OAR 340-041-0009
Bacteria


(1)

Numeric Criteria: Organisms commonly associated with fecal sources may not exceed the criteria in subsections (a)-(c) of this section:

(a)

Freshwater contact recreation:

(A)

A 90-day geometric mean of 126 E. coli organisms per 100 mL;

(B)

No single sample may exceed 406 E. coli organisms per 100 mL.

(b)

Coastal water contact recreation, as designated in OAR 340-041-0101 (Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River), 340-041-220, 340-041-230, 340-041-300 and 340-041-0320 (Basin-Specific Criteria (Umpqua Basin): Beneficial Uses to Be Protected in the Umpqua Basin):

(A)

A 90-day geometric mean of 35 enterococcus organisms per 100 mL;

(B)

Not more than ten percent of the samples may exceed 130 organisms per 100 mL.

(c)

Shellfish harvesting, as designated in 340-041-0101 (Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River), 340-041-220, 340-041-230, 340-041-300 and 340-041-0320 (Basin-Specific Criteria (Umpqua Basin): Beneficial Uses to Be Protected in the Umpqua Basin):

(A)

A fecal coliform median concentration of 14 organisms per 100 mL;

(B)

Not more than ten percent of the samples may exceed 43 organisms per 100 mL.

(2)

A minimum of five samples in a 90-day period is required for calculating the criteria in sections (1)(a)(A) and (1)(b)(A) and (B) of this rule.

(3)

Raw Sewage Prohibition: No sewage may be discharged into or in any other manner be allowed to enter the waters of the State, unless such sewage has been treated in a manner the Department approved or otherwise allowed by these rules.

(4)

Animal Waste: Runoff contaminated with domesticated animal wastes must be minimized and treated to the maximum extent practicable before it is allowed to enter waters of the State.

(5)

Bacterial pollution or other conditions deleterious to waters used for domestic purposes, livestock watering, irrigation, bathing, or shellfish propagation, or otherwise injurious to public health may not be allowed.

(6)

Implementation in NDPES Permits: Upon NPDES permit renewal or issuance, or upon request for a permit modification by the permittee at an earlier date, bacteria in effluent discharges associated with fecal sources may not exceed the following amounts:

(a)

In waters designated for coastal water contact recreation:

(A)

A monthly geometric mean of 35 enterococcus organisms per 100 mL, and

(B)

Not more than ten percent of samples in a month may exceed 130 enterococcus organisms per 100 mL.

(b)

In waters designated for freshwater contact recreation:

(A)

A monthly geometric mean of 126 E. coli organisms per 100 mL; and

(B)

No single sample may exceed 406 E. coli organisms per 100 mL. However,

(C)

No violation will be found for an exceedance if the permittee takes at least five consecutive re-samples at four-hour intervals beginning as soon as practicable (preferably within 28 hours) after the original sample was taken and the geometric mean of the five re-samples is less than or equal to 126 organisms per 100 mL of E. coli. However, if the Department finds that re-sampling within the timeframe outlined in this section would pose an undue hardship on a treatment facility, a more convenient schedule may be negotiated in the permit, provided that the permittee demonstrates that the sampling delay will result in no increase in the risk to water contact recreation in waters affected by the discharge;

(c)

For sewage treatment plants that are authorized to use recycled water under OAR 340, division 55, and that also use a storage pond as a means to dechlorinate their effluent prior to discharge to public waters, effluent limitations for bacteria may, upon a permittee’s request, be based upon appropriate total coliform limits as OAR 340-055-0012 (Recycled Water Quality Standards and Requirements)-requires:

(A)

Class C limitations: No two consecutive samples may exceed 240 total coliform per 100 mL.

(B)

Class A and Class B limitations: No single sample may exceed 23 total coliform per 100 mL.

(C)

No violation will be found for an exceedance under this paragraph if the permittee takes at least five consecutive re-samples at four hour intervals beginning as soon as practicable (preferably within 28 hours) after the original sample(s) were taken; and in the case of Class C recycled water, the log mean of the five re-samples is less than or equal to 23 total coliform per 100 mL, or, in the case of Class A and Class B recycled water, if the log mean of the five re-samples is less than or equal to 2.2 total coliform per 100 mL.

