OAR 345-022-0160: State and Local Laws and Regulations

To assist the Council in determining compliance with all state and local laws and regulations applicable to EFSC and the siting process, submit the following, as directed by the project order described in OAR 345-015-0160: (1) Regarding Water (a) Information based on literature and field study, as appropriate, about waters of this state, as defined under ORS 196.800, including: (A) A description of all areas within the site boundary that might be waters of this state and a map showing the location of these features; (B) An analysis of whether construction or operation of the proposed facility would adversely affect any waters of this state; (C) A description of the significance of potential adverse impacts to each feature identified in (A), including the nature and amount of material the applicant would remove from or place in the waters analyzed in (B); (D) If the proposed facility would not need a removal-fill authorization, an explanation of why no such authorization is required for the construction and operation of the proposed facility; (E) If the proposed facility would need a removal-fill authorization, information to support a determination by the Council that the Oregon Department of State Lands should issue a removal-fill permit, including information in the form required by the Department of State Lands under OAR Chapter 141 Division 85; and (F) A description of proposed actions to mitigate adverse impacts to the features identified in (A) and the applicant’s proposed monitoring program, if any, for such impacts. (b) Information about anticipated water use during construction and operation of the proposed facility. The applicant must include: (A) A description of the use of water during construction and operation of the proposed facility; (B) A description of each source of water and the applicant’s estimate of the amount of water the facility will need during construction and during operation from each source under annual average and worst-case conditions; (C) A description of each avenue of water loss or output from the facility site for the uses described in (A), the applicant’s estimate of the amount of water in each avenue under annual average and worst-case conditions and the final disposition of all wastewater; (D) For thermal power plants, a water balance diagram, including the source of cooling water and the estimated consumptive use of cooling water during operation, based on annual average conditions; (E) If the proposed facility would not need a groundwater permit, a surface water permit or a water right transfer, an explanation of why no such permit or transfer is required for the construction and operation of the proposed facility; (F) If the proposed facility would need a groundwater permit, a surface water permit or a water right transfer, information to support a determination by the Council that the Water Resources Department should issue the permit or transfer of a water use, including information in the form required by the Water Resources Department under OAR Chapter 690, Divisions 310 and 380; and (G) A description of proposed actions to mitigate the adverse impacts of water use on affected resources. (2) Information about noise generated by operation of the proposed facility, providing evidence to support a finding by the Council that the proposed facility complies with the Oregon Department of Environmental Quality’s noise control standards in OAR 340-035-0035, including: (a) Predicted noise levels resulting from construction and operation of the proposed facility; (b) An analysis of the proposed facility's compliance with the applicable noise regulations in OAR 340-035-0035, including a discussion and justification of the methods and assumptions used in the analysis; (c) Any measures the applicant proposes to reduce noise levels or noise impacts or to address public complaints about noise from the facility; (d) Any measures the applicant proposes to monitor noise generated by operation of the facility; and (e) A list of the names and addresses of all owners of noise sensitive property, as defined in OAR 340-035-0015, within one mile of the proposed site boundary. (3) If the proposed facility has an evaporative cooling tower, information about the cooling tower plume, including: (a) The predicted size and frequency of occurrence of a visible plume and an assessment of its visual impact; (b) The predicted locations and frequency of occurrence of ice formation on surfaces and ground level fogging and an assessment of significant potential adverse impacts, including, but not limited to, traffic hazards on public roads; (c) The predicted locations and rates of deposition of solids released from the cooling tower (cooling tower drift) and an assessment of significant potential adverse impacts to soils, vegetation and other land uses; (d) Any measures the applicant proposes to reduce adverse impacts from the cooling tower plume or drift; (e) The assumptions and methods used in the plume analysis; and (f) The applicant’s proposed monitoring program, if any, for cooling tower plume impacts.