US Laws, Codes, Statutes & Cases

Chapter 468B — Water Quality

 

2007 EDITION

 

WATER QUALITY

 

PUBLIC HEALTH AND SAFETY

 

WATER POLLUTION CONTROL

 

(Generally)

 

468B.005  Definitions for water pollution control laws

 

468B.010  Authority of commission over water pollution; construction

 

468B.015  Policy

 

468B.020  Prevention of pollution

 

468B.025  Prohibited activities

 

468B.030  Effluent limitations; rules

 

468B.032  Alternative enforcement proceeding; request; public notice; fees

 

468B.035  Implementation of Federal Water Pollution Control Act; rules

 

(Surface Water)

 

468B.040  Certification of hydroelectric power project; comments of affected state agencies

 

468B.045  Certification of change to hydroelectric power project; notification of federal agency

 

468B.046  Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes

 

468B.047  Fees for state certification under section 401 of Federal Water Pollution Control Act; rules; disposition of fees

 

468B.048  Rules for standards of quality and purity; factors to be considered; meeting standards

 

468B.050  Water quality permit; issuance by rule or order; rules

 

468B.051  Fees for water quality permit

 

468B.052  Fees for water quality permit to operate suction dredge

 

468B.053  Alternatives to obtaining water quality permit; rules

 

468B.055  Plans and specifications for disposal, treatment and sewerage systems

 

468B.060  Liability for damage to fish or wildlife or habitat; agency to which damages payable

 

468B.062  Use attainability analysis of certain waters of state

 

468B.064  Follow-up assessments of waters of state that exceed numeric temperature criteria

 

468B.070  Prohibited activities for certain municipalities

 

468B.075  Definitions for ORS 468B.080

 

468B.080  Prohibitions relating to garbage or sewage dumping into waters of state

 

468B.083  When motor vehicle parts may be placed in waters of state; rules

 

468B.085  Depositing vehicles or manufactured structures into water prohibited

 

468B.090  Permit authorized for discharge of shrimp and crab processing by-products; conditions

 

468B.093  General permit for discharge of geothermal spring water to surface water

 

468B.095  Use of sludge on agricultural, horticultural or silvicultural land; rules

 

(Forest Operations)

 

468B.100  Definitions for ORS 468B.105 and 468B.110

 

468B.105  Review of water quality standard affecting forest operations

 

468B.110  Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards

 

(Phosphate Cleansing Agents)

 

468B.120  Definitions for ORS 468B.120 to 468B.135

 

468B.125  Policy to reduce phosphorous pollution

 

468B.130  Prohibition on sale or distribution of cleaning agents containing phosphorous; rules

 

468B.135  Exemptions

 

(Persistent Pollutants)

 

468B.138  Definitions for ORS 468B.138 to 468B.144

 

468B.139  Report; consultation with governments, agencies and organizations; surcharge

 

468B.140  Plans to reduce discharges of persistent pollutants

 

468B.141  Rules

 

468B.142  Order compelling compliance with rules; injunction; security not required; attorney fees

 

468B.143  Persistent Pollutant Control Account; establishment; uses

 

468B.144  Moneys received under ORS 468B.142; disposition

 

(Ground Water)

 

468B.150  Definitions for ORS 468B.150 to 468B.190

 

468B.155  State goal to prevent ground water contamination

 

468B.160  Ground water management and use policy

 

468B.162  Coordination of ground water activities

 

468B.164  Encouragement of federal actions

 

468B.165  Ground water contaminants; maximum levels; rules

 

468B.166  Technical advisory committee; duties; membership

 

468B.167  Ground water resource protection strategy; advisory committees

 

468B.169  Requests for funding, advice or assistance for ground water projects

 

468B.171  Awarding grants; purpose; rules

 

468B.175  Declaration of area of ground water concern

 

468B.177  Actions of department after declaration of area of ground water concern

 

468B.179  Ground water management committee; appointment; duties

 

468B.180  Declaration of ground water management area; standards

 

468B.182  Alternative appointment of ground water management committee

 

468B.183  Duties of ground water management committee after declaration of ground water management area

 

