OAR 340-048-0020: Application for Certification

(1) Applications for certification must be filed with the department, except for applications filed with the Corps pursuant to OAR 340-048-0032. (2) An application filed with the department must contain, at a minimum, the following information: (a) The legal name and address of the activity’s owner or operator; (b) The legal name and address of the owner’s or operator’s authorized representative, if any; (c) A description of the activity’s location sufficient to locate and distinguish existing and proposed facilities and other features relevant to the water quality effects of the activity; (d) The names and addresses of contiguous property owners; (e) A complete written description of the activity, including maps, diagrams, and other necessary information; (f) The names of affected waterways, lakes, or other water bodies; (g) Copies of and, as appropriate, cross-references to environmental information submitted to the federal licensing or permitting agency and other environmental information and evaluations as necessary to demonstrate that the activity will comply with applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act, including water quality standards set forth in OAR 340, division 041, and other appropriate requirements of state law; (h) A copy of any public notice and supporting information issued by the federal licensing or permitting agency for the activity; (i) An exhibit that: (A) Includes land use compatibility findings for the activity prepared by the local planning jurisdiction; (B) If land use compatibility findings have not been obtained, identifies the specific provisions of the local land use plan and implementing regulations applicable to the activity and describes the relationship between the activity and each of the land use provisions identified in paragraph (A) of this subsection; and (C) Discusses the potential direct and indirect relationship to water quality of each finding or land use provision; (j) An exhibit that identifies and describes other requirements of state law applicable to the activity that have any relationship to water quality, including but not limited to requirements under ORS Chapter 454 regarding onsite disposal of sewage, ORS 466 regarding spills of petroleum and hazardous substances, ORS 496 regarding fish and wildlife, and ORS 390 regarding recreation and scenic waterways; (k) For new hydroelectric projects requiring certification, in addition to the information required under subsections (a) through (j) of this section, an exhibit that: (A) Describes current water quality potentially affected by the proposed project, describes the impact of the proposed project to water quality, evaluates whether the proposed project will cause or contribute to violations of water quality standards adopted pursuant to OAR 340 division 041, and identifies steps to be undertaken by the applicant to prevent violation of water quality standards; (B) Identifies applicable standards of ORS 543.017, rules adopted by the Water Resources Commission implementing such standards, and rules or standards adopted by other state and local agencies that are consistent with ORS 543.017; (C) Describes the relationship between the proposed project and each standard or rule identified in accordance with paragraph (B) of this subsection; and (D) Discusses the potential direct and indirect relationship to water quality of each standard or rule. (l) For existing hydroelectric projects requiring both certification and reauthorization of water rights, in addition to the information required under subsections (a) through (j) of this section, an exhibit that: (A) Describes current water quality potentially affected by the existing project or activity, describes the impact of the existing project or activity to water quality, evaluates whether the existing project or activity causes or contributes to violations of water quality standards adopted pursuant to OAR 340 division 041, and identifies steps to be undertaken by the applicant to mitigate or eliminate violation of water quality standards; (B) Identifies applicable standards under ORS 543A.025(2) through (4), rules adopted by the Water Resources Commission implementing such standards, and rules or standards adopted by other state and local agencies that are consistent with such standards; (C) Describes the relationship between the project and each of the standards or rules identified in accordance with paragraph (B) of this subsection; and (D) Discusses the potential direct and indirect relationship to water quality of each standard or rule. (3) The department may request any additional information necessary to complete an application or to assist the department in evaluating an activity’s impacts on water quality. An applicant’s failure to complete an application or provide requested additional information within the time specified by the department is grounds for denial of certification if the failure prevents the department from processing the application within the time allowed by law. (4) Except for applications coordinated with the Corps as described in OAR 340-048-0032, the department must notify the applicant by certified mail of the date the application is determined to be complete. The application is deemed complete if the department’s preliminary review indicates that the information required by section (2) of this rule is provided and that the exhibit required by subsection (2)(i) contains findings of the local planning jurisdiction. If findings of the local planning jurisdiction are not included, the department must forward the exhibit submitted under subsection (2)(i) to the local planning jurisdiction for review and comment. The application is deemed complete when the local planning jurisdiction provides comments to the department, or when 60 days have elapsed, whichever occurs first. If no comment is received from the local planning jurisdiction within the 60 day period, the department must continue to seek information from the planning jurisdiction and proceed with evaluation of the application for certification. (5) For hydroelectric projects requiring certification, in addition to complying with requirements under these rules applicable to application for certification, the applicant must submit to the department a draft application for certification no later than one year before the applicant files a final application with the Federal Energy Regulatory Commission for a license for the hydroelectric project, unless the department and the applicant agree to a different time for submission of the draft certification application. The draft certification application must contain the information described in section (2) of this rule that is available at the time required for submission of the draft application.