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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 45

REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS

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 Department.

Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468.065, ORS 468B.015 & ORS 468B.030
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76

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) "Department" means Department of Environmental Quality.

(4) "Director" means the Director of the Department of Environmental Quality or the Director's authorized designee.

(5) "Discharge or Disposal" means the placement of wastes into public waters, on land, or otherwise into the environment in a manner that affects or may tend to affect the quality of public waters.

(6) "Disposal System" means a system for disposing of wastes by surface or underground methods and includes sewerage systems, treatment works, disposal wells, and other systems but excludes onsite sewage disposal systems regulated under OAR 340-071-0160, 340-071-0162, or ORS 454.655 and systems that recirculate without discharge.

(7) "Federal Act" means Public Law 92-500, known as the Federal Water Pollution Control Act Amendments of 1972, and amendments.

(8) "General Permit" means a permit issued to a category of qualifying sources pursuant to OAR 340-045-0033 in lieu of individual permits for every source.

(9) "Industrial Waste" means any liquid, gaseous, radioactive, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources.

(10) "Municipal Separate Storm Sewer" means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, manmade channels, or storm drains that is owned or operated by a state, city, county, district, association, or other public body; is designed or used for collecting or conveying storm water; and is not a combined sewer or part of a Publicly Owned Treatment Works as defined in 40 CFR ¦122.2.

(11) "Municipal Separate Storm Sewer System or MS4" means all municipal separate storm sewers that are defined as "large," "medium," or "small" municipal separate storm sewer systems in 40 CFR ¦122.26(b).

(12) "NPDES Permit" means a waste discharge permit issued in accordance with the National Pollutant Discharge Elimination System authorized by the Federal Act and OAR chapter 340, division 045.

(13) "Navigable Waters" means all navigable waters of the United States and their tributaries; interstate waters; and intrastate lakes, rivers, and streams that are used by interstate travelers for recreation or other purposes or from which fish or shellfish are taken and sold in interstate commerce or that are used for industrial purposes by industries in interstate commerce.

(14) "Permit Action" means the issuance, modification, renewal, or revocation by the Department of a permit.

(15) "Person" means the United States and agencies thereof, state, individual, public or private corporation, political subdivision, governmental agency, municipality, copartnership, association, firm, trust, estate, or any other legal entity.

(16) "Point Source" means any discernible, confined, discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged.

(17) "Pollutant" means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewerage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste discharged into water.

(18) "Pretreatment" means the waste treatment that might take place prior to discharging to a sewerage system including but not limited to pH adjustment, oil and grease removal, screening, and detoxification.

(19) "Process Wastewater" means wastewater contaminated by industrial processes but not including non-contact cooling water or storm runoff.

(20) "Public Waters" or "Waters of the State" means lakes, bays, ponds, impounding reservoirs, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are wholly or partially within or bordering the state or within its jurisdiction.

(21) "Regional Administrator" means the Regional Administrator of Region X of the U.S. Environmental Protection Agency.

(22) "Septage" means the liquid and solid material pumped from a septic tank, holding tank, cesspool, or similar domestic sewage treatment system.

(23) "Septage Alkaline Stabilization Facility" means a facility that actively mixes alkaline material with raw septage to increase and maintain pH at 12 in the resultant mixture for sufficient time to achieve chemical stabilization.

(24) "Sewage" means water-carried human or animal waste from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration and surface water as may be present. The mixture of sewage with wastes or industrial wastes is also considered sewage.

(25) "Sewerage System" means pipelines or conduits, pumping stations, force mains, and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.

(26) "State" means the State of Oregon.

(27) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

(28) "Toxic Waste" means any waste that will cause or can reasonably be expected to cause a hazard to fish or other aquatic life or to human or animal life in the environment.

(29) "Treatment" or "Waste Treatment" means the alteration of the quality of wastewater by physical, chemical, or biological means or a combination thereof that reduces the tendency of the wastes to degrade water quality or other environmental conditions.

(30) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances that will or may cause or tend to cause pollution of any waters of the state.

(31) "WPCF Permit" means a Water Pollution Control Facilities permit to construct and operate a disposal system with no discharge to navigable waters. A WPCF permit is issued by the Director in accordance with the procedures of this division or OAR 340-071-0162.

Stat. Auth.: ORS 454.625, 454.745, 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 22-1981, f. & ef. 9-2-81; DEQ 30-1992, f. & cert. ef. 12-18-92; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 7-2004, f. & cert. ef. 8-3-04

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 operate any disposal system or part thereof or any extension or addition thereto;

(c) Increase in volume or strength any wastes in excess of the discharges authorized under an existing permit;

(d) Construct, install, operate, or conduct any industrial, commercial, or other establishment or activity or any extension or modification thereof or addition thereto if the operation or conduct would cause an increase in the discharge of wastes into the waters of the state or would otherwise unlawfully alter the physical, chemical, or biological properties of any waters of the state;

(e) Construct or use any new outlet for the discharge of any wastes into the waters of the state.

(2) Without first obtaining an NPDES permit, a person may not discharge into navigable waters pollutants from a point source or storm water subject to permit requirements in 40 CFR ¦122.26 or ¦122.33, including storm water from large, medium, and regulated small municipal separate storm sewer systems and storm water associated with industrial or construction activity.

(3) A valid NPDES permit satisfies the requirements of section (1) of this rule.

(4) A person discharging wastes into a sewerage system is not required to obtain a WPCF or NPDES permit if the owner of such sewerage system has a valid WPCF or NPDES permit. The person discharging must comply with all other applicable laws, rules, and regulations regarding water pollution.

(a) The owner of a sewerage system is responsible for controlling and treating the wastes the owner allows to be discharged into the system.

(b) Each user of the sewerage system must comply with applicable toxic and pretreatment standards and the recording, reporting, monitoring, entry, inspection, and sampling requirements of the Commission and the Federal Act and regulations and guidelines issued pursuant thereto.

(5) Each person required by sections (1) and (2) of this rule to obtain a permit must:

(a) Promptly apply to the Department for the permit;

(b) Fulfill all terms and conditions of the permit issued;

(c) Comply with applicable federal and state requirements, effluent standards, and limitations including but not limited to those contained in or promulgated pursuant to Sections 204, 301, 302, 304, 306, 307, 402, and 403 of the Federal Act and applicable federal and state water quality standards; and

(d) Comply with the Department's requirements for recording, reporting, monitoring, entry, inspection, and sampling, and make no false statements, representations, or certifications in any form, notice, report, or document required.

Stat. Auth.: ORS 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 12-2003, f. & cert. ef. 9-2-03; DEQ 7-2004, f. & cert. ef. 8-3-04

340-045-0020

Non-Permitted Discharges

Discharge of the following wastes into any navigable or public waters shall not be permitted:

(1) Radioactive, chemical, or biological warfare agent or high-level radioactive waste.

(2) Any point source discharge which the Secretary of the Army acting through the Chief of Engineers finds would substantially impair anchorage and navigation.

(3) Any point source discharge to navigable waters which the Regional Administrator has objected to in writing.

(4) Any point source discharge which is in conflict with an areawide waste treatment and management plan or amendment thereto which has been adopted in accordance with section 208 of the Federal Act.

Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468B.025
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76

340-045-0027

Public Notice and Participation Requirements For Permitting Actions

(1) The Department categorized permitting actions according to environmental and public health significance. Category I represents permit actions with low environmental and public health significance and no public notice and opportunity for public participation. Category IV represents permit actions with potentially high environmental and public health significance, and the greatest level of public notice and opportunity for public participation. The following describes the public notice and participation requirements for each category:

(a) Category I -- No public notice or opportunity for public participation.

(b) Category II -- The Department will provide public notice of the proposed action and a minimum of 30 days to submit written comments.

(c) Category III -- The Department will provide public notice of the proposed action and a minimum of 35 days to submit written comments. The Department will provide a minimum of 30 days notice for a hearing if one is scheduled. The Department will schedule a public hearing to allow interested parties to submit oral or written comments if:

(A) For NPDES permits, the Department receives written requests for public hearing during the public comment period from at least ten persons or from an organization or organizations representing at least ten persons.

(B) For WPCF permits, the Department receives written requests for public hearing within 14 days of mailing the public notice from at least ten persons or from an organization or organizations representing at least ten persons; or

(C) The Department determines that a hearing is necessary.

(d) Category IV:

(A) Once an application is considered complete, the Department will provide public notice of the receipt of a completed application and requested permitting action; and

(B) Schedule an informational meeting in the community where the facility will be or is located and provide public notice of the meeting. The Department will consider any information gathered in this process in its drafting of the proposed permit.

(C) Once a draft permit is complete, provide public notice of the proposed permit and a minimum of 40 days to submit written comments; and

(D) Schedule a public hearing to allow interested parties to submit oral or written comments. A minimum notice of 30 days shall be provided for the hearing.

(2) The following actions are classified as follows:

(a) Category I:

(A) Minor modification of an NPDES or a WPCF permit;

(B) Issuance of a special, short-term WPCF permit;

(C) Issuance of a new or renewal WPCF permit for an on-site sewage system with a design flow less than 20,000 gallons per day, regulated by OAR 340-071.

(D) NPDES or WPCF permit administrative actions that include but are not limited to: transfer of a permit to a new owner or operator, termination or revocation of a permit, denial of a permit, and withdrawal of an application.

(E) Mutual agreement and order in lieu of a WPCF permit.

(b) Category II:

(A) Mutual agreement and order in lieu of an NPDES permit unless delay in issuing order may magnify problem (see OAR 340-045-0062(4));

(B) Issuance of a renewal WPCF individual permit regulated by OAR 340-045, including a renewal of a WPCF permit for an on-site sewage system with a design flow of 20,000 gallons per day or greater, regulated by OAR 340-071.

(c) Category III:

(A) Issuance of a new or renewal NPDES individual permit unless otherwise specified in this rule;

(B) Major modification of an NPDES permit unless otherwise specified in this rule;

(C) Issuance of a new or renewal WPCF or NPDES general permit;

(D) Issuance of a biosolids land application site authorization letter for any proposed site that meets the sensitive site criteria in OAR 340-050-0030(2);

(E) Issuance of a new WPCF individual permit regulated by OAR 340-045, including a new WPCF permit for an on-site sewage system with a design flow of 20,000 gallons per day or greater, regulated by OAR 340-071.

(F) Approval of a new pretreatment program or a substantial modification to an existing approved pretreatment program;

(G) All other actions not elsewhere classified.

(d) Category IV:

(A) Issuance of a new NPDES individual permit for a major facility, as classified by the Department.

(B) Issuance of a renewal NPDES individual permit for a major facility, as classified by the Department, when there is a new or increased discharged load.

(C) Major modification of an NPDES individual permit for a major facility, as classified by the Department, when there is a new or increased discharged load.

(3) The Department may move a permit action to a higher category based on, but not limited to, the following factors:

(a) Anticipated public interest in the facility;

(b) Compliance and enforcement history of the facility or owner;

(c) Potential for significant environmental or public harm due to location or type of facility, or

(d) Federal requirements.

(4) The public notice required under section (1)(b), (c) and (d)(C) of this rule, will contain at least the following information:

(a) Name and address of the permittee and permit applicant and, if different, facility location;

(b) Type of facility including a description of the facility's process subject to the permit;

(c) Description of the proposed permitting action (i.e., new permit, renewal permit, or permit modification);

(d) Description of the permitted substances stored, disposed of, discharged, or emitted, including whether there has been an increase or decrease in the substance since the last permit action for the facility;

(e) Location and description of documents relied upon in preparing the draft permit action;

(f) Other permits required by the Department;

(g) Date of the previous permit action if a renewal or modification;

(h) Opportunity for public comment whether in writing or in person if required;

(i) Compliance, enforcement and complaint history, along with their respective resolutions; and

(j) A summary of what discretionary decisions where made by the Department in drafting the permit.

(5) The Department will provide public notice as required by this rule to the applicant, those requesting notice of the permitting action, local news media, and other interested parties as identified by the Department.

(6) All permit applications which have been received by the Department prior to the effective date of this rule, will be processed under this rule (under the category process) as best as is practicable.

Stat. Auth.: ORS 459.045, ORS 459.785, ORS 468.020, ORS 468A.040 & ORS 468B.048

Stat. Impl.: ORS 459.245, ORS 459.735, ORS 459.740, ORS 468.065, ORS 468A.040 & ORS 468B.048
Hist.: DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0030

Application for NPDES or WPCF Permit

(1) Any person wishing to obtain a new or renewal NPDES or WPCF permit from the Department 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 provided by the Department. The Director may grant permission in writing for a later date to submit a new or renewal application. The Director will not grant permission for a renewal application to be submitted later than the expiration date of the existing permit.

(2) Any person wishing to modify their NPDES or WPCF permit must submit a written application on a form provided by the Department. Applications must be submitted well in advance of the needed modification in order to process the request as required by OAR 340-045-0055.

(3) All application forms must be completed in full and signed by the applicant or the applicant's legally authorized representative. The name of the applicant must be the legal name of the owner of the facility or the owner's agent or the lessee responsible for the operation and maintenance of the facility. Applications that are correctly signed and appear administratively complete will be considered timely upon receipt. A request for further information under section (5) of this rule will not effect the timeliness of an application.

(4) Applications that are obviously incomplete, unsigned, improperly signed, or that do not contain the required exhibits clearly identified will not be accepted by the Department for filing and will be returned to the applicant for completion.

(5) Within 45 days of receipt of an application, the Department will preliminarily review an application to determine the adequacy of the information submitted. Failure to complete this review within 45 days does not preclude the Department from later requesting further information from the applicant as provided in this section.

(a) If the Department determines that additional information is needed, it will promptly request in writing the needed information from the applicant. The application will be considered withdrawn if the applicant fails to submit the requested information within 90 days of the request or such other time as the Department establishes in writing.

(b) If the Department determines that additional measures are necessary to gather facts regarding the application, it shall notify the applicant in writing that such measures will be instituted and provide the timetable and procedures to be followed. The application will be considered withdrawn if the applicant fails to comply with the additional measures.

(6) If upon review of an application, the Department determines that a permit is not required, the Department shall notify the applicant in writing of this determination. Such notification shall constitute final action by the Department on the application.

(7) An application that has been filed with the U.S. Army Corps of Engineers in accordance with Section 13 of the Federal Refuse Act, or an NPDES application that has been filed with the U.S. Environmental Protection Agency will be accepted as an application filed under this section provided the application is complete and the information on the application is still current.

