Oregon Administrative Code

340-054-0005 Purpose (1) The rules in this division establish procedures and requirements for funding projects and activities that enhance, protect or restore water quality through the Water Pollution Control Revolving Fund, called the Clean Water State Revolving Fund. (2) This d…

340-054-0010 Definitions The following definitions apply to this rule division: (1) “Applicant” means a public agency or qualified institution that has applied for a CWSRF loan under this division. (2) “Available sewer” has the meaning given in ORS 454.779. (3) “Borrower” means a…

340-054-0011 Authorized Fund Uses DEQ will use the CWSRF only to: (1) Make loans to eligible borrowers identified in the Intended Use Plan developed under OAR 340-054-0025; (2) Fund loan reserves specified in OAR 340-054-0036; (3) Purchase bonds or acquire other debt obligations …

340-054-0015 Clean Water State Revolving Fund Loans: Eligible Projects and Activities (1) A public agency may apply for a CWSRF loan up to 100 percent of the cost of a water quality project or the project related costs for the following project types: (a) Implementing a managemen…

340-054-0022 Clean Water State Revolving Fund Loans: Loan Application Requirements (1) Application submittal. DEQ will notify interested parties at least annually of the opportunity to submit applications for a CWSRF loan. An eligible applicant may submit a CWSRF loan application…

340-054-0025 Clean Water State Revolving Fund Loans: Intended Use Plan (IUP) and Project Priority List (1) IUP development. DEQ will annually develop and submit an IUP to EPA as described in the CWA § 606 and 40 C.F.R. § 35.3150. DEQ will update the IUP as specified in section (2…

340-054-0026 Clean Water State Revolving Fund Loans: CWSRF Project Ranking Criteria for Loans (1) Category 1. Water quality standards and public health considerations. (2) Category 2. Watershed and health benefits. (3) Category 3. Other considerations. Statutory/Other Authority: …

340-054-0036 Clean Water State Revolving Fund Loans to Public Agency Borrowers: Reserves, CWSRF General Fund and Project Funding (1) Allocation to reserves and CWSRF general fund. DEQ will allocate available CWSRF funds in a state fiscal year first to the small community, plannin…

340-054-0056 Clean Water State Revolving Fund Loans: CWSRF Loan Use Conditions (1) Clean Water Act plans. DEQ will only provide a loan to a project that is consistent with plans developed under sections 303(e), 319 or 320 of the Clean Water Act. (2) Refinancing a long-term loan. …

340-054-0060 Clean Water State Revolving Fund Loans to Public Agency Borrower: Loan Agreement and Conditions DEQ will include conditions in a loan agreement that apply to the type of project being financed, including, but not limited to, the following: (1) Timely use of loan fund…

340-054-0065 Clean Water State Revolving Fund Loans to Public Agency Borrowers: Loan Types, Terms and Interest Rates (1) Loan types. A CWSRF loan to a public agency borrower must be one of the following: (a) A loan secured by a general obligation bond, as defined in ORS 287A.001(…

340-054-0066 Clean Water State Revolving Fund Loans to CDFI Borrowers: Loan Conditions and Agreements, Terms, and Interest Rates (1) The CWSRF loan to a CDFI Borrower may only be used to finance projects to (i) repair or replace failing on-site septic systems or (ii) replace fail…

340-054-0071 Purchase and Refinancing a Public Agency’s Debt Obligation: Debt Obligation Purchase DEQ may use the CWSRF to buy a public agency’s debt obligation subject to all of the following limitations: (1) The debt was incurred after March 7, 1985. (2) The debt obligation doe…

340-054-0072 Purchase and Refinancing of a Public Agency’s Debt Obligation: Bond Purchase (1) Application requirements. All application requirements for a CWSRF loan as specified in OAR 340-054-0022 apply to a bond purchase under this rule. (2) Intended Use Plan and project prior…

340-055-0005 Purpose These rules (OAR 340-055-0005 to 340-055-0030) prescribe requirements for the use of recycled water for beneficial purposes. The purpose of this division is to protect the environment and public health in the State of Oregon. Statutory/Other Authority: ORS 46…

