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) All basin waters, except main stem
Columbia River and Cascade lakes: 6.5 to 8.5;
(b) Cascade lakes above 3,000 feet altitude:
6.0 to 8.5.
(2) Total
Dissolved Solids. Guide concentrations listed may not be exceeded unless DEQ
specifically authorizes otherwise 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 340-041-0340: Willamette River and Tributaries - 100.0
mg/l.
(3) Minimum Design Criteria
for Treatment and Control of Sewage Wastes:
(a) Willamette River and tributaries except
Tualatin River Subbasin:
(A) During periods of
low stream flows (approximately May 1 to October 31): Treatment resulting in
monthly average effluent concentrations not to exceed 10 mg/l of BOD and 10
mg/l of SS 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 DEQ otherwise specifically authorizes, operating
all waste treatment and control facilities at maximum practical efficiency and
effectiveness so as to minimize waste discharges to public waters.
(b) Main stem Tualatin River from
mouth to Gaston (river mile 0 to 65):
(A)
During periods of low stream flows (approximately May 1 to October 31):
Treatment resulting in monthly average effluent concentrations not to exceed 10
mg/l of BOD and 10 mg/l of SS or equivalent control;
(B) During the period of high stream flows
(approximately November 1 to April 30): Treatment resulting in monthly average
effluent concentrations not to exceed 20 mg/l of BOD and 20 mg/l of SS or
equivalent control.
(c)
Main stem Tualatin River above Gaston (river mile 65) and all tributaries to
the Tualatin River: Treatment resulting in monthly average effluent
concentrations not to exceed 5 mg/l of BOD and 5 mg/l of SS or equivalent
control;
(d) Tualatin River
Subbasin: The dissolved oxygen level in the discharged effluents may not be
less than 6 mg/l;
(4)
Nonpoint source pollution control in the Tualatin River subbasin and lands
draining to Oswego Lake:
(a) Subsection (5)(b)
of this rule applies to any new land development within the Tualatin River and
Oswego Lake subbasins except those developments with application dates before
January 1, 1990. The application date is the date on which the local
jurisdiction receives a complete application for development approval as the
local jurisdiction's regulations require;
(b) For land development, no jurisdiction in
these subbasins may approve any preliminary plat, site plan, permit, or public
works project unless the conditions of the plat permit or plan approval include
an erosion control plan containing methods or interim facilities, or both, to
be constructed or used concurrently with land development and to be operated
during construction to control the discharge of sediment in the stormwater
runoff. The erosion control plan must include the following elements:
(A) Protection techniques to control soil
erosion and sediment transport to less than one ton per acre per year, as
calculated using the Natural Resources Conservation Service's Universal Soil
Loss Equation or other equivalent methods (see Figures 1 to 6 in Appendix 1 for
examples). The erosion control plan must include temporary sedimentation basins
or other sediment control devices when, because of steep slopes or other site
specific considerations, other on-site sediment control methods will not likely
keep the sediment transport to less than one ton per acre per year. The local
jurisdictions may establish additional requirements for meeting an equivalent
degree of control. Any sediment basin constructed must be sized using 1.5 feet
minimum sediment storage depth plus 2.0 feet storage depth above for a
settlement zone. The storage capacity of the basin must be sized to store all
of the sediment that is likely to be transported and collected during
construction while the erosion potential exists. When the erosion potential has
been removed, the sediment basin, or other sediment control facilities, can be
removed and the site restored as per the final site plan. All sediment basins
must be constructed with an emergency overflow to prevent erosion or failure of
the containment dike; or
(B) A soil
erosion control matrix derived from and consistent with the universal soil
equation the jurisdiction or DEQ approves.
