OAR 340-045-0062: Mutual Agreement and Order

(1) The Director may issue a mutual agreement and order (MAO) in lieu of or in addition to an NPDES permit or WPCF permit where the MAO is part of an enforcement action, for disposal of wastewater associated with the cleanup of a spill, or for an activity that does not lend itself to the normal permitting process or permit term. (2) An MAO may include, but not necessarily be limited to, compliance schedules, effluent limitations, monitoring and reporting requirements, or stipulated penalties, or any of these. (3) The term of an MAO, when used in lieu of a permit, may not be longer than the term of the type of permit it is replacing. (4) The permitting procedures in OAR 340-045 are not required for MAOs, except for the following: An MAO issued in lieu of an NPDES permit is considered a Category II permitting action as described in OAR 340-045-0027. An exception to this requirement is allowed for environmental cleanups or other instances where a delay in issuing an MAO may magnify the problem. In these situations, DEQ may issue public notice at the same time it issues the MAO. (5) When an MAO is used in lieu of a permit, the fee schedule for permits found in OAR 340-045-0075 applies.