Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON › Section 340-041-0007 - Statewide Narrative Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding the water quality standards contained in this Division, the
			 highest and best practicable treatment and/or control of wastes, activities,
			 and flows must in every case be provided so as to maintain dissolved oxygen and
			 overall water quality at the highest possible levels and water temperatures,
			 coliform bacteria concentrations, dissolved chemical substances, toxic
			 materials, radioactivity, turbidities, color, odor, and other deleterious
			 factors at the lowest possible levels.
(2) Where a less stringent natural condition
			 of a water of the State exceeds the numeric criteria set out in this Division,
			 the natural condition supersedes the numeric criteria and becomes the standard
			 for that water body. However, there are special restrictions, described in OAR
			 340-041-0004(9)(a)(D)
 
			 (iii), that may apply to discharges that affect dissolved oxygen.
NOTE
: On August 8, 2013, the Environmental
				Protection Agency disapproved rule section OAR
				340-041-0007(2).
				Consequently, section (2) is no longer effective as a water quality criterion
				for purposes of CWA Section 303(c) and it cannot be used for issuing
				certifications under CWA Section 401, permits under CWA Section 402, or total
				maximum daily loads under CWA section 303(d).
(3) For any new waste sources, alternatives
			 that utilize reuse or disposal with no discharge to public waters must be given
			 highest priority for use wherever practicable. New source discharges may be
			 approved subject to the criteria in OAR
			 340-041-0004(9).
(4) No discharges of wastes to
			 lakes or reservoirs may be allowed except as provided in section OAR
			 340-041-0004(9).
(5) Log handling in public waters
			 must conform to current Commission policies and guidelines.
(6) Sand and gravel removal operations must
			 be conducted pursuant to a permit from the Division of State Lands and
			 separated from the active flowing stream by a watertight berm wherever
			 physically practicable. Recirculation and reuse of process water must be
			 required wherever practicable. Discharges or seepage or leakage losses to
			 public waters may not cause a violation of water quality standards or adversely
			 affect legitimate beneficial uses.
(7) Road building and maintenance activities
			 must be conducted in a manner so as to keep waste materials out of public
			 waters and minimize erosion of cut banks, fills, and road surfaces.
(8) In order to improve controls over
			 nonpoint sources of pollution, federal, State, and local resource management
			 agencies will be encouraged and assisted to coordinate planning and
			 implementation of programs to regulate or control runoff, erosion, turbidity,
			 stream temperature, stream flow, and the withdrawal and use of irrigation water
			 on a basin-wide approach so as to protect the quality and beneficial uses of
			 water and related resources. Such programs may include, but not be limited to,
			 the following:
(a) Development of projects
			 for storage and release of suitable quality waters to augment low stream flow;
(b) Urban runoff control to reduce
			 erosion;
(c) Possible modification
			 of irrigation practices to reduce or minimize adverse impacts from irrigation
			 return flows;
(d) Stream bank
			 erosion reduction projects; and
(e) Federal water quality restoration plans.