Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applications for certification must be
filed with the department, except for applications filed with the Corps
pursuant to OAR
340-048-0032.
(2) An application filed with the department
must contain, at a minimum, the following information:
(a) The legal name and address of the
activity's owner or operator;
(b)
The legal name and address of the owner's or operator's authorized
representative, if any;
(c) A
description of the activity's location sufficient to locate and distinguish
existing and proposed facilities and other features relevant to the water
quality effects of the activity;
(d) The names and addresses of contiguous
property owners;
(e) A complete
written description of the activity, including maps, diagrams, and other
necessary information;
(f) The
names of affected waterways, lakes, or other water bodies;
(g) Copies of and, as appropriate,
cross-references to environmental information submitted to the federal
licensing or permitting agency and other environmental information and
evaluations as necessary to demonstrate that the activity will comply with
applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean
Water Act, including water quality standards set forth in OAR chapter 340,
division 041, and other appropriate requirements of state law;
(h) A copy of any public notice and
supporting information issued by the federal licensing or permitting agency for
the activity;
(i) An exhibit that:
(A) Includes land use compatibility findings
for the activity prepared by the local planning jurisdiction;
(B) If land use compatibility findings have
not been obtained, identifies the specific provisions of the local land use
plan and implementing regulations applicable to the activity and describes the
relationship between the activity and each of the land use provisions
identified in paragraph (A) of this subsection; and
(C) Discusses the potential direct and
indirect relationship to water quality of each finding or land use
provision;
(j) An
exhibit that identifies and describes other requirements of state law
applicable to the activity that have any relationship to water quality,
including but not limited to requirements under ORS chapter 454 regarding
onsite disposal of sewage, ORS chapter 466 regarding spills of petroleum and
hazardous substances, ORS chapter 496 regarding fish and wildlife, and ORS
chapter 390 regarding recreation and scenic waterways;
(k) For new hydroelectric projects requiring
certification, in addition to the information required under subsections (a)
through (j) of this section, an exhibit that:
(A) Describes current water quality
potentially affected by the proposed project, describes the impact of the
proposed project to water quality, evaluates whether the proposed project will
cause or contribute to violations of water quality standards adopted pursuant
to OAR chapter 340 division 041, and identifies steps to be undertaken by the
applicant to prevent violation of water quality standards;
(B) Identifies applicable standards of ORS
543.017, rules adopted by the Water Resources Commission implementing such
standards, and rules or standards adopted by other state and local agencies
that are consistent with ORS 543.017;
(C) Describes the relationship between the
proposed project and each standard or rule identified in accordance with
paragraph (B) of this subsection; and
(D) Discusses the potential direct and
indirect relationship to water quality of each standard or rule.
(l) For existing hydroelectric
projects requiring both certification and reauthorization of water rights, in
addition to the information required under subsections (a) through (j) of this
section, an exhibit that:
(A) Describes
current water quality potentially affected by the existing project or activity,
describes the impact of the existing project or activity to water quality,
evaluates whether the existing project or activity causes or contributes to
violations of water quality standards adopted pursuant to OAR chapter 340
division 041, and identifies steps to be undertaken by the applicant to
mitigate or eliminate violation of water quality standards;
(B) Identifies applicable standards under ORS
543A.025(2) through (4), rules adopted by the Water Resources Commission
implementing such standards, and rules or standards adopted by other state and
local agencies that are consistent with such standards;
(C) Describes the relationship between the
project and each of the standards or rules identified in accordance with
paragraph (B) of this subsection; and
(D) Discusses the potential direct and
indirect relationship to water quality of each standard or rule.
(3) The department may
request any additional information necessary to complete an application or to
assist the department in evaluating an activity's impacts on water quality. An
applicant's failure to complete an application or provide requested additional
information within the time specified by the department is grounds for denial
of certification if the failure prevents the department from processing the
application within the time allowed by law.
(4) Except for applications coordinated with
the Corps as described in OAR
340-048-0032, the
department must notify the applicant by certified mail of the date the
application is determined to be complete. The application is deemed complete if
the department's preliminary review indicates that the information required by
section (2) of this rule is provided and that the exhibit required by
subsection (2)(i) contains findings of the local planning jurisdiction. If
findings of the local planning jurisdiction are not included, the department
must forward the exhibit submitted under subsection (2)(i) to the local
planning jurisdiction for review and comment. The application is deemed
complete when the local planning jurisdiction provides comments to the
department, or when 60 days have elapsed, whichever occurs first. If no comment
is received from the local planning jurisdiction within the 60 day period, the
department must continue to seek information from the planning jurisdiction and
proceed with evaluation of the application for certification.
(5) For hydroelectric projects requiring
certification, in addition to complying with requirements under these rules
applicable to application for certification, the applicant must submit to the
department a draft application for certification no later than one year before
the applicant files a final application with the Federal Energy Regulatory
Commission for a license for the hydroelectric project, unless the department
and the applicant agree to a different time for submission of the draft
certification application. The draft certification application must contain the
information described in section (2) of this rule that is available at the time
required for submission of the draft application.
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: 33 USC 1341 & ORS 468B.035 -
468B.047, 543A.095