(c) The Director may modify Appendix 1 as
necessary without approval from the Environmental Quality Commission. The
Director may modify Appendix 1 to simplify it and to make it easier for people
to apply;
(d) Subsection (5)(e) of
this rule applies to any new land development within the Tualatin River and
Oswego Lake subbasins, except:
(A) Those
developments with application dates before June 1, 1990. The application date
is the date on which the local jurisdiction receives a complete application for
development approval as that jurisdiction's regulations require;
(B) One and two family dwellings on existing
lots of record;
(C) Sewer lines,
water lines, utilities, or other land development that will not directly
increase nonpoint source pollution once construction has been completed and the
site is either restored to, or not altered from, its approximate original
condition;
(D) If the Environmental
Quality Commission determines that a jurisdiction does not need to require
stormwater quality control facilities for new development;
(E) When a jurisdiction adopts ordinances
that provide for a stormwater quality program equivalent to subsection (e) of
this section. Ordinances adopted to implement equivalent programs must:
(i) Encourage on-site retention of
stormwater, require phosphorus removal equivalent to the removal efficiency
required by subsection (e) of this section, provide for adequate operation and
maintenance of stormwater quality control facilities, and require financial
assurance, or equivalent security, that assures construction of the stormwater
quality control facilities the ordinance requires;
(ii) If the ordinances provide for exemptions
other than those allowed for by paragraphs (B) and (C) of this subsection, the
ordinances must provide for collecting in-lieu fees, or other equivalent
mechanisms, that assure financing for, and construction of, associated,
off-site stormwater quality control facilities. No exemption may be allowed if
the jurisdiction is not meeting an approved schedule for identifying location
of the off-site stormwater quality control facility to serve the development
requesting an exemption.
(e) For new development, no jurisdiction may
approve any plat, site plan, building permit or public works project in these
subbasins unless the conditions of the plat, permit, or plan approval require
permanent stormwater quality control facilities to control phosphorus loadings
associated with stormwater runoff from the development site. Jurisdictions must
encourage and provide preference to techniques and methods that prevent and
minimize pollutants from entering the storm and surface water systems.
Permanent stormwater quality control facilities for phosphorus must meet the
following requirements:
(A) The stormwater
quality control facilities must be designed to achieve a phosphorus removal
efficiency as calculated from the following equation:
Rp = 100 - 24.5/Rv
Where:
Rp = Required phosphorus removal
efficiency
Rv = Average site runoff coefficient
The average site runoff coefficient can be calculated
from the following equation:
Rv = (0.7 x A1) + (0.3 x A2) + (0.7 x A3) + (0.05 x A4)
+ (A5 x 0.0)
Where:
A1 = fraction of total area that is paved streets with
curbs and that drain to storm sewers or open ditches.
A2 = fraction of total area that is paved streets that
drain to water quality swales located on site.
A3 = fraction of total area that is building roof and
paved parking that drains to storm sewers.
A4 = fraction of total area that is grass, trees and
marsh areas.
A5 = fraction of total area for which runoff will be
collected and retained on site with no direct discharge to surface
waters.
(B) A
jurisdiction may modify the equation for Rv to allow applying additional runoff
coefficients associated with land surfaces not identified in this subsection.
DEQ must be notified in writing whenever an additional runoff coefficient is
used. The use of additional runoff coefficients must be based on scientific
data. The jurisdiction must discontinue using an additional runoff coefficient
if DEQ objects to its use in writing within ten days of receiving
notification;
(C) The stormwater
quality control facilities must be designed to meet the removal efficiency
specified in paragraph (A) of this subsection for a mean summertime storm event
totaling 0.36 inches of precipitation with an average return period of 96
hours;
(D) The removal efficiency
specified in paragraph (A) of this subsection specify only design requirements
and are not intended to be used as a basis for performance evaluation or
compliance determination of the stormwater quality control facility installed
or constructed pursuant to this subsection;
(E) A jurisdiction may approve stormwater
quality control facilities this subsection requires only if the following are
met:
(i) For developments larger than one
acre, the plat or site plan must include plans and a certification prepared by
an Oregon registered, professional engineer, that the proposed stormwater
control facilities have been designed in accordance with criteria expected to
achieve removal efficiencies for total phosphorus required by paragraph (A) of
this subsection;
(ii) The plat or
site plan must be consistent with the area and associated runoff coefficients
used to determine the removal efficiency required in paragraph (A) of this
subsection;
(iii) The developer
must provide a financial assurance, or equivalent security acceptable to the
jurisdiction, with the jurisdiction that assures that the stormwater control
facilities are constructed according to the plans established in the plat or
site plan approval. Where practicable, the jurisdiction must combine the
financial assurance this rule requires with other financial assurance
requirements imposed by the jurisdiction;
(iv) Each jurisdiction that constructs or
authorizes construction of permanent stormwater quality control facilities must
file with DEQ an operation and maintenance plan for the stormwater quality
control facilities within its jurisdiction. The operation and maintenance plan
must allow for public or private ownership, operation, and maintenance of
individual permanent stormwater quality control facilities. The jurisdiction or
private operator must operate and maintain the permanent stormwater control
facilities as the operation and maintenance plan specifies.
