Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 41 - WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON
Section 340-041-0053 - Mixing Zones
Universal Citation: OR Admin Rules 340-041-0053
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Department may allow a designated portion of a receiving water to serve as a zone of dilution for wastewaters and receiving waters to mix thoroughly and this zone will be defined as a mixing zone;
(2) The Department may suspend all or part of the water quality standards, or set less restrictive standards in the defined mixing zone, provided that the following conditions are met:
(a) A point source for which the mixing zone
is established may not cause or significantly contribute to any of the
following:
(A) Materials in concentrations
that will cause acute toxicity to aquatic life as measured by a Department
approved bioassay method. Acute toxicity is lethal to aquatic life as measured
by a significant difference in lethal concentration between the control and 100
percent effluent in an acute bioassay test. Lethality in 100 percent effluent
may be allowed due to ammonia and chlorine only when it is demonstrated on a
case-by-case basis that immediate dilution of the effluent within the mixing
zone reduces toxicity below lethal concentrations. The Department may on a
case-by-case basis establish a zone of immediate dilution if appropriate for
other parameters;
(B) Materials
that will settle to form objectionable deposits;
(C) Floating debris, oil, scum, or other
materials that cause nuisance conditions; and
(D) Substances in concentrations that produce
deleterious amounts of fungal or bacterial growths.
(b) A point source for which the mixing zone
is established may not cause or significantly contribute to any of the
following conditions outside the boundary of the mixing zone:
(A) Materials in concentrations that will
cause chronic (sublethal) toxicity. Chronic toxicity is measured as the
concentration that causes long-term sublethal effects, such as significantly
impaired growth or reproduction in aquatic organisms, during a testing period
based on test species life cycle. Procedures and end points will be specified
by the Department in wastewater discharge permits;
(B) Exceedances of any other water quality
standards under normal annual low flow conditions.
(c) The limits of the mixing zone must be
described in the wastewater discharge permit. In determining the location,
surface area, and volume of a mixing zone area, the Department may use
appropriate mixing zone guidelines to assess the biological, physical, and
chemical character of receiving waters, effluent, and the most appropriate
placement of the outfall, to protect instream water quality, public health, and
other beneficial uses. Based on receiving water and effluent characteristics,
the Department will define a mixing zone in the immediate area of a wastewater
discharge to:
(A) Be as small as
feasible;
(B) Avoid overlap with
any other mixing zones to the extent possible and be less than the total stream
width as necessary to allow passage of fish and other aquatic
organisms;
(C) Minimize adverse
effects on the indigenous biological community, especially when species are
present that warrant special protection for their economic importance, tribal
significance, ecological uniqueness, or other similar reasons determined by the
Department and does not block the free passage of aquatic life;
(D) Not threaten public health;
(E) Minimize adverse effects on other
designated beneficial uses outside the mixing zone.
(d) Temperature Thermal Plume Limitations.
Temperature mixing zones and effluent limits authorized under
340-041-0028(12)(b)
will be established to prevent or minimize the following adverse effects to
salmonids inside the mixing zone:
(A)
Impairment of an active salmonid spawning area where spawning redds are located
or likely to be located. This adverse effect is prevented or minimized by
limiting potential fish exposure to temperatures of 13 degrees Celsius (55.4
Fahrenheit) or more for salmon and steelhead, and 9 degrees Celsius (48 degrees
Fahrenheit) or more for bull trout;
(B) Acute impairment or instantaneous
lethality is prevented or minimized by limiting potential fish exposure to
temperatures of 32.0 degrees Celsius (89.6 degrees Fahrenheit) or more to less
than 2 seconds);
(C) Thermal shock
caused by a sudden increase in water temperature is prevented or minimized by
limiting potential fish exposure to temperatures of 25.0 degrees Celsius (77.0
degrees Fahrenheit) or more to less than 5 percent of the cross section of 100
percent of the 7Q10 low flow of the water body; the Department may develop
additional exposure timing restrictions to prevent thermal shock; and
(D) Unless the ambient temperature is 21.0
degrees of greater, migration blockage is prevented or minimized by limiting
potential fish exposure to temperatures of 21.0 degrees Celsius (69.8 degrees
Fahrenheit) or more to less than 25 percent of the cross section of 100 percent
of the 7Q10 low flow of the water body.
(e) The Department may request the applicant
of a permitted discharge for which a mixing zone is required, to submit all
information necessary to define a mixing zone, such as:
(A) Type of operation to be
conducted;
(B) Characteristics of
effluent flow rates and composition;
(C) Characteristics of low flows of receiving
waters;
(D) Description of
potential environmental effects;
(E) Proposed design for outfall
structures.
(f) The
Department may, as necessary, require mixing zone monitoring studies and/or
bioassays to be conducted to evaluate water quality or biological status within
and outside the mixing zone boundary;
(g) The Department may change mixing zone
limits or require the relocation of an outfall, if it determines that the water
quality within the mixing zone adversely affects any existing beneficial uses
in the receiving waters.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048
Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048
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