Oregon Statutes - Chapter 468B - Water Quality

468B.005 Definitions for water pollution control laws.
As used in the laws relating to water pollution, unless the context requires otherwise: (1) �Disposal system� means a system for disposing of wastes, either...
468B.010 Authority of commission over water pollution; construction.
(1) Except as otherwise provided in ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, insofar as the authority of the Environmental Quality Commission over...
468B.015 Policy.
Whereas pollution of the waters of the state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and...
468B.020 Prevention of pollution.
(1) Pollution of any of the waters of the state is declared to be not a reasonable or natural use of such waters and to...
468B.025 Prohibited activities.
(1) Except as provided in ORS 468B.050 or 468B.053, no person shall: (a) Cause pollution of any waters of the state or place or cause...
468B.030 Effluent limitations; rules.
In relation to the waters of the state, the Environmental Quality Commission by rule may establish effluent limitations, as defined in Section 502 of the...
468B.032 Alternative enforcement proceeding; request; public notice; fees.
(1) In addition to enforcement proceedings pursuant to ORS 468.090 for a violation of a provision, rule, permit or order under this chapter, the Department...
468B.035 Implementation of Federal Water Pollution Control Act; rules.
(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the...
468B.040 Certification of hydroelectric power project; comments of affected state agencies.
(1) The Director of the Department of Environmental Quality shall approve or deny certification of any federally licensed or permitted activity related to hydroelectric power...
468B.045 Certification of change to hydroelectric power project; notification of federal agency.
Within 60 days after the Department of Environmental Quality receives notice that any federal agency is considering a permit or license application related to a...
468B.046 Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes.
(1) Except as provided in ORS 543A.110, nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A shall be...
468B.047 Fees for state certification under section 401 of Federal Water Pollution Control Act; rules; disposition of fees.
(1) The Environmental Quality Commission may establish, by rule, a schedule of fees for state certification under section 401 of the Federal Water Pollution Control...
468B.048 Rules for standards of quality and purity; factors to be considered; meeting standards.
(1) The Environmental Quality Commission by rule may establish standards of quality and purity for the waters of the state in accordance with the public...
468B.050 Water quality permit; issuance by rule or order; rules.
(1) Except as provided in ORS 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State...
468B.051 Fees for water quality permit.
Not more than once each calendar year, the Environmental Quality Commission may increase the fees established under ORS 468.065 for permits issued under ORS 468B.050....
468B.052 Fees for water quality permit to operate suction dredge.
Notwithstanding the authority of the Environmental Quality Commission provided in ORS 468.065 to establish a schedule of fees for permits issued under ORS 468B.050 and...
468B.053 Alternatives to obtaining water quality permit; rules.
In lieu of a permit required under ORS 468B.025 or 468B.050, the Environmental Quality Commission by rule may: (1) Exempt de minimis discharges from permit...
468B.055 Plans and specifications for disposal, treatment and sewerage systems.
(1) The Department of Environmental Quality may require that plans and specifications for the construction, installation or modification of disposal systems, treatment works and sewerage...
468B.060 Liability for damage to fish or wildlife or habitat; agency to which damages payable.
(1) Where the injury, death, contamination or destruction of fish or other wildlife or injury or destruction of fish or wildlife habitat results from pollution...
468B.062 Use attainability analysis of certain waters of state.
Consistent with the Federal Water Pollution Control Act, P.L. 92-500, as amended, the Department of Environmental Quality may determine whether selected segments of the waters...
468B.064 Follow-up assessments of waters of state that exceed numeric temperature criteria.
(1) The Department of Environmental Quality may perform follow-up assessments of waters of the state that are included in the 1994-1996 list pursuant to section...
468B.065 [Formerly 468.750; renumbered 468B.083 in 1997]
468B.066 [1997 c.770 §4; 1999 c.270 §4; repealed by 2007 c.354 §1]
468B.070 Prohibited activities for certain municipalities.
(1) No municipality shall: (a) Dump polluting substances into any public or private body of water that empties directly or indirectly into any navigable body...
468B.075 Definitions for ORS 468B.080.
As used in ORS 468B.080: (1) �Buildings or structures� includes but is not limited to floating buildings and structures, houseboats, moorages, marinas, or any boat...
468B.080 Prohibitions relating to garbage or sewage dumping into waters of state.
(1) No garbage or sewage shall be discharged into or in any other manner be allowed to enter the waters of the state from any...
468B.083 When motor vehicle parts may be placed in waters of state; rules.
(1) The Environmental Quality Commission shall adopt rules as to the beneficial use of chassis, bodies, shells, and tires of motor vehicles in the waters...