(f) Except as paragraph
(D) of this subsection requires, the jurisdiction may grant an exception to
subsection (e) of this section if the jurisdiction chooses to adopt and, on a
case-by-case basis, impose a one time in-lieu fee. The fee will be an option
where, because of the size of the development, topography, or other factors,
the jurisdiction determines that the construction of on-site permanent
stormwater treatment systems is impracticable or undesirable:
(A) The in-lieu fee will be based upon a
reasonable estimate of the current, prorated cost for the jurisdiction to
provide stormwater quality control facilities for the land development being
assessed the fee. Estimated costs include costs associated with off-site land
and rights-of-way acquisition, design, construction, and construction
inspection;
(B) The jurisdiction
must deposit any in-lieu fees collected under this paragraph in an account
dedicated only to reimbursing the jurisdiction for expenses related to off-site
land and rights-of-way acquisition, design, construction, and construction
inspection of stormwater quality control facilities;
(C) The ordinance establishing the in-lieu
fee must include provisions that reduce the fee in proportion to the ratio of
the site's average runoff coefficient (Rv), as established according to the
equation in paragraph (6)(e)(A) of this rule;
(D) No new development may be granted an
exemption if the jurisdiction is not meeting an approved time schedule for
identifying the location for the off-site stormwater quality control facilities
that would serve that development.
(g) DEQ may approve other mechanisms that
allow jurisdictions to grant exemptions to new development. DEQ may only
approve those mechanisms that assure financing for off-site stormwater quality
control facilities and that encourage or require on-site retention where
feasible;
(h) Subsection (b) of
this section applies until a jurisdiction adopts ordinances that provide for a
program equivalent to subsection (b) of this section, or the Environmental
Quality Commission determines such a program is not necessary when it approves
the jurisdiction's program plan required by OAR 340-041-0470(2)(g).
(5) In order to improve water
quality within the Yamhill River subbasin to meet the existing water quality
standard for pH, the following special rules for total maximum daily loads,
waste load allocations, load allocations and program plans are established:
(a) After wastewater control facilities and
program plans the EQC approved under this rule are completed, and no later than
June 30, 1994, no activities may be allowed, and no wastewater may be
discharged to the Yamhill River or its tributaries, without the EQC's
authorization, that cause the monthly median concentration of total phosphorus
to exceed 70 ug/1 as measured during the low flow period between approximately
May 1 and October 31 of each year;
[NOTE: DEQ may condition precise dates for complying
with this rule on the receiving water's physical conditions (i.e., flow
temperature). DEQ may specify the compliance dates in individual permits or
memorandums of understanding. DEQ may consider design flows, river travel
times, and other relevant information, when establishing the specific
conditions it inserts in the permits or memorandums of
understanding.]
