Oregon Administrative Code

340-041-0344 Basin-Specific Criteria (Willamette): Approved TMDLs in the Basin: The following TMDLs have been approved by EPA, and appear on the Department’s web site: Columbia Slough — Bacteria, Dissolved Oxygen, Chlorophyll a, pH, lead, PCBs, Dieldrin, Dioxin, DDE/DDT, and Phos…

340-041-0345 Basin-Specific Criteria (Willamette): Water Quality Standards and Policies for this Basin (1) pH (hydrogen ion concentration). pH values may not fall outside the following ranges: (a) All basin waters, except main stem Columbia River and Cascade lakes: 6.5 to 8.5; (b…

340-041-0350 The Three Basin Rule: Clackamas, McKenzie (above RM 15) & the North Santiam (1) In order to preserve or improve the existing high quality water for municipal water supplies, recreation, and preservation of aquatic life, new or increased waste discharges must be prohi…

340-041-8033 Division 41 Tables and Figures (1) Table 30: Aquatic Life Water Quality Criteria for Toxic Pollutants. This table, referenced in OAR 340-041-0033, contains information about the applicability and content of the criteria contained in the table. (2) Table 40: Human Hea…

340-042-0025 Policy, Purpose and Effect (1) The public policy of the State of Oregon is to protect, maintain and improve the quality of waters of the state for beneficial uses and to provide for prevention, abatement and control of water pollution. To achieve and maintain water q…

340-042-0030 Definitions In addition to the definitions provided in ORS 468.005, 468B.005, OAR 340-041-0002 and 340-045-0010, unless otherwise required by context, the following definitions apply to OAR 340-042. (1) “Background Sources” include all sources of pollution or polluta…

340-042-0040 Establishing Total Maximum Daily Loads (TMDLs) (1) DEQ or the EQC will establish TMDLs for pollutants in waters of the state that are listed in accordance with the Federal Water Pollution Control Act Section 303(d) (33 USC Section 1313(d)). (2) DEQ or the EQC will gr…

340-042-0050 Public Participation (1) If establishing a TMDL as an agency order, DEQ will establish a local advisory group or identify an existing group or forum to assist in developing a TMDL. When the EQC establishes a TMDL through rulemaking DEQ will appoint a rule advisory co…

340-042-0060 Issuing a Total Maximum Daily Load (1) The Director will issue a TMDL as an order or the EQC by rule. If the Environmental Protection Agency establishes a TMDL addressing waterbodies in Oregon, the Director may issue as an order or the EQC by rule a WQMP to implement…

340-042-0070 Requesting Reconsideration or Appealing a Total Maximum Daily Load (1) Any person who participated in establishing a TMDL by order, including those who submitted comments, and any other person entitled to seek judicial review of an order issuing a TMDL may request re…

340-042-0080 Implementing a Total Maximum Daily Load (1) Management strategies identified in a WQMP to achieve wasteload and load allocations in a TMDL will be implemented through water quality permits for those sources subject to permit requirements in ORS 468B.050 and through s…

340-042-0090 Total Maximum Daily Loads and Water Quality Management Plans The following TMDLs are adopted by EQC by reference in this rule on the dates indicated. The TMDL documents and supporting information for TMDLs adopted as rule or issued by order are available on DEQ’s web…

340-043-0000 Purpose and Policies (1) The purpose of these rules and guidelines is to prevent water pollution and protect the quality of the environment and public health in Oregon, consistent with the policies of ORS 468B.015 and 468B.020, by requiring application of all availab…

340-043-0010 Definitions Unless the context requires otherwise, as used in this Division: (1) “Chemical Process Mine” means a mining and processing operation for metal-bearing ores that uses chemicals to dissolve metals from ores. (2) “Department” means the Department of Environm…

340-043-0020 Permit Required (1) As required by ORS 468B.050, a person proposing to construct a new chemical mining operation, commencing to operate an existing non-permitted operation, or proposing to substantially modify or expand an existing operation shall first apply for, an…

340-043-0025 Permit Conditions on Assumption of Liability (1) This rule is necessary for the following reasons: (a) ORS 468B.015 expresses an extremely strong state policy against pollution of the waters of the state; and (b) ORS 468B.010 declares that the “water pollution laws o…

340-043-0030 Permit Application (1) The permit application shall fully describe the existing site and environmental conditions, with an analysis of how the proposed operation will affect the site and its environment. The application shall, at a minimum, contain the information sp…

340-043-0040 Plan and Specifications (1) A person constructing or commencing to operate a chemical process mine or substantially modifying or expanding an existing chemical process mine shall first submit plans and specifications to the Department for construction, operation and …

340-043-0050 Design, Construction, Operation and Closure Requirements (1) All chemical process and waste disposal facilities and facilities for mixing, distribution, and application of chemicals associated with on-site mining operations; ore preparation and beneficiation faciliti…

340-043-0060 Exemption from State Permit for Hazardous Waste Treatment or Disposal Facilities (1) The state hazardous waste program requires a permit for the “treatment,” “storage” or “disposal” of any “hazardous waste” as identified or listed in OAR 340, division 101 from the De…

340-043-0070 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Purpose (1) This Division establishes criteria for the design, construction, operation and closure of chemical mining operations and supplements the provisions of OAR 340-04…

340-043-0080 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: General Provisions (1) Facilities permitted under either a WPCF or NPDES permit shall not discharge wastewater or process solutions to surface water, groundwater or soils, e…

340-043-0090 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Control of Surface Water Run-On and Run-Off (1) Surface water run-on and run-off shall be controlled such that it will not endanger the facility or become contaminated by co…

