Oregon Administrative Rules Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Oregon Administrative Rules Chapter 340
Department of Environmental Quality (DEQ)
Overview
OAR Chapter 340 comprises the administrative rules promulgated by the Oregon Department of Environmental Quality (DEQ). The DEQ is the primary state agency responsible for protecting Oregon’s air, water, and land quality through regulatory programs that control pollution, waste management, and environmental compliance.
Chapter 340 contains detailed rules that implement Oregon’s environmental statutes, particularly relating to:
Water quality standards and permits
Air quality controls
Hazardous waste management
Solid waste regulation
Cleanup of contaminated sites
Statutory Authority
The DEQ’s authority to promulgate Chapter 340 rules is derived from several Oregon Revised Statutes (ORS), including but not limited to:
ORS Chapter 468B — Environmental Protection
ORS Chapter 459 — Water Pollution Control
ORS Chapter 468A — Air Quality
ORS Chapter 459A — Hazardous Waste Management
ORS Chapter 459.190 — Solid Waste Management
Chapter 340 translates these statutes into enforceable administrative rules.
Purpose of OAR Chapter 340
To establish environmental quality standards consistent with state and federal laws
To set permitting processes and requirements for discharges to air, water, and land
To control hazardous and solid waste generation, transport, treatment, and disposal
To define procedures for monitoring, reporting, and enforcement
To guide cleanup of contaminated sites to protect public health and the environment
Key Provisions of OAR Chapter 340
1. Water Quality Programs
Establishes water quality standards for surface waters and groundwater, including pollutant limits.
Details permit requirements for point-source discharges under the National Pollutant Discharge Elimination System (NPDES).
Sets monitoring and reporting requirements for permitted facilities.
Includes provisions for Total Maximum Daily Load (TMDL) implementation to restore impaired waters.
2. Air Quality Control
Establishes emission standards for stationary and mobile sources of air pollution.
Requires permits for air contaminant sources.
Includes rules for ambient air quality standards and control measures to meet federal Clean Air Act requirements.
3. Hazardous Waste Management
Implements regulations for the generation, transportation, treatment, storage, and disposal of hazardous waste consistent with the federal Resource Conservation and Recovery Act (RCRA).
Specifies requirements for hazardous waste facilities and cleanup of releases.
4. Solid Waste Regulation
Governs the management of non-hazardous solid waste, including landfills, composting, and recycling programs.
Includes rules for permitting and operation of solid waste facilities.
5. Site Cleanup and Remediation
Outlines procedures for identification, assessment, and cleanup of contaminated sites.
Establishes standards for cleanup levels protective of human health and the environment.
Provides guidance for voluntary cleanup programs and DEQ enforcement actions.
6. Enforcement and Compliance
Defines inspection, monitoring, and reporting requirements for regulated entities.
Specifies penalties, corrective actions, and appeals processes for violations.
Relevant Case Law Involving OAR Chapter 340 and DEQ
Oregon courts have addressed various disputes involving DEQ’s enforcement of Chapter 340 rules, often balancing environmental protection with regulatory fairness.
1. Deference to Agency Expertise
Courts generally defer to DEQ’s technical expertise in setting environmental standards and interpreting complex scientific data, as long as DEQ acts within its statutory authority and follows rulemaking procedures.
Case principle: Courts uphold DEQ’s technical determinations unless arbitrary, capricious, or unsupported by evidence.
2. Permit Challenges
Several cases involve challenges to DEQ-issued permits under Chapter 340 rules, where permittees or third parties contest permit conditions.
Courts scrutinize whether DEQ properly applied statutory and regulatory criteria, conducted adequate public notice, and considered environmental impacts.
Courts may remand permits if DEQ failed to comply with procedural requirements or if conditions are not supported by the record.
3. Enforcement Actions
DEQ enforcement actions under Chapter 340 have been challenged on due process grounds or substantive fairness.
Courts require that DEQ provide fair notice of violations and opportunity for hearings before imposing penalties or corrective measures.
Courts also evaluate whether penalties are proportionate and supported by facts.
4. Cleanup Standards and Liability
Cases involving DEQ-mandated cleanup of contaminated sites often address liability questions and cleanup level adequacy.
Courts have upheld DEQ’s authority to require cleanup to protective standards.
Disputes may arise over responsibility for contamination and extent of remediation required.
Practical Impact of OAR Chapter 340
For Businesses and Industry: Clear rules governing pollution control, permitting, and waste management to ensure compliance and avoid penalties.
For Communities: Protections to maintain safe air, water, and land quality and procedures for public participation in permit decisions.
For DEQ: Authority and framework to monitor environmental quality, enforce standards, and remediate pollution.
Summary
OAR Chapter 340 is the comprehensive regulatory framework through which the Oregon Department of Environmental Quality administers and enforces environmental protection programs. The rules implement state and federal laws to control pollution, manage waste, and ensure cleanup of contaminated sites.
Oregon courts recognize DEQ’s technical expertise but require adherence to fair procedures and statutory mandates in rule application and enforcement.
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