Oregon Administrative Code

340-045-0030 Application for NPDES or WPCF Permit (1) Any person wishing to obtain a new or renewal NPDES or WPCF permit from DEQ must submit a written application at least 180 days before an NPDES permit is needed or at least 60 days before a WPCF permit is needed on a form DEQ …

340-045-0033 General Permits (1) General permits may be adopted by a rule of the Environmental Quality Commission or by order the Director issues. A permit adopted by rule may be terminated by a later permit issued by order if the later permit covers the same activity and specifi…

340-045-0035 Issuance of NPDES Permits (1) DEQ will review each application on its own merits after determining the application is complete for processing. DEQ will develop recommendations under provisions of all applicable statutes, rules, regulations, and effluent guidelines of…

340-045-0037 Issuance of WPCF Permits (1) DEQ will review each application on its own merits after determining the application is complete for processing. DEQ will develop recommendations under the provisions of all applicable statutes, rules and regulations of the State of Orego…

340-045-0040 Renewal of NPDES or WPCF Permits (1) The procedures for issuing NPDES and WPCF permits apply to renewing these permits. (2) If a completed application for renewal of a permit is filed with DEQ under OAR 340-045-0030, the permit will not expire until final action has …

340-045-0045 Transfer of an NPDES or WPCF Permit (1) A person may not transfer an NPDES or WPCF permit to a third party without DEQ’s prior written approval. DEQ may grant approval where the transferee acquires a property interest in the permitted activity and agrees in writing t…

340-045-0050 Denial of an NPDES or WPCF Permit DEQ will promptly notify the applicant in writing of the denial of a permit application under OAR 340-011-0097. The notification will include the reasons for denial. The denial will become effective 20 days from the date of service o…

340-045-0055 Modification of an NPDES or WPCF Permit (1) If DEQ determines it is appropriate to initiate modification of an NPDES or WPCF permit, DEQ will notify the permittee by registered or certified mail of the modification and the reasons for the modification. DEQ-initiated …

340-045-0060 Termination or Revocation of an NPDES or WPCF Permit (1) Automatic Termination. A permit is automatically terminated when: (a) DEQ issues a new permit for the same activity or operation; (b) The permittee requests in writing that the permit terminate, if DEQ determin…

340-045-0061 Special WPCF Permit (Short-Term) The Director may waive the procedures required in OAR 340-045 and issue a special, short-term WPCF permit for unexpected or emergency activities, operations, emissions or discharges. Such a permit is valid for not more than 60 days fr…

340-045-0062 Mutual Agreement and Order (1) The Director may issue a mutual agreement and order (MAO) in lieu of or in addition to an NPDES permit or WPCF permit where the MAO is part of an enforcement action, for disposal of wastewater associated with the cleanup of a spill, or …

340-045-0063 Industrial Waste Pretreatment (1) All owners of sewerage systems that receive industrial waste subject to federal or state pretreatment standards will develop and implement a pretreatment program for controlling those industrial contributors. The system owner must su…

340-045-0065 Other Requirements (1) Before beginning construction on any waste collection, treatment, disposal, or discharge facilities for which a permit is required by OAR 340-045-0015, the facility owner or operator must submit detailed plans and specifications to, and receive…

340-045-0070 Permit Fees (1) Except for a person assigned to the 700-PM general permit, a person required to have a WPCF or NPDES permit is subject to a two-part fee consisting of the applicable new-permit application fee and the annual fee in OAR 340-045-0075. (a) A person submi…

340-045-0075 Permit Fee Schedule (1) OAR chapter 340, division 71 contains the fee schedule for onsite sewage disposal system permits, including WPCF permits, and graywater reuse and disposal system WPCF individual permits. (2) DEQ establishes fees for various industrial, domesti…

340-045-0080 Effect of a Permit: Purpose (1) A permittee in compliance with a National Pollutant Discharge Elimination System (NPDES) permit during its term is considered to be in compliance for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403, and 405(a)-(b) o…

