ORS 468B.040
Certification of hydroelectric power project

  • comments of affected state agencies

(1)

The Director of the Department of Environmental Quality shall approve or deny certification of any federally licensed or permitted activity related to hydroelectric power development, under section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. In making a decision as to whether to approve or deny such certification, the director shall:

(a)

Solicit and consider the comments of all affected state agencies relative to adverse impacts on water quality caused by the project, according to sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

(b)

Approve or deny a certification only after making findings that the approval or denial is consistent with:

(A)

Rules adopted by the Environmental Quality Commission on water quality;

(B)

Provisions of sections 301, 302, 303, 306 and 307 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

(C)

Except as provided in subsection (2) of this section, standards established in ORS 543.017 (Minimum standards for development of hydroelectric power) and rules adopted by the Water Resources Commission implementing such standards; and

(D)

Except as provided in subsection (2) of this section, standards of other state and local agencies that are consistent with the standards of ORS 543.017 (Minimum standards for development of hydroelectric power) and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

(2)

If the proposed certification is for the reauthorization of a federally licensed project, as defined in ORS 543A.005 (Definitions), or for a project that is subject to federal relicensing but that operates under a water right that does not expire, the director shall not determine consistency under subsection (1)(b)(C) and (D) of this section, but shall determine whether the approval or denial is consistent with the rules and provisions referred to in subsection (1)(b)(A) and (B) of this section, standards established in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) (2) to (4), rules adopted by the Water Resources Commission implementing such standards and rules of other state and local agencies that are consistent with the standards of ORS 543A.025 (Minimum standards for decision on reauthorization of water right) (2) to (4) and that the director determines are other appropriate requirements of state law according to section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

(3)

If the proposed certification is for the reauthorization of a federally licensed project, as defined in ORS 543A.005 (Definitions), or for a project that is subject to federal relicensing but that operates under a water right that does not expire, the director shall act in accordance with the recommendation of the Hydroelectric Application Review Team, except as provided in ORS 543A.110 (Water quality certification). If the proposed certification is for a project that is subject to federal relicensing but that operates under a water right that does not expire, and the Hydroelectric Application Review Team develops a unified state position under ORS 543A.400 (Duties of Hydroelectric Application Review Team) (4)(b), the director shall act in accordance with the recommendation of the Hydroelectric Application Review Team, except as provided in ORS 543A.110 (Water quality certification). [Formerly 468.732; 1993 c.544 §1; 1997 c.449 §40]

Source: Section 468B.040 — Certification of hydroelectric power project; comments of affected state agencies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468B.­html.

Notes of Decisions

Where Director of DEQ acted on certification request within one-year period and applicant demanded contested case proceeding, EQC and DEQ did not waive certification requirement under section 401 of Federal Water Pollution Control Act. City of Klamath Falls v. Environ. Quality Comm., 119 Or App 375, 851 P2d 602 (1993), aff’d 318 Or 532, 870 P2d 825 (1994)

