Oregon Administrative Code

340-016-0330 Clean Diesel Report and Retrofit Tax Credits: Application Approval or Denial Procedures (1) Within 60 days of determining that it does not require any additional information and that the application is complete pursuant to OAR 340-016-0300, the Department must provid…

340-016-0340 Clean Diesel Report and Retrofit Tax Credits: Procedures for Reconsideration and Review of Denial The applicant may appeal the Department’s denial of an application or approval of a cost certification in a lesser amount than claimed on the application under OAR 340-0…

340-017-0010 Purpose The purpose of these rules is to prescribe procedures and criteria to be used by the Department and Commission for issuance of tax credits to Oregon businesses that make investments in order to collect, transport, or process reclaimed plastic or to manufactur…

340-017-0015 Definitions (1) “Investment” means the amount of money a person invests to acquire or construct equipment, personal property or machinery necessary to collect, transport, or process reclaimed plastic or to manufacture a reclaimed plastic product. An investment shall …

340-017-0020 Procedures for Receiving Preliminary Tax Credit Certification (1) Filing of Application: (a) Any person proposing to apply for final certification of an investment made in Oregon to collect, transport or process reclaimed plastic or to manufacture a reclaimed plastic…

340-017-0025 Procedures for Final Tax Credit Certification (1) Filing of Application: (a) A written application for final tax credit certification shall be submitted to the Department on a form provided by the Department; (b) Within 30 days of receipt of an application, the Depar…

340-017-0030 Determination of Percentage of Certified Investment Costs Allocable to Collection, Transportation or Processing of Reclaimed Plastic or Manufacturing a Reclaimed Plastic Product (1) Definitions: (a) “Claimed Investment Costs” means the actual cost of the claimed equi…

340-017-0035 Amount of Tax Credits Available (1) For purposes of monitoring the Department’s tax credit limit, the Department will consider the sum of the preliminary certifications issued in each calendar year. When preliminary certification is waived under OAR 340-001-0020, the…

340-017-0040 Procedure to Revoke Certification (1) Pursuant to the procedures for a contested case under ORS 183.310 to 183.550, the Commission may order the revocation of the final tax credit certification issued under to ORS 468.466, if it finds that: (a) The certification was …

340-017-0045 Procedures for Transfer of a Tax Credit Certificate To transfer a tax credit certificate from one holder to another, the Commission shall revoke the certificate and grant a new one to the new holder for the balance of the available tax credit following the procedure …

340-017-0050 Fees for Final Tax Credit Certification (1) An application processing fee of one percent of the cost claimed in the application for final certification but no more than $5,000 shall be paid with each application for final certification. No final application is comple…

340-017-0055 Taxpayers Receiving Tax Credit (1) A person receiving a certificate under this Division may take tax relief only under ORS 315.324, depending upon the tax status of the person’s trade or business. (2) If the person receiving the certificate is an electing small busin…

340-018-0000 Purpose In accordance with ORS 197.180, this rule establishes Department policy and procedures to assure that Department activities determined to significantly affect land use are carried out in a manner that complies with the statewide land use goals and are compati…

340-018-0010 Policy It is the Commission’s policy to coordinate the Department’s programs, rules and actions that affect land use with local acknowledged plans to the fullest degree possible. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 197.180 History: …

340-018-0020 Definitions As used in these rules: (1) “Acknowledged Comprehensive Plan” means a city or county comprehensive land use plan that has been approved by the Land Conservation and Development Commission. (2) “Affected Local Government” means a city or county government …

340-018-0030 Applicability The provisions of this rule, OAR 340-018-0000 through 340-018-0200 apply to DEQ programs and actions subsequently determined to have significant effects on land use pursuant to ORS 197.180 and OAR 660-030-0075. DEQ land use actions are identified below:…

340-018-0040 Compliance with Statewide Planning Goals (1) The Department shall to the extent required by law, achieve goal compliance for land use programs and actions identified in OAR 340-018-0030 by assuring compatibility with acknowledged comprehensive plans, except as provid…

