Or. Admin. Code § 340-045-0037

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

Section 340-045-0037 - Issuance of WPCF Permits

(1) DEQ will review each application on its own merits after determining the application is complete for processing. DEQ will develop recommendations under the provisions of all applicable statutes, rules and regulations of the State of Oregon and the U.S. Environmental Protection Agency.

(2) After DEQ drafts the public notice and prepares the proposed WPCF permit provisions, DEQ will forward them to the applicant for review and comment. Unless the applicant requests extra time, DEQ will only consider comments before taking its final action on the application if the applicant submits these comments in writing within 14 days after mailing. The applicant may also waive the right for the 14-day review time in the interest of accelerating the issuance procedures.

(3) If DEQ proposes to issue a permit, DEQ will provide public notice and participation as OAR 340-045-0027 directs.

(4) DEQ must take final action on the permit application within 45 days of the close of the public comment period if a comment period is required. DEQ shall consider all timely comments and any other information obtained that may be pertinent to the permit action in the formulation of a final determination.

(5) DEQ shall promptly notify the applicant in writing of the final action as provided in OAR 340-011-0097 and will include a copy of the permit.

(7) The duration of a WPCF permit may not exceed 10 years.

(8) DEQ's decision is effective from the date of service of the notification or on the date DEQ specifies in writing, provided this date occurs after the date DEQ serves notice. DEQ will only act on a request for hearing if the applicant submits the request in writing within 20 days of the permit's effective date and states the grounds for the request. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR Chapter 340, Division 011.

(a) If a request for hearing is filed on a permit for a new facility, the entire permit is stayed and will not go into effect until the hearing process is complete.

(b) If the request for hearing is for an existing facility or activity, or a new activity within an existing facility, only the contested permit condition and the conditions that cannot be implemented separately from the contested conditions are stayed until the hearing process is complete.

Or. Admin. Code § 340-045-0037

DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 15-2017, amend filed 10/31/2017, effective 11/1/2017

Statutory/Other Authority: ORS 183 & 468

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