Chapter 468B — Chapter 468B

ORS 468B.005 Definitions for water pollution control laws. As used in the laws relating to water pollution, unless the context requires otherwise

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ORS 468B.010 Authority of commission over water pollution; construction. (1) Except as otherwise provided in ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, insofar as the authority of the Environmental Quality Commission over water pollution granted by ORS 448.305, 454.010 to 454.040, 454.205 to 454.225, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B is inconsistent with any other law, or authority granted to any other state agency, the authority of the commission shall be controlling

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ORS 468B.015 Policy. Whereas pollution of the waters of the state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of the state

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ORS 468B.020 Prevention of pollution. (1) Pollution of any of the waters of the state is declared to be not a reasonable or natural use of such waters and to be contrary to the public policy of the State of Oregon, as set forth in ORS 468B.015

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ORS 468B.025 Prohibited activities. (1) Except as provided in ORS 468B.050 or 468B.053, no person shall

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ORS 468B.030 Effluent limitations; rules. In relation to the waters of the state, the Environmental Quality Commission by rule may establish effluent limitations, as defined in Section 502 of the Federal Water Pollution Control Act, as amended by Public Law 92-500, October 18, 1972, and other minimum requirements for disposal of wastes, minimum requirements for operation and maintenance of disposal systems, and all other matters pertaining to standards of quality for the waters of the state. The commission may perform or cause to be performed any and all acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act of October 18, 1972, and Acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto. [Formerly 449.081 and then 468.725]

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ORS 468B.032 Alternative enforcement proceeding; request; public notice; fees. (1) In addition to enforcement proceedings pursuant to ORS 468.090 for a violation of a provision, rule, permit or order under this chapter, the Department of Environmental Quality shall implement the procedures established under this section upon the request of the person to whom the notice of the civil penalty or other formal enforcement action is addressed if the person files the request within 20 days from the date of service of the notice. The written request shall serve in lieu of any other prescribed response

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ORS 468B.035 Implementation of Federal Water Pollution Control Act; rules. (1) The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and federal regulations or guidelines issued pursuant to the Act. The commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of this subsection

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ORS 468B.037 Federal Water Pollution Control Act; variances; minimization of negative economic impacts. To the extent allowable by federal law, the Department of Environmental Quality, through its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act and granting of variances, shall strive to protect human health and ecosystem health by controlling pollutants that are discharged into the waters of the state, as defined in ORS 468B.005, while also minimizing negative economic impacts on this state’s economy incurred through meeting conditions included in the variances. [2011 c.405 §1]

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ORS 468B.038 Federal Water Pollution Control Act; consultation with applicant for variance. When the Department of Environmental Quality grants a variance as part of its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act, the department shall consult with the applicant and, to the extent allowable by federal law, seek to

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ORS 468B.039 Procedures for developing methodologies for assessment of water quality. (1) The Department of Environmental Quality shall follow the procedures set forth in subsection (2) of this section

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ORS 468B.040 Certification of hydroelectric power project; comments of affected state agencies. (1) The Director of the Department of Environmental Quality shall approve or deny certification of any federally licensed or permitted activity related to hydroelectric power development, under section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. In making a decision as to whether to approve or deny such certification, the director shall

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ORS 468B.045 Certification of change to hydroelectric power project; notification of federal agency. Within 60 days after the Department of Environmental Quality receives notice that any federal agency is considering a permit or license application related to a change to a hydroelectric project or proposed hydroelectric project that was previously certified by the Director of the Department of Environmental Quality according to section 401 of the Federal Water Pollution Control Act P.L. 92-500, as amended

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ORS 468B.046 Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes. (1) Except as provided in ORS 543A.110, nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A shall be construed to limit or affect any authority of the Director of the Department of Environmental Quality under existing law to establish conditions for any certification granted under ORS 468B.040, 468B.045 and 33 U.S.C. 1341, including but not limited to conditions for monitoring, review and enforcement of compliance with the certification and water quality standards during construction, operation and decommissioning of a project

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ORS 468B.047 Fees for state certification under Federal Water Pollution Control Act; rules; review of department determination; disposition of fees. (1) The Environmental Quality Commission shall establish, by rule, a schedule of fees required for state certification under 33 U.S.C. 1341 of the Federal Water Pollution Control Act, as amended

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ORS 468B.048 Rules for standards of quality and purity; factors to be considered; meeting standards. (1) The Environmental Quality Commission by rule may establish standards of quality and purity for the waters of the state in accordance with the public policy set forth in ORS 468B.015. In establishing such standards, the commission shall consider the following factors

