Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 48 - CERTIFICATION OF COMPLIANCE WITH WATER QUALITY REQUIREMENTS AND STANDARDS › Section 340-048-0037 - HART Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification of an existing hydroelectric project requiring federal
			 relicensing for which a HART is convened must be coordinated through the HART
			 in accordance with ORS 543A.100 through 543A.115. This rule applies to such
			 coordination occurring after the department's receipt of an application for
			 certification. This rule does not apply to the department's participation in
			 the HART for a project in accordance with ORS 543A.075 through 543A.095 before
			 the department's receipt of an application for certification. This rule does
			 not apply to an existing hydroelectric project requiring federal relicensing
			 for which a HART has not been convened; that certification will be processed as
			 otherwise provided in this division. Nothing in this rule affects the authority
			 of the Director to act on an application for certification as necessary to
			 avoid certification being deemed waived under the one-year period prescribed in
			  33 USC 1341 (a)(1).
(2) Upon
			 receipt of proposed recommendations for certification of a hydroelectric
			 project developed by a HART in accordance with ORS 543A.105, the department
			 must provide public notice and at least 60 days for comment on a proposed
			 certification decision based on the HART's recommendations. The department's
			 notice and comment period must run concurrently with the notice and comment
			 period provided by the HART on a proposed unified state position under ORS
			 543A.105(2). The department notice must be provided in writing to interested
			 persons, request comments within the comment period, and identify the proposed
			 certification decision and related documents as available for public inspection
			 and copying. If within 30 days of the public notice, 10 or more persons or an
			 organization representing more than 10 members request a public hearing on the
			 proposed certification, the department must provide a hearing within the 60-day
			 public comment period or as soon thereafter as is reasonably
			 practicable.
(3) Upon completion of
			 the public comment period, the department must evaluate the application for
			 certification in accordance with OAR
			 340-048-0042(2) and
			 (4). The Director must make a final
			 certification decision in accordance with the recommendations submitted by the
			 HART under ORS 543A.105(2), unless the Director finds, based on public comment
			 or new information, that certification as recommended by the HART would not
			 ensure that the project will comply with water quality standards set forth in
			 OAR chapter 340, division 041 or be consistent with other appropriate
			 requirements of state law. If the Director's certification decision would
			 differ from the HART recommendations, the Director must seek further
			 recommendation from the HART before issuing a final certification decision. The
			 Director must consider any further recommendation from the HART, then issue a
			 final certification decision to the applicant and the HART.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.040 - 468B.046 & 543A.100 -
				  543A.110