(b) Within 90 days of adoption of these
rules, the Cities of McMinnville and Lafayette must submit a program plan and
time schedule to DEQ describing how and when they will modify their sewerage
facility to comply with this rule;
(c) The commission will review and approve
final program plans. The commission may define alternative compliance dates as
program plans are approved. All proposed final program plans must be subject to
public hearing before the commission considers them for approval;
(d) DEQ will, within 60 days of adoption of
these rules, distribute initial waste load allocations and load allocations to
the point and nonpoint sources in the basin. These allocations are considered
interim and may be redistributed based upon the conclusions of the approved
program plans.
(6)
Multiple Discharger Variance for Mercury. The following rule is a multiple
discharger variance to the fish-tissue based human health criterion for
methylmercury. The variance applies to the following facilities:
Albany-Millersburg WRF (Willamette River); Canby STP
(Willamette River); Cascade Pacific - Halsey Mill (Willamette River); City of
Molalla (Molalla River); City of Portland Tryon Creek WWTP (Willamette River);
City of Sandy (Tickle Creek); Clean Water Services Durham STP (Tualatin River);
Clean Water Services Forest Grove STP (Tualatin River), Clean Water Services
Hillsboro STP (Tualatin River), Clean Water Services Rock Creek STP (Tualatin
River); Corvallis STP (Willamette River), Cottage Grove STP (Coast Fork
Willamette River); Dallas STP (Rickreall Creek); Georgia-Pacific Halsey Mill
(Willamette River); Gervais STP (Pudding River); International Paper
Springfield Paper Mill (McKenzie River); Kellogg Creek WWTP (Willamette River);
Lebanon WWTP (South Santiam River); McMinnville WRF (South Yamhill River);
Metropolitan Wastewater Management Commission Eugene/Springfield STP
(Willamette River); Newberg STP (Willamette River); Oak Lodge Services WRF
(Willamette River); Saint Helens/Boise Cascade STP (Multnomah Channel); Salem
Willow Lake STP (Willamette River); Siltronic Corporation (Willamette River);
Silverton STP (Silver Creek); Stayton STP (North Santiam River); Sweet Home STP
(South Santiam River); Teledyne Wah Chang (Willamette River); Tri-City Service
District - Blue Heron (Willamette River); Tri-City Water Pollution Control
Plant (Willamette River); West Linn Paper Company (Willamette River); Westrock,
Newberg Mill (Willamette River); Wilsonville STP (Willamette River); Woodburn
WWTP (Pudding River);
The variance will also apply to any of the following facilities
for which DEQ would otherwise be required to establish mercury effluent limits
during the term of the variance:
Amity STP (Salt Creek); Aumsville STP (Beaver Creek); Brooks
STP (Willamette River); Brownsville STP (Calapooia River); Carlton STP (North
Yamhill River); City of Estacada (Clackamas River); City of Scappoose
(Multnomah Channel); Coburg WWTP (Unnamed tributary to Muddy Creek); Creswell
STP (Unnamed tributary to Camas Swale Creek); Dayton STP (Yamhill River);
Dundee STP (Willamette River); Halsey STP (Muddy Creek); Harrisburg Lagoon
Treatment Plant (Willamette River); Hubbard STP (Mill Creek); Independence STP
(Middle Willamette River); Jefferson STP (Santiam River); Junction City STP
(Flat Creek); Lafayette STP (Yamhill River); Lane Community College (Russel
Creek); Lowell STP (Middle Fork Willamette River); Monmouth STP (Willamette
River); Mt. Angel STP (Pudding River); Oakridge STP (Middle Fork Willamette
River); Philomath STP (Mary's River); Tangent STP (Calapooia River); Sheridan
STP (South Yamhill River); USDA Forest Service (Clackamas River); Veneta STP
(Long Tom River); Willamina STP (South Yamhill River); Yamhill STP (North
Yamhill River).
(a) Findings.The EQC
finds the following:
(A) The fishing use and
fish-tissue based human health criterion for methyl-mercury cannot be attained
within the next 20 years due to mercury from atmospheric deposition and
naturally occurring mercury in native soils. Neither the sources of mercury nor
the processes by which the mercury is transported to waterbodies can be
remedied to meet the underlying designated use and criterion within the next 20
years.