340-018-0050 Compatibility with Acknowledged Comprehensive Plans (1) Commission or Department actions under OAR 340-018-0030 shall be compatible with local government acknowledged comprehensive plans to the extent required by law. (2) The Department shall rely on the compatibilit…

340-018-0060 Land Use Dispute Resolution The Department’s preference for resolving a dispute over land use compatibility is to work directly with local government until resolution is accomplished. In resolving a land use dispute, the Department shall consider one or more of the f…

340-018-0070 Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use (1) New or amended rules and programs shall be evaluated in terms of compliance with ORS 197.180 and OAR 660, division 30, with the ex…

340-018-0080 Compliance with DLCD Permit Compliance and Compatibility Rule The Department’s Waste Tire Storage Permit is classified a Class B permit pursuant to OAR 660 division 31. This permit is subject to the procedures of OAR 340-018-0040 and 340-018-0050 to assure statewide …

340-018-0090 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with the appropriate federal agencies and special districts on all rules and programs affecting land use as described in OAR 340-018-0030. Statutory/Other Auth…

340-018-0200 Cooperation With and Technical Assistance to Local Government The Department is committed to cooperate with and provide local government with environmental quality technical assistance and data for local government land use planning purposes within Department funding…

340-035-0005 Policy In the interest of public health and welfare, and in accordance with ORS 467.010, it is declared to be the public policy of the State of Oregon: (1) To provide a coordinated state-wide program of noise control to protect the health, safety, and welfare of Oreg…

340-035-0010 Exceptions (1) Upon written request from the owner or controller of a noise source, the Department may authorize exceptions as specifically listed in these rules. (2) In establishing exceptions, the Department shall consider the protection of health, safety, and welf…

340-035-0015 Definitions As used in this division: (1) “Air Carrier Airport” means any airport that serves air carriers holding Certificates of Public Convenience and Necessity issued by the Civil Aeronautic Board. (2) “Airport Master Plan” means any long-term development plan fo…

340-035-0025 Noise Control Regulations for the Sale of New Motor Vehicles (1) Standards and Regulations: (a) No person shall sell or offer for sale any new motor vehicle designated in this rule which produces a propulsion noise exceeding the noise limits specified in Table 1, exc…

340-035-0030 Noise Control Regulations for In-Use Motor Vehicles (1) Standards and Regulations: (a) Road Vehicles: (A) No person shall operate any road vehicle which exceeds the noise level limits specified in Table 2 or in such a manner to exceed the noise level limits specified…

340-035-0035 Noise Control Regulations for Industry and Commerce (1) Standards and Regulations: (a) Existing Noise Sources. No person owning or controlling an existing industrial or commercial noise source shall cause or permit the operation of that noise source if the statistica…

340-035-0040 Noise Control Regulations for Motor Sports Vehicles and Facilities (1) Statement of Purpose: (a) The Commission finds that the periodic noise pollution caused by Oregon motor sports activities threatens the environment of citizens residing in the vicinity of motor sp…

340-035-0045 Noise Control Regulations for Airports (1) Statement of Purpose: (a) The Commission finds that noise pollution caused by Oregon airports threatens the public health and welfare of citizens residing in the vicinity of airports. To mitigate airport noise impacts a coor…

340-035-0100 Variances (1) Conditions for Granting. The Commission may grant specific variances from the particular requirements of any rule, regulation, or order to such specific persons or class of persons or such specific noise source upon such conditions as it may deem necess…

340-035-0110 Suspension of Commission and Department Responsibilities In 1991, the Legislative Assembly withdrew all funding for implementing and administering ORS Chapter 467 and the Department’s noise program. Accordingly, the Commission and the Department have suspended admini…

340-039-0001 Purpose and Policy (1) Purpose. This rule implements ORS 468B.555 to allow entities regulated under the Clean Water Act to meet pollution control requirements through water quality trading. This rule establishes the requirements for water quality trading in Oregon. (…

