Or. Admin. R. 340-041-0046

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-041-0046 - Water Quality Limited Waters

(1) A receiving stream may be designated as water quality limited through the biennial water quality status assessment report prepared to meet the requirements of section 305(b) of the Federal Clean Water Act. Appendix A of the Status Assessment report will identify: what water bodies are water quality limited, the time of year the water quality standards violations occur, the segment of stream or area of water body limited, the parameter(s) of concern, and whether it is water quality limited under the definition of "Water Quality Limited' in OAR 340-041-0002. Appendix B and C of the Status Assessment report will identify the specific evaluation process for designating water bodies limited;

(2) The water quality limited list contained in Appendix A of the Status Assessment report will be placed on public notice and reviewed through the public hearing process. At the conclusion of the hearing process and the evaluation of the testimony, Appendix A will become the official water quality limited list. The Department may add a water body to the water quality limited list between status assessment reports after placing that action out on public notice and conducting a public hearing;

(3) For interstate water bodies, the State is responsible for completing the requirements of OAR 340-041-0004(9) of this rule for that portion of the interstate water body within the boundary of the State;

(4) For water bodies designated as water quality limited under sub-section (c) of the definition of "Water Quality Limited' in OAR 340-041-0002, the Department will establish a priority list and schedule for future water quality monitoring activities to determine: if the water body should be designated as water quality limited under sub-sections (a) or (b) of the definition of "Water Quality Limited' in OAR 340-041-0002, if estimated TMDLs need to be prepared, and if an implementation plan needs to be developed and implemented;

(5) For water bodies designated as water quality limited under sub-section (b) of the definition of "Water Quality Limited' in OAR 340-041-0002, requests for load increases may be considered using the process set out in OAR 340-041-0004(9)(b) of this rule.

Or. Admin. R. 340-041-0046

DEQ 17-2003, f. & cert. ef. 12-9-03; DEQ 2-2007, f. & cert. ef. 3-15-07; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

Documents referenced are available from the agency.

Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048

Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048