Or. Admin. R. 690-086-0915 - Final Review of Plans
(1)
Upon receipt of a proposed final plan, the Department shall evaluate the plan
to determine if it includes the required elements of OAR 690-086-0125 to
690-086-0170 for a Municipal WMCP, OAR 690-086-0225 to 690-086-0270 for a water
management and conservation plan submitted by an Agricultural Water Supplier-,
or OAR 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP. The
evaluation shall be limited to a review of modifications in the plan and issues
that were identified in the Department's written comments provided under OAR
690-086-0910 and, if any deficiencies are identified, the Department's review
shall cite the relevant statute or rule.
(2) If the Department determines that the
final plan does not include the required elements of OAR 690-086-0120 to
690-086-0170 for a Municipal WMCP, OAR 690-086-0220 to 690-086-0270 for a water
management and conservation plan submitted by an Agricultural Water Supplier,
or OAR 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP, the
Department shall consult with the water supplier and may provide additional
time to correct any discrepancies.
(3) For a Municipal WMCP submitted by a
Municipal Water Supplier, the Department shall review the plan to determine if
the information and analyses in the plan are sufficient for the Department to
make the determination required under OAR 690-086-0130.
(4) For a Municipal WMCP submitted by a
Municipal Water Supplier, if the Department determines that the proposed final
plan includes the required elements under OAR 690-086-0120 to 690-086-0170 and
meets the applicable criteria under OAR 690-086-0130, the Department shall
issue a final order approving the plan and notify the water supplier and any
person who submitted comments pursuant to 690-086-0905 of the approval. The
Department's order shall include the following:
(a) A quantification of the maximum amount of
water to be diverted during the next 20 years under each Extended Permit, or
for a longer period as specified for an extended reservoir permit;
(b) The date on which an updated plan shall
be submitted to the Department. A Municipal Water Supplier may submit an
updated plan at any time prior to the date specified if necessary to
accommodate unanticipated events. The Department shall not require submittal of
an updated plan earlier than five years after issuance of the order approving
the plan; and
(c) Provided the date
specified in subsection (b) for submittal of an updated plan is greater than 5
years, a schedule for submittal of a five-year progress report on
implementation of the water conservation and supply measures described in the
plan.
(5) For a water
management and conservation plan submitted by an Agricultural Water Supplier,
if the Department determines that the proposed final plan satisfies the
relevant requirements or if the water supplier satisfactorily corrects any
identified discrepancies, the Department shall issue a final order approving
the plan and notify the water supplier and any person who submitted comments
pursuant to OAR 690-086-0905 of the approval. The Department shall specify in
the order approving the plan if an updated plan shall be required and, if so,
the date on which the updated plan shall be submitted to the Department. The
Department shall not require submittal of an updated plan earlier than five
years after issuance of the order approving the plan.
(6) For an Alternate Municipal WMCP submitted
by a Small Municipal Water Supplier, the Department shall review the plan to
determine if the information and analyses in the plan are sufficient for the
Department to make the determination required under OAR 690-086-0330.
(7) For an Alternate Municipal WMCP submitted
by a Small Municipal Water Supplier, if the Department determines that the
proposed final plan includes the required elements under OAR 690-086-0320 to
690-086-0370 and meets the applicable criteria under OAR 690-086-0330, the
Department shall issue a final order approving the plan and notify the water
supplier and any person who submitted comments pursuant to OAR 690-086-0905 of
the approval. The Department's order shall include the following:
(a) A quantification of the maximum amount of
water to be diverted during the next 20 years under each Extended Permit, or
for a longer period as specified for an extended reservoir permit (not to
exceed existing development limitations established by a final order(s) issued
by the Department);
(b) The date
on which an updated plan shall be submitted to the Department. A Small
Municipal Water Supplier may submit an updated plan at any time prior to the
date specified if necessary to accommodate unanticipated events. The Department
shall not require submittal of an updated plan earlier than five years after
issuance of the order approving the plan; and,
(c) Provided the date specified in subsection
(b) for submittal of an updated plan is greater than 5 years, a schedule for
submittal of five-year progress reports on implementation of the water
conservation and supply measures described in the plan.
(8) The Department shall issue a final order
denying approval of the plan and notify the water supplier and any person who
submitted comments pursuant to OAR 690-086-0905 of the issuance of the order
if:
(a) The Department determines that the
proposed final plan does not contain the plan elements required under OAR
690-086-0125 for a Municipal WMCP, 690-086-0225 for a water management and
conservation plan submitted by an Agricultural Water Supplier, or 690-086-0325
for an Alternate Municipal WMCP;
(b) The plan does not meet the criteria under
OAR 690-086-0130 for a Municipal WMCP or under 690-086-0330 for an Alternate
Municipal Water WMCP;
(c) The
Municipal Water Supplier has failed to adequately justify a request for
additional time to implement water Metering under OAR 690-086-0150(4)(b) for a
Municipal WMCP, or a Benchmark established in a previously approved plan;
or
(d) The Small Municipal Water
Supplier has failed to adequately justify a request for additional time to
implement water Metering under OAR 690-086-0350(4)(b) for an Alternate
Municipal WMCP, or a Benchmark established in a previously approved plan;
or
(e) The work plan submitted
under OAR 690-086-0900(3) is insufficient for completing the additional work
necessary to satisfy the requirements of these rules.
Notes
Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
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