(7)

Sewer Overflows in winter: Domestic waste collection and treatment facilities are prohibited from discharging raw sewage to waters of the State during the period of November 1 through May 21, except during a storm event greater than the one-in-five-year, 24-hour duration storm. However, the following exceptions apply:

(a)

The Commission may on a case-by-case basis approve a bacteria control management plan to be prepared by the permittee, for a basin or specified geographic area which describes hydrologic conditions under which the numeric bacteria criteria would be waived. These plans will identify the specific hydrologic conditions and the public notification and education processes that will be followed to inform the public about an event and the plan, describe the water quality assessment conducted to determine bacteria sources and loads associated with the specified hydrologic conditions, and describe the bacteria control program that is being implemented in the basin or specified geographic area for the identified sources.

(b)

Facilities with separate sanitary and storm sewers existing on January 10, 1996, and that currently experience sanitary sewer overflows due to inflow and infiltration problems, must submit an acceptable plan to the Department at the first permit renewal, which describes actions the facility will take to assure compliance with the discharge prohibition by January 1, 2010. Where discharges occur to a receiving stream with sensitive beneficial uses, the Department may negotiate a more aggressive schedule for discharge elimination.

(c)

On a case-by-case basis, the Department may define the beginning of winter as October 15, if the permittee so requests and demonstrates to the Department’s satisfaction that the risk to beneficial uses, including water contact recreation, will not be increased due to the date change.

(8)

Sewer Overflows in summer: Domestic waste collection and treatment facilities are prohibited from discharging raw sewage to waters of the State during the period of May 22 through October 31, except during a storm event greater than the one-in-ten-year, 24-hour duration storm. The following exceptions apply:

(a)

For facilities with combined sanitary and storm sewers, the Commission may on a case-by-case basis approve a bacteria control management plan such as that described in subsection (6)(a) of this rule.

(b)

On a case-by-case basis, the Department may define the beginning of summer as June 1 if the permittee so requests and demonstrates to the Department’s satisfaction that the risk to beneficial uses, including water contact recreation, will not be increased due to the date change.

(c)

For discharge sources whose permit identifies the beginning of summer as any date from May 22 through May 31: If the permittee demonstrates to the Department’s satisfaction that an exceedance occurred between May 21 and June 1 because of a sewer overflow, and that no increase in risk to beneficial uses, including water contact recreation, occurred because of the exceedance, no violation may be triggered, if the storm associated with the overflow was greater than the one-in-five-year, 24-hour duration storm.

(9)

Storm Sewers Systems Subject to Municipal NPDES Stormwater Permits: Best management practices must be implemented for permitted storm sewers to control bacteria to the maximum extent practicable. In addition, a collection-system evaluation must be performed prior to permit issuance or renewal so that illicit and cross connections are identified. Such connections must be removed upon identification. A collection system evaluation is not required where the Department determines that illicit and cross connections are unlikely to exist.

(10)

Storm Sewers Systems Not Subject to Municipal NPDES Stormwater Permits: A collection system evaluation must be performed of non-permitted storm sewers by January 1, 2005, unless the Department determines that an evaluation is not necessary because illicit and cross connections are unlikely to exist. Illicit and cross-connections must be removed upon identification.

(11)

