Current through Register Vol. 63, No. 3, March 1, 2024
(1) pH
(hydrogen ion concentration). pH values may not fall outside the following
ranges:
(a) Fresh waters except Cascade
lakes: pH values may not fall outside the range of 6.5-9.0. When greater than
25 percent of ambient measurements taken between June and September are greater
than pH 8.7, and as resources are available according to priorities set by the
Department, the Department will determine whether the values higher than 8.7
are anthropogenic or natural in origin;
(b) Cascade lakes above 5,000 feet altitude:
pH values may not fall outside the range of 6.0 to 8.5.
(2) Temperature. From June 1 to September 30,
no NPDES point source that discharges to the portion of the Klamath River
designated for cool water species may cause the temperature of the water body
to increase more than 0.3°C above the natural background after mixing with
25% of the stream flow. Natural background for the Klamath River means the
temperature of the Klamath River at the outflow from Upper Klamath Lake plus
any natural warming or cooling that occurs downstream. This criterion
supersedes OAR 340-041-0028(9)(a) during the specified time period for NPDES
permitted point sources.
(3) Total
Dissolved Solids. Guide concentrations listed below may not be exceeded unless
otherwise specifically authorized by DEQ upon such conditions as it may deem
necessary to carry out the general intent of this plan and to protect the
beneficial uses set forth in OAR 340-041-0180: main stem Klamath River from
Klamath Lake to the Oregon-California Border (river miles 255 to 208.5): The
specific conductance may not exceed 400 micro-ohms at 77°F when measured at
the Oregon-California Border (river mile 208.5).
(4) Minimum Design Criteria for Treatment and
Control of Sewage Wastes:
(a) During periods
of low streams flows (approximately May 1 to October 31): Treatment resulting
in monthly average effluent concentrations not to exceed 20 mg/l of BOD and 20
of suspended solids or equivalent control;
(b) During the period of high stream flows
(approximately November 1 to April 30): A minimum of secondary treatment or
equivalent control and unless otherwise specifically authorized by the
Department, operation of all waste treatment and control facilities to maximum
practicable efficient and effectiveness so as to minimize waste discharge to
public waters.
(5) Time
Schedule for Dam Removal.
(a) DEQ may issue a
401 Water Quality Certification for the federal license or permit authorizing
the removal of J.C. Boyle Dam on the Klamath River that includes a time
schedule for compliance with water quality standards, if DEQ makes the
following findings:
(A) The dam removal and
its associated water quality impacts will be of limited duration;
(B) The dam removal and related restoration
activities will provide a net ecological benefit;
(C) The dam removal will be performed in a
manner minimizing, to the maximum extent practicable, adverse impacts to water
quality, threatened and endangered species, and beneficial uses of the Klamath
River; and
(D) The dam removal, by
the end of a specified time schedule, is not expected to cause an exceedance of
a water quality standard set forth in this Division.
(b) Any 401 Water Quality Certification
issued by DEQ for removal of J.C. Boyle Dam must:
(A) Be based on an application, evaluation,
and public participation complying with OAR chapter 340 division 48;
and
(B) Contain conditions ensuring
that the dam removal:
(i) Will be performed in
accordance with interim milestones and a time schedule specified in the
certification;
(ii) Will be
performed in a manner that, to the maximum practicable extent, minimizes
adverse impacts to water quality, threatened and endangered species, and
beneficial uses of the Klamath River (including the use of best practices and
interim and post-removal protection, mitigation, and monitoring measures);
and
(iii) Will not cause an
exceedance of a water quality standard set forth in this Division by the end of
the maximum period for meeting standards specified in the
certification.
(6) Outstanding Resource Waters of Oregon
(ORWs): Crater Lake. The current high water quality and exceptional ecological
and recreation values of Crater Lake shall be maintained and protected, except
as altered by natural processes or as authorized under (6)(a)-(b), below.
(a) No new NPDES discharge or increase of an
existing NPDES discharge to Crater Lake shall be allowed, except a construction
stormwater permit may be authorized for projects that will not have more than a
short-term water quality impact.
(b) Any other new discharge to Crater Lake is
prohibited if such discharge would degrade the water quality or ecological or
recreation values of Crater Lake, except in the following circumstances:
(A) As needed to respond to a public health
or safety emergency, including but not limited to wildfire response. The water
quality impacts of such responses shall be short term and will be mitigated or
rehabilitated to the extent practicable.
(B) As needed in connection with ecological
restoration or water quality improvement activities where short term water
quality impacts are necessary to obtain long-term restoration or water quality
improvements.
(c) The
Environmental Quality Commission acknowledges the mandate of Crater Lake
National Park to also manage the park for the purpose of providing public
access and enjoyment, as directed by the National Park Service Organic Act
(16U.S.C. 1 et
seq.).
Statutory/Other Authority: ORS
468.020,
468B.030,
468B.035
& 468B.048
Statutes/Other Implemented: ORS
468B.030,
468B.035
& 468B.048
