Oregon Administrative Code

340-040-0060 Non-Permitted Activities Non-permitted activities shall include, but not be limited to, spills, releases and past practices from activities that are not subject to a permit and activities that are subject to a permit but were not permitted at the time of the release.…

340-040-0070 On-Site Sewage Disposal: Area Wide Management (1) In areas where groundwater is being degraded as a result of on-site sewage disposal practices and an area wide solution is necessary, the Department may propose a rule for adoption by the EQC and incorporation into th…

340-040-0080 Numerical Groundwater Quality Reference Levels and Guidance Levels (1) The numerical groundwater quality reference levels and guidance levels contained in Tables 1 through 3 of this Division are to be considered by the Department and the public in weighing the signif…

340-040-0090 Interim Standards for Maximum Measurable Levels of Contaminants in Groundwater to be Used in the Designation of a Groundwater Management Area Interim standards are contained in Tables 4A, 5, and 6 of this division for maximum measurable levels (MMLs) of contaminants …

340-040-0100 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Statement of Purpose (1) The rules within this division establish the methods and criteria the Environmental Quality Commission shall apply to adopt maximum measurable …

340-040-0105 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Definitions Unless otherwise defined in OAR 340-041-0006 or 340-040-0010, the following terms used in this division shall mean: (1) “Carcinogen”: A compound which the U…

340-040-0108 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: General Policies Groundwater is a critical natural resource providing domestic, industrial and agricultural water supply; base flow for rivers, lakes, streams and wetla…

340-040-0110 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Substances Regulated Under These Rules (1) The Department shall, pursuant to the procedures adopted in accord with OAR 340-040-0125, et seq., propose to the Commission …

340-040-0120 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Notice of Intent to Propose Contaminants for Adoption of a Maximum Measurable Level (1) Notwithstanding any other requirement established by law, the Department shall a…

340-040-0125 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Methods to Establish Maximum Measurable Levels (1) If a federal standard has been promulgated for any substance of concern (OAR 340-040-0110(1)) or any contaminant (OAR…

340-040-0130 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Human Health and Environmental Advisories (1) The Department shall provide Human Health and Environmental Advisories for each substance of concern and contaminant to be…

340-040-0135 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Modification to the Maximum Measurable Level (1) The Department shall follow its established schedule for periodic review of all of its rules to determine that all curr…

340-040-0140 Wellhead Protection: Statement of Purpose (1) Meet Federal Requirements — The intent of these rules is to fulfill the Federal requirements under the Safe Drinking Water Act for the establishment of a state Wellhead Protection Program. (2) Protect Public Water Systems…

340-040-0150 Wellhead Protection: Definitions (1) “Contingency Plan” means a document setting out an organized, planned, and coordinated course of action to be followed in the event of a loss of capacity to supply water to the distribution system or in case of a fire, explosion, …

340-040-0160 Wellhead Protection: General Policies (1) It is the policy of the state to promote the protection of the quality of the groundwater resource from contamination by encouraging public water systems and/or governmental entities to voluntarily develop local Wellhead Prot…

340-040-0170 Wellhead Protection: Required Elements of A Wellhead Protection Plan A Wellhead Protection Plan shall contain and address the following seven elements: (1) Specification of Duties: (a) The Plan shall identify all the Responsible Management Authorities within a Wellhe…

340-040-0180 Wellhead Protection: Certification Procedure (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 Wellhea…

340-040-0190 Wellhead Protection: Update Procedure (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 …

340-040-0200 Wellhead Protection: Decertification Procedure (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 s…

340-040-0210 Wellhead Protection: Appeal Procedure Final Department decisions regarding certification, recertification, or decertification are not subject to contested case hearing rights but are reviewable under ORS 183.484. Statutory/Other Authority: ORS 468 & 468B Statutes/Oth…

340-041-0001 Preface (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 Sta…

340-041-0002 Definitions Definitions in this rule apply to all basins unless context requires otherwise. (1) "401 Water Quality Certification" means a determination made by DEQ that a dredge and fill activity, private hydropower facility, or other federally licensed or permitted …

340-041-0004 Antidegradation (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 exis…

340-041-0007 Statewide Narrative Criteria (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 o…

340-041-0009 Bacteria (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 sampl…

340-041-0011 Biocriteria Waters of the State must be of sufficient quality to support aquatic species without detrimental changes in the resident biological communities. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030…

340-041-0016 Dissolved Oxygen 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 Januar…

340-041-0019 Nuisance Phytoplankton Growth (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 …

340-041-0021 pH (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 th…

340-041-0028 Temperature (1) Background. Water temperatures affect the biological cycles of aquatic species and are a critical factor in maintaining and restoring healthy salmonid populations throughout the State. Water temperatures are influenced by solar radiation, stream shade…

340-041-0031 Total Dissolved Gas (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 reaso…

340-041-0032 Total Dissolved Solids (TDS) 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 conditi…

340-041-0033 Toxic Substances (1) Toxic Substances Narrative. Toxic substances may not be introduced above natural background levels in waters of the state in amounts, concentrations, or combinations that may be harmful, may chemically change to harmful forms in the environment, …

340-041-0036 Turbidity 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 dur…

340-041-0046 Water Quality Limited Waters (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 Ass…

340-041-0053 Mixing Zones (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…

340-041-0057 Implementation at Domestic Wastewater Treatment Works (1) Oregon’s publicly owned sewerage utilities have since 1956 developed an increasing reliance on federal sewerage works construction grant funds to meet a major portion of the cost of their sewerage works constr…

340-041-0059 Variances (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 u…

340-041-0061 Other Implementation of Water Quality Criteria (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 sew…

340-041-0101 Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable fo…

340-041-0103 Basin-Specific Criteria (Main Stem Columbia River): Approved TMDLs in the Basin 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…

340-041-0104 Basin-Specific Criteria (Main Stem Columbia River): Water Quality Standards and Policies Specific to the Main Stem Columbia River (1) pH (hydrogen ion concentration). pH values may not fall outside the following range: main stem Columbia River (mouth to river mile 30…

340-041-0121 Basin-Specific Criteria (Main Stem Snake River): Beneficial Uses to Be Protected in the Main Stem Snake River [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clea…

340-041-0122 Basin-Specific Criteria (Main Stem Snake River): Approved TMDLs in the Basin The following TMDLs have been approved by EPA, and appear on the Department’s web site: None. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented…

340-041-0124 Basin-Specific Criteria (Main Stem Snake River): Water Quality Standards and Policies Specific to the Main Stem Snake River (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 So…

340-041-0130 Basin-Specific Criteria (Deschutes): Beneficial Uses to Be Protected in the Deschutes Basin [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 purpos…

340-041-0133 Basin-Specific Criteria (Deschutes): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: None. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.…

340-041-0135 Basin-Specific Criteria (Deschutes): Water Quality Standards and Policies for this Basin (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 3,0…

340-041-0140 Basin-Specific Criteria (Goose and Summer Lakes): Beneficial Uses to be Protected in Goose and Summer Lake Basins [Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for …

340-041-0143 Basin-Specific Criteria (Goose and Summer Lakes): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: None. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implement…