468B.085 Depositing vehicles or manufactured structures into water prohibited.
Subject to ORS 468B.083, a person, including a person in the possession or control of land, may not deposit, discard or place the chassis, body...
468B.090 Permit authorized for discharge of shrimp and crab processing by-products; conditions.
(1) The Department of Environmental Quality may issue a permit to discharge shrimp and crab processing by-products into the waters of an Oregon estuary under...
468B.093 General permit for discharge of geothermal spring water to surface water.
(1) The Director of the Department of Environmental Quality shall issue a general permit for the discharge of geothermal spring water to surface water. The...
468B.095 Use of sludge on agricultural, horticultural or silvicultural land; rules.
The Environmental Quality Commission shall adopt by rule requirements for the use of sludge on agricultural, horticultural or silvicultural land including, but not limited to:...
468B.100 Definitions for ORS 468B.105 and 468B.110.
As used in ORS 468B.105 and 468B.110, �forestlands� and �operation� have the meaning for those terms provided in ORS 527.620. [1991 c.919 §22a]
468B.105 Review of water quality standard affecting forest operations.
Upon request of the State Board of Forestry, the Environmental Quality Commission shall review any water quality standard that affects forest operations on forestlands. The...
468B.110 Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards.
(1) Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS...
468B.120 Definitions for ORS 468B.120 to 468B.135.
As used in ORS 468B.120 to 468B.135: (1) �Cleaning agent� means any product, including but not limited to soaps and detergents, containing a surfactant as...
468B.125 Policy to reduce phosphorous pollution.
(1) The Legislative Assembly of the State of Oregon finds that: (a) Phosphorous loading of the waters of the state is a serious pollution problem...
468B.130 Prohibition on sale or distribution of cleaning agents containing phosphorus; rules.
(1) Except as provided in subsection (2) of this section, no person may sell, offer to sell or distribute for sale within Oregon, any cleaning...
468B.135 Exemptions.
ORS 468B.130 (1) and (2) do not apply to any cleaning agent: (1) Used in dairy, beverage or food processing equipment; (2) Used as an...
468B.138 Definitions for ORS 468B.138 to 468B.144.
As used in ORS 468B.138 to 468B.144: (1) �Legacy� means a pollutant, the use of which has been banned or restricted for several years, that...
468B.139 Report; consultation with governments, agencies and organizations; surcharge.
(1) The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that...
468B.140 Plans to reduce discharges of persistent pollutants.
(1)(a) By July 1, 2011, each permittee shall submit to the Department of Environmental Quality a plan for reducing the permittee�s discharges of persistent pollutants...
468B.141 Rules.
In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary for the administration of ORS 468B.139 and 468B.140....
468B.142 Order compelling compliance with rules; injunction; security not required; attorney fees.
(1) The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality...
468B.143 Persistent Pollutant Control Account; establishment; uses.
The Persistent Pollutant Control Account is established, separate and distinct from the General Fund. Moneys may be credited to the account from any public or...
468B.144 Moneys received under ORS 468B.142; disposition.
All moneys received by the Department of Environmental Quality under ORS 468B.142 shall be deposited to the credit of the Persistent Pollutant Control Account established...
468B.150 Definitions for ORS 468B.150 to 468B.190.
As used in ORS 448.268, 448.271 and 468B.150 to 468B.190: (1) �Area of ground water concern� means an area of the state subject to a...
468B.160 Ground water management and use policy.
In order to achieve the goal set forth in ORS 468B.155, the Legislative Assembly establishes the following policies to control the management and use of...
468B.162 Coordination of ground water activities.
(1) The Department of Environmental Quality shall coordinate the following: (a) Interagency management of ground water as necessary to achieve the goal set forth in...
468B.164 Encouragement of federal actions.
In carrying out its coordination activities under ORS 468B.162, the Department of Environmental Quality shall encourage federal agency actions that are consistent with the water...
468B.165 Ground water contaminants; maximum levels; rules.
(1) Within 90 days after receiving the recommendations of the technical advisory committee under ORS 468B.166, the Environmental Quality Commission shall begin rulemaking to first...
468B.166 Technical advisory committee; duties; membership.
(1) The Department of Environmental Quality shall appoint a nine-member technical advisory committee to develop criteria and a method for the Environmental Quality Commission to...
468B.167 Ground water resource protection strategy; advisory committees.
(1) The Department of Environmental Quality shall implement the following ground water resource protection strategy: (a) Coordinate projects and activities of other agencies designed to...
468B.169 Requests for funding, advice or assistance for ground water projects.
