Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0055 - Water Quality Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Causing pollution of waters of the state;
(b) Reducing the water quality of
			 waters of the state below water quality standards;
(c) Discharging any waste that enters waters
			 of the state, either without a waste discharge permit or from a discharge point
			 not authorized by a waste discharge permit;
(d) Operating a discharge source or
			 conducting a disposal activity without first obtaining an individual permit or
			 applying for coverage under a general permit for that discharge or disposal
			 activity;
(e) Failing to comply
			 with statute, rule, or permit requirements regarding notification of a spill or
			 upset condition, which results in a non-permitted discharge to public waters;
(f) Failing to take appropriate
			 action, as required by the municipal wastewater treatment works owner's
			 DEQ-approved pretreatment-compliance oversight program, against an industrial
			 discharger to the municipal treatment works who violates any pretreatment
			 standard or requirement, if the violation impairs or damages the treatment
			 works, or causes major harm or poses a major risk of harm to public health or
			 the environment;
(g) Making
			 unauthorized changes, modifications, or alterations to a facility operating
			 under a Water Pollution Control Facility (WPCF) or National Pollutant Discharge
			 Elimination System (NPDES) permit;
(h) Allowing operation or supervision of a
			 wastewater treatment and collection system without proper certification, by the
			 permittee and/or owner;
(i)
			 Applying biosolids or domestic septage to a parcel of land that does not have
			 DEQ approval for land application;
(j) Applying biosolids that do not meet the
			 pollutant, pathogen or one of the vector attraction reduction requirements of
			  40 CFR 503.33(b)(1) through (10);
(k) Violating a technology-based effluent
			 limitation, except for removal efficiency, in an NPDES or WPCF permit if:
(A) The discharge level (except for pH and
			 bacteria) exceeds the limitation by 50 percent or more;
(B) The discharge is outside the permitted pH
			 range by more than 2 pH units;
(C)
			 The discharge exceeds a bacteria limit as a result of an inoperative
			 disinfection system where there is no disinfection; or
(D) The discharge of recycled water exceeds a
			 bacteria limit by more than five times the limit.
(l) Violating a water quality based effluent
			 limitation in an NPDES permit;
(m)
			 Violating a WPCF permit limitation in a designated groundwater management area
			 if the exceedance is of a parameter for which the groundwater management area
			 was established;
(n) Failing to
			 report an effluent limitation exceedance;
(o) Failing to collect monitoring data
			 required in Schedule B of the permit;
(p) Contracting for operation or operating a
			 prohibited Underground Injection Control (UIC) system other than a cesspool
			 that only disposes of human waste;
(q) Operating an Underground Injection
			 Control (UIC) system that causes a data verifiable violation of federal
			 drinking water standards in an aquifer used as an underground source of
			 drinking water; or
(r) Failing to
			 substantially implement a stormwater plan in accordance with an NPDES permit.