340-055-0007 Policy It is the policy of the Environmental Quality Commission to encourage the use of recycled water for domestic, agricultural, industrial, recreational, and other beneficial purposes in a manner which protects public health and the environment of the state. The u…

340-055-0010 Definitions The following definitions apply to this division of rules: (1) “Artificial Groundwater Recharge” means the intentional addition of water diverted from another source to a groundwater reservoir. (2) "Beneficial Purpose" means a purpose where recycled water…

340-055-0012 Recycled Water Quality Standards and Requirements (1) Any person having control over the treatment or distribution or both of recycled water may distribute recycled water only for the beneficial purposes described in this rule, and must take all reasonable steps to e…

340-055-0013 Exempted Use of Recycled Water Recycled water used by a wastewater treatment system owner for landscape irrigation or for in plant processes at a wastewater treatment system is exempt from the rules of this division if: (1) The recycled water is an oxidized and disin…

340-055-0016 General Requirements for Permitting the Use of Recycled Water (1) NPDES or WPCF permit. A wastewater treatment system owner may not provide any recycled water for use unless authorized by a NPDES or WPCF permit issued by the department pursuant to OAR chapter 340, di…

340-055-0017 Treatment and Use of Recycled Water (1) Alternative treatment process. The department may approve in writing an alternative wastewater treatment process not specified in the rules of this division if it is demonstrated that the treatment is equivalent to and can achi…

340-055-0020 Groundwater Quality Protection Recycled water will not be authorized for use unless all groundwater quality protection requirements in OAR chapter 340, division 40 are met. The requirements in OAR chapter 340, division 40 are considered to be met if the wastewater tr…

340-055-0022 Monitoring and Reporting (1) The department will include in a NPDES or WPCF permit authorizing the use of recycled water, at a minimum, the monitoring requirements in OAR 340-055-0012. (2) When chlorine or a chlorine compound is used as a disinfecting agent, the depa…

340-055-0025 Recycled Water Use Plan (1) A recycled water use plan must describe how the wastewater treatment system owner will comply with the rules of this division and must include, but is not limited to, the following: (a) A description of the wastewater treatment system, inc…

340-055-0030 Operational Requirements for the Treatment and Distribution of Recycled Water (1) Bypassing. The intentional diversion of wastewater from any unit process in the wastewater treatment system for a beneficial purpose is not allowed, unless with the unit process out of …

340-056-0005 Purpose (1) These rules provide the framework for the Department to apply to the Water Resources Department for instream water rights for pollution abatement. Instream water rights protect streamflows for public uses, as defined in OAR 340-056-0100, including polluti…

340-056-0015 Policy (1) It is the policy of the Environmental Quality Commission: (a) To implement a water quality program goal to prevent, abate and control waste discharges to the waters of the state to ensure that water quality standards are maintained and beneficial uses are …

340-056-0100 Definitions (1) “Assimilative Capacity” means the ability of a receiving water to accept a quantity of a water quality constituent and still meet water quality standards. See also “Loading Capacity” below. (2) “Biennial Water Quality Status Assessment Report” is the …

340-056-0200 Selection of Receiving Waters for Instream Water Rights Application (1) The Department will consider waters of the state for instream water rights application in the following priority order, but reserves the right to apply for an instream water right on a waterbody …

340-056-0300 Instream Water Rights Evaluation and Application Procedures (1) The Department has established an instream water rights program that includes priorities and procedures for developing instream water rights applications, and methodologies to determine the amount of flo…

340-056-0320 Periodic Review of Instream Water Rights (1) Instream water rights held in trust by the Water Resources Department for the purpose of pollution abatement shall be reviewed by DEQ as follows: (a) For stream segments subject to a Total Maximum Daily Load, instream wate…

340-056-0400 Flow Determination Methodology (1) The Department will determine the instream flow need for pollution abatement based on stream specific analysis, using the methodology described below for which there is adequate data, and which, in the Department’s judgement, is mos…