468B.184  Designation of lead agency for development of action plan; contents of action plan

 

468B.186  Comment on plan; final plan

 

468B.187  Acceptance or rejection of action plan; rules

 

468B.188  Repeal of declaration of ground water management area

 

468B.190  Ground water monitoring and assessment

 

(Underground Injection Control Program)

 

468B.195  Underground injection control program of federal Safe Drinking Water Act; rules; fees

 

468B.196  Fees

 

468B.197  Subsurface Injection Fluids Account; establishment; interest; uses

 

ANIMAL WASTE CONTROL

 

468B.200  Legislative findings

 

468B.203  Applicability of 468B.200 to 468B.230

 

468B.205  Definition of confined animal feeding operation; rules

 

468B.210  Maximum number of animals per facility; determination

 

468B.215  Fees; permit conditions; review

 

468B.217  Memorandum of understanding with Department of Agriculture

 

468B.220  Civil penalty for violation of permit requirement

 

468B.225  Prerequisite for investigation; written complaint; security deposit

 

468B.230  Department of Agriculture civil penalty authority

 

OIL OR HAZARDOUS MATERIAL SPILLAGE

 

(Generally)

 

468B.300  Definitions for ORS 468B.300 to 468B.500

 

468B.305  Entry of oil into waters of state prohibited; exceptions

 

468B.310  Liability for violation of ORS 468B.305

 

468B.315  Duty to collect and remove oil; dispersal of oil

 

468B.320  Action by state; liability for state expense; order; appeal

 

468B.325  Director’s right of entry in response to oil spill; state liability for damages

 

468B.330  Action to collect costs

 

468B.335  Effect of federal regulations of oil spillage

 

468B.337  Liquefied natural gas

 

(Contingency Planning)

 

468B.340  Legislative findings and intent

 

468B.345  Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions

 

468B.350  Standards for contingency plans; oil spill response zones; rules

 

468B.355  Contingency plans; participation in maritime association; lien; liability of maritime association; exemption from liability

 

468B.360  Review of contingency plan

 

468B.365  Plan approval; change affecting plan; certificate of approval

 

468B.370  Determination of adequacy of plan; practice drills; rules

 

468B.375  Inspection of facilities and vessels; coordination with State of Washington

 

468B.380  Tank vessel inspection program; rules

 

468B.385  Modification of approval of contingency plan; revocation of approval; violation

 

468B.390  Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility

 

468B.395  Department duties

 

468B.400  Wildlife rescue training program

 

468B.405  Fees; disposition

 

468B.410  Oil Spill Prevention Fund; uses

 

468B.412  Report regarding fees and Oil Spill Prevention Fund

 

468B.415  Oregon coast safety committee; subcommittees

 

468B.420  Safety committee recommendations

 

468B.425  Exemption from liability for removal costs or damages

 

(Willful or Negligent Discharge)

 

468B.450  Willful or negligent discharge of oil; civil penalty; authority of director to mitigate

 

468B.455  Oil Spillage Control Fund; source; use

 

468B.460  Rules

 

(Shipping)

 

468B.475  Legislative finding; need for evidence of financial assurance for ships transporting oil

 

468B.485  Methods of establishing financial assurance

 

468B.495  Interagency response plan for oil or hazardous material spills in certain waters

 

468B.500  Contents of plan

 

POLLUTANT REDUCTION TRADING PROGRAMS

 

468B.550  Short title

 

468B.555  Trading program development; priorities; fees

 

WATER POLLUTION CONTROL

 

(Generally)

 

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

      (1) “Disposal system” means a system for disposing of wastes, either by surface or underground methods and includes municipal sewerage systems, domestic sewerage systems, treatment works, disposal wells and other systems.

      (2) “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.

      (3) “Nonpoint source” means any source of pollution other than a point source.

      (4) “Point source” means any discernible, confined and discrete conveyance, including but not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, from which pollutants are or may be discharged. “Point source” does not include agricultural storm water discharges and return flows from irrigated agriculture.

