Current through Register Vol. 63, No. 3, March 1, 2024
(1) In
order to preserve or improve the existing high quality water for municipal
water supplies, recreation, and preservation of aquatic life, new or increased
waste discharges must be prohibited, except as provided by this rule, to the
waters of:
(a) The Clackamas River
Subbasin;
(b) The McKenzie River
Subbasin above the Hayden Bridge (river mile 15);
(c) The North Santiam River
Subbasin.
(2) Except as
otherwise provided for in this rule, this rule becomes effective and applies to
all permits pending or applied for after the date of filing with the Secretary
of State.
(3) Special Definitions.
The following special definitions apply to this rule:
(a) "Waste Discharges" are defined to mean
any discharge that requires and NPDES permit, WPCF permit, or 401
Certification. Individual on-site sewage disposal systems subject to issuance
of a construction-installation permit; domestic sewage facilities that
discharge less than 5,000 gallons per day under WPCF permit; biosolids land
applied within agronomic loading rates pursuant to OAR chapter 340, division
50; and reclaimed domestic waste water land applied at agronomic rates pursuant
to OAR chapter 340, division 55 are excluded from this definition.
(b) "Existing Discharges" are defined as
those discharges from point sources which existed prior to January 28,
1994;
(c) "Existing Facilities" are
defined as those for which construction started prior to January 28, 1994.
Where existing facilities are exempted from requirements placed on new
facilities, the exemption applies only to the specific permit(s) addressed in
the subsection which allows the exemption;
(d) "New" NPDES and WPCF permits are defined
to include permits for potential or existing discharges which did not
previously have a permit, and existing discharges which have a permit, but
request an increased load limitation;
(e) "Agronomic Loading Rate" means the
application of biosolids or reclaimed effluent to the land at a rate which is
designed to:
(A) Provide the quantity of plant
nutrients, usually nitrogen, needed by a food crop, feed crop, fiber crop,
cover crop or other vegetation grown on the land; and
(B) Minimize the quantity of nitrogen or
other nutrients from land applied materials that pass below the root zone of
the crop or vegetation grown on the land to groundwater.
(f) "Biosolids" means solids derived from
primary, secondary, or advanced treatment of domestic wastewater which have
been treated through one or more controlled processes that significantly reduce
pathogens and reduce volatile solids or chemical stabilize solids to the extent
that they do not attract vectors. This term refers to domestic wastewater
treatment facility solids that have undergone adequate treatment to permit
their land application;
(g)
"Reclaimed Wastewater" means treated effluent from a domestic wastewater
treatment system which, as a result of treatment, is suitable for a direct
beneficial purpose or a controlled use that could not otherwise
occur.
(4) To respond to
emergencies or to otherwise avoid imminent serious danger to public health or
welfare, the Director or designee may allow lower water quality on a short-term
basis.
(5) The Director or a
designee may renew or transfer NPDES and WPCF permits for existing facilities.
Existing facilities with NPDES permits may not be granted increases in their
permitted mass load limitations. The following restrictions and exceptions
apply:
(a) The Department may conduct an
inspection prior to permit renewal. Existing sources with general permits that
are found not to qualify for a general permit, and who wish to continue
discharging, must apply for an individual permit;
(b) Fish hatcheries (General Permit 300) and
log ponds (General Permit 400) are required to apply for an individual permit
at the time of permit renewal;
(c)
Additional industrial, confined animal feeding operations, or domestic waste
loads that are irrigated on land at agronomic rates or that otherwise meet the
conditions of section (7) of this rule is not be considered to be an increase
in the permitted wasteload.
(6) The Director or a designee may issue the
following General Permits or Certifications subject to the conditions of the
Permit or Certification:
(a) Stormwater
construction activities (General Permits 1200C and 1200CA);
(b) Underground storage tank cleanups using
best available treatment technology (General Permit 1500);
(c) Non-contact cooling water (General Permit
100);
(d) Filter backwash (General
Permit 200);
(e) Boiler blowdown
water (General Permit 500);
(f)
Suction dredging (General Permit 700) only in portions of the basins that are
not designated as Scenic Waterways under ORS 390.805 to 390.925;
(g) Federal Clean Water Act Section 401 water
quality certifications.