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ORS 468B.050 Water quality permit; issuance by rule or order; rules. (1) Except as provided in ORS 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which permit shall specify applicable effluent limitations, a person may not

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ORS 468B.051 Fees for water quality permits and programs. (1) Subject to subsection (2) of this section, the Environmental Quality Commission may increase the fees established under

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ORS 468B.052 [2005 c.729 §3; 2013 c.783 §11; repealed by 2017 c.300 §9]

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ORS 468B.053 Alternatives to obtaining water quality permit; rules. In lieu of a permit required under ORS 468B.025 or 468B.050, the Environmental Quality Commission by rule may

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ORS 468B.055 Plans and specifications for disposal, treatment and sewerage systems. (1) The Department of Environmental Quality may require that plans and specifications for the construction, installation or modification of disposal systems, treatment works and sewerage systems be submitted to the department for its approval or rejection

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ORS 468B.060 Liability for damage to fish or wildlife or habitat; agency to which damages payable. (1) Where the injury, death, contamination or destruction of fish or other wildlife or injury or destruction of fish or wildlife habitat results from pollution or from any violation of the conditions set forth in any permit or of the orders or rules of the Environmental Quality Commission, the person responsible for the injury, death, contamination or destruction shall be strictly liable to the state for the value of the fish or wildlife so injured or destroyed and for all costs of restoring fish and wildlife production in the affected areas, including habitat restoration

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ORS 468B.062 Use attainability analysis of certain waters of state. Consistent with the Federal Water Pollution Control Act, P.L. 92-500, as amended, the Department of Environmental Quality may determine whether selected segments of the waters of the state are capable of attaining designated uses. In conducting its use attainability analysis, the department shall include appropriate documentation and defensible data for determining whether subcategories or seasonal uses should be designated. The Director of the Department of Environmental Quality shall appoint an advisory group to nominate those waters of the state for which use attainability analysis is most warranted. [1997 c.770 §2]

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ORS 468B.064 Follow-up assessments of waters of state that exceed numeric temperature criteria. (1) The Department of Environmental Quality may perform follow-up assessments of waters of the state that are included in the 1994-1996 list pursuant to section 303 (d) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, for exceeding numeric temperature water quality criteria. The department shall give priority in performing follow-up assessments to those waters of the state listed primarily on the basis of temperature data from 1991 to 1994 and for which follow-up data are now available. The department may use follow-up data collected by a watershed council, university, soil and water conservation district or any other individual or group using data collection protocols approved by the department

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ORS 468B.065 [Formerly 468.750; renumbered 468B.083 in 1997]

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ORS 468B.066 [1997 c.770 §4; 1999 c.270 §4; repealed by 2007 c.354 §1]

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ORS 468B.070 Prohibited activities for certain municipalities. (1) No municipality shall

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ORS 468B.075 Definitions for ORS 468B.080. As used in ORS 468B.080

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ORS 468B.080 Prohibitions relating to garbage or sewage dumping into waters of state. (1) No garbage or sewage shall be discharged into or in any other manner be allowed to enter the waters of the state from any building or structure unless such garbage or sewage has been treated or otherwise disposed of in a manner approved by the Department of Environmental Quality. All plumbing fixtures in buildings or structures, including prior existing plumbing fixtures from which waste water or sewage is or may be discharged, shall be connected to and all waste water or sewage from such fixtures in buildings or structures shall be discharged into a sewerage system, septic tank system or other disposal system approved by the department pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 468, 468A and 468B

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ORS 468B.083 When motor vehicle parts may be placed in waters of state; rules. (1) The Environmental Quality Commission shall adopt rules as to the beneficial use of chassis, bodies, shells, and tires of motor vehicles in the waters of the state, including the means and methods of placing them in the waters of the state. In adopting such rules the commission shall consider, among other things

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ORS 468B.085 Depositing vehicles or manufactured structures into water prohibited. Subject to ORS 468B.083, a person, including a person in the possession or control of land, may not deposit, discard or place the chassis, body or shell of a motor vehicle as defined by ORS 801.360, a vehicle as defined by ORS 801.590, a manufactured structure as defined in ORS 446.561 or parts and accessories thereof, including tires, into the waters of the state for any purpose, or deposit, discard or place such materials in a location where the materials are likely to escape or be carried into the waters of the state by any means. [Formerly 449.109 and then 468.775; 2003 c.655 §77]

