Growth Policy. In order to maintain the
			 quality of waters in the State of Oregon, it is the commission's general policy
			 to require that more efficient and effective waste treatment and control
			 accommodate growth and development such that measurable future discharged waste
			 loads from existing sources do not exceed presently allowed discharged loads
			 except as provided in section (3) through (9) of this rule.
(3) Nondegradation Discharges. The following
			 new or increased discharges are subject to this division. However, because they
			 are not considered degradation of water quality, they are not required to
			 undergo an antidegradation review under this rule:
(a) Discharges Into Existing Mixing Zones.
			 Pollutants discharged into the portion of a water body that has been included
			 in a previous mixing zone for a permitted source, including the zones of
			 initial dilution, are not considered a reduction in water quality, so long as
			 the mixing zone is established in accordance with OAR 340-041-0053, there are
			 no other overlapping mixing zones from other point sources, and the discharger
			 complies with all effluent limits set out in its National Pollutant Discharge
			 Elimination System (NPDES) permit.
(b) Water Conservation Activities. An
			 increase in a pollutant concentration is not considered a reduction in water
			 quality so long as the increase occurs as the result of a water conservation
			 activity, the total mass load of the pollutant is not increased, and the
			 concentration increase has no adverse effect on either beneficial uses or
			 threatened or endangered species in the water body.
(c) Temperature. Insignificant temperature
			 increases authorized under OAR 340-041-0028(11) and (12)  are not considered a
			 reduction in water quality.
(d)
			 Dissolved Oxygen. Up to a 0.1 mg/l decrease in dissolved oxygen from the
			 upstream end of a stream reach to the downstream end of the reach is not
			 considered a reduction in water quality so long as it has no adverse effects on
			 threatened and endangered species.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0009 - Bacteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Numeric
			 Criteria: Organisms commonly associated with fecal sources may not exceed the
			 criteria in subsections (a)-(c) of this section:
(a) Freshwater contact recreation:
(A) A 90-day geometric mean of 126 E. coli
			 organisms per 100 mL;
(B) No
			 single sample may exceed 406 E. coli organisms per 100 mL.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0011 - Biocriteria

Current through Register Vol. 63, No. 7, July 1, 2024
Waters of the State must be of sufficient quality to support
				aquatic species without detrimental changes in the resident biological
				communities.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0016 - Dissolved Oxygen

Current through Register Vol. 63, No. 7, July 1, 2024
Dissolved oxygen (DO): No wastes may be discharged and no
				activities may be conducted that either alone or in combination with other
				wastes or activities will cause violation of the following standards: The
				changes adopted by the Commission on January 11, 1996, become effective July 1,
				1996. Until that time, the requirements of this rule that were in effect on
				January 10, 1996, apply:
(1) For water
			 bodies identified as active spawning areas in the places and times indicated on
			 the following Tables and Figures set out in OAR 340-041-0101  to 340-041-0340:
			 Tables 101B, 121B, and Figures 130B, 151B, 160B, 170B, 180A, 190C, 201A, 220B,
			 230B, 260A, 271B, 286B, 300B, 310B, 320B, and 340B, (as well as any active
			 spawning area used by resident trout species), the following criteria apply
			 during the applicable spawning through fry emergence periods set forth in the
			 tables and figures and, where resident trout spawning occurs, during the time
			 trout spawning through fry emergence occurs:
(a) The dissolved oxygen may not be less than
			 11.0 mg/l. However, if the minimum intergravel dissolved oxygen, measured as a
			 spatial median, is 8.0 mg/l or greater, then the DO criterion is 9.0
			 mg/l;
(b) Where conditions of
			 barometric pressure, altitude, and temperature preclude attainment of the 11.0
			 mg/l or 9.0 mg/l criteria, dissolved oxygen levels must not be less than 95
			 percent of saturation;
(c) The
			 spatial median intergravel dissolved oxygen concentration must not fall below
			 8.0 mg/l.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0019 - Nuisance Phytoplankton Growth

