Or. Admin. Code § 340-045-0080 - Effect of a Permit: Purpose
(1) A
permittee in compliance with a National Pollutant Discharge Elimination System
(NPDES) permit during its term is considered to be in compliance for purposes
of enforcement, with Sections 301, 302, 306, 307, 318, 403, and 405(a)-(b) of
the federal Clean Water Act (CWA) and ORS
468B.030,
468B.035, and
468B.048, and implementing
rules, applicable to effluent limitations, including effluent limitations based
on water quality basin standards, and treatment systems operation requirements.
This section does not apply to:
(a) Toxic
effluent standards and prohibitions imposed under Section 307 of the CWA, and
OAR Chapter 340, Division 41;
(b)
Standards for sewage sludge use or disposal under Section 405(d) of the CWA;
or
(c) Groundwater quality
protection requirements as specified in OAR Chapter 340, Division
40.
(2) Section (1) of
this rule does not prevent DEQ from instituting any proceeding for any
modifications, revocation, or suspension of a permit during its term. This
includes any modification of a permit necessary to implement and enforce Oregon
statutes or rules enacted or adopted after DEQ issued the permit.
(3) Compliance with permit conditions that
implement a particular standard for sewage sludge use or disposal is an
affirmative defense in any enforcement action brought for a violation of that
standard for sewage sludge use or disposal under Sections 405(e) and 309 of the
CWA.
(4) Nothing in this rule
prevents DEQ from instituting any proceeding against a permittee for violating
ambient water quality standards, outside of any applicable mixing zone, in
effect at the time the permit issued, that are not implemented through an
effluent limitation.
(5) The
Commission may adopt rules that apply to existing permits when either the
Commission or the Governor declares an emergency.
Notes
Statutory/Other Authority: ORS 468.020 & 468B.035
Statutes/Other Implemented: ORS 468.020 & 468B.035
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