Stat. Auth.: ORS 468.020, ORS 468B.020 & ORS 468B.035
Stats. Implemented: ORS 468.065, ORS 468B.015, ORS 468B.035 & ORS 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 22-1981, f. & ef. 9-2-81; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 13-2001, f. & cert. ef. 10-16-01

340-045-0033

General Permits

(1) General permits may be adopted by a rule of the Environmental Quality Commission or by order issued by the Director. A permit adopted by rule may be terminated by a later permit issued by order if the later permit covers the same activity and specifically provides for termination of the earlier permit.

(2) General permits may be developed for certain categories of minor discharge sources or minor activities where individual NPDES or WPCF permits are not necessary to adequately protect the environment. Before the Director can issue a general permit, the following conditions must be met:

(a) There must be several minor sources or activities that involve the same or substantially similar types of operations.

(b) The sources or activities must have the potential to discharge or dispose of the same or similar types of wastes.

(c) The general permit must require the same or similar monitoring requirements, effluent limitations and operating conditions for the categories.

(d) The category of sources or activities would be more appropriately controlled under a general permit than an individual permit.

(3) General permits issued after the effective date of this rule will specify the following:

(a) The requirements to obtain coverage under a general permit, including application requirements and application submittal deadlines. The Department may determine that submittal of an application is not necessary after evaluating the type of discharge, potential for toxic and conventional pollutants in the discharge, expected discharge volume, availability of other means to identify dischargers, and estimated number of dischargers to be covered by the permit. The Department's evaluation must be provided in the public notice for the general permit.

(b) The process used by the Department to notify a person that coverage under a general permit has been obtained and the discharge or activity is authorized.

(4) Although general permits may include activities throughout the state, they may also be restricted to more limited geographical areas.

(5) Prior to issuing a general permit, the Department will follow the public notice and participation procedures outlined in OAR 340-045-0027 and 340-045-0035(3). If the general permit is to be adopted into rule, the Department will also follow ORS 183.325 to 183.410. In addition the Department will make reasonable efforts to notify potentially interested persons.

(6) Any person operating a discharge source or conducting an activity described in a general permit must apply for coverage under the general permit, unless the general permit does not require submission of an application pursuant to subsection (3)(a) of this rule or the source or activity is specifically covered by an individual NPDES or WPCF permit, or a person makes an application for an individual permit pursuant to subsection (9) of this rule. Any person seeking coverage under a general permit must submit an application as required under the terms of the applicable NPDES or WPCF general permit. If application requirements are not specified in the general permit, procedures in OAR 340-045-0030 or 340-071-0162, whichever is applicable, must be followed. A person who fails to submit an application in accordance with the terms of the general permit, OAR 340-045-0030 or 340-071-0162, whichever is applicable, is not authorized to conduct the activity described in the permit.

(7) Any person required to have coverage under a general permit must pay permit fees as required in OAR 340-045-0070 to 340-045-0075 or 340-071-0140 to obtain and maintain coverage under that permit.

(8) Any permittee covered by an individual NPDES or WPCF permit may request that the individual permit be canceled or allowed to expire, and that it be covered by a general permit if its discharge or activity may be covered by an existing general permit. As long as the permittee is covered by an individual NPDES or WPCF permit, the conditions and limitations of the individual permit govern until such time as it is canceled or expires.

(9) Any person not wishing to be covered by a general permit may make application for an individual permit in accordance with OAR 340-045-0030 or 340-071-0162, whichever is applicable.

(10) The Director may refuse to authorize or renew coverage or may revoke existing coverage under a general permit as it applies to any person and require such person to apply for and obtain an individual NPDES or WPCF permit.

(a) The procedures for denial of a permit in OAR 340-045-0050 and for permit revocation in OAR 340-045-0060 apply.

(b) Any interested person may petition the Director to take action under this section.

(c) The grounds for requiring an individual permit include the following:

(A) The discharge or activity is a significant contributor of pollution or creates other environmental problems;

(B) The permittee failed to comply or is not currently in compliance with the terms and conditions of the general permit, submitted false information, or the permittee is in violation of any applicable law;

(C) A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants being discharged;

(D) For NPDES general permits, effluent limitation guidelines are promulgated for point sources covered by a general permit and the guidelines are not already in the general permit;

(E) Circumstances have changed so that the discharge or activity is no longer appropriately controlled under a general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary; or

(F) Any other relevant factors.

(11) The following general permits are adopted by reference in this rule and available for review at the Department:

(a) NPDES 200-J, Filter backwash (issued August 29, 1997);

(b) NPDES 500-J, Boiler blowdown (issued August 29, 1997);

(c) NPDES 700-PM, Suction dredges (issued July 5, 2005);

(d) NPDES 1200-A, Storm water runoff that may discharge to surface waters or conveyance systems leading to surface waters from sand, gravel & non-metallic quarrying and mining in Standard Industrial Classification (SIC) 14, asphalt mix batch plants and concrete batch plants. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR ?122.26(g); see permit for details. (issued July 26, 2002);

(e) NPDES 1200-A, Storm water runoff that may discharge to surface waters or conveyance systems leading to surface waters from sand, gravel & non-metallic quarrying and mining in SIC 14, asphalt mix batch plants and concrete batch plants. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR ?122.26(g); see permit for details. (issued July 1, 2007);

(f) NPDES 1200-C, Storm water runoff from construction activities, including clearing, grading, and excavation, and stockpiling that disturbs one or more acres, and may discharge to surface waters or conveyance systems leading to surface waters. Also included are activities that will disturb less than one acre if such activities are part of a larger common plan of development that will disturb one or more acres over time (issued December 28, 2005)

(g) NPDES 1200-CA, Government agencies responsible for storm water runoff from construction activities that disturbs five or more acres; effective December 1, 2002, construction activities that disturb one or more acres are covered (issued February 20, 2001);

(h) NPDES 1200-COLS, Storm water runoff that may discharge to surface waters in the Columbia Slough watershed or conveyance systems leading to surface waters in the Columbia Slough watershed from industrial activities; see Sources Covered section of the permit for list of specific activities. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR ?122.26(g); see permit for details. (issued September,1, 2006);

(i) NPDES 1200-Z, Storm water runoff that may discharge to surface waters or conveyance systems leading to surface waters from industrial activities; see Sources Covered section of permit for a specific list of activities. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR ?122.26(g); see permit for details. (issued July 26, 2002);

(j) NPDES 1200-Z, Storm water runoff that may discharge to surface waters or conveyance systems leading to surface waters from industrial activities; see Sources Covered section of permit for a specific list of activities covered. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR ?122.26(g); see permit for details. (issued July 1, 2007);

(k) NPDES 1500-A, Petroleum hydrocarbon cleanups discharged to surface waters (issued August 22, 2000);

(l) NPDES 1700-A, Vehicle and equipment wash water discharged to surface waters (issued March 5, 1998);

(m) NPDES 1900-J, Non-contact geothermal heat exchange (issued September 11, 1997);

(n) NPDES 01, Confined animal feeding operations (issued October 1, 2003).