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The following values and implementation
			 program must be applied to lakes, reservoirs, estuaries and streams, except for
			 ponds and reservoirs less than ten acres in surface area, marshes and saline
			 lakes:
(b) The following average
			 Chlorophyll a values must be used to identify water bodies where phytoplankton
			 may impair the recognized beneficial uses:
(A) Natural lakes that thermally stratify:
			 0.01 mg/1;
(B) Natural lakes that
			 do not thermally stratify, reservoirs, rivers and estuaries: 0.015
			 mg/1;
(C) Average Chlorophyll a
			 values may be based on the following methodology (or other methods approved by
			 the Department): A minimum of three samples collected over any three
			 consecutive months at a minimum of one representative location (e.g., above the
			 deepest point of a lake or reservoir or at a point mid-flow of a river) from
			 samples integrated from the surface to a depth equal to twice the secchi depth
			 or the bottom (the lesser of the two depths); analytical and quality assurance
			 methods must be in accordance with the most recent edition of Standard Methods
			 for the Examination of Water and Wastewater.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0021 - pH

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise specified in OAR
			 340-041-0101  through
			 340-041-0350,
			 pH values (Hydrogen ion concentrations) may not fall outside the following
			 ranges:
(a) Marine waters: 7.0-8.5;
(b) Estuarine and fresh waters: See basin
			 specific criteria (OAR
			 340-041-0101  through
			 340-041-0350).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0031 - Total Dissolved Gas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Waters
			 will be free from dissolved gases, such as carbon dioxide hydrogen sulfide, or
			 other gases, in sufficient quantities to cause objectionable odors or to be
			 deleterious to fish or other aquatic life, navigation, recreation, or other
			 reasonable uses made of such water.
(2) Except when stream flow exceeds the
			 ten-year, seven-day average flood, the concentration of total dissolved gas
			 relative to atmospheric pressure at the point of sample collection may not
			 exceed 110 percent of saturation. However, in hatchery-receiving waters and
			 other waters of less than two feet in depth, the concentration of total
			 dissolved gas relative to atmospheric pressure at the point of sample
			 collection may not exceed 105 percent of saturation.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0032 - Total Dissolved Solids (TDS)

Current through Register Vol. 63, No. 7, July 1, 2024
Total Dissolved Solids: Total Dissolved Solids: The
				concentrations listed in the basin specific criteria found in OAR
				340-041-0101 through
				340-041-0350,
				may not be exceeded unless otherwise specifically authorized by DEQ upon such
				conditions as it may deem necessary.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0036 - Turbidity