340-071-0100 Definitions As used in OAR 340, divisions 71 and 73, unless otherwise specified: (1) "Absorption Area" means the entire area used for underground dispersion of the liquid portion of sewage including the area designated for a future replacement system. It may consist …

340-071-0110 Purpose These rules establish requirements for constructing, altering, repairing, operating, and maintaining onsite wastewater treatment systems. Their purpose is to restore and maintain the quality of public waters and to protect the public health and general welfar…

340-071-0120 Jurisdiction and Policy (1) DEQ may enter agreements with local governmental units authorizing those units to become DEQ's agents for permitting onsite systems, including receiving and processing applications, issuing permits, enforcing, and performing required inspe…

340-071-0130 General Standards, Prohibitions and Requirements (1) Protection of public waters from public health hazards. An agent may not authorize installing or using a system that is likely to pollute public waters or create a public health hazard. If, in the judgment of the a…

340-071-0132 Operation and Maintenance (1) Owners. Owners of onsite wastewater treatment systems must operate and maintain their systems in compliance with all permit conditions and applicable requirements in this division and must not create a public health hazard or pollute pub…

340-071-0135 Approval of New or Innovative Technologies, Materials, or Designs for Onsite Systems (1) DEQ approval. (a) Coordination with listing of alternative treatment technologies, OAR 340-071-0345. Under OAR 340-071-0345, DEQ maintains a list of alternative treatment technol…

340-071-0140 Onsite System Fees (1) This rule establishes the fees for site evaluations, permits, reports, variances, licenses, and other services DEQ provides under this division. (2) Table 9A lists the site evaluation and existing system evaluation fees. [Table not included. Se…

340-071-0150 Site Evaluation Procedures (1) A site evaluation is the first step in the process of obtaining a construction-installation permit for an onsite system. Except as otherwise provided in these rules, before obtaining a permit to construct an onsite system, a person must…

340-071-0155 Existing System Evaluation Report (1) An evaluation of an existing onsite wastewater treatment system must meet the following requirements: (a) An evaluation must be performed by a person with one or more of the qualifications listed below: (A) Professional Engineer …

340-071-0160 Permit Application Procedures — Construction-Installation, Alteration, and Repair Permits (1) Permittees. A permit to construct a system may be issued under this rule only to the owner of the real property that the system will serve. (2) Application. A completed appl…

340-071-0162 Permit Application Procedures — WPCF Permits (1) Procedures in this rule are for applications for WPCF permits for onsite systems. (2) Any person may request a new, modified, or renewal WPCF permit by submitting an application on forms DEQ provides with the specified…

340-071-0165 Permit Denial Review — Construction-Installation, Repair, Alteration Permits (1) DEQ must review a permit denied by an agent if the applicant requests review. The applicant must submit an application for review to DEQ in writing within 60 days of the date the agent i…

340-071-0170 Pre-Cover Inspections (1) System installers must request a pre-cover inspection when system construction, alteration, or repair is complete except for backfill (cover) and as a permit otherwise requires. The agent must inspect the installation to determine whether it…

340-071-0175 Certificate of Satisfactory Completion (1) The agent may issue a Certificate of Satisfactory Completion for a system installation if, the agent inspects and system and determines the system complies with applicable requirements in this division and OAR chapter 340, d…

340-071-0185 Decommissioning of Systems (1) The owner must decommission a system when: (a) A sewerage system becomes available and the facility the system serves has been connected to that sewerage system; (b) The source of sewage has been permanently eliminated; (c) The system h…

340-071-0200 Prior Construction Permits or Approvals All construction-installation permits and written approvals issued before January 1, 1974, expired on July 1, 1976. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.655 History: DEQ 11-2004, …

340-071-0205 Authorization to Use Existing Systems (1) Authorization Notice required. Except as this rule specifically allows, a person may not place into service, reconnect to, connect an accessory dwelling unit to, change the use of, or increase the projected daily sewage flow …

340-071-0210 Alteration of Existing Onsite Wastewater Treatment Systems (1) Permit required. A person may not alter or increase the design capacity of an existing onsite wastewater treatment system not under a WPCF permit without first obtaining an alteration permit under this ru…