Stat. Auth.: ORS 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 28-1980, f. & ef. 10-27-80; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 13-2001, f. & cert. ef. 10-16-01; DEQ 8-2002, f. & cert. ef. 8-9-02; DEQ 14-2002, f. & cert. ef. 10-16-02; DEQ 12-2003, f. & cert. ef. 9-2-03; DEQ 5-2005, f. & cert. ef. 7-1-05; DEQ 11-2005, f. & cert. ef. 12-28-05; DEQ 10-2006, f. 8-15-06, cert. ef. 9-1-06; DEQ 1-2010, f. & cert. ef. 1-22-10

340-045-0035

Issuance of NPDES Permits

(1) Following determination that it is complete for processing, each application will be reviewed on its own merits. Recommendations will be developed in accordance with provisions of all applicable statutes, rules, regulations, and effluent guidelines of the State of Oregon and the U.S. Environmental Protection Agency.

(2) The Department will formulate and prepare a tentative determination to issue or deny an NPDES permit for the discharge described in the application. If the tentative determination is to issue an NPDES permit, then a proposed NPDES permit will be drafted which includes at least the following:

(a) Proposed effluent limitations;

(b) Proposed biosolids limitations;

(c) Appropriate monitoring requirements;

(d) Proposed schedule of compliance, if necessary; established in conformance with the Federal Act and regulations issued pursuant thereto; and

(e) Other special conditions.

(3) In order to inform potentially interested persons of the proposed discharge and of the tentative determination to issue an NPDES permit, public notice will be provided as directed in sections (6) and (7) of this rule. In addition to the information required under OAR 340-045-0027(4) the public notice will contain:

(a) A description (when available) of the water quality of the receiving water body both upstream and downstream;

(b) If the waterbody is water quality limited under Section 303(d)(1) of the Clean Water Act, a description of whether the permit relates to the parameter(s) that is water quality limited and if so, how the permit will fit within the existing Total Maximum Daily Load (TMDL) or if no TMDL exists, how it is acceptable; and

(c) A description of any load increase proposed and action required for its approval.

(4) A fact sheet will be prepared for each draft NPDES permit for a major facility and for each NPDES general permit. In addition, a fact sheet will be prepared for every industrial NPDES permit that incorporates a variance and for every draft permit that the Director finds is the subject of widespread public interest or raises major issues. The fact sheet will briefly describe the principle facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. Fact sheets will contain the following, where applicable:

(a) A brief description of the type of facility or activity;

(b) The type and quantity of wastes to be discharged;

(c) Applicable standards and guidelines used as a basis for effluent and biosolids limits;

(d) An explanation of any proposed variances;

(e) A sketch, map, or detailed location of the discharge, where appropriate;

(f) Information spelling out procedures for finalizing the permit and providing additional public input, including opportunity for public hearing; and

(g) Where appropriate, an assessment of future control needs based on the adequacy of present controls, records of compliance, applicable rules and regulations;

(h) A statement of the inclusion of a biosolids management and land application plan, if appropriate; and

(i) Name and telephone number of a person to contact for additional information.

(5) After the public notice has been drafted and the proposed NPDES permit provisions have been prepared by the Department, they will be forwarded to the applicant for review and comment. These comments must be submitted in writing within 14 days after mailing of the proposed materials if the comments are to receive consideration prior to final action on the application, unless the applicant requests additional time. The applicant may also waive his right for the 14-day review time in the interest of accelerating the issuance procedures.

(6) Issuance of an NPDES permit, except a new NPDES permit for a major facility or a renewal NPDES permit for a major facility when there is a new or increased discharge load, is a Category III permitting action as described in OAR 340-045-0027. Public notice will be provided after the 14-day applicant review period has elapsed and will include the fact sheet when one is required, pursuant to section (4) of this rule.

(7) Issuance of a new NPDES permit for a major facility or a renewal NPDES permit for a major facility when there is a new or increased discharge load, is a Category IV permitting action as described in OAR 340-045-0027.

(8) At the conclusion of the public involvement period, the Director will make a final determination on the application as soon as practicable and promptly notify the applicant in writing of the final determination. For all permits that receive comments on the proposed permit requirements during the public comment period, a response to comments will be issued that specifies any changed provisions in the permit, and the reasons for the changes, and that describes and responds to all significant comments. This response to comments will be made available to the public on request. Any NPDES permit issued hereunder will contain such pertinent and particular conditions as may be required to comply with the Federal Act or regulations issued pursuant thereto. Pursuant to federal regulation, an NPDES permit will be effective for a fixed term not to exceed five years.

(a) Denial of the permit: If the Director determines that the NPDES permit should be denied, the Department will include in the notification the reasons for the denial in accordance with OAR 340-045-0050.

(b) Issuance of the permit: If conditions of the NPDES permit issued are different from the proposed provisions forwarded to the applicant for review, the notification shall include the reasons for the changes made. A copy of the NPDES permit issued shall be attached to the notification. In any case, before the Director will issue an NPDES permit that applies effluent limitations in accordance with effluent guidelines rather than water quality standards, the Director will make a determination that the permitted discharge will not violate applicable water quality standards and will provide some justification for that determination. Such justification will include, but not necessarily be limited to:

(a) A description of the anticipated effect on water quality at the mixing zone boundary of the chemical and/or physical parameter(s) upon which the size and shape of the mixing zone are based; and

(b) A statement of anticipated effect of the discharge on aquatic life.

(9) The Department's decision is effective 20 days from the date of service of the notification unless within that time the Department receives a request for a hearing from the applicant. The request for hearing must be made in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011.

Stat. Auth.: ORS 183 & ORS 468
Stats. Implemented: ORS 468.065 & ORS 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 71, f. 6-4-74, ef. 6-25-74; DEQ 126(Temp), f. & ef. 12-30-76 thru 4-28-77; DEQ 133, f. & ef. 5-2-77; DEQ 22-1981, f. & ef. 9-2-81; DEQ 13-1988, f. & cert. ef. 6-11-88; DEQ 34-1990, f. 8-20-90, cert. ef. 9-1-90; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0037

Issuance of WPCF Permits

(1) Following determination that it is complete for processing, each application will be reviewed on its own merits. Recommendations will be developed in accordance with the provisions of all applicable statutes, rules and regulations of the State of Oregon and the U.S. Environmental Protection Agency.

(2) After the public notice has been drafted and the proposed WPCF permit provisions have been prepared by the Department, they will be forwarded to the applicant for review and comment. These comments must be submitted in writing within 14 days after mailing if the comments are to receive consideration prior to final action on the application, unless the applicant requests additional time. The applicant may also waive his right for the 14-day review time in the interest of accelerating the issuance procedures.

(3) If the Department proposes to issue a permit, public notice and participation shall be provided as directed by OAR 340-045-0027.

(4) The Department must take final action on the permit application within 45 days of the close of the public comment period if a comment period is required. The Department shall consider all timely comments and any other information obtained that may be pertinent to the permit action in the formulation of a final determination.

(5) The Department shall promptly notify the applicant in writing of the final action as provided in OAR 340-011-0097 and will include a copy of the permit.

(7) The duration of a WPCF permit shall not exceed 10 years.

(8) The Department's decision is effective 20 days from the date of service of the notice unless within that time the Department receives a request for a hearing from the applicant. The request for hearing must be made in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011.

Stat. Auth.: ORS 183 & ORS 468
Stats. Implemented: ORS 468.065 & ORS 468B.050
Hist.: DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0040

Renewal of NPDES or WPCF Permits

(1) The procedures for issuance of NPDES and WPCF permits apply to renewal of these permits.

(2) If a completed application for renewal of a permit is filed with the Department pursuant to OAR 340-045-0030, the permit will not expire until final action has been taken on the renewal application.

