OAR 340-045-0080: Effect of a Permit: Purpose

(1) A permittee in compliance with a National Pollutant Discharge Elimination System (NPDES) permit during its term is considered to be in compliance for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403, and 405(a)-(b) of the federal Clean Water Act (CWA) and ORS 468B.030, 468B.035, and 468B.048, and implementing rules, applicable to effluent limitations, including effluent limitations based on water quality basin standards, and treatment systems operation requirements. This section does not apply to: (a) Toxic effluent standards and prohibitions imposed under Section 307 of the CWA, and OAR Chapter 340, Division 41; (b) Standards for sewage sludge use or disposal under Section 405(d) of the CWA; or (c) Groundwater quality protection requirements as specified in OAR Chapter 340, Division 40. (2) Section (1) of this rule does not prevent DEQ from instituting any proceeding for any modifications, revocation, or suspension of a permit during its term. This includes any modification of a permit necessary to implement and enforce Oregon statutes or rules enacted or adopted after DEQ issued the permit. (3) Compliance with permit conditions that implement a particular standard for sewage sludge use or disposal is an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal under Sections 405(e) and 309 of the CWA. (4) Nothing in this rule prevents DEQ from instituting any proceeding against a permittee for violating ambient water quality standards, outside of any applicable mixing zone, in effect at the time the permit issued, that are not implemented through an effluent limitation. (5) The Commission may adopt rules that apply to existing permits when either the Commission or the Governor declares an emergency.