468B.005
Definitions for water pollution control laws 468B.010
Authority of commission over water pollution 468B.015
Policy 468B.020
Prevention of pollution 468B.025
Prohibited activities 468B.030
Effluent limitations 468B.032
Alternative enforcement proceeding 468B.035
Implementation of Federal Water Pollution Control Act 468B.037
Federal Water Pollution Control Act 468B.038
Federal Water Pollution Control Act 468B.039
Procedures for developing methodologies for assessment of water quality 468B.040
Certification of hydroelectric power project 468B.045
Certification of change to hydroelectric power project 468B.046
Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes 468B.047
Fees for state certification under Federal Water Pollution Control Act 468B.048
Rules for standards of quality and purity 468B.050
Water quality permit 468B.051
Fees for water quality permit 468B.053
Alternatives to obtaining water quality permit 468B.055
Plans and specifications for disposal, treatment and sewerage systems 468B.060
Liability for damage to fish or wildlife or habitat 468B.062
Use attainability analysis of certain waters of state 468B.064
Follow-up assessments of waters of state that exceed numeric temperature criteria 468B.070
Prohibited activities for certain municipalities 468B.075
Definitions for ORS 468B.080 468B.080
Prohibitions relating to garbage or sewage dumping into waters of state 468B.083
When motor vehicle parts may be placed in waters of state 468B.085
Depositing vehicles or manufactured structures into water prohibited 468B.090
Permit authorized for discharge of shrimp and crab processing by-products 468B.093
General permit for discharge of geothermal spring water to surface water 468B.095
Use of sludge on agricultural, horticultural or silvicultural land 468B.100
Definitions for ORS 468B.105 and 468B.110 468B.105
Review of water quality standard affecting forest operations 468B.110
Authority to establish and enforce water quality standards by rule or order 468B.112
Definitions 468B.114
Motorized in-stream placer mining 468B.116
Permit application 468B.118
Fees 468B.120
Definitions for ORS 468B.120 to 468B.135 468B.125
Policy to reduce phosphorous pollution 468B.130
Prohibition on sale or distribution of cleaning agents containing phosphorus 468B.135
Exemptions 468B.138
Definitions for ORS 468B.138 to 468B.144 468B.139
Report 468B.140
Plans to reduce discharges of persistent pollutants 468B.141
Rules 468B.142
Order compelling compliance with rules 468B.143
Persistent Pollutant Control Account 468B.144
Moneys received under ORS 468B.142 468B.150
Definitions for ORS 468B.150 to 468B.190 468B.155
State goal to prevent ground water contamination 468B.160
Ground water management and use policy 468B.162
Coordination of ground water activities 468B.164
Encouragement of federal actions 468B.165
Ground water contaminants 468B.166
Technical advisory committee 468B.167
Ground water resource protection strategy 468B.169
Requests for funding, advice or assistance for ground water projects 468B.171
Awarding grants 468B.175
Declaration of area of ground water concern 468B.177
Actions of department after declaration of area of ground water concern 468B.179
Ground water management committee 468B.180
Declaration of ground water management area 468B.182
Alternative appointment of ground water management committee 468B.183
Duties of ground water management committee after declaration of ground water management area 468B.184
Designation of lead agency for development of action plan 468B.186
Comment on plan 468B.187
Acceptance or rejection of action plan 468B.188
Repeal of declaration of ground water management area 468B.190
Ground water monitoring and assessment 468B.195
Underground injection control program of federal Safe Drinking Water Act 468B.196
Fees 468B.197
Subsurface Injection Fluids Account 468B.200
Legislative findings 468B.203
Applicability of 468B.200 to 468B.230 468B.205
Definition of confined animal feeding operation 468B.210
Maximum number of animals per facility 468B.215
Fees 468B.217
Memorandum of understanding with Department of Agriculture 468B.220
Civil penalty for violation of permit requirement 468B.225
Prerequisite for investigation 468B.230
Department of Agriculture civil penalty authority 468B.300
Definitions for ORS 468B.300 to 468B.500 468B.305
Entry of oil into waters of state prohibited 468B.310
Liability for violation of ORS 468B.305 468B.315
Duty to collect and remove oil 468B.320
Action by state 468B.325
Director’s right of entry in response to spill or release of oil or hazardous material 468B.330
Action to collect costs 468B.335
Effect of federal regulations of oil spillage 468B.337
Liquefied natural gas 468B.340
Legislative findings and intent 468B.345
Oil spill contingency plan required to operate facility or covered vessel in state or state waters 468B.350
Standards for contingency plans 468B.355
Contingency plans 468B.360
Review of contingency plan 468B.365
Plan approval 468B.370
Determination of adequacy of plan 468B.375
Inspection of facilities and vessels 468B.380
Tank vessel inspection program 468B.385
Modification of approval of contingency plan 468B.390
Compliance with federal Oil Pollution Act of 1990 468B.395
Department duties 468B.400
Wildlife rescue training program 468B.405
Fees 468B.410
Oil Spill Prevention Fund 468B.412
Report regarding fees and oil spill prevention activities 468B.415
Oregon coast safety committee 468B.420
Safety committee recommendations 468B.425
Exemption from liability for removal costs or damages 468B.427
Oil spill contingency plan required for high hazard train routes in state 468B.429
Requirements for contingency plans 468B.431
Review of contingency plan 468B.433
Financial responsibility statement 468B.435
High Hazard Train Route Oil Spill Preparedness Fund 468B.437
Rules 468B.450
Willful or negligent discharge of oil 468B.455
Oil Spillage Control Fund 468B.460
Rules 468B.475
Legislative finding 468B.485
Methods of establishing financial assurance 468B.495
Interagency response plan for oil or hazardous material spills 468B.500
Contents of plan 468B.550
Short title 468B.555
Trading program development
Green check means up to date. Up to date

Current through early 2024

§ 468B.040’s source at oregon​.gov