Stat. Auth.: ORS 468.020, ORS 468B.020 & ORS 468B.035
Stats. Implemented: ORS 468.065, 468B.015, ORS 468B.035 & ORS 468B.050
Hist.: DEQ 53(Temp), f. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 21-1990, f. & cert. ef. 7-6-90; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 13-2001, f. & cert. ef. 10-16-01

340-045-0045

Transfer of an NPDES or WPCF Permit

(1) No NPDES or WPCF permit will be transferred to a third party without prior written approval from the Department. Such approval may be granted where the transferee acquires a property interest in the permitted activity and agrees in writing to fully comply with all the terms and conditions of the NPDES or WPCF permit and the rules of the Commission.

(2) An application, on a form provided by the Department, should be submitted to the Department for authorization of a transfer of permit at least 30 days prior to the proposed action.

(3) The transfer of a permit is considered a Category I permitting action as described in OAR 340-045-0027.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468.065 & ORS 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0050

Denial of an NPDES or WPCF Permit

The Department will promptly notify the applicant in writing of the denial of a permit application in accordance with OAR 340-011-0097. The notification will include the reasons for denial. The denial will become effective 20 days from the date of service of the notice unless within that time the Department receives a request for a hearing. The request for a hearing must be made in writing and state the grounds for the request. The hearing shall be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468.065 & ORS 468.070
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0055

Modification of an NPDES or WPCF Permit

(1) If the Department determines it is appropriate to initiate modification of an NPDES or WPCF permit, the Department will notify the permittee by registered or certified mail of the modification and the reasons for the modification. Department initiated modifications for NPDES permits shall be in accordance with section (2) of this rule, and for WPCF permits shall be in accordance with section (3) of this rule.

(2) The procedures for application and issuance of NPDES permits apply to any modification requested by the permittee or initiated by the Department excluding modifications that are considered minor.

(a) If the modification is minor, it is considered a Category I permitting action as described in OAR 340-045-0027. Pursuant to federal regulations, types of minor modifications include the following:

(A) Corrections of typographical errors;

(B) Requirements for more frequent monitoring and/or reporting;

(C) Changes in an interim compliance date provided the new date is not more than 120 days after the date in the existing permit and does not interfere with the final compliance date requirement;

(D) Changes to the construction schedule for a new discharger provided pollution control equipment is installed and operational prior to discharge;

(E) Deletion of a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with the existing permit limits;

(F) Incorporation of conditions from a publicly owned treatment works' pretreatment program that has been approved in accordance with OAR 340-045-0063(1).

(b) If the modification is not minor, it is considered a Category III or Category IV permitting action as described in OAR 340-045-0027. Only the conditions subject to modification are reopened during this process. The existing NPDES permit will remain in effect until the modification is final.

(3) The procedures for application and issuance of WPCF permits apply to any modification requested by the permittee or initiated by the Department excluding modifications that are considered minor.

(a) If modification to a WPCF permit is minor, as defined in section (2) of this rule for NPDES permits, it is considered a Category I permitting action as described in OAR 340-045-0027.

(c) Any other modification to a WPCF permit is considered a Category II permitting action as described in OAR 340-045-0027.

(4) The modification will become effective upon mailing unless the permittee requests a hearing within 20 days. A request for a hearing must be made in writing and state the grounds for the request. Any hearing shall be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. If a hearing is requested, the existing permit continues in effect until the a final order is issued.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468.065, ORS 468.070 & ORS 468B.050
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 13-1988, f. & cert. ef. 6-11-88; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0060

Termination or Revocation of an NPDES or WPCF Permit

(1) Automatic Termination. A permit is automatically terminated when:

(a) The Department issues a new permit for the same activity or operation;

(b) The permittee requests in writing that the permit terminate, if the Department determines that a permit is no longer needed; or

(c) The permittee fails to submit application for permit renewal as required in OAR 340-45-0030. Termination is effective on the permit expiration date.

(2) Revocation with prior notice.

(a) If the Department determines that a permittee is in non-compliance with the terms of its permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Director may revoke the permit.

(b) The Department will provide notice of the intent to revoke the permit in accordance with OAR 340-011-0097. The notice will include the reasons why the permit will be revoked. The Department must receive a written request for a hearing stating the grounds for the request within 60 days from the date of service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or a final order is issued.

(3) Revocation without prior notice.

(a) If the Department finds that the permittee's activities cause a serious danger to the public health, safety or the environment, the Department may immediately revoke or refuse to renew a permit without prior notice or opportunity for a hearing.

(b) If no advance notice of the revocation is provided, the Department will notify the permittee as soon as possible as provided in OAR 340-011-0097. The notification will state the reasons for the revocation or refusal to renew.

(c) The Department must receive a written request for a hearing stating the grounds for the request within 90 days of the service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. If the Department does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by the Department.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468.065 & ORS 468.070
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 22-1981, f. & ef. 9-2-81; DEQ 15-2000, f. & cert. ef. 10-11-00

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 will not exceed 60 days in duration from date of issuance and will be developed to ensure adequate protection or property and preservation of public health, welfare and resources. Application for a special WPCF permit must be in writing and may be in the form of a letter that fully describes the emergency and the proposed activities, operations, emissions, or discharges.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468.065 & ORS 468.070
Hist.: DEQ 15-2000, f. & cert. ef. 10-11-00

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 for an activity that does not lend itself to the normal permitting process or permit term.

(2) An MAO may include, but not necessarily be limited to, compliance schedules, effluent limitations, monitoring and reporting requirements, and/or stipulated penalties.

(3) The term of an MAO, when used in lieu of a permit, will not be longer than the term of the type of permit it is replacing.

(4) The permitting procedures in OAR 340-045 are not required for MAOs, except for the following: An MAO issued in lieu of an NPDES permit is considered a Category II permitting action as described in OAR 340-045-0027. An exception to this requirement is allowed for environmental cleanups or other instances where a delay in issuing an MAO may magnify the problem. In these situations, public notice may be issued at the same time the MAO is issued.

(5) When an MAO is used in lieu of a permit, the fee schedule for permits found in OAR 340-045-0075 will apply.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.065 & ORS 468B.050
Hist.: DEQ 21-1990, f. & cert. ef. 7-6-90; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0063

Industrial Waste Pretreatment

(1) All owners of sewerage systems which receive industrial waste subject to federal or state pretreatment standards will develop and implement a pretreatment program for controlling those industrial contributors. The program will be submitted to the Director for approval. Department approval is considered a Category III action as described in OAR 340-045-0027.

(2) The Director will review requests for revisions of categorical pretreatment standards to reflect removals achieved by the sewerage system. No removal credit is allowed unless approved by the Director.

(3) Both the owners of sewerage systems receiving industrial wastes and the industrial contributors will comply with applicable pretreatment provisions of the federal Clean Water Act and the rules of the Department.

(4) Where a question exists as to whether or not an industrial contributor falls within a particular industrial subcategory, the Director will make a written finding and shall submit it to the EPA Regional Enforcement Division Director for a final determination, unless the Enforcement Division Director waives the receipt of the Director's determination as provided in the federal regulations. In that case the Director's determination shall be final.

(5) The owner of a sewerage system receiving industrial waste is responsible for assuring that the industrial contributor meets the prohibited discharge or categorical pretreatment standards established by the United State Environmental Protection Agency or the Department, whichever is most limiting. The owner of the sewerage system may impose more stringent pretreatment standards if deemed necessary by the owner for the proper operation and maintenance of the sewerage system or disposability of the sewage sludge.