      (5) “Pollution” or “water pollution” means such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

      (6) “Sewage” means the water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage of wastes or industrial wastes shall also be considered “sewage” within the meaning of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

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

      (8) “Treatment works” means any plant or other works used for the purpose of treating, stabilizing or holding wastes.

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

      (10) “Water” or “the waters of the state” include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, 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 which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. [Formerly 449.075 and then 468.700; 2003 c.469 §1]

 

      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.

      (2) The water pollution control laws of this state shall be liberally construed for the accomplishment of the purposes set forth in ORS 468B.015. [Formerly 449.070 and then 468.705]

 

      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:

      (1) To conserve the waters of the state;

      (2) To protect, maintain and improve the quality of the waters of the state for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, municipal, recreational and other legitimate beneficial uses;

      (3) To provide that no waste be discharged into any waters of this state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters;

      (4) To provide for the prevention, abatement and control of new or existing water pollution; and

      (5) To cooperate with other agencies of the state, agencies of other states and the federal government in carrying out these objectives. [Formerly 449.077 and then 468.710]

 

      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.

      (2) In order to carry out the public policy set forth in ORS 468B.015, the Department of Environmental Quality shall take such action as is necessary for the prevention of new pollution and the abatement of existing pollution by:

      (a) Fostering and encouraging the cooperation of the people, industry, cities and counties, in order to prevent, control and reduce pollution of the waters of the state; and

      (b) Requiring the use of all available and reasonable methods necessary to achieve the purposes of ORS 468B.015 and to conform to the standards of water quality and purity established under ORS 468B.048. [Formerly 449.095 and then 468.715]

 

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

      (a) Cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.

      (b) Discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

      (2) No person shall violate the conditions of any waste discharge permit issued under ORS 468B.050.

      (3) Violation of subsection (1) or (2) of this section is a public nuisance. [Formerly 449.079 and then 468.720; 1997 c.286 §5]

 

      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]

 

      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.

      (2) The department shall provide public notice of, and reasonable opportunity to comment in writing on, the civil penalty or other formal enforcement action.

      (3) After the comment period closes, the department may determine either to modify the civil penalty or other formal enforcement action based on any comment received under subsection (2) of this section or to reissue the original civil penalty or other formal enforcement action. The department shall serve the person to whom the notice of civil penalty or other formal enforcement action was addressed with a copy of any comments filed and a new notice that includes the determination of the department. The person shall then have 20 days from the date of service of the new notice in which to make written application for a hearing.

      (4) The department shall give notice to any person who commented under subsection (2) of this section of the new notice that includes the determination of the department under subsection (3) of this section. The department also shall give notice to any person who commented under subsection (2) of this section if a hearing is requested under subsection (3) of this section.

      (5) If a person does not apply for a hearing under subsection (3) of this section, a person who commented under subsection (2) of this section may request that the department hold a hearing if the person who commented makes the request in writing within 30 days of the mailing of the notice given under subsection (4) of this section. However, the department shall hold a hearing only if the request includes material evidence that the department did not consider when the department issued the civil penalty or other formal enforcement action. If the department denies the request for a hearing, the department shall provide a copy of the denial and the reasons for the denial to the requester and shall provide public notice of the denial that includes the reasons for the denial.

      (6) In a hearing under subsection (3) or (5) of this section, the person subject to the civil penalty or other formal enforcement action and any person who commented under subsection (2) of this section shall have a reasonable opportunity to be heard and to present evidence. The department shall conduct the hearing in accordance with ORS 183.745.

      (7) If a person does not request a hearing pursuant to subsection (3) or (5) of this section, the department shall issue the civil penalty or other formal enforcement action.

      (8) For purposes of judicial review under ORS 183.480 to 183.500, a person who comments under subsection (2) of this section and includes a request in writing to be a party to the civil penalty or other formal enforcement action shall have standing to be a party to an agency proceeding subject to judicial review of a final order. For the procedures established by this section only, the civil penalty or other formal enforcement action shall be deemed to be commenced for purposes of the state’s implementation of section 309(g)(6) of the Federal Water Pollution Control Act, as amended, when the department first notifies a person in writing that a violation has been documented and that the violation is being referred for formal enforcement action or will result in a civil penalty or other formal enforcement action.