Current through Register Vol. 63, No. 7, July 1, 2024
Turbidity (Nephelometric Turbidity Units, NTU): No more than a
				ten percent cumulative increase in natural stream turbidities may be allowed,
				as measured relative to a control point immediately upstream of the turbidity
				causing activity. However, limited duration activities necessary to address an
				emergency or to accommodate essential dredging, construction or other
				legitimate activities and which cause the standard to be exceeded may be
				authorized provided all practicable turbidity control techniques have been
				applied and one of the following has been granted:
(1) Emergency activities: Approval
			 coordinated by the Department with the Oregon Department of Fish and Wildlife
			 under conditions they may prescribe to accommodate response to emergencies or
			 to protect public health and welfare;
(2) Dredging, Construction or other
			 Legitimate Activities: Permit or certification authorized under terms of
			 section 401 or 404 (Permits and Licenses, Federal Water Pollution Control Act)
			 or OAR 14l-085-0100 et seq. (Removal and Fill Permits, Division of State
			 Lands), with limitations and conditions governing the activity set forth in the
			 permit or certificate.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0046 - Water Quality Limited Waters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A receiving stream may be designated as
			 water quality limited through the biennial water quality status assessment
			 report prepared to meet the requirements of section 305(b) of the Federal Clean
			 Water Act. Appendix A of the Status Assessment report will identify: what water
			 bodies are water quality limited, the time of year the water quality standards
			 violations occur, the segment of stream or area of water body limited, the
			 parameter(s) of concern, and whether it is water quality limited under the
			 definition of "Water Quality Limited' in OAR 340-041-0002. Appendix B and C of
			 the Status Assessment report will identify the specific evaluation process for
			 designating water bodies limited;
(2) The water quality limited list contained
			 in Appendix A of the Status Assessment report will be placed on public notice
			 and reviewed through the public hearing process. At the conclusion of the
			 hearing process and the evaluation of the testimony, Appendix A will become the
			 official water quality limited list. The Department may add a water body to the
			 water quality limited list between status assessment reports after placing that
			 action out on public notice and conducting a public hearing;
(3) For interstate water bodies, the State is
			 responsible for completing the requirements of OAR 340-041-0004(9)  of this rule
			 for that portion of the interstate water body within the boundary of the
			 State;
(4) For water bodies
			 designated as water quality limited under sub-section (c) of the definition of
			 "Water Quality Limited' in OAR 340-041-0002, the Department will establish a
			 priority list and schedule for future water quality monitoring activities to
			 determine: if the water body should be designated as water quality limited
			 under sub-sections (a) or (b) of the definition of "Water Quality Limited' in
			 OAR 340-041-0002, if estimated TMDLs need to be prepared, and if an
			 implementation plan needs to be developed and implemented;
(5) For water bodies designated as water
			 quality limited under sub-section (b) of the definition of "Water Quality
			 Limited' in OAR 340-041-0002, requests for load increases may be considered
			 using the process set out in OAR 340-041-0004(9)(b)  of this rule.
Documents referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468B.030,
				  468B.035  & 468B.048
Statutes/Other Implemented: ORS
				  468B.030,
				  468B.035  & 468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0053 - Mixing Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may allow a designated portion of a receiving water to serve as a
			 zone of dilution for wastewaters and receiving waters to mix thoroughly and
			 this zone will be defined as a mixing zone;
(2) The Department may suspend all or part of
			 the water quality standards, or set less restrictive standards in the defined
			 mixing zone, provided that the following conditions are met:
(a) A point source for which the mixing zone
			 is established may not cause or significantly contribute to any of the
			 following:
(A) Materials in concentrations
			 that will cause acute toxicity to aquatic life as measured by a Department
			 approved bioassay method. Acute toxicity is lethal to aquatic life as measured
			 by a significant difference in lethal concentration between the control and 100
			 percent effluent in an acute bioassay test. Lethality in 100 percent effluent
			 may be allowed due to ammonia and chlorine only when it is demonstrated on a
			 case-by-case basis that immediate dilution of the effluent within the mixing
			 zone reduces toxicity below lethal concentrations. The Department may on a
			 case-by-case basis establish a zone of immediate dilution if appropriate for
			 other parameters;
(B) Materials
			 that will settle to form objectionable deposits;
(C) Floating debris, oil, scum, or other
			 materials that cause nuisance conditions; and
(D) Substances in concentrations that produce
			 deleterious amounts of fungal or bacterial growths.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0059 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 Subject to the requirements and limitations set out in sections (2) through (7)
			 below, DEQ or the EQC may grant a water quality standards variance where the
			 discharger or DEQ demonstrates that it is not feasible to attain the designated
			 use and criterion during the term of the variance because of one of the factors
			 listed in subsection (2)(a) of this rule. The director may grant an individual
			 discharger variance and the commission may grant a multiple discharger variance
			 or a water body variance. All water quality standards variances are subject to
			 EPA approval. The variance may be used only for the purpose of establishing