(B) There is no currently
feasible mercury treatment technology that would result in achieving water
quality-based effluent limits based on the human health criterion for
mercury.
(C) The requirements of
the variance will not result in degrading the currently attained ambient water
quality for methyl-mercury in the Willamette Basin.
(b) Term of the variance. The term of this
variance is 20 years from the date of EPA approval.
(c) Application requirements. To implement
the variance, a facility must provide to DEQ the following information:
(A) All mercury effluent data from the
previous five years, including a minimum of two years of quarterly effluent
data.
(B) A facility-specific
mercury minimization program with minimum elements described in subsection
(6)(f) of this rule for municipal facilities or subsection (6)(g) of this rule
for industrial facilities.
(d) Highest attainable condition. Permit
requirements will reflect the highest attainable condition specified in this
variance. The highest attainable condition for this variance is the level
currently achievable, as described in subsection (6)(e) below, for all
dischargers, and a requirement to develop and implement a mercury minimization
program with elements described in subsection (6)(f) of this rule for municipal
dischargers and subsection (6)(g) of this rule for industrial
dischargers.
(e) Highest attainable
condition - level currently achievable (LCA). The highest attainable condition
for all facilities covered under this variance will include the level currently
achievable. This is a quantifiable expression of the effluent condition
achievable with the pollutant control technologies in place at the time this
variance is granted when those technologies are well maintained and operated.
The LCA for this variance is the 95th percentile value of recent (e.g., two to
five years) total mercury effluent data or a previously applicable LCA,
whichever is lower.
(f) Highest
attainable condition - mercury minimization program for municipal
dischargers.The highest attainable condition for municipal dischargers will
include implementing a mercury minimization program covering the term of the
variance, which must contain the following minimum elements:
(A) A monitoring plan to include influent,
effluent and biosolids monitoring;
(B) Regulating dental offices to ensure
installation and maintenance of amalgam separators, including inspection of
dental facilities for proper management and disposal of dental waste;
(C) Identifying mercury-containing materials
at facilities and offices each municipal wastewater treatment facility operates
and implementing any recommendations for removing mercury-containing
materials;
(D) Identifying and
inspecting commercial laboratories, schools and healthcare facilities that may
have mercury and providing recommendations and outreach materials to these
facilities;
(E) Distributing
outreach materials to commercial and residential sectors;
(F) Evaluating new facilities as potential
sources of mercury, regulatory oversight of such sources of mercury under the
municipality's pre-treatment program where such sources are significant
industrial users, and outreach to provide recommendations on activities that
would reduce mercury in the facilities' discharges. Priority facilities should
include those in the timber, paper, glass, clay, cement, concrete, gypsum,
primary and fabricated metal, and electronic instrument sectors;
(G) Cleanup of legacy mercury from collection
systems;
(H) Facility-specific
activities to reduce mercury loading into the waterbody. These may include
cost-effective and reasonable best management practices for nonpoint source
controls under the control of the discharger that would make progress towards
attaining the underlying designated use and criterion; and
(I) If a facility has accomplished all
activities within its control, the facility may implement or fund mercury
reduction activities outside the discharger's control that will make progress
toward attaining the underlying designated use and criterion.
(g) Highest attainable condition -
mercury minimization program for industrial dischargers.The highest attainable
condition for industrial dischargers will include implementing a mercury
minimization program covering the term of the variance, with the following
minimum elements:
(A) A monitoring plan to
include influent, effluent and biosolids monitoring;
(B) Identifying mercury-containing materials
used in the facility, offices and testing laboratories the discharger operates,
and developing and implementing recommendations for using substitute materials
with less or no mercury;
(C)
Identifying other potential sources of mercury within the facility and
developing and implementing recommendations for reducing these
sources;
(D) Identifying other
activities within discharger's control discharger to reduce mercury loading
into the waterbody. These may include cost-effective and reasonable best
management practices for nonpoint source controls under the discharger's
control that would make progress towards attaining the underlying designated
use and criterion; and
(E) If a
facility has accomplished all activities within its control, the facility may
implement or fund mercury reduction activities outside the discharger's control
that will make progress toward attaining the underlying designated use and
criterion.
