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Oregon Water Pollution Control Facility Permit (14-OR-e)

The Oregon Department of Environmental Quality (ODEQ) issues Water Pollution Control Facilities (WPCF) permits. In Oregon, a disposal system must operate under an individual WPCF permit if it disposes of wastes and wastewater onto or beneath the ground surface with no direct discharge to surface waters. Examples of systems that require WPCF permits include: land irrigation systems, evapotranspiration lagoons, industrial seepage pits, on-site sewage disposal systems designed for wastewater flows greater than 2,500 gallons per day, or systems with lower design flows identified in OAR 340-071, and some types of underground injection systems.

Water Pollution Control Facility Permit Process

14-OR-e.1 – Individual WPCF Permit and Associated Documents

Unless a WPCF is covered under a WPCF general permit the developer will have to file an Individual Industrial WPFC Permit.

As part of the application the developer must attach a Land Use Compatibility Statement (LUCS).

The Land Use Compatibility Statement form is distributed with ODEQ Permits or approval applications. The developer applying for a ODEQ permit completes the Applicant’s Section of the LUCS, then submits the form to the local land use planning authority. The local planning staff reviews the LUCS, fills out the Local Government Section, signs and dates and returns the LUCS to the developer. The completed LUCS is included in the permit or approval application submittal to ODEQ.

Criteria for Local Approval

The land use planner reviewing the LUCS bases his/her decision on the project's general impact and compatibility with other types of land use in the area, and on whether the use is allowable within its given zoning designation. The planner is likely to be interested in whether the proposed land use could:

  • Increase population;
  • Increase traffic or change traffic patterns;
  • Increase noise or pollution problems close to residential areas;
  • Increase work shifts on nights or weekends; or
  • Involve a physical expansion.

Developers should make sure the proposed facility is described fully in the LUCS application so that the land use planner has the necessary information upon which to base a decision.

(Land Use Compatibility Statement Webpage)

14-OR-e.2 – Write Preliminary Engineering Report

For an application to be complete it must be accompanied by a Preliminary Engineering Report covering:

1. Complete description of the proposal.
2. Location of the project, adjacent facilities, and waterways on a USGS topographic map. Include the location and latitude/ longitude for all UIC wastewater systems on this map. Also provide a tax lot map for the project.
3. Schedule for development, including future expansion plans if applicable.
4. Schematic diagrams of waste streams and treatment/disposal facilities. Including the source and quantity of drinking water and water used for processing or manufacturing.
5. Wastewater characterization.
6. Plans for disposal of solid waste and sludges.
7. Site evaluation report (on-site sewage disposal systems only).
8. Groundwater information for all areas where wastewater or sludge will be stored or disposed.
9. Evaluation of groundwater and surface water impacts and the steps that will be taken to prevent impacts from occurring.
10. Operation and maintenance plan that specifies the normal operation parameters of the system

The developer may need to contract an engineering consultant to complete the report.

14-OR-e.3 - Review Application Materials

The Oregon Department of Environmental Quality reviews the application for completeness and technical adequacy.

14-OR-e.4 to 14-OR-e.5 - Does the Project Require Public Notice Under OAR 340-045-0027?

Public Notice and Participation Requirements For Permitting Actions

The ODEQ categorizes permitting actions according to environmental and public health significance. Category I represents permit actions with low environmental and public health significance and no public notice and opportunity for public participation. Category IV represents permit actions with potentially high environmental and public health significance, and the greatest level of public notice and opportunity for public participation. The following describes the public notice and participation requirements for each category:

  • Category I -- No public notice or opportunity for public participation.
  • Category II -- The ODEQ will provide public notice of the proposed action and a minimum of 30 days to submit written comments.
  • Category III -- The ODEQ will provide public notice of the proposed action and a minimum of 35 days to submit written comments. The ODEQ will provide a minimum of 30 days notice for a hearing if one is scheduled. The ODEQ will schedule a public hearing to allow interested parties to submit oral or written comments if:

New WPCF permits are classified as either category II or III. Minor modification to a WPCF permit are category I.

(OAR 340-045-0027).

Additionally, the ODEQ may move a permit action to a higher category based on, but not limited to, the following factors:

  • Anticipated public interest in the facility;
  • Compliance and enforcement history of the facility or owner;
  • Potential for significant environmental or public harm due to location or type of facility, or
  • Federal requirements.

When the ODEQ issues a public notice, the notice must include:

  • The name and address of the permittee and permit applicant and, if different, facility location;
  • The type of facility including a description of the facility's process subject to the permit;
  • A description of the proposed permitting action (i.e., new permit, renewal permit, or permit modification);
  • The description of the permitted substances stored, disposed of, discharged, or emitted, including whether there has been an increase or decrease in the substance since the last permit action for the facility;
  • The location and description of documents relied upon in preparing the draft permit action;
  • Other permits required by the ODEQ;
  • The date of the previous permit action if a renewal or modification;
  • An opportunity for public comment whether in writing or in person if required;
  • Compliance, enforcement and complaint history, along with their respective resolutions; and
  • A summary of what discretionary decisions were made by ODEQ in drafting the permit.

14-OR-e.6 – Hold Public Hearing

If requested or held necessary by the ODEQ, public hearing will be held.

14-OR-e.7 – Does ODEQ Decide to Approve the Permit Under OAR 340-045-0037?

Following the determination that the application is complete for processing, each application will be reviewed on its own merits. Recommendations will be developed in accordance with the provisions of all applicable statutes, rules and regulations of the State of Oregon and the U.S. Environmental Protection Agency.

14-OR-e.8 - Notification of Denial

The ODEQ will notify the applicant in writing if the permit has been denied. The notification will have details on the appeals process.

14-OR-e.9 - Does the Applicant Request a Hearing Within 20 Days?

The applicant may challenge the denial of the permit within 20 days of the denial. If the denial is challenged, a contested hearing must be held.

14-OR-e.10 - Conduct Contested Case Hearing

The ODEQ is required to arrange for the contested hearing and notify the parties of the time and place of the hearing.

14-OR-e.11 WPCF Permit

The ODEQ issues WPCF Permits. The permits cannot exceed 10 years in duration.

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