			 NPDES permit limits and requirements under CWA Section 301(b)(1)(C) or for
			 issuing certifications under CWA Section 401. The underlying designated use and
			 criterion otherwise remains in effect.
(2) Conditions to Grant a Variance. Before
			 the EQC or DEQ may grant a variance, it must determine that:
(a) Attaining the designated use and
			 criterion during the term of the variance is not feasible for one or more of
			 the following reasons:
(A) Naturally
			 occurring pollutant concentrations prevent attaining the use;
(B) Natural, ephemeral, intermittent, or low
			 flow conditions, or water levels prevent attaining the use, unless these
			 conditions may be compensated for by discharging sufficient volume of effluent
			 discharges to enable uses to be met without violating state water conservation
			 requirements;
(C) Human-caused
			 conditions or sources of pollution prevent attaining the use and cannot be
			 remedied or would cause more environmental damage to correct than to leave in
			 place;
(D) Dams, diversions, or
			 other types of hydrologic modifications preclude attaining the use, and it is
			 not feasible to restore the waterbody to its original condition or to operate
			 such modification in a way which would result in the attainment of the
			 use;
(E) Physical conditions
			 related to the natural features of the waterbody, such as the lack of a proper
			 substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water
			 quality preclude attaining aquatic life protection uses;
(F) Controls more stringent than those
			 required by sections 301(b) and 306 of the federal Clean Water Act would result
			 in substantial and widespread economic and social impact; or
(G) Actions necessary to facilitate lake,
			 wetland, or stream restoration through dam removal or other significant
			 reconfiguration activities preclude attainment of the designated use and
			 criterion while the actions are being implemented;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0061 - Other Implementation of Water Quality Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A waste treatment and disposal facility
			 may not be constructed or operated and wastes may not be discharged to public
			 waters without a permit from the department in accordance with ORS
			 468B.050.
(2) Plans for all sewage and industrial waste
			 treatment, control, and disposal facilities must be submitted to the department
			 for review and approval prior to construction as required by ORS
			 468B.055.
(3) Minimum design criteria for waste
			 treatment and control facilities prescribed under this plan and other waste
			 treatment and controls deemed necessary to ensure compliance with the water
			 quality standards contained in this plan must be provided in accordance with
			 specific permit conditions for those sources or activities for which permits
			 are required and the following implementation program.
(a) For new or expanded waste loads or
			 activities, fully approved treatment or control facilities, or both, must be
			 provided prior to discharge of any wastes from the new or expanded facilities
			 or conduct of the new or expanded activity.
(b) For existing waste loads or activities,
			 additional treatment or control facilities necessary to correct specific
			 unacceptable water quality conditions must be provided in accordance with a
			 specific program and timetable incorporated into the waste discharge permit for
			 the individual discharger or activity. In developing treatment requirements and
			 implementation schedules for existing installations or activities,
			 consideration will be given to the impact upon the overall environmental
			 quality, including air, water, land use, and aesthetics.
(c) Wherever minimum design criteria for
			 waste treatment and control facilities set forth in this plan are more
			 stringent than applicable federal standards and treatment levels currently
			 being provided, upgrading to the more stringent requirements will be deferred
			 until it is necessary to expand or otherwise modify or replace the existing
			 treatment facilities. Such deferral will be acknowledged in the permit for the
			 source.
(d) Where planning, design,
			 or construction of new or modified waste treatment and controls to meet prior
			 applicable state or federal requirements is underway at the time this plan is
			 adopted, such plans, design, or construction may be completed under the
			 requirements in effect when the project was initiated. Upgrading to meet more
			 stringent future requirements will be timed in accordance with section (3) of
			 this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0101 - Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the main stem Columbia
			 River (see Figure 1) must be managed to protect the designated beneficial uses
			 shown in Table 101A (November 2003).
(2) Designated fish uses to be protected in
			 the main stem Columbia River are shown in Table 101B (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on OAR
			 340-041-0101: Table 101C.
(b) In
			 addition to the salmonid spawning areas shown on Table 101C, DEQ will determine
			 where additional active spawning areas used by resident trout occur as data
			 becomes available. DEQ will identify additional spawning habitat and areas
			 determined to be active resident trout spawning areas in a publicly available
			 inventory. The determinations recorded in the inventory will be incorporated
			 into the designated use tables and maps in OAR 340-041 periodically through
			 rulemaking. When resident trout spawning is determined to be an existing use
			 based on the best available data and is added to the resident trout spawning
			 inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect
			 the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0103 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site:
Columbia River -- Dioxin -- February 25, 1991
Columbia River -- Dissolved Gas -- November 11,
				2002
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0104 - Water Quality Standards and Policies Specific to the Main Stem Columbia River

