Or. Admin. Code § 141-145-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-145-0000 - Purpose and Applicability

(1) These rules:

(a) Govern the granting and renewal of access authorizations, leases, and easements issued to facilitate remediation conducted pursuant to an order issued by the Oregon Department of Environmental Quality (ODEQ) or the United States Environmental Protection Agency (EPA) and habitat restoration activities in, on, under or over state-owned submerged and submersible land including, but not limited to:

(A) Site monitoring;

(B) Site habitat restoration;

(C) Environmental dredging;

(D) Mitigation;

(E) Monitored natural recovery;

(F) Enhanced monitored natural recovery; and

(G) Construction and maintenance of a soil cap or sediment cap

(b) Are to facilitate access needed for remediation and restoration of state-owned submerged and submersible lands and not to require any action that is contrary to or in conflict with any order, work plan, design, or other deliverable approved by the ODEQ or EPA, and do not apply to the granting of:

(A) Easements on state-owned submerged and submersible land governed by Division 122 or Division 123 of the Department's administrative rules;

(B) Authorizations for leases, licenses and registrations for structures on and uses of state-owned submerged and submersible lands governed by division 82 of the Department's rules;

(C) Authorizations for special uses of state-owned submerged and submersible land such as to conduct site investigations and scientific experiments as governed by division 125 of the Department's administrative rules;

(D) Land sale approvals governed by division 67 of the Department's administrative rules.

(E) Any regulatory permits that may be required, including permits governed by division 85 of the Department's administrative rules.

(F) Authorizations for uses and structures specifically governed by any other chapter of the Department's administrative rules; and,

(G) Authorizations for uses other than removal, remediation, or restoration.

(c) Clarify that all uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules or other state law, require prior written authorization from the Department pursuant to these rules.

(2) The Director may determine other uses and structures similar to those specified in OAR 141-145-0015 that are subject to a specific authorization under these rules.

(3) An application submitted under these rules to remove royalty exempt material (as defined in ORS 274.550) does not require a sand and gravel authorization under division 14. Submitting an application for this activity under these rules satisfies the requirement that an application be submitted under division 14.

(4) Requirements of the Lower Willamette River Management Plan, OAR 141-080-0105, do not apply to authorizations issued under these rules.

Or. Admin. Code § 141-145-0000

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14; DSL 8-2020, minor correction filed 05/12/2020, effective 5/12/2020

Statutory/Other Authority: ORS 183, 273 & 274

Statutes/Other Implemented: ORS 274