Or. Admin. Code § 345-025-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 345-025-0010 - Site-Specific Conditions

The Council may include the following conditions, as appropriate, in the site certificate:

(1) If the facility uses coal, the certificate holder must take all necessary steps to ensure that surface and groundwater are not contaminated by run off or seepage associated with coal or ash storage, transport or disposal. The certificate holder must handle coal and ash so as to minimize the likelihood of coal dust and ash being windblown and causing an environmental or public health problem. If the certificate holder permanently disposes of ash on the facility site, the certificate holder must cover the ash with a layer of topsoil and revegetate the area.

(2) If the energy facility or related or supporting facility is a natural gas pipeline, the certificate holder must submit to the Department copies of all incident reports involving the pipeline required under 49 CFR Sec. 191.15.

(3) If the facility includes any pipeline under Council jurisdiction:

(a) The certificate holder must design, construct and operate the pipeline in accordance with the requirements of the U.S. Department of Transportation as set forth in Title 49, Code of Federal Regulations, Part 192, in effect on August 15, 2011; and

(b) The certificate holder must develop and implement a program using the best available practicable technology to monitor the proposed pipeline to ensure protection of public health and safety.

(4) If the facility includes any transmission line under Council jurisdiction:

(a) The certificate holder must design, construct, and operate the transmission line in accordance with the requirements of the 2012 Edition of the National Electrical Safety Code approved on June 3, 2011, by the American National Standards Institute; and

(b) The certificate holder must develop and implement a program that provides reasonable assurance that all fences, gates, cattle guards, trailers, or other objects or structures of a permanent nature that could become inadvertently charged with electricity are grounded or bonded throughout the life of the line.

(5) If the proposed energy facility is a pipeline or a transmission line or has, as a related or supporting facility, a pipeline or transmission line, the Council must specify an approved corridor in the site certificate and must allow the certificate holder to construct the pipeline or transmission line anywhere within the corridor, subject to the conditions of the site certificate. If the applicant has analyzed more than one corridor in its application for a site certificate, the Council may, subject to the Council's standards, approve more than one corridor.

(6) If the facility is a surface facility related to an underground gas storage reservoir, the Council must, in the site certificate, specify the site boundary and total permitted daily throughput of the facility.

(7) If the facility is subject to a carbon dioxide emissions standard adopted by the Council or enacted by statute, the Council must include in the site certificate appropriate conditions as described in OAR 345-024-0500 to 345-024-0720.

Or. Admin. Code § 345-025-0010

EFSC 4-2017, renumbered from 345-027-0023, filed 10/24/2017, effective 10/24/2017; EFSC 9-2019, temporary amend filed 08/22/2019, effective 8/22/2019 through 2/17/2020; EFSC 1-2020, amend filed 01/28/2020, effective 1/28/2020; EFSC 1-2022, amend filed 07/25/2022, effective 7/25/2022

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.401, 469.413, 469.501 & 469.503