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen
			 ion concentration). pH values may not fall outside the following range: main
			 stem Columbia River (mouth to river mile 309): 7.0 - 8.5.
(2) Total Dissolved Solids. Guide
			 concentrations listed below must not be exceeded unless otherwise specifically
			 authorized by DEQ upon such conditions as it may deem necessary to carry out
			 the general intent of this plan and to protect the beneficial uses set forth in
			 OAR 340-04l-0101:
(a) Main stem Columbia
			 River (river miles 120 to 147 and 218-309) -- 200.0 mg/l;
(b) All other river miles of main stem
			 Columbia River -- 500.0 mg/l.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0121 - Basin-Specific Criteria (Main Stem Snake River): Beneficial Uses to Be Protected in the Main Stem Snake River

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the main stem Snake
			 River (see Figure 1) must be managed to protect the designated beneficial uses
			 shown in Table 121A (August 2005).
(2) Designated fish uses to be protected in
			 the main stem Snake River are shown in Table 121B (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on OAR
			 340-041-0121: Table 121C.
(b) In
			 addition to the salmonid spawning areas shown on Table 121C, DEQ will determine
			 where additional active spawning areas used by resident trout occur as data
			 becomes available. DEQ will identify additional spawning habitat and areas
			 determined to be active resident trout spawning areas in a publicly available
			 inventory. The determinations recorded in the inventory will be incorporated
			 into the designated use tables and maps in OAR 340-041 periodically through
			 rulemaking. When resident trout spawning is determined to be an existing use
			 based on the best available data and is added to the resident trout spawning
			 inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect
			 the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0122 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site: None.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0124 - Water Quality Standards and Policies Specific to the Main Stem Snake River

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen
			 ion concentration). pH values may not fall outside the following range: main
			 stem Snake River: 7.0-9.0.
(2)
			 Total Dissolved Solids. Guide concentration listed below may not be exceeded
			 unless otherwise specifically authorized by DEQ upon such conditions as it may
			 deem necessary to carry out the general intent of this plan and to protect the
			 beneficial uses set forth in OAR 340-041-0120: main stem Snake River - 750.0
			 mg/l.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0130 - Basin-Specific Criteria (Deschutes): Beneficial Uses to Be Protected in the Deschutes Basin

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Deschutes Basin (see
			 Figure 1) must be managed to protect the designated beneficial uses shown in
			 Table 130A (November 2003).
(2)
			 Designated fish uses to be protected in the Deschutes Basin are shown in
			 Figures 130A, 130B, 130C and 130D (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 apply to the salmonid spawning locations and times shown on OAR 340-041-0130:
			 Figure 130D.
(b) In addition to the
			 salmonid spawning areas shown on Figure 130D, DEQ will determine where
			 additional active spawning areas used by resident trout occur as data becomes
			 available. DEQ will identify additional spawning habitat and areas determined
			 to be active resident trout spawning areas in a publicly available inventory.
			 The determinations recorded in the inventory will be incorporated into the
			 designated use tables and maps in OAR 340-041 periodically through rulemaking.
			 When resident trout spawning is determined to be an existing use based on the
			 best available data and is added to the resident trout spawning inventory, DEQ
			 will apply the spawning criteria for dissolved oxygen to protect the existing
			 trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0133 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site: None.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0135 - Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen ion concentration). pH
			 values may not fall outside the following ranges:
(a) All other Basin streams (except Cascade
			 lakes): 6.5-8.5;
(b) Cascade lakes
			 above 3,000 feet altitude: pH values may not fall outside the range of 6.0 to
			 8.5.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0140 - Basin-Specific Criteria (Goose and Summer Lakes): Beneficial Uses to be Protected in Goose and Summer Lake Basins