In water bodies the Department identifies as water-quality limited for bacteria, and in accordance with priorities the Department establishes, the Department may require those sources that the Department determines to be contributing to the problem to develop and implement a bacteria management plan. The Department may determine that a plan is not necessary for a particular stream segment or segments within a water-quality limited basin based on the contribution of the segment(s) to the problem. The bacteria management plans will identify the technologies, best management practices and measures and approaches to be implemented by point and nonpoint sources to limit bacterial contamination. For point sources, their National Pollutant Discharge Elimination System permit is their bacteria management plan. For nonpoint sources, designated management agencies will develop the bacteria management plan that will identify the appropriate best management practices or measures and approaches.
340‑041‑0001
Preface
340‑041‑0002
Definitions
340‑041‑0004
Antidegradation
340‑041‑0007
Statewide Narrative Criteria
340‑041‑0009
Bacteria
340‑041‑0011
Biocriteria
340‑041‑0016
Dissolved Oxygen
340‑041‑0019
Nuisance Phytoplankton Growth
340‑041‑0021
pH
340‑041‑0028
Temperature
340‑041‑0031
Total Dissolved Gas
340‑041‑0032
Total Dissolved Solids (TDS)
340‑041‑0033
Toxic Substances
340‑041‑0036
Turbidity
340‑041‑0046
Water Quality Limited Waters
340‑041‑0053
Mixing Zones
340‑041‑0057
Implementation at Domestic Wastewater Treatment Works
340‑041‑0059
Variances
340‑041‑0061
Other Implementation of Water Quality Criteria
340‑041‑0101
Basin-Specific Criteria (Main Stem Columbia River): Beneficial Uses to Be Protected in the Main Stem Columbia River
340‑041‑0103
Basin-Specific Criteria (Main Stem Columbia River): Approved TMDLs in the Basin
340‑041‑0104
Basin-Specific Criteria (Main Stem Columbia River): Water Quality Standards and Policies Specific to the Main Stem Columbia River
340‑041‑0121
Basin-Specific Criteria (Main Stem Snake River): Beneficial Uses to Be Protected in the Main Stem Snake River
340‑041‑0122
Basin-Specific Criteria (Main Stem Snake River): Approved TMDLs in the Basin
340‑041‑0124
Basin-Specific Criteria (Main Stem Snake River): Water Quality Standards and Policies Specific to the Main Stem Snake River
340‑041‑0130
Basin-Specific Criteria (Deschutes): Beneficial Uses to Be Protected in the Deschutes Basin
340‑041‑0133
Basin-Specific Criteria (Deschutes): Approved TMDLs in the Basin:
340‑041‑0135
Basin-Specific Criteria (Deschutes): Water Quality Standards and Policies for this Basin
340‑041‑0140
Basin-Specific Criteria (Goose and Summer Lakes): Beneficial Uses to be Protected in Goose and Summer Lake Basins
340‑041‑0143
Basin-Specific Criteria (Goose and Summer Lakes): Approved TMDLs in the Basin:
340‑041‑0145
Basin-Specific Criteria (Goose and Summer Lakes): Water Quality Standards and Policies for this Basin
340‑041‑0151
Basin-Specific Criteria (Grande Ronde): Beneficial Uses to Be Protected in the Grande Ronde Basin
340‑041‑0154
Basin-Specific Criteria (Grande Ronde): Approved TMDLs in the Basin:
340‑041‑0156
Basin-Specific Criteria (Grande Ronde): Water Quality Standards and Policies for this Basin
340‑041‑0160
Basin-Specific Criteria (Hood): Beneficial Uses to Be Protected in the Hood Basin
340‑041‑0164
Basin-Specific Criteria (Hood): Approved TMDLs in the Basin:
340‑041‑0165
Basin-Specific Criteria (Hood): Water Quality Standards and Policies for this Basin
340‑041‑0170
Basin-Specific Criteria (John Day): Beneficial Uses to Be Protected in the John Day Basin
340‑041‑0174
Basin-Specific Criteria (John Day): Approved TMDLs in the Basin:
340‑041‑0175
Basin-Specific Criteria (John Day): Water Quality Standards and Policies for this Basin
340‑041‑0180
Basin-Specific Criteria (Klamath): Beneficial Uses to Be Protected in the Klamath Basin
340‑041‑0184
Basin-Specific Criteria (Klamath): Approved TMDLs in the Basin:
340‑041‑0185
