OAR 340-043-0020: Permit Required

(1) As required by ORS 468B.050, a person proposing to construct a new chemical mining operation, commencing to operate an existing non-permitted operation, or proposing to substantially modify or expand an existing operation shall first apply for, and receive, a permit from the Department. The permit may be an NPDES (National Pollutant Discharge Elimination System) permit if there is a point-source discharge to surface waters or a WPCF (Water Pollution Control Facility) permit if there is no discharge. Consideration may be given to site-specific conditions such as climate, proximity to water, and type of wastes to establish the final permit type and requirements for the facility. (2) The permit application shall comply with the requirements of OAR 340, divisions 14 and 45 and be accompanied by a report that fully addresses the requirements of this Division. (3) Prior to issuance of a permit for a chemical process mining activity under this Division, a determination of compliance with statewide planning goals and compatibility with local land use plans must be made. The Department shall determine compliance with Statewide Planning Goals and compatibility with acknowledged comprehensive plans and land use regulations in a manner consistent with its approved State Agency Coordination Program and the rules in OAR 340, division 18. In making these determinations, the Department shall consider and may rely on the findings and recommendations made by the project coordinating committee authorized by ORS 517.965 and by the Department of Geology and Mineral Industries pursuant to their State Agency Coordination Program and OAR 632, divisions 1 and 37.