      (9) The Environmental Quality Commission shall ensure that state enforcement procedures for implementing section 309(g)(6) of the Federal Water Pollution Control Act, as amended, are comparable to and not greater than the federal enforcement procedures for enforcing that federal Act.

      (10) Any person who submits a request under subsection (1) of this section shall submit with the request a basic process fee in the amount of $2,000 and a refundable hearings fee in the amount of $3,650 to pay the expenses of the department incurred under this section. If a hearing is not conducted under this section, the department shall return the refundable hearing fee to the person who submitted the request under subsection (1) of this section. All fees received under this subsection shall be deposited into the State Treasury to the credit of an account of the department. Such moneys are continuously appropriated to the department for payment of the costs of the department in carrying out the provisions of this section. [1999 c.975 §2]

 

      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.

      (2) The State Department of Agriculture may perform or cause to be performed any acts necessary to be performed by the state to implement the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and any federal regulations or guidelines issued pursuant to the Act, relating to the control and prevention of water pollution from livestock and other animal-based agricultural operations. The department may adopt rules pursuant to ORS chapter 183 for the administration and implementation of this subsection. [Formerly 468.730; 2001 c.248 §3]

 

      Note: Sections 5 and 6, chapter 523, Oregon Laws 2005, provide:

      Sec. 5. On or before January 31 of each year, the Department of Environmental Quality shall report to the Environmental Quality Commission and to an appropriate committee of the Legislative Assembly on the department’s efforts in administering a watershed approach toward water pollution control permitting. The report shall include, but need not be limited to, information that indicates:

      (1) Whether the department is issuing permits on a watershed basis.

      (2) The level of permit backlog, if any.

      (3) The time frame that the department took to apply general permit coverage to applicants.

      (4) The timeliness of the review and tracking of discharge monitoring reports.

      (5) The timeliness of the issuance of permit noncompliance notifications. [2005 c.523 §5]

      Sec. 6. Section 5 of this 2005 Act is repealed on January 2, 2010. [2005 c.523 §6]

 

(Surface Water)

 

      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:

      (a) Solicit and consider the comments of all affected state agencies relative to adverse impacts on water quality caused by the project, according to sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (b) Approve or deny a certification only after making findings that the approval or denial is consistent with:

      (A) Rules adopted by the Environmental Quality Commission on water quality;

      (B) Provisions of sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

      (C) Except as provided in subsection (2) of this section, standards established in ORS 543.017 and rules adopted by the Water Resources Commission implementing such standards; and

      (D) Except as provided in subsection (2) of this section, standards of other state and local agencies that are consistent with the standards of ORS 543.017 and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (2) If the proposed certification is for the reauthorization of a federally licensed project, as defined in ORS 543A.005, or for a project that is subject to federal relicensing but that operates under a water right that does not expire, the director shall not determine consistency under subsection (1)(b)(C) and (D) of this section, but shall determine whether the approval or denial is consistent with the rules and provisions referred to in subsection (1)(b)(A) and (B) of this section, standards established in ORS 543A.025 (2) to (4), rules adopted by the Water Resources Commission implementing such standards and rules of other state and local agencies that are consistent with the standards of ORS 543A.025 (2) to (4) and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (3) If the proposed certification is for the reauthorization of a federally licensed project, as defined in ORS 543A.005, or for a project that is subject to federal relicensing but that operates under a water right that does not expire, the director shall act in accordance with the recommendation of the Hydroelectric Application Review Team, except as provided in ORS 543A.110. If the proposed certification is for a project that is subject to federal relicensing but that operates under a water right that does not expire, and the Hydroelectric Application Review Team develops a unified state position under ORS 543A.400 (4)(b), the director shall act in accordance with the recommendation of the Hydroelectric Application Review Team, except as provided in ORS 543A.110. [Formerly 468.732; 1993 c.544 §1; 1997 c.449 §40]

 

      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:

      (1) The director shall:

      (a) Solicit and consider the comments of all affected state agencies relative to adverse impacts on water quality caused by changes in the project, according to sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (b) Approve or deny a certification of the proposed change after making findings that the approval or denial is consistent with:

