Or. Admin. Code § 340-045-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-045-0015 - Permit Required

(1) Without first obtaining a permit from the Director, a person may not:

(a) Discharge any wastes into the waters of the state from any industrial or commercial establishment or activity or any disposal system;

(b) Construct, install, modify, or operate any disposal system or part thereof or any extension or addition thereto;

(c) Increase in volume or strength any wastes in excess of the discharges authorized under an existing permit;

(d) Construct, install, operate, or conduct any industrial, commercial, or other establishment or activity, or any extension or modification of or addition to them, if the operation or conduct would cause an increase in the discharge of wastes into the waters of the state or would otherwise unlawfully alter the physical, chemical, or biological properties of any waters of the state;

(e) Construct or use any new outlet for discharging any wastes into the waters of the state.

(2) A person must obtain a valid NPDES permit before that person discharges pollutants into navigable waters from a point source. A person must also obtain a valid NPDES permit before that person discharges stormwater subject to permit requirements in 40 C.F.R. § 122.26 or § 122.33, including stormwater from large, medium, and regulated small municipal separate storm sewer systems and stormwater associated with industrial or construction activity.

(3) A valid NPDES permit satisfies the requirements of section (1) of this rule.

(4) A person discharging wastes into a sewerage system is not required to obtain a WPCF or NPDES permit if the owner of such sewerage system has a valid WPCF or NPDES permit. The person discharging must comply with all other applicable laws, rules, and regulations regarding water pollution.

(a) The owner of a sewerage system is responsible for controlling and treating the wastes the owner allows to be discharged into the system.

(b) Each user of the sewerage system must comply with applicable toxic and pretreatment standards and the recording, reporting, monitoring, entry, inspection, and sampling requirements of the Commission and the Federal Act and regulations and guidelines issued pursuant thereto.

(5) Each person required by sections (1) and (2) of this rule to obtain a permit must:

(a) Promptly apply to DEQ for the permit;

(b) Fulfill all terms and conditions of the permit issued;

(c) Comply with applicable federal and state requirements, effluent standards, and limitations including but not limited to those contained in or established under sections 204, 301, 302, 304, 306, 307, 402, and 403 of the Federal Act and applicable federal and state water quality standards; and

(d) Comply with DEQ's requirements for recording, reporting, monitoring, entry, inspection, and sampling, and make no false statements, representations, or certifications in any form, notice, report, or document required.

Or. Admin. Code § 340-045-0015

DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 12-2003, f. & cert. ef. 9-2-03; DEQ 7-2004, f. & cert. ef. 8-3-04; DEQ 15-2017, amend filed 10/31/2017, effective 11/1/2017

Statutory/Other Authority: ORS 468.020, 468B.020 & 468B.035

Statutes/Other Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050