The policy of the Department is:
(a) To accept the findings of local, state
and federal agencies that license or permit projects to be built or run;
(b) To avoid influencing any of
those agencies to approve or deny a license or a permit.
Each applicant must provide information
demonstrating that the proposed project will:
(a) Obtain each local, state and federal
permit and license that applies to a project;
(b) Comply with the express terms and
conditions of each permit and license;
(c) Comply with all state, federal and local
laws and regulations that apply to the project; and
(d) Obtain a favorable land use decision from
the city or county where the project will be built.
(3) The Department may issue a loan approval
based on the applicant's representation or promise that each license and permit
has been or will be obtained in a timely manner. If the applicant fails to
obtain any required license or permit in a timely manner, the Department will
revoke the loan or approval.
The licensing or permitting agency must confirm in writing if any license or
permit named in these rules is not required. Such confirmation is not needed
for conservation measures for which the Department has already confirmed that
such a license or permit in not required.
Waterpower developers must comply with
(a) A project on a navigable
stream or connecting to a utility must obtain a license or exemption from the
Federal Energy Regulatory Commission;
(b) A license or permit to use water for
power must be obtained from the Water Resources Commission; and
(c) The requirements of the Northwest Power
and Conservation Council's Columbia Basin Fish and Wildlife Program.
(6) Geothermal developers must
obtain a geothermal well permit from the Department of Geology and Mineral
Industries or a permit to use ground water from the Water Resources
cogeneration developers must obtain an air contaminant discharge permit, a
waste discharge permit and a solid waste disposal permit from the Department of
Or. Admin. R.
DOE 1-1985, f. & ef.
1-2-85; DOE 2-1986, f. & ef. 3-4-86; DOE 4-1988, f. & cert. ef.
7-26-88; DOE 1-1994, f. & cert. ef. 4-1-94; DOE 2-1998, f. & cert. ef.
9-30-98; DOE 7-2004, f. & cert. ef. 12-20-04; DOE 13-2012, f. & cert.
Stat. Auth.: ORS 469 &
Stats. Implemented: ORS