(6) The Director will review requests for Fundamentally Different Factors variances and will either deny them or concur with them and submit the concurrence to the United State Environmental Protection Agency for approval, as provided in federal regulations.

Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 454.020 & ORS 468B.035
Hist.: DEQ 16-1980, f. & ef. 5-27-80; DEQ 15-2000, f. & cert. ef. 10-11-00

340-045-0065

Other Requirements

(1) Prior to commencing construction on any waste collection, treatment, disposal, or discharge facilities for which a permit is required by OAR 340-045-0015, detailed plans and specifications must be submitted to and approved in writing by the Department as required by ORS 468B. 055 and Oregon Administrative Rules, Division 52, Review of Plans and Specifications .

(2) Monitoring, recording, and reporting procedures used to meet the requirements of a NPDES permit shall conform with the Federal Act and regulations issued thereto.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 454.020 & ORS 468B.035
Hist.: DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 126(Temp), f. & ef. 12-30-76 thru 4-28-77; DEQ 133, f. & ef. 5-2-77; DEQ 3-1999, f. & cert. ef. 2-5-99

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 annual fee in OAR 340-045-0075.

(a) A person submitting an application for a new NPDES or WPCF permit must submit the amount equal to the new-permit application fee and the first year's annual fee.

(b) A person is not required to submit a fee with an application for renewal of a NPDES or WPCF permit, unless the permit is to be modified as described in OAR 340-045-0075. A person requesting a permit modification must submit the appropriate modification fee in OAR 340-045-0075 with the application.

(c) A person is not required to pay a fee for modification of an existing, unexpired permit if the department initiates the modification and determines the modification does not require re-filing or department review of an application, plans, or specifications.

(d) When a governmental entity has an agreement with the department to assist with implementation of a general permit, the department may in that agreement lower the general permit fees established in OAR 340-045-0075 and allow the governmental entity to collect the fee for the department and retain a portion of the fee for its services.

(2) A person must pay the applicable annual fee in OAR 340-045-0075 for as long as the permit is active.

(a) The annual fee must be paid by the date specified by the department.

(b) The department will apply the annual fee submitted as part of an application for a new NPDES or WPCF permit to the first 12 months the permitted facility is put into operation.

(c) The director may alter the due date for the annual fee upon receipt of a justifiable request from a permittee. The commission may reduce or suspend the annual fee if a hardship is demonstrated.

(3) The department may refund a new-permit application fee submitted in whole or in part if the department determines that:

(a) A permit is not required; or

(b) The wrong application was filed.

(4) All fees must be made payable to the Department of Environmental Quality or the department's agent.

(5) A person assigned to the 700-PM general permit must pay either an annual fee or an optional 5-year permit registration fee according to the schedule provided in OAR 340-045-0075. The applicable fee must be submitted with the permit application and is non-refundable unless the department or the department's agent determines that the permittee cannot be assigned to the general permit. Fees must be made payable to the Department of Environmental Quality. An annual fee must be paid at the time of application, and for each following year that the permit is valid on a date specified by the department.

Stat. Auth.: ORS 454.625, 454.745, 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 454.745, 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 27-1994, f. & cert. ef. 11-15-94; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04; DEQ 5-2005, f. & cert. ef. 7-1-05; DEQ 11-2006, f. & cert. ef. 8-15-06; DEQ 15-2011, f. & cert. ef. 9-12-11

340-045-0075

Permit Fee Schedule

Permit Fee Schedule

(1) The fee schedule for onsite sewage disposal system permits, including WPCF permits, and graywater reuse and disposal system WPCF individual permits is found in OAR chapter 340, division 071.

(2) The department has established fees for various industrial, domestic and general permit categories. The industrial and domestic permit categories and fees are listed in Tables 70B and 70C. The general permit categories are defined in OAR 340-045-0033 and the fees are listed in Table 70G.

(3) The department must consider the following criteria when classifying a facility for determining applicable fees. For industrial sources that discharge to surface waters, discharge flowrate refers to the system design capacity. For industrial sources that do not discharge to surface waters, discharge flow refers to the total annual flow divided by 365:

(a) Tier 1 industry. A facility is classified as a Tier 1 industry if the facility:

(A) Discharges at a flowrate that is greater than or equal to 1 mgd; or

(B) Discharges large biochemical oxygen demand loads; or

(C) Is a large metals facility; or

(D) Has significant toxic discharges; or

(E) Has a treatment system that will have a significant adverse impact on the receiving stream if not operated properly; or

(F) Needs special regulatory control, as determined by the department.

(b) Tier 1 domestic facility. A facility is classified as a Tier 1 domestic facility if the facility:

(A) Has a dry weather design flow of 1 mgd or greater; or

(B) Serves an industry that can have a significant impact on the treatment system.

(c) Tier 2 industry or domestic facility: does not meet Tier 1 qualifying factors.

(4) New-permit application fee. Unless waived by this rule, the applicable new-permit application fee listed in Table 70A, 70C or 70G (available on the department's website or upon request) must be submitted with each application. The amount of the fee is based on the facility category and type of permit (e.g., individual vs. general).

(5) Permit modification fee. Permit modification fees are listed in Tables 70A and 70C (available on the department's website or upon request). They vary with the type of permit, the type of modification and the timing of modification as follows:

(a) Modification at time of permit renewal:

(A) Major modification — involves an increase in effluent limitations or any other change that involves significant analysis by the department;

(B) Minor modification — does not involve significant analysis by the department.

(b) Modification prior to permit renewal:

(A) Major modification — involves an increase in effluent limitations or any other change that involves significant analysis by the department. A permittee requesting a significant modification to their permit may be required by the department to enter into an agreement to pay for these services according to ORS 468.073. ORS 468.073 allows the department "to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provided during the ordinary course of department business;"

(B) Minor modification — does not involve significant analysis by the department.

(6) Annual fees. Applicable annual fees for General and Industrial permit holders may be found in Tables 70G and 70B (available on the department's website or upon request). Annual fees for domestic sources may also be found in Table 70C (available on the department's website or upon request), and consist of the following:

(a) Base annual fee. This is based on the type of treatment system and the dry weather design flow;

(b) Population-based fee. A permit holder with treatment systems other than Type F (septage alkaline stabilization facilities) must pay a population-based fee. The applicable fee may be found in Table 70D (available on the department's website or upon request);

(c) Pretreatment fee. A source required by the department to administer a pretreatment program pursuant to federal pretreatment program regulations (40CFR, Part 403; January 29, 1981 and amendments thereto) must pay an additional annual fee plus a fee for each significant industrial user specified in their annual report for the previous year. The applicable fee may be found in Table 70E (available on the department's website or upon request).

(7) Technical activities fee. Technical activity fees are listed in Tables 70F and 70H (available on the department's website or upon request). They are categorized as follows:

(a) All permits. A permittee must pay a fee for NPDES and WPCF permit-related technical activities. A fee will be charged for initial submittal of engineering plans and specifications. Fees will not be charged for revisions and re-submittals of engineering plans and specifications or for facilities plans, design studies, reports, change orders, or inspections;

(b) General permits. A permittee must pay the technical activity fee shown in Table 70H (available on the department's website or upon request) when the following activities are required for application review:

(A) Disposal system plan review;

(B) Site inspection and evaluation.

