The State of Oregon operates under the National Pollutant Discharge Elimination System (NPDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation Oregon Administrative Rules (OAR) 340-045. The Department of Environmental Quality manages the permitting and compliance of point source stormwater discharge.
(2) A person must obtain a valid NPDES permit before that person discharges pollutants into navigable waters from a point source. A person must also obtain a valid NPDES permit before that person discharges stormwater subject to permit requirements in 40 C.F.R. §122.26 or §122.33, including stormwater from large, medium, and regulated small municipal separate storm sewer systems and stormwater associated with industrial or construction activity.
(1) Any person wishing to obtain a new or renewal NPDES or WPCF permit from DEQ must submit a written application at least 180 days before an NPDES permit is needed or at least 60 days before a WPCF permit is needed on a form DEQ provides. The Director may grant permission in writing for a later date to submit a new or renewal application. The Director will not grant permission for a renewal application to be submitted later than the existing permit’s expiration date.
(2) Any person wishing to modify their NPDES or WPCF permit must submit a written application on a form DEQ provides. Applications must be submitted well in advance of the needed modification in order to process the request as OAR 340-045-0055 requires.
(1) A person may not transfer an NPDES or WPCF permit to a third party without DEQ’s prior written approval. DEQ may grant approval where the transferee acquires a property interest in the permitted activity and agrees in writing to fully comply with all the terms and conditions of the NPDES or WPCF permit and the rules of the Commission.
(2) An applicant requesting to transfer a permit must submit an application on a form DEQ provides, for authorizing a permit transfer. The form should be submitted to DEQ at least 30 days prior to the proposed action.
(3) The transfer of a permit is considered a Category I permitting action as described in OAR 340-045-0027.
(1) Automatic Termination. A permit is automatically terminated when:
(a) DEQ issues a new permit for the same activity or operation;
(b) The permittee requests in writing that the permit terminate, if DEQ determines that a permit is no longer needed; or
(c) The permittee fails to submit application for permit renewal as required in OAR 340-45-0030. Termination is effective on the permit expiration date.
(2) Revocation with prior notice.
(a) If DEQ determines that a permittee is in non-compliance with the terms of its permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Director may revoke the permit.
(b) DEQ will provide notice of the intent to revoke the permit under OAR 340-011-0097. The notice will include the reasons why the permit will be revoked. DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 60 days from the date of service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or a final order is issued.
(3) Revocation without prior notice.
(a) If DEQ finds that the permittee's activities cause a serious danger to the public health, safety or the environment, DEQ may immediately revoke or refuse to renew a permit without prior notice or opportunity for a hearing.
(b) If DEQ does not provide advance notice of the revocation, DEQ will notify the permittee as soon as possible as provided in OAR 340-011-0097. The notification will state the reasons for the revocation or refusal to renew.
(c) DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 90 days of the service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. If DEQ does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by DEQ.
Oregon Regulations Pertaining to NPDES and WPCF Permits