340-045-0100 Effect of a Permit: Initiation Level Rule (1) Definitions. The definitions in ORS 468B.138 are adopted by reference. In addition, for purposes of this rule, the following definitions apply: (a) “Persistent Pollutants” are substances that are toxic and that either per…

340-045-0105 Effect of a Permit - Intake Credits (1) General Provisions. The following provisions apply to the consideration of intake pollutants in determining reasonable potential under section (2) of this rule and the consideration of intake pollutants in establishing water qu…

340-046-0005 Purpose The purpose of these rules is to regulate the beneficial use of motor vehicle bodies, chassis, parts, and accessories in the waters of the state or in locations where they may be likely to escape or be carried into said waters by any means, and the means and …

340-046-0010 Definitions Unless the context requires otherwise, as used in these rules: (1) “Department” means the Department of Environmental Quality. (2) “Motor Vehicle Bodies and Parts Thereof” means a chassis, body, or shell of a motor vehicle as defined by ORS 482.010 or of …

340-046-0015 Beneficial Uses Beneficial uses of motor vehicle bodies and parts thereof in the waters of the state or in locations where they may be likely to escape or be carried into said waters by any means: (1) The following are conditionally approved beneficial uses of motor …

340-046-0020 Requirements for Deposit Permits and approval: (1) Prior to any deposit of motor vehicle bodies and parts thereof into the waters of the state or in a location where they may be likely to escape or be carried into said waters by any means, a person must first make ap…

340-046-0025 Specific Requirements (1) If authorized for use, all motor vehicle bodies and parts thereof shall, prior to their deposit: (a) Be effectively drained of all oil and fuel, chemicals and lubricants, and any other potential water pollutant or contaminant; (b) Have all g…

340-046-0030 Other Governmental Requirements Any permit or approval granted by the Department for the deposit of motor vehicle bodies or parts thereof into the waters of the state or in areas adjacent thereto does not supersede or obviate any municipal, county, state, or federal …

340-046-0035 Violations (1) No person shall: (a) Deposit, discard, or place any motor vehicle body or parts thereof into the waters of the state for any purpose or in a location where they may be likely to escape or be carried into the waters of the state by any means, without fi…

340-048-0005 Purpose The purpose of these rules is to describe procedures for processing applications for certification pursuant to Section 401 of the Clean Water Act, 33 USC § 1341, and ORS 468B.035 through 468B.047. Statutory/Other Authority: ORS 468 Statutes/Other Implemented:…

340-048-0010 Definitions As used in these rules: (1) “Certification” means a written determination by the Director that an activity subject to Section 401 of the Clean Water Act will comply with applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act,…

340-048-0015 When Certification Required Pursuant to Section 401 of the Clean Water Act, an applicant for a federal license or permit to conduct any activity that may result in any discharge to navigable waters, including but not limited to the construction, operation, or decommi…

340-048-0020 Application for Certification (1) Applications for certification must be filed with the department, except for applications filed with the Corps pursuant to OAR 340-048-0032. (2) An application filed with the department must contain, at a minimum, the following infor…

340-048-0027 Public Participation (1) Except as provided in sections (2) and (3) of this rule, the department must provide written public notice of any proposed certification decision to potentially interested persons and adjacent property owners identified in the application. Th…

340-048-0032 Dredge and Fill The department will coordinate with the Corps in the processing of certification applications for activities requiring permits from the Corps pursuant to Section 404 of the Clean Water Act, as follows: (1) An application to the Corps for a permit cons…

340-048-0037 HART Coordination (1) Certification of an existing hydroelectric project requiring federal relicensing for which a HART is convened must be coordinated through the HART in accordance with ORS 543A.100 through 543A.115. This rule applies to such coordination occurring…

340-048-0042 Certification Decision (1) Within 90 days after an application is deemed complete by the department pursuant to OAR 340-048-0020(4), the department must provide written notice to the applicant that the certification is granted or denied or that a further specified ti…