(8) For permits administered by the Oregon Department of Agriculture, the following fees are applicable until superseded by a fee schedule established by the Oregon Department of Agriculture:

(a) WPCF and NPDES General Permits #800 for Confined Animal Feeding Operations Filing Fee — $50;

(b) Individual Permits:

(A) Filing Fee — $50;

(B) New applications — $6,280;

(C) Permit renewals (including request for effluent limit modifications) — $3,140;

(D) Permit renewals (without request for effluent limit modifications) — $1,416;

(E) Permit modifications (involving increase in effluent limit modifications) — $3,140;

(F) Permit modifications (not involving an increase in effluent limitations) — $500;

(G) Annual compliance determination fee for dairies and other confined feeding operations — $705;

(H) Annual compliance determination fee for facilities not elsewhere classified with disposal of process wastewater — $1,885;

(I) Annual compliance determination fee for facilities not elsewhere classified that dispose of non-process wastewater (e.g., small cooling water discharges, boiler blowdown, filter backwash, log ponds) — $1,180.

(c) Annual compliance determination fee for facilities that dispose of wastewater only by evaporation from watertight ponds or basins — $705.

(9) A surcharge in the amount listed below is imposed on municipalities that are permittees as defined in 2007 Oregon Laws chapter 696, section 2. The surcharge is imposed to defray the cost of conducting and administering the study of persistent pollutants discharged in the State of Oregon required under 2007 Oregon Laws chapter 696, section 3. A permittee subject to the surcharge must pay one half of the surcharge on or before July 15, 2008 and the other half of the surcharge on or before July 15, 2009.

Each municipality will pay a surcharge based on a dry weather design flow in millions of gallons per day (mgd) as follows:

less than 5 mgd = $6,975.

5 mgd to 9.9 mgd = $13,950.

10 mgd and greater = $20,925.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 9-1987, f. & ef. 6-3-87; DEQ 18-1990, f. & cert. ef. 6-7-90; DEQ 10-1991, f. & cert. ef. 7-1-91; DEQ 9-1992, f. & cert. ef. 6-5-92; DEQ 10-1992, f. & cert. ef. 6-9-92; DEQ 30-1992, f. & cert. ef. 12-18-92; DEQ 20-1994, f. & cert. ef. 10-7-94; DEQ 4-1998, f. & cert. ef. 3-30-98; Administrative correction 10-22-98; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04; DEQ 5-2005, f. & cert. ef. 7-1-05; DEQ 11-2006, f. & cert. ef. 8-15-06; DEQ 5-2007, f. & cert. ef. 7-3-07; DEQ 8-2008, f. 6-27-08, cert. ef. 7-1-08; DEQ 7-2010, f. 8-27-10, cert. ef. 9-1-10; DEQ 9-2011, f. & cert. ef. 6-30-11; DEQ 15-2011, f. & cert. ef. 9-12-11; DEQ 6-2012, f. 10-31-12, cert. ef. 11-1-12; DEQ 8-2013, f. 10-23-13, cert. ef. 11-1-13

Effect of a Permit

340-045-0080

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) of the federal Clean Water Act (CWA) and ORS 468B.030, 468B.035, and 468B.048, and implementing rules, applicable to effluent limitations, including effluent limitations based upon water quality basin standards, and treatment systems operation requirements. This section does not apply to:

(a) Toxic effluent standards and prohibitions imposed under Section 307 of the CWA, and OAR Chapter 340, Division 41;

(b) Standards for sewage sludge use or disposal under Section 405(d) of the CWA; or

(c) Groundwater quality protection requirements as specified in OAR Chapter 340, Division 40.

(2) Section (1) of this rule shall not prevent the Department from instituting any proceeding for any modifications, revocation, or suspension of a permit during its term -- Including any modification of a permit necessary to implement and enforce Oregon statutes or rules enacted or adopted subsequent to issuance of the permit.

(3) Compliance with permit conditions which implement a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal pursuant to Sections 405(e) and 309 of the CWA.

(4) Nothing in this rule shall prevent the Department from instituting any proceeding against a permittee for violation of ambient water quality standards, outside of any applicable mixing zone, in effect at the time of permit issuance that are not implemented through an effluent limitation.

(5) The Commission may adopt rules which are applicable to existing permits when an emergency is declared by either the Commission or the Governor.

Stat. Auth.: ORS 468.020 & ORS 468B.035
Stats. Implemented: ORS 468.020 & ORS 468B.035
Hist.: DEQ 18-1992, f. & cert. ef. 8-7-92 (and corrected 8-12-92); DEQ 10-1993, f. & cert. ef. 6-17-93

340-045-0100

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 persist in the environment or accumulate in the tissues of humans, fish, wildlife or plants, and are listed in Column 2 of Table A.

(b) “Permittee” means a municipality in possession of a National Pollutant Discharge Elimination System or water pollution control facility permit issued by the DEQ pursuant to ORS 468B.050 for a sewage treatment facility that has a dry weather design flow capacity of one million gallons per day or more.

(c) “Initiation level” is the concentration of a persistent pollutant in a permittee’s effluent that, if exceeded, necessitates the preparation of a persistent pollutant reduction plan under ORS 468B.140.

(2) Initiation levels.

(a) Initiation levels for persistent pollutants are those values contained in Table A, or the analytical quantitation limit (concentration at which quantitative results can be reported with a high degree of confidence), whichever is higher.

(b) Initiation levels are not standards of quality and purity for the waters of this state for the purposes of ORS 468B.048 or the federal Clean Water Act.

(c) Except as specified in subsection (f), each permittee must measure the concentration of the persistent pollutants listed in Table A in its effluent, compare the results of these measurements to the initiation levels, determine whether any persistent pollutant exceeds its initiation level, and document this proposed determination in a report to DEQ. For existing permittees, the report must be filed no later than 60 calendar days after receipt of laboratory results. For permittees that first become subject to this rule after its effective date, the report must be filed within 18 months after the permittee becomes subject to the rule, unless the permittee requests and is granted a longer period by DEQ.

(d) DEQ will review this report to verify that the proposed determination is based on reliable information. If DEQ finds that the proposed determination is not based on reliable information, DEQ will make an independent determination of whether an initiation level has been exceeded.

(e) Except as specified in subsection (g), each permittee must prepare and submit to DEQ a written persistent pollutant reduction plan in accordance with ORS 468B.140(1)(a) addressing persistent pollutants that exceed the initiation level. For existing permittees, the plan must be submitted no later than July 1, 2011. For permittees that first become subject to this rule after the effective date of this rule, the plan must be submitted to DEQ within six months after the determination report required by subsection (c) is submitted, or, if DEQ makes an independent determination, six months from the date of DEQ’s independent determination or within a timeframe established by DEQ.

(f) DEQ may suspend, by written order, the requirement to measure or develop a persistent pollutant reduction plan for a listed persistent pollutant under the following circumstances:

(A) If DEQ determines it is not technically practicable to measure the pollutant in effluent or if DEQ removes a pollutant from the Priority Persistent Pollutant List; or

(B) If, based on additional monitoring done pursuant to a persistent pollutant reduction plan, DEQ determines that it is unlikely that a pollutant exists in a permittee’s effluent; or

(C) If sampling of a permittee’s effluent demonstrates that the pollutant concentration is lower than the initiation level; or

(D) If DEQ determines that there are no available laboratories capable of performing the analysis for the pollutant; or

(E) If a permittee is subject to duplicative or more stringent requirements addressing the same pollutant; or

(F) For permittees that become subject to this rule after this effective date, if DEQ determines a pollutant is unlikely to be present in effluent based on a review of available effluent data at the facility or similar facilities in the state.