(h) State
mercury reduction activities in Oregon. The state implements numerous programs
that will, over time, including over the 20-year term of this variance, reduce
mercury loads to Willamette Basin waterbodies, including such programs as:
(A) Oregon's Dental Amalgam Law and
associated practices as required under ORS
679.520
and ORS
679.525,
and subsequent federal regulations.
(B) Airborne toxic contaminant reduction from
existing or newly permitted industrial sources through the Cleaner Air Oregon
program and other DEQ Air Quality permitting requirements.
(C) DEQ coordination with the Oregon
Department of Forestry on implementing the Forest Practices Act.
(D) DEQ coordination with the Oregon
Department of Agriculture on implementing the Oregon Agriculture Water Quality
Management Act.
(E) DEQ issuing
general discharge permits, such as Phase I and Phase II municipal separate
storm sewer system permits, industrial stormwater permits, and suction dredge
mining permits, in addition to individual wastewater discharge
permits.
(F) DEQ in-water and
upland remediation under state laws and rules, and coordination with US EPA on
Portland Harbor, Gould, and Black Butte Mine Superfund site cleanups.
(G) Regulatory and voluntary programs to
reduce or recycle products containing mercury, such as automotive light
switches, thermostats, and LCD screens and monitors.
(i) Re-evaluating the Highest Attainable
Condition. DEQ will re-evaluate the highest attainable condition for this
multiple discharger variance every five years from the date that EPA approves
this variance. DEQ will provide a written summary of this re-evaluation to EPA
within 30 days of completing the re-evaluation. If DEQ fails to submit the
re-evaluation to EPA within the specified timeframe, the variance will no
longer be the applicable water quality standard until DEQ completes the
re-evaluation and submits it to EPA.
(A) The
re-evaluation will include the following elements:
(i) A summary of the mercury reduction
activities completed and an analysis of mercury reductions facilities covered
under this variance achieved, using the data and information provided in their
annual reports; and
(ii) A
determination of the feasibility of wastewater treatment technology to attain
the water quality standard.
(B) DEQ will provide public notice on the
availability of its draft re-evaluation and provide at least 30 days
opportunity for the public to comment on the draft re-evaluation.
(C) Upon permit renewal for each facility
covered under the variance, DEQ will update conditions in the permit based on
the re-evaluation of the Highest Attainable Condition, as follows:
(i) DEQ will re-calculate each facility's
level currently achievable, as described in OAR 340-041-0345(6)(e), utilizing
the previous five years of data provided by each facility, at the time of their
permit renewal. DEQ will adjust permit limits if the data shows that the level
currently achievable is lower than the LCA in the previous permit.
(ii) DEQ will review updates to the
facility's site-specific mercury minimization plan and, if necessary, request
revisions to ensure that it is consistent with variance requirements.
(7)
Outstanding Resource Waters of Oregon (ORWs): Waldo Lake and associated
wetlands (hereafter, "Waldo Lake"). The current high water quality and
exceptional ecological and recreation values of Waldo Lake shall be maintained
and protected, except as altered by natural processes or as authorized under
(7)(a)-(c), below.
(a) No new NPDES discharge
or increase of an existing NPDES discharge to Waldo 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) No new NPDES discharge or increase of an
existing NPDES discharge to waters upstream of or tributary to Waldo Lake shall
be allowed if such discharge would degrade the water quality of Waldo Lake,
except a construction stormwater permit may be authorized for projects that
will not have more than a short-term water quality impact.
(c) Any other new discharge to Waldo Lake is
prohibited if such discharge would degrade the water quality or ecological or
recreation values of Waldo 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 from such responses shall be short term and will be mitigated
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.
Statutory/Other Authority: ORS
468.020,
468B.030,
468B.035
& 468B.048