      (A) Rules adopted by the Environmental Quality Commission on water quality;

      (B) Provisions of sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

      (C) Except as provided in subsection (2) of this section, standards established in ORS 543.017 and rules adopted by the Water Resources Commission implementing such standards; and

      (D) Except as provided in subsection (2) of this section, standards of other state and local agencies that are consistent with the standards of ORS 543.017 and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (2) If the proposed certification is for a change to a federally licensed project, as defined in ORS 543A.005, that has been reauthorized under ORS 543A.060 to 543A.300, or for a change to a project that is subject to federal relicensing but that operates under a water right that does not expire, the director shall not determine consistency under subsection (1)(b)(C) and (D) of this section, but shall determine consistency with the rules and provisions referred to in subsection (1)(b)(A) and (B) of this section, standards established in ORS 543A.025 (2) to (4), rules adopted by the Water Resources Commission implementing such standards and rules of other state and local agencies that are consistent with the standards of ORS 543A.025 (2) to (4) and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

      (3) On the basis of the evaluation and determination under subsections (1) and (2) of this section, the director shall notify the appropriate federal agency that:

      (a) The proposed change to the project is approved; or

      (b) There is no longer reasonable assurance that the project as changed complies with the applicable provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, because of changes in the proposed project since the director issued the construction license or permit certification. [Formerly 468.734; 1993 c.544 §2; 1997 c.449 §40a]

 

      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.

      (2) Nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A, including but not limited to review of applications by the Hydroelectric Application Review Team, shall affect the authority of the Director of the Department of Environmental Quality to act on a request for water quality certification as necessary to avoid certification being deemed waived under the one-year period prescribed by 33 U.S.C. 1341(a)(1). [1997 c.449 §40d]

 

      468B.047 Fees for state certification under section 401 of Federal Water Pollution Control Act; rules; disposition of fees. (1) The Environmental Quality Commission may establish, by rule, a schedule of fees for state certification under section 401 of the Federal Water Pollution Control Act, PL 92-500 as amended. The commission shall not assess fees under subsections (1) and (2) of this section for activities:

      (a) That have an operating permit for surface mining under ORS chapter 517;

      (b) Relating to commercial sand and gravel removal operations;

      (c) Involving removal of less than 500 cubic yards of material; or

      (d) Involving a fill of less than two acres.

      (2) As used in subsections (1) and (2) of this section, “fill” and “removal” have the meanings given in ORS 196.800.

      (3) Any fees received under subsections (1) and (2) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality and are continuously appropriated to meet the administrative expenses of the state certification program under subsections (1) and (2) of this section. [Formerly 468.068]

 

      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:

      (a) The extent, if any, to which floating solids may be permitted in the water;

      (b) The extent, if any, to which suspended solids, settleable solids, colloids or a combination of solids with other substances suspended in water may be permitted;

      (c) The extent, if any, to which organisms of the coliform group, and other bacteriological organisms or virus may be permitted in the waters;

      (d) The extent of the oxygen demand which may be permitted in the receiving waters;

      (e) The minimum dissolved oxygen content of the waters that shall be maintained;

      (f) The limits of other physical, chemical, biological or radiological properties that may be necessary for preserving the quality and purity of the waters of the state;

      (g) The extent to which any substance must be excluded from the waters for the protection and preservation of public health; and

      (h) The value of stability and the public’s right to rely upon standards as adopted for a reasonable period of time to permit institutions, municipalities, commerce, industries and others to plan, schedule, finance and operate improvements in an orderly and practical manner.

      (2) Standards established under this section shall be consistent with policies and programs for the use and control of water resources of the state adopted by the Water Resources Commission under ORS 536.220 to 536.540.

      (3) Subject to the approval of the Department of Environmental Quality, any person responsible for complying with the standards of water quality or purity established under this section shall determine the means, methods, processes, equipment and operation to meet the standards. [Formerly 449.086 and then 468.735]

 

      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:

      (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 permissive discharges specified under an existing permit.

      (d) Construct, install, operate or conduct any industrial, commercial, confined animal feeding operation or other establishment or activity o