(g) Permittees are not required to develop a persistent pollutant reduction plan to address cholesterol or coprostanol.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468.020 & 468B.141
Stats. Implemented: ORS 468B.138 - 468B.144
Hist.: DEQ 6-2010, f. & cert. ef. 7-6-10; DEQ 3-2011(Temp), f. & cert. ef. 3-15-11 thru 9-11-11; Administrative correction 9-23-11; MHS 9-2011(Temp), f. & cert. ef. 11-22-11 thru 5-18-12; DEQ 17-2011, f. & cert. ef. 11-18-11

340-045-0105

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 quality based effluent limits under section (3) of this rule.

These provisions do not alter the permitting authority's obligation under 40 CFR 122.44(d)(vii)(B) to develop effluent limitations consistent with the assumptions and requirements of any available waste load allocations for the discharge, that is part of a TMDL prepared by the department and approved by EPA pursuant to 40 CFR 130.7, or prepared by EPA pursuant to 40 CFR 130.7(d).

(a) An “intake pollutant” is the amount of a pollutant that is present in public waters (including groundwater as provided in subsection (d), below, at the time it is withdrawn from such waters by the discharger or other facility supplying the discharger with intake water.

(b) An intake pollutant is considered to be from the “same body of water” as the discharge if the department finds that the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee. This finding may be deemed established if:

(A) The background concentration of the pollutant in the receiving water (excluding any amount of the pollutant in the facility's discharge) is similar to that in the intake water;

(B) There is a direct hydrological connection between the intake and discharge points; and

(C) Water quality characteristics (e.g., temperature, pH, hardness) are similar in the intake and receiving waters.

(c) The department may also consider other site-specific factors relevant to the transport and fate of the pollutant to make the finding in a particular case that a pollutant would or would not have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee.

(d) An intake pollutant from groundwater may be considered to be from the “same body of water” if the department determines that the pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee, except that such a pollutant is not from the same body of water if the groundwater contains the pollutant partially or entirely due to human activity, such as industrial, commercial, or municipal operations, disposal actions, or treatment processes.

(e) The determinations made under Sections (2) and (3), below, will be made on a pollutant-by-pollutant and outfall-by-outfall basis.

(2) Consideration of Intake Pollutants in Determining Reasonable Potential:

(a) The department may determine that there is “no reasonable potential” for the discharge of an identified intake pollutant to cause or contribute to an excursion above a narrative or numeric water quality criterion contained in Oregon’s water quality standards where a discharger demonstrates to the satisfaction of the department (based upon information provided in the permit application or other information) that:

(A) The facility withdraws 100 percent of the intake water containing the pollutant from the same body of water into which the discharge is made;

(B) The facility does not contribute any additional mass of the identified intake pollutant to its wastewater;

(C) The facility does not alter the identified intake pollutant chemically or physically in a manner that would cause adverse water quality impacts to occur that would not occur if the pollutants were left in-stream;

(D) The facility does not increase the identified intake pollutant concentration at the edge of the mixing zone, or at the point of discharge if a mixing zone is not allowed, as compared to the pollutant concentration in the intake water, unless the increased concentration does not cause or contribute to an excursion above an applicable water quality standard; and

(E) The timing and location of the discharge would not cause adverse water quality impacts to occur that would not occur if the identified intake pollutant were left in-stream.

(b) Upon a finding under subsection (a) of this section that an intake pollutant in the discharge does not cause, have the reasonable potential to cause, or contribute to an excursion above an applicable water quality standard, the department is not required to include a water quality-based effluent limit for the identified intake pollutant in the facility's permit, provided:

(A) The NPDES permit evaluation report includes a determination that there is no reasonable potential for the discharge of an identified intake pollutant to cause or contribute to an excursion above an applicable numeric water quality criterion and references appropriate supporting documentation included in the administrative record;

(B) The permit requires all influent, effluent, and ambient monitoring necessary to demonstrate that the conditions above in subsection (a) of this section are maintained during the permit term; and

(C) The permit contains a re-opener clause authorizing modification or revocation and re-issuance of the permit if new information shows the discharger no longer meets the conditions in subsection (a)(A) through (E) of this section.

(3) Consideration of Intake Pollutants in Establishing Water Quality Based Effluent Limits (WQBELs):

(a) The department may consider pollutants in intake water as provided in section (3) when establishing water quality-based effluent limitations based on narrative or numeric criteria, provided that the discharger has demonstrated that the following conditions are met:

(A) The facility withdraws 100 percent of the intake water containing the pollutant from the same body of water into which the discharge is made;

(B) The observed maximum ambient background concentration and the intake water concentration of the pollutant exceeds the most stringent applicable water quality criterion for that pollutant;

(C) The facility does not alter the identified intake pollutant chemically or physically in a manner that would cause adverse water quality impacts to occur that would not occur if the pollutants were left in-stream;

(D) The facility does not increase the identified intake pollutant concentration, as defined by the department, at the point of discharge as compared to the pollutant concentration in the intake water; and

(E) The timing and location of the discharge would not cause adverse water quality impacts to occur that would not occur if the identified intake pollutant were left in-stream.

(b) Where the conditions in subsection (a) of this section are met, the department may establish a water quality-based effluent limitation allowing the facility to discharge a mass and concentration of the intake pollutant that are no greater than the mass and concentration found in the facility’s intake water. A discharger may add mass of the pollutant to its waste stream if an equal or greater mass is removed prior to discharge, so there is no net addition of the pollutant in the discharge compared to the intake water.

(c) Where proper operation and maintenance of a facility’s treatment system results in the removal of an intake water pollutant, the department may establish limitations that reflect the lower mass and concentration of the pollutant achieved by such treatment.

(d) Where intake water for a facility is provided by a municipal water supply system and the supplier provides treatment of the raw water that removes an intake water pollutant, the concentration of the intake water pollutant will be determined at the point where the water enters the water supplier’s distribution system.

(e) Where a facility discharges intake pollutants from multiple sources that originate from the receiving water body and from other water bodies, the department may derive an effluent limitation reflecting the flow-weighted amount of each source of the pollutant provided that adequate monitoring to determine compliance can be established and is included in the permit.

(f) The permit will specify how compliance with mass and concentration-based limitations for the intake water pollutant will be assessed. This may be done by basing the effluent limitation on background concentration data. Alternatively, the department may determine compliance by monitoring the pollutant concentrations in the intake water and in the effluent. This monitoring may be supplemented by monitoring internal waste streams or by a department evaluation of the use of best management practices.

(g) In addition to the above, effluent limitations must be established to comply with all other applicable State and Federal laws and regulations including technology-based requirements and anti-degradation policies.

(h) When determining whether WQBELs are necessary, information from chemical-specific, whole effluent toxicity and biological assessments will be considered independently.

(i) Permits limits must be consistent with the assumptions and requirements of waste load allocations or other provisions in a TMDL that has been approved by the EPA.

Stat. Auth.: ORS 468.020, 468B.010, 468B.020, 468B.035, 468B.110
Stats. Implemented: ORS 468B.048
Hist.: DEQ 10-2011, f. & cert. ef. 7-13-11

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