Basin-Specific Criteria (Klamath): Water Quality Standards and Policies for this Basin
340‑041‑0190
Basin-Specific Criteria (Malheur Lake): Beneficial Uses to Be Protected in the Malheur Lake Basin
340‑041‑0194
Basin-Specific Criteria (Malheur Lake): Approved TMDLs in the Basin:
340‑041‑0195
Basin-Specific Criteria (Malheur Lake): Water Quality Standards and Policies for this Basin
340‑041‑0201
Basin-Specific Criteria (Malheur River):Beneficial Uses to Be Protected in the Malheur River Basin
340‑041‑0204
Basin-Specific Criteria (Malheur River): Approved TMDLs in the Basin:
340‑041‑0207
Basin-Specific Criteria (Malheur River): Water Quality Standards and Policies for this Basin
340‑041‑0220
Basin-Specific Criteria (Mid Coast Basin): Beneficial Uses to Be Protected in the Mid Coast Basin
340‑041‑0224
Basin-Specific Criteria (Mid Coast Basin): Approved TMDLs in the Basin:
340‑041‑0225
Basin-Specific Criteria (Mid Coast Basin): Water Quality Standards and Policies for this Basin
340‑041‑0230
Basin-Specific Criteria (North Coast): Beneficial Uses to Be Protected in the North Coast Basin
340‑041‑0234
Basin-Specific Criteria (North Coast): Approved TMDLs in the Basin:
340‑041‑0235
Basin-Specific Criteria (North Coast): Water Quality Standards and Policies for this Basin
340‑041‑0250
Basin-Specific Criteria (Owyhee): Beneficial Uses to Be Protected in the Owyhee Basin
340‑041‑0254
Basin-Specific Criteria (Owyhee): Approved TMDLs in the Basin:
340‑041‑0256
Basin-Specific Criteria (Owyhee): Water Quality Standards and Policies for this Basin
340‑041‑0260
Basin-Specific Criteria (Powder/Burnt): Beneficial Uses to Be Protected in the Powder/Burnt Basins
340‑041‑0264
Basin-Specific Criteria (Powder/Burnt): Approved TMDLs in the Basin:
340‑041‑0265
Basin-Specific Criteria (Powder/Burnt): Water Quality Standards and Policies for this Basin
340‑041‑0271
Basin-Specific Criteria (Rogue): Beneficial Uses to Be Protected in the Rogue Basin
340‑041‑0274
Basin-Specific Criteria (Rogue): Approved TMDLs in the Basin:
340‑041‑0275
Basin-Specific Criteria (Rogue): Water Quality Standards and Policies for this Basin
340‑041‑0286
Basin-Specific Criteria (Sandy Basin): Beneficial Uses to Be Protected in the Sandy Basin
340‑041‑0289
Basin-Specific Criteria (Sandy Basin): Approved TMDLs in the Basin:
340‑041‑0290
Basin-Specific Criteria (Sandy Basin): Water Quality Standards and Policies for this Basin
340‑041‑0300
Basin-Specific Criteria (South Coast): Beneficial Uses to Be Protected in the South Coast Basin
340‑041‑0304
Basin-Specific Criteria (South Coast): Approved TMDLs in the Basin
340‑041‑0305
Water Quality Standards and Policies for South Coast Basin
340‑041‑0310
Basin-Specific Criteria (Umatilla): Beneficial Uses to Be Protected in the Umatilla Basin
340‑041‑0314
Basin-Specific Criteria (Umatilla): Approved TMDLs in the Basin:
340‑041‑0315
Basin-Specific Criteria (Umatilla): Water Quality Standards and Policies for this Basin
340‑041‑0320
Basin-Specific Criteria (Umpqua Basin): Beneficial Uses to Be Protected in the Umpqua Basin
340‑041‑0324
Basin-Specific Criteria (Umpqua Basin): Approved TMDLs in the Basin:
340‑041‑0326
Basin-Specific Criteria (Umpqua Basin): Water Quality Standards and Policies for this Basin
340‑041‑0330
Basin-Specific Criteria (Walla Walla): Beneficial Uses to Be Protected in the Walla Walla Basin
340‑041‑0334
Basin-Specific Criteria (Walla Walla): Approved TMDLs in the Basin:
340‑041‑0336
Basin-Specific Criteria (Walla Walla): Water Quality Standards and Policies for this Basin
340‑041‑0340
Basin-Specific Criteria (Willamette): Beneficial Uses to Be Protected in the Willamette Basin
340‑041‑0344
Basin-Specific Criteria (Willamette): Approved TMDLs in the Basin:
340‑041‑0345
Basin-Specific Criteria (Willamette): Water Quality Standards and Policies for this Basin
340‑041‑0350
The Three Basin Rule: Clackamas, McKenzie (above RM 15) & the North Santiam
340‑041‑8033
Division 41 Tables and Figures
Last Updated

Jun. 8, 2021

Rule 340-041-0009’s source at or​.us