340-039-0003 Water Quality Trading Objectives Water quality trading authorized under this rule must: (1) Be consistent with anti-degradation policies; (2) Not cause or contribute to an exceedance of water quality standards; (3) Be consistent with local, state, and federal water q…

340-039-0005 Definitions (1) Best Management Practices (BMPs): In-water or land-based conservation, enhancement or restoration actions that will reduce pollutant loading or create other water quality benefits. BMPs include, but are not limited to, structural and nonstructural con…

340-039-0015 Eligibility (1) An entity regulated by a National Pollutant Discharge Elimination System (NPDES) permit or a federal permit or license for which DEQ has issued a water quality certification pursuant to Clean Water Act section 401 and OAR chapter 340, division 048 (a …

340-039-0017 Regulatory Mechanisms for Water Quality Trading (1) NPDES Permitting: (a) Trading in Permits: DEQ may authorize water quality trading in an NPDES permit to meet water quality-based effluent requirements. (b) Compliance Schedules. Water quality trading may be included…

340-039-0020 Trading Frameworks (1) DEQ may establish one or more trading frameworks in a TMDL water quality management plan or water pollution control plan adopted by rule or issued by order under ORS 468B.015 or ORS 468B.110. If established, a trading framework must specify pol…

340-039-0025 Requirements of a Water Quality Trading Plan (1) An eligible entity may not engage in water quality trading unless DEQ has reviewed and approved that entity’s water quality trading plan. The use of credits will be authorized after all elements of a DEQ-approved tradi…

340-039-0030 Requirements for Trading Baselines (1) Trading baseline must account for the following regulatory requirements applicable to the trading project at the time of trading project initiation: (a) NPDES permit requirements; (b) Rules the Oregon Department of Agriculture i…

340-039-0035 Requirements for Trading Areas (1) DEQ may establish trading areas in trading frameworks. (2) All trading areas must be consistent with any applicable TMDL water quality management plan, independent state water quality management plans, or trading framework. Statutor…

340-039-0040 Requirements for Credits (1) Credits used for compliance with NPDES permit and 401 water quality certification requirements must be generated within the trading area of an approved trading plan. (2) A credit may not be used to meet a regulatory obligation by more tha…

340-039-0043 Requirements for Trading Ratios (1) Water quality trades must include one or more trading ratios that apply to credits. Ratio components and underlying assumptions must be clearly documented in the trading plan. (2) Trading ratios may be used to account for variables…

340-040-0001 Preface The Rules within this division establish the mandatory minimum groundwater quality protection requirements for federal and state agencies, cities, counties, industries, and citizens. Other federal, state, and local programs may contain additional or more stri…

340-040-0010 Definitions Terms not defined in this section have the meanings set forth in OAR 340-041-0006 unless otherwise noted. Unless otherwise required by context, as used in this division: (1) “Background Water Quality” means the quality of water immediately upgradient from…

340-040-0020 General Policies (1) Groundwater is a critical natural resource providing domestic, industrial, and agricultural water supply; and other legitimate beneficial uses; and also providing base flow for rivers, lakes, streams, and wetlands. (2) Groundwater, once polluted,…

340-040-0030 Permitted Operations (1) Permits required by point sources shall specify appropriate groundwater quality protection requirements. Water Pollution Control Facility (WPCF) permits may be used in cases other than for those covered by Solid Waste Disposal Facility permit…

340-040-0040 Remedial Investigation and Feasibility Study (1) If, based upon the preliminary assessment or other information, the Director determines there is a substantial likelihood that remedial action will be necessary to maintain or restore groundwater quality to achieve a s…

340-040-0050 Selection of the Remedial Action (1) Requirements: After opportunity for public review and comment, the Director shall select a remedial action. Such remedial action shall meet the following requirements: (a) Be protective of present and future public health, safety,…