Department of Environmental Quality
Chapter 340
Division 45
REGULATIONS PERTAINING TO NPDES AND WPCF PERMITS
340-045-0030
Application for NPDES or WPCF Permit
(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.
(3) All application forms must be completed in full and signed by the applicant or the applicant's legally authorized representative. The name of the applicant must be the legal name of the owner of the facility or the owner's agent or the lessee responsible for operating and maintaining the facility. DEQ will consider applications that are correctly signed and appear administratively complete timely upon receipt. A request for further information under section (5) of this rule will not affect an application’s timeliness.
(4) DEQ will not accept for filing applications that are obviously incomplete, unsigned, improperly signed, or that do not contain the required exhibits clearly identified. DEQ will return these applications to the applicant for completion.
(5) Within 45 days after receiving an application, DEQ will preliminarily review an application to determine the adequacy of the information submitted. Failure to complete this review within 45 days does not preclude DEQ from later requesting further information from the applicant as provided in this section.
(a) If DEQ determines that additional information is needed, it will promptly request in writing the needed information from the applicant. The application will be considered withdrawn if the applicant fails to submit the requested information within 90 days of the request or such other time as DEQ establishes in writing.
(b) If DEQ determines that additional measures are necessary to gather facts regarding the application, it will notify the applicant in writing that such measures will be instituted and provide the timetable and procedures to be followed. The application will be considered withdrawn if the applicant fails to comply with the additional measures.
(6) If upon review of an application, DEQ determines that a permit is not required, DEQ will notify the applicant in writing of this determination. Such notification constitutes final action by DEQ on the application.
(7) DEQ will accept as an application filed under this section an application that has been filed with the U.S. Army Corps of Engineers in accordance with Section 13 of the Federal Refuse Act, or an NPDES application that has been filed with the U.S. Environmental Protection Agency provided the application is complete and the information on the application is still current.
Statutory/Other Authority: ORS 468.020, 468B.020 & 468B.035
Statutes/Other Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
History:
DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
DEQ 13-2001, f. & cert. ef. 10-16-01
DEQ 15-2000, f. & cert. ef. 10-11-00
DEQ 22-1981, f. & ef. 9-2-81
DEQ 113, f. & ef. 5-10-76
DEQ 58, f. 9-21-73, ef. 10-25-73
DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73