340-043-0100 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Physical Stability of Retaining Structures and Emplaced Mine Materials (1) Permit applicants must demonstrate to the Department that the design of chemical processing facili…

340-043-0110 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Protection of Wildlife (1) Wildlife shall be positively excluded from contact with chemical processing solutions and wastewaters containing chemicals. (2) The Department may…

340-043-0120 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Design, Construction, and Operation of Heap-Leach Facilities (1) This section applies to heap-leach facilities using dedicated, or expanding, pads. Heap-leach…

340-043-0130 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Disposal of Mill Tailings (1) Mill tailings shall be treated by cyanide removal, reuse, or destruction prior to disposal to reduce the amount of cyanide intro…

340-043-0140 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Disposal or Storage of Wasterock, Low-Grade Ore and Other Mined Materials The permittee shall determine the acid-producing and metals-release potential of the…

340-043-0150 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Heap-Leach and Tailings Disposal Facility Closure (1) The waste disposal facilities shall be closed under these rules in conjunction with the reclamation requ…

340-043-0160 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Post-Closure Monitoring (1) The Department may continue its permit in force for thirty (30) years after closure of the operation and will include permit requirements for per…

340-043-0170 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Land Disposal of Wastewater (1) To qualify for land disposal of excess wastewater, the permit applicant shall demonstrate to the Department that the process has been designe…

340-043-0180 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Open-Pit Closure (1) Open pits that will be left as a result of the mining operation shall be assessed prior to, and following, mining operations for the pote…

340-044-0005 Definitions As used in these regulations unless the context requires otherwise: (1) “Absorption Facility” means a system receiving the flow from septic tanks or other treatment units to distribute wastewater for oxidation and absorption by the soil within the zone of…

340-044-0010 Policy, Purpose and Effective Date (1) These rules set forth requirements for the State of Oregon Underground Injection Control (UIC) program adopted in conformance with Part C of the federal Safe Drinking Water Act (SDWA) in effect on the date of this rule adoption.…

340-044-0011 Classification of Underground Injection Systems Injection systems are classified as follows: (1) Class I. Injection systems that inject hazardous waste, radioactive waste or other fluids beneath the lowermost formation containing an underground source of drinking wat…

340-044-0012 Authorization of Underground Injection (1) Any underground injection activity, including the construction, modification, operation, or maintenance of any injection system, is prohibited unless it is: (a) Excluded from this regulation in OAR 340-044-0013; (b) Authoriz…

340-044-0013 Exclusions from Underground Injection Control Regulations The following injection activities are not covered by OAR 340-044: (1) Single family residential septic systems and cesspools; or non-residential septic systems and cesspools handling only human sanitary waste…

340-044-0014 Prohibition of Groundwater Contamination (1) No person shall construct, operate, maintain, convert, plug or abandon any injection system or conduct any injection activity that allows the direct or indirect movement of fluids containing contaminants into groundwater i…

340-044-0015 Prohibited Underground Injection (1) No person shall cause or allow the following types of Class I–IV underground injection activities: (a) Class I injection systems. (b) Class II injection systems injecting fluids for liquid hydrocarbon storage. This does not prohib…

340-044-0017 Repairs of Existing Sewage Drain Holes or Sewage Drill Holes (1) No person shall repair or attempt to repair a plugged or otherwise failing sewage drain hole or sewage drill hole unless a repair permit is issued according to the terms and conditions in OAR 340-071-02…

340-044-0018 Authorization of Underground Injection by Rule (1) A person is authorized by this rule to construct and operate an injection system if all of the following conditions are met: (a) The injection is not prohibited by OAR 340-044-0015 or by any other applicable local, s…

340-044-0020 Registration and Inventory and Other Information Requirements (1) Any owner or operator of an injection system that is not excluded by OAR 340-044-0013 must submit inventory information to register with the Director. If an owner or operator is applying for a permit, …

340-044-0035 Authorization by Permit (1) No person shall construct, place in operation or operate any allowable underground injection system without first obtaining a permit from the Director or an authorized representative unless the system is excluded by OAR 340-044-0013 or is …

340-044-0040 Decommissioning and Conversion Requirements for Underground Injection Systems (1) When an underground injection system is no longer in use for injection or is abandoned, the owner or operator shall decommission the system or convert the system to another type of well…

340-044-0055 Agreements With Other Jurisdictions The Director may enter into a memorandum of agreement with another state agency or local jurisdiction that allows the agency or jurisdiction to act as an agent for the Director with regard to underground injection systems. The agre…

340-045-0005 Purpose The purpose of these rules is to prescribe limitations on discharge of wastes and the requirements and procedures for obtaining NPDES and WPCF permits from the Oregon Department of Environmental Quality. Statutory/Other Authority: ORS 468 & 468B Statutes/Othe…

340-045-0010 Definitions (1) As used in this division unless otherwise required by context: (2) "Commission" means the Environmental Quality Commission or the Commission's authorized designee. (3) "DEQ" means the Oregon Department of Environmental Quality. (4) "Director" means th…

340-045-0015 Permit Required (1) Without first obtaining a permit from the Director, a person may not: (a) Discharge any wastes into the waters of the state from any industrial or commercial establishment or activity or any disposal system; (b) Construct, install, modify, or oper…

340-045-0020 Non-Permitted Discharges No person may discharge the following wastes into any navigable or public waters: (1) Radioactive, chemical, or biological warfare agent or high-level radioactive waste. (2) Any point source discharge that the Secretary of the Army acting thr…

340-045-0027 Public Notice and Participation Requirements For Permitting Actions (1) DEQ categorized permitting actions according to environmental and public health significance. Category I represents permit actions with low environmental and public health significance and no pub…