OAR 340-042-0080
Implementing a Total Maximum Daily Load
(1)
Management strategies identified in a WQMP to achieve wasteload and load allocations in a TMDL will be implemented through water quality permits for those sources subject to permit requirements in ORS 468B.050 (Water quality permit) and through sector-specific or source-specific implementation plans for other sources. WQMPs will identify the sector and source-specific implementation plans required and the persons, including DMAs, responsible for developing and revising those plans.(2)
Nonpoint source discharges of pollutants from forest operations on state or private lands are subject to best management practices and other control measures established by the Oregon Department of Forestry under the ORS 527.610 (Short title) to 527.992 (Civil penalties) and according to OAR chapter 629, divisions 600 through 665. Such forest operations, when conducted in good faith compliance with the Forest Practices Act requirements are generally deemed not to cause violations of water quality standards as provided in ORS 527.770 (Good faith compliance with best management practices not violation of water quality standards). Where the department determines that there are adequate resources and data available, the department will also assign sector or source specific load allocations needed for nonpoint sources of pollution on state and private forestlands to implement the load allocations. In areas where a TMDL has been approved, site specific rules under the Forest Practices Act rules will need to be revised if the department determines that the generally applicable Forest Practices Act rules are not adequate to implement the TMDL load allocations. If a resolution cannot be achieved, the department will request the Environmental Quality Commission to petition the Board of Forestry for a review of part or all of Forest Practices Act rules implementing the TMDL.(3)
In areas subject to the Agricultural Water Quality Management Act the Oregon Department of Agriculture (ODA) under ORS 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) and 561.191 (Program and rules relating to water quality) and according to OAR chapter 603, divisions 90 and 95 develops and implements agricultural water quality management area plans and rules to prevent and control water pollution from agricultural activities and soil erosion on agricultural and rural lands. Where the department determines that there are adequate resources and data available, the department will also assign sector or source specific load allocations needed for agricultural or rural nonpoint sources to implement the load allocations. In areas where a TMDL has been approved, agricultural water quality management area plans and rules must be sufficient to meet the TMDL load allocations. If the department determines that the plan and rules are not adequate to implement the load allocation, the department will provide ODA with comments on what would be sufficient to meet TMDL load allocations. If a resolution cannot be achieved, the department will request the Environmental Quality Commission to petition ODA for a review of part or all of water quality management area plan and rules implementing the TMDL.(4)
Persons, including DMAs other than the Oregon Department of Forestry or the Oregon Department of Agriculture, identified in a WQMP as responsible for developing and revising sector-specific or source-specific implementation plans must:(a)
Prepare an implementation plan and submit the plan to the Department for review and approval according to the schedule specified in the WQMP. The implementation plan must:(A)
Identify the management strategies the DMA or other responsible person will use to achieve load allocations and reduce pollutant loading;(B)
Provide a timeline for implementing management strategies and a schedule for completing measurable milestones;(C)
Provide for performance monitoring with a plan for periodic review and revision of the implementation plan;(D)
To the extent required by ORS 197.180 (State agency planning responsibilities) and OAR chapter 340, division 18, provide evidence of compliance with applicable statewide land use requirements; and(E)
Provide any other analyses or information specified in the WQMP.(b)
Implement and revise the plan as needed.(5)
For sources subject to permit requirements in ORS 468B.050 (Water quality permit), wasteload allocations and other management strategies will be incorporated into permit requirements.
Source:
Rule 340-042-0080 — Implementing a Total Maximum Daily Load, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-042-0080.