(7) Long-term general and individual
stormwater permits may be allowed as required by State and/or Federal law. The
following requirements apply:
(a) New
stormwater discharge permit holders must maintain a monitoring and water
quality evaluation program that is effective in evaluation of the in-stream
water quality impacts of the discharge; and
(b) When sufficient data is available to do
so, the Department will assess the water quality impacts of stormwater
discharges. Within a subbasin, if the proportion of total degradation that is
contributed by the stormwater is determined to be significant compared to that
of other permitted sources, or if the Department determines that reducing
degradation due to stormwater is cost- effective when compared to other
available pollution control options, the Department may institute regulatory
mechanisms or modify permit conditions to require control technologies and/or
practices that result in protection that is greater than that required
Statewide.
(8)
Industrial waste discharge sources, confined animal feeding operations, and
domestic sewage treatment facilities must meet the following conditions:
(a) No NPDES permits for new industrial or
new confined animal feeding operation waste discharges, or new domestic sewage
treatment facilities may be issued, except as allowed under sections (3), (4),
(5), and (6) of this rule;
(b) The
Department may issue WPCF permits for new industrial or confined animal feeding
operation waste discharges provided:
(A) There
is no waste discharge to surface water; and
(B) All groundwater quality protection
requirements of OAR
340-040-0030
are met. Neither the Department nor the Commission may grant a concentration
limit variance as provided in OAR
340-040-0030,
unless the Commission finds that all appropriate groundwater quality protection
requirements and compliance monitoring are met and there will be no measurable
change in the water quality of the surface water that would be potentially
affected by the proposed facility. For any variance request, a public hearing
must be held prior to Commission action on the request.
(c) The Department may issue WPCF permits for
new domestic sewage treatment facilities provided there is no waste discharge
to surface water and provided:
(A) All
groundwater quality protection requirements of OAR
340-040-0030
are met. Neither the Department nor the Commission may grant a concentration
limit variance as provided in OAR
340-040-0030,
unless the Commission finds that all appropriate groundwater quality protection
requirements and compliance monitoring are met and there will be no measurable
change in the water quality of the surface water that would be potentially
affected by the proposed facility. For any variance request, a public hearing
must be held and the permit application will be evaluated according to
paragraphs (B) and (C) of this subsection;
(B) The Commission finds that the proposed
new domestic sewage treatment facility provides a preferable means of sewage
collection, treatment and disposal as compared to individual on-site sewage
disposal systems. To be preferable, the Commission must find that one of the
following criteria applies:
(i) The new
sewage treatment facility will eliminate a significant number of failing
individual on-site sewage disposal systems that cannot be otherwise reliably
and cost-effectively repaired; or
(ii) The new sewage treatment facility will
treat domestic sewage that would otherwise be treated by individual on-site
sewage disposal systems, from which the cumulative impact to groundwater is
projected to be greater than that from the new facility; or
(iii) If an individual on-site sewage
disposal system, or several such systems, would not normally be utilized, a new
sewage treatment facility may be allowed if the Commission finds that the
social and economic benefits of the discharge outweigh the possible
environmental impacts.
(C) Applicants for domestic wastewater WPCF
permits must meet the following requirements:
(i) Application must be for an individual
permit; and
(ii) The proposed
discharge must not include wastes that incapacitate the treatment system;
and
(iii) The facility must be
operated or supervised by a certified wastewater treatment plant operator as
required in OAR
340-049-0015,
except as exempted by ORS 448.430; and
(iv) An annual written certification of
proper treatment and disposal system operation must be obtained from a
qualified Registered Sanitarian, Professional Engineer, or certified wastewater
treatment system operator.
(9) The Environmental Quality Commission may
investigate, together with any other affected State agencies, the means of
maintaining at least existing minimum flow during the summer low flow
period.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
468B.048