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ORS 468B.087 Mixing zone authorized for seafood processing facilities. (1) Notwithstanding any other provision of this chapter, and unless prohibited by federal law, the Environmental Quality Commission and the Department of Environmental Quality may, in a permit applicable to a seafood processing facility for the discharge of wastewater effluent into the waters of the state, allow a portion of the water body receiving the wastewater effluent to serve as a mixing zone in order to satisfy the bacteria water quality criteria for the water body if the department determines that the mixing zone would not adversely affect public health. The department’s determination must be based on a review of information that clearly demonstrates that the mixing zone would not adversely affect public health

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ORS 468B.090 Permit authorized for discharge of shrimp and crab processing by-products; conditions. (1) The Department of Environmental Quality may issue a permit to discharge shrimp and crab processing by-products into the waters of an Oregon estuary under ORS 468B.050 or 468B.053 for the purpose of enhancing aquatic life production. The permit shall impose the following conditions

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ORS 468B.093 General permit for discharge of geothermal spring water to surface water. (1) The Director of the Department of Environmental Quality shall issue a general permit for the discharge of geothermal spring water to surface water. The general permit shall cover any activity with the following characteristics

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ORS 468B.095 Use of sludge on agricultural, horticultural or silvicultural land; rules. The Environmental Quality Commission shall adopt by rule requirements for the use of sludge on agricultural, horticultural or silvicultural land including, but not limited to

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ORS 468B.100 Definitions for ORS 468B.105 and 468B.110. As used in ORS 468B.105 and 468B.110, “forestlands” and “operation” have the meaning for those terms provided in ORS 527.620. [1991 c.919 §22a]

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ORS 468B.105 Review of water quality standard affecting forest operations. Upon request of the State Board of Forestry, the Environmental Quality Commission shall review any water quality standard that affects forest operations on forestlands. The commission’s review may be limited to or coordinated with the triennial or any other regularly scheduled review of the state’s water quality standards, consistent with ORS 468B.048 and 468B.110 and applicable federal law. [1991 c.919 §23]

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ORS 468B.110 Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards. (1) Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS 468B.048, the Environmental Quality Commission or Department of Environmental Quality may, by rule or order, impose and enforce limitations or other controls which may include total maximum daily loads, wasteload allocations for point sources and load allocations for nonpoint sources, as provided in the Federal Water Pollution Control Act (33 U.S.C. 1321) and federal regulations and guidelines issued pursuant thereto

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ORS 468B.112 Definitions. As used in ORS 468B.112 to 468B.118

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ORS 468B.114 Motorized in-stream placer mining; discharge prohibited without permit; other prohibitions. (1) An operator may not allow a discharge to waters of the state from a motorized in-stream placer mining operation or activity without having an individual permit or being covered by a general permit issued under ORS 468B.050

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ORS 468B.116 Permit application; permit conditions. (1) An application for a permit under ORS 468B.050 to engage in motorized in-stream placer mining must include

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ORS 468B.118 Fees. A person shall pay the following fees to the Department of Environmental Quality for a general permit issued under ORS 468B.050 for motorized in-stream placer mining, unless the Environmental Quality Commission establishes a lower fee amount under ORS 468.065

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ORS 468B.120 Definitions for ORS 468B.120 to 468B.135. As used in ORS 468B.120 to 468B.135

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ORS 468B.125 Policy to reduce phosphorous pollution. (1) The Legislative Assembly of the State of Oregon finds that

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ORS 468B.130 Prohibition on sale or distribution of cleaning agents containing phosphorus; rules. (1) Except as provided in subsection (2) of this section, a person may not sell, offer to sell or distribute for sale within Oregon any cleaning agent containing more than 0.5 percent phosphorus by weight

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ORS 468B.135 Exemptions. ORS 468B.130 (1) and (2) do not apply to any cleaning agent

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ORS 468B.138 Definitions for ORS 468B.138 to 468B.144. As used in ORS 468B.138 to 468B.144

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ORS 468B.139 Report; consultation with governments, agencies and organizations; surcharge. (1) The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to an appropriate interim committee of the Legislative Assembly related to the environment by June 1, 2010

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ORS 468B.140 Plans to reduce discharges of persistent pollutants. (1)(a) By July 1, 2011, each permittee shall submit to the Department of Environmental Quality a plan for reducing the permittee’s discharges of persistent pollutants listed on the priority listing described in ORS 468B.139 (2)(a)

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ORS 468B.141 Rules. In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary for the administration of ORS 468B.139 and 468B.140. [2007 c.696 §5]

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