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Goose and Summer
			 Lake Basins (see Figure 1) must be managed to protect the designated beneficial
			 uses shown in Table 140A (November 2003).
(2) Designated fish uses to be protected in
			 the Goose and Summer Lake Basins are shown in Figure 140A, 140B, and 140C
			 (October 2023).
(3) For purpose of
			 protecting active resident trout spawning areas, as required by OAR
			 340-041-0016 (1):
(a) The dissolved oxygen
			 spawning criteria will apply to the salmonid spawning locations and times shown
			 on OAR 340-041-0140: Figure 140C.
(b) In addition to the salmonid spawning
			 areas shown on shown on Figure 140C, DEQ will determine where additional active
			 spawning areas used by resident trout occur as data becomes available. DEQ will
			 identify additional spawning habitat and areas determined to be active resident
			 trout spawning areas in a publicly available inventory. The determinations
			 recorded in the inventory will be incorporated into the designated use tables
			 and maps in OAR 340-041 periodically through rulemaking. When resident trout
			 spawning is determined to be an existing use based on the best available data
			 and is added to the resident trout spawning inventory, DEQ will apply the
			 spawning criteria for dissolved oxygen to protect the existing trout spawning
			 use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0143 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site: None.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0145 - Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen ion concentration):
(a) Goose Lake: pH values may not fall
			 outside the range of 7.5 to 9.5;
(b) All other basin waters. pH values may not
			 fall outside the range of 7.0 to 9.0. When greater than 25 percent of ambient
			 measurements taken between June and September are greater than pH 8.7, and as
			 resources are available according to priorities set by the Department, the
			 Department will determine whether the values higher than 8.7 are anthropogenic
			 or natural in origin.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0151 - Basin-Specific Criteria (Grande Ronde): Beneficial Uses to Be Protected in the Grande Ronde Basin

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: The amended beneficial uses designated in this rule,
				adopted by the Environmental Quality Commission on November 16, 2023, are not
				applicable for Clean Water Act purposes until approved by the U.S. EPA. For
				applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
				on DEQ's Water Quality Standards website (
https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx
).]
(1) Water quality in the Grande Ronde Basin
			 (see Figure 1) must be managed to protect the designated beneficial uses shown
			 in Table 151A (November 2003).
(2)
			 Designated fish uses to be protected in the Grande Ronde Basin are shown in
			 Figures 151A, 151B, 151C and 151D (October 2023).
(3) For purpose of protecting active resident
			 trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria
			 will apply to the salmonid spawning locations and times shown on OAR
			 340-041-0151: Figure 151D.
(b) In
			 addition to the salmonid spawning areas shown on Figure 151D, DEQ will
			 determine where additional active spawning areas used by resident trout occur
			 as data becomes available. DEQ will identify additional spawning habitat and
			 areas determined to be active resident trout spawning areas in a publicly
			 available inventory. The determinations recorded in the inventory will be
			 incorporated into the designated use tables and maps in OAR 340-041
			 periodically through rulemaking. When resident trout spawning is determined to
			 be an existing use based on the best available data and is added to the
			 resident trout spawning inventory, DEQ will apply the spawning criteria for
			 dissolved oxygen to protect the existing trout spawning use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0154 - Approved TMDLs in the Basin

Current through Register Vol. 63, No. 7, July 1, 2024
The following TMDLs have been approved by EPA, and appear on
				the Department's web site:
Upper Grande Ronde -- Temperature, Sediment, Nitrogen and
				Phosphorous -- May 3, 2000
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
				  468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
				  468B.048
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0156 - Water Quality Standards and Policies for this Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) pH (hydrogen ion concentration). pH
			 values may not fall outside the following range: all basin streams (other than
			 main stem Snake River): 6.5-9.0. When greater than 25 percent of ambient
			 measurements taken between June and September are greater than pH 8.7, and as
			 resources are available according to priorities set by the Department, the
			 Department will determine whether the values higher than 8.7 are anthropogenic
			 or natural in origin.
(2) Total
			 Dissolved Solids. Guide concentrations listed below may not be exceeded unless
			 otherwise specifically authorized by DEQ upon such conditions as it may deem
			 necessary to carry out the general intent of this plan and to protect the
			 beneficial uses set forth in OAR 340-041-0150: main stem Grande Ronde River --
			 200.0 mg/l;
(3) Minimum Design
			 Criteria for Treatment and Control of Sewage Wastes:
(a) During periods of low stream flows
			 (approximately June 1 to October 31): Treatment resulting in monthly average
			 effluent concentrations not to exceed 20 mg/l of BOD and 20 mg/l of suspended
			 solids or equivalent control;
(b)
			 During the period of high stream flows (approximately November 1 to May 31): A
			 minimum of secondary treatment or equivalent control and unless otherwise
			 specifically authorized by the Department, operation of all waste treatment and
			 control facilities at maximum practicable efficiency and effectiveness so as to
			 minimize waste discharges to public waters.