(1) Any person, state agency, political subdivision of this state or ground water management committee organized under ORS 468B.179 or 468B.182 may submit to the...
468B.170 [Formerly 468.695; repealed by 1995 c.690 §§25,26]
468B.171 Awarding grants; purpose; rules.
(1) Of the moneys available to the Department of Environmental Quality to award as grants under ORS 468B.169, not more than one-third shall be awarded...
468B.175 Declaration of area of ground water concern.
(1) If, as a result of its statewide monitoring and assessment activities under ORS 468B.190, the Department of Environmental Quality confirms the presence in ground...
468B.177 Actions of department after declaration of area of ground water concern.
After a declaration of an area of ground water concern, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall: (1) Within...
468B.179 Ground water management committee; appointment; duties.
(1) Upon the request of a local government, or as required under ORS 468B.177 or 468B.182, the Department of Environmental Quality, in consultation with other...
468B.180 Declaration of ground water management area; standards.
(1) The Department of Environmental Quality shall declare a ground water management area if, as a result of information provided to the department or from...
468B.182 Alternative appointment of ground water management committee.
After the declaration of a ground water management area, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall appoint a ground...
468B.183 Duties of ground water management committee after declaration of ground water management area.
After the declaration of a ground water management area, a ground water management committee created under ORS 468B.179 shall: (1) Evaluate those portions of the...
468B.184 Designation of lead agency for development of action plan; contents of action plan.
(1) After a ground water management area is declared, the Department of Environmental Quality shall designate a lead agency responsible for developing an action plan...
468B.185 [Formerly 468.699; 1995 c.690 §8; renumbered 468B.190 in 1995]
468B.186 Comment on plan; final plan.
(1) After completion and distribution of the draft action plan under ORS 468B.184, the lead agency shall provide a 60-day period of public comment on...
468B.187 Acceptance or rejection of action plan; rules.
(1) The Department of Environmental Quality shall, within 30 days after completion of the final action plan, accept the final action plan or remand the...
468B.188 Repeal of declaration of ground water management area.
(1) If, after implementation of the action plan developed by affected agencies under ORS 468B.184 to 468B.187, the ground water improves so that the levels...
468B.190 Ground water monitoring and assessment.
(1) In cooperation with the Water Resources Department, the Department of Environmental Quality and the Oregon State University Agricultural Experiment Station shall conduct an ongoing...
468B.195 Underground injection control program of federal Safe Drinking Water Act; rules; fees.
(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary for the implementation within this state of the underground injection...
468B.196 Fees.
(1) The Department of Environmental Quality shall collect the following fees for the subsurface injection of fluids, covered by rules adopted by the Environmental Quality...
468B.197 Subsurface Injection Fluids Account; establishment; interest; uses.
The Subsurface Injection Fluids Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account....
468B.200 Legislative findings.
The Legislative Assembly declares that it is the policy of the State of Oregon to protect the quality of the waters of this state by...
468B.203 Applicability of 468B.200 to 468B.230.
The provisions of ORS 468B.200 to 468B.230 apply to animal feeding operations regulated under 33 U.S.C. 1342 only to the extent that the operation of...
468B.205 Definition of confined animal feeding operation; rules.
(1) As used in ORS 468B.200 to 468B.230, �confined animal feeding operation� has the meaning given that term in rules adopted by the State Department...
468B.210 Maximum number of animals per facility; determination.
(1) All permits for confined animal feeding operations issued under ORS 468B.050 shall specify the maximum number of animals that may be housed at the...
468B.215 Fees; permit conditions; review.
(1) Any person operating a confined animal feeding operation shall pay a fee established under ORS 561.255. (2) Except for an animal feeding operation subject...
468B.217 Memorandum of understanding with Department of Agriculture.
(1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture...
468B.220 Civil penalty for violation of permit requirement.
Any owner or operator of a confined animal feeding operation who has not applied for or does not have a permit required by ORS 468B.050...
468B.222 [1995 s.s. c.3 §37a; repealed by 1996 c.5 §3 (468B.223 enacted in lieu of 468B.222)]
468B.223 [1996 c.5 §4 (enacted in lieu of 468B.222); repealed by 2001 c.248 §14]
468B.224 [1995 s.s. c.3 §37b; repealed by 1996 c.5 §5 (468B.225 enacted in lieu of 468B.224)]
468B.225 Prerequisite for investigation; written complaint; security deposit.
(1) Prior to conducting an investigation of an animal feeding operation under ORS 468B.217 on the basis of a complaint, the State Department of Agriculture...