340-048-0045 Issuance and Appeal of Certification Decision (1) The department must provide a certification decision to the applicant by mail or personal delivery in the same manner as provided for service of notice under OAR 340-011-0097 and provide written notice by appropriate …

340-048-0050 Modification or Revocation of a Certificate (1) A certification may be modified or revoked by the Director if: (a) The federal license or permit for the activity is revoked or terminated; (b) The federal license or permit or the federal licensing or permitting agency…

340-048-0055 Fee Schedule for Certifications (1) Applicability. The fees established in this rule apply to any person, including a federal agency, submitting an application for certification to DEQ. (2) Fee Determinations. To determine the appropriate fee to process and review an…

340-049-0005 Preface (1) The purpose of these rules is to help protect public health, the environment, and the water resources of Oregon by establishing requirements regarding certification of wastewater system (sewage treatment works) operators. The principal objectives of the r…

340-049-0010 Definitions As used in these regulations unless otherwise required by context: (1) "Average Dry Weather Flow" (ADWF) means the design average dry weather flow capacity of the wastewater treatment system in gallons per day or Million Gallons per Day (MGD), as approved…

340-049-0015 General Requirements (1) Each owner of a wastewater system with an Average Dry Weather Flow (ADWF) of 0.075 MGD (75,000 gallons per day) or greater design capacity must have its system supervised full-time by one or more operators who hold a valid certificate for the…

340-049-0020 Classification of Wastewater Systems (1) All wastewater systems will be classified by the Department as wastewater treatment systems and/or wastewater collection systems, as appropriate, in accordance with the following classification system:(a) Small Wastewater Syst…

340-049-0025 Criteria for Classifying Wastewater Treatment Systems (1) If more than one treatment type is used, the highest rated treatment type classification applies. (2) Wastewater treatment systems may be classified differently than indicated in Table A if: (a) They have char…

340-049-0030 Minimum Qualifications for Wastewater Treatment System and Wastewater Collection System Operator Certification (1) Minimum qualifications for Small Wastewater Systems Operator Certification are as follows: (a) Education: High school diploma, General Education Develop…

340-049-0035 Certification of Wastewater Treatment System and Wastewater Collection System Operators (1) To be considered for operator certification, a person must file a complete application with the Department using approved forms or technology by the filing deadline, if any, e…

340-049-0040 Certification and Renewal (1) Subject to these requirements and OAR 340-049-0080, a certificate holder may renew a certificate for up to a two-year period if the certificate holder files a complete renewal application with the Department by the certificate expiration…

340-049-0045 Reinstatement of Expired Certificates (1) The Department will send a notice of certificate expiration to each certificate holder at the last email address of record. Operators are not relieved of responsibility to reinstate their certificates if they do not receive t…

340-049-0050 Certificate and Reciprocity (1) The Department may accord a person with a valid certificate in good standing in another state or Canadian province, or by a Department-approved certifying entity, reciprocal treatment and issue a certificate without examination when, i…

340-049-0055 Examinations (1) Persons applying for new certificates requiring examinations, including certificates at higher grades, must be approved for examination by the Department. (2) To be admitted to an examination, a person must file a complete application with payment of…

340-049-0060 Operator Certification and Operator Certification Program Support Fees (1) Operator Certification Fees: (a) All persons applying for wastewater system operator certification must pay the applicable fee(s) listed in OAR 340-049-0065(1); (b) All applications for a new …

340-049-0065 Fee Schedules for Wastewater System Operator Certification and Operator Certification Program Support (1) Operator Certification Fee Schedule. Fees for new applications for certification, fees related to taking the exam, fees for evaluating reciprocity, fees for rene…

340-049-0070 Contracts for Part-Time Supervision (1) When a wastewater system owner enters into a contract for part-time supervision with a certified operator or entity employing a certified operator to comply with OAR 340-049-0015(3), the contract must include at least the follo…