OAR 340-048-0042: Certification Decision

(1) Within 90 days after an application is deemed complete by the department pursuant to OAR 340-048-0020(4), the department must provide written notice to the applicant that the certification is granted or denied or that a further specified time period is required to process the application. Any extension of time may not exceed one year from the date the application is deemed complete, except that any extension of time regarding certification of a hydroelectric project subject to licensing by the Federal Energy Regulatory Commission may not exceed one year from the date the application is received by the department. (2) The department must evaluate whether the activity for which certification is sought will comply with applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act, water quality standards set forth in OAR 340, division 041, and other appropriate requirements of state law. In making this evaluation, the department may consider, among other things: (a) Potential alterations to water quality that would either contribute to or cause violations of water quality standards established in OAR 340, division 041; (b) Existing and potential designated beneficial uses of surface water or groundwater that might be affected by the activity; (c) Potential water quality impacts from the activity’s use, generation, storage, or disposal of hazardous substances, waste chemicals, or sludges; (d) Potential modifications of surface water quality or of water quantity that might affect water quality; (e) Potential modifications of groundwater quality that might affect surface water quality; (f) Potential water quality impacts from the construction of intake, outfall, or other structures associated with the activity; (g) Potential water quality impacts from wastewater discharges; (h) Potential water quality impacts from construction activities; and (i) Compliance with plans applicable under Section 208 of the Clean Water Act. (3) For new hydroelectric projects requiring certification, the department must evaluate, in addition to the criteria set forth in section (2) of this rule, whether the project will be consistent with: (a) Standards set forth in ORS 543.017; (b) Rules adopted by the Water Resources Commission implementing such standards; and (c) Rules or standards of other state and local agencies that are consistent with the standards set forth in ORS 543.017 and that the Director determines are other appropriate requirements of state law according to 33 USC § 1341(d). (4) For existing hydroelectric projects requiring certification and reauthorization of water rights, the department must evaluate, in addition to the criteria set forth in section (2) of this rule, whether the project will be consistent with: (a) Standards set forth in ORS 543A.025(2) through (4); (b) Rules adopted by the Water Resources Commission implementing such standards; and (c) Rules or standards of other state or local agencies that are consistent with the standards set forth in ORS 543A.025(2) through (4) and that the Director determines are other appropriate requirements of state law according to 33 USC § 1341(d). (5) Upon completion of the department’s evaluation, including consideration of public comment and, if applicable, coordination through a HART in accordance with OAR 340-048-0037, the Director must issue a decision approving or denying certification for the activity, containing: (a) The name of the applicant; (b) The activity’s name and federal identification number, if any; (c) The type of activity; (d) The name of the affected water body; (e) The general location of the activity; (f) Findings whether the activity will comply with the standards and requirements set forth in sections (2) through (4) of this rule, as applicable; and (g) If certification is approved, conditions the Director determines are necessary to assure compliance with applicable standards and requirements set forth in sections (2) through (4) of this rule for the duration of the federal license or permit. (6) A certification granted pursuant to this division is valid for the applicant only and is not transferable to another person without the written approval of the department. The department may approve the transfer of a certification to a new owner or operator of the certified activity if the department is provided assurance that the new owner or operator will comply with the certification.