468B.226 [1995 s.s. c.3 §37c; repealed by 1996 c.5 §7 (468B.227 enacted in lieu of 468B.226)]
468B.227 [1996 c.5 §8 (enacted in lieu of 468B.226); repealed by 2001 c.248 §14]
468B.230 Department of Agriculture civil penalty authority.
(1) In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on the owner or...
468B.300 Definitions for ORS 468B.300 to 468B.500.
As used in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500: (1) �Bulk� means material stored or transported in loose, unpackaged liquid, powder or...
468B.305 Entry of oil into waters of state prohibited; exceptions.
(1) It shall be unlawful for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation...
468B.310 Liability for violation of ORS 468B.305.
(1) Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly...
468B.315 Duty to collect and remove oil; dispersal of oil.
(1) In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over...
468B.320 Action by state; liability for state expense; order; appeal.
(1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of...
468B.325 Director�s right of entry in response to oil spill; state liability for damages.
(1) The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises or place for...
468B.330 Action to collect costs.
(1) If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time...
468B.335 Effect of federal regulations of oil spillage.
Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement...
468B.337 Liquefied natural gas.
The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state...
468B.340 Legislative findings and intent.
(1) The Legislative Assembly finds that: (a) Oil spills present a serious danger to the fragile natural environment of the state. (b) Commercial vessel activity...
468B.345 Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions.
(1) Unless an oil spill prevention and emergency response plan has been approved by the Department of Environmental Quality and has been properly implemented, no...
468B.350 Standards for contingency plans; oil spill response zones; rules.
(1) The Environmental Quality Commission shall adopt rules defining: (a) Standards for the preparation of contingency plans for facilities and covered vessels; and (b) Oil...
468B.355 Contingency plans; participation in maritime association; lien; liability of maritime association; exemption from liability.
(1) A contingency plan for a facility or covered vessel shall be submitted to the Department of Environmental Quality within 12 months after the Environmental...
468B.360 Review of contingency plan.
In reviewing the contingency plan required by ORS 468B.345, the Department of Environmental Quality shall consider at least the following factors: (1) The adequacy of...
468B.365 Plan approval; change affecting plan; certificate of approval.
(1) The Department of Environmental Quality shall approve a contingency plan only if it determines that the plan meets the requirements of ORS 468B.345 to...
468B.370 Determination of adequacy of plan; practice drills; rules.
(1)(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS...
468B.375 Inspection of facilities and vessels; coordination with State of Washington.
(1) In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at...
468B.380 Tank vessel inspection program; rules.
If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt...
468B.385 Modification of approval of contingency plan; revocation of approval; violation.
(1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing,...
468B.390 Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility.
(1) No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016...
468B.395 Department duties.
The Department of Environmental Quality shall: (1) In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket...
468B.400 Wildlife rescue training program.
The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the...
468B.405 Fees; disposition.
(1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing...
468B.410 Oil Spill Prevention Fund; uses.
(1) The Oil Spill Prevention Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall...
468B.412 Report regarding fees and Oil Spill Prevention Fund.
(1) By September 30 of each year, beginning in 2008, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing...
468B.415 Oregon coast safety committee; subcommittees.
(1) There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the...
468B.420 Safety committee recommendations.
If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415...
468B.425 Exemption from liability for removal costs or damages.
(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in...
468B.450 Willful or negligent discharge of oil; civil penalty; authority of director to mitigate.
(1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to...
468B.455 Oil Spillage Control Fund; source; use.
(1) There is established an Oil Spillage Control Fund separate and distinct from the General Fund. This account shall be a revolving fund, the interest...
468B.460 Rules.
The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821] (Shipping)
468B.475 Legislative finding; need for evidence of financial assurance for ships transporting oil.
The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of...
468B.480 [Formerly 468.825; repealed by 2001 c.688 §11]
468B.485 Methods of establishing financial assurance.
(1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission: (a)...
468B.490 [Formerly 468.829; repealed by 2001 c.688 §11]
468B.495 Interagency response plan for oil or hazardous material spills in certain waters.
(1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette...
468B.500 Contents of plan.
The plan developed under ORS 468B.495 shall include at a minimum: (1) A compilation of maps and information about the waters of the state including...
468B.550 Short title.
This section and ORS 468B.555 shall be known as the �Willamette Watershed Improvement Trading Act.� [2001 c.758 §1] Note: 468B.550 was enacted into law by...
468B.555 Trading program development; priorities; fees.
(1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards...
468B.990 [Formerly 468.990; repealed by 1993 c.422 §35]

Last modified: August 7, 2008