Or. Admin. Code § 345-022-0040 - Protected Areas
(1) To issue a site certificate, the Council
must find:
(a) The proposed facility will not
be located within the boundaries of a protected area designated on or before
the date the application for site certificate or request for amendment was
determined to be complete under OAR
345-015-0190 or
345-027-0363;
(b) The design, construction and operation of
the facility, taking into account mitigation, are not likely to result in
significant adverse impact to a protected area designated on or before the date
the application for site certificate or request for amendment was determined to
be complete under OAR
345-015-0190 or
345-027-0363.
(2) Notwithstanding section
(1)(a), the Council may issue a site certificate for:
(a) A facility that includes a transmission
line, natural gas pipeline, or water pipeline located in a protected area, if
the Council determines that other reasonable alternative routes or sites have
been studied and that the proposed route or site is likely to result in fewer
adverse impacts to resources or interests protected by Council standards;
or
(b) Surface facilities related
to an underground gas storage reservoir that have pipelines and injection,
withdrawal or monitoring wells and individual wellhead equipment and pumps
located in a protected area, if the Council determines that other alternative
routes or sites have been studied and are unsuitable.
(3) The provisions of section (1) do not
apply to:
(a) A transmission line routed
within 500 feet of an existing utility right-of-way containing at least one
transmission line with a voltage rating of 115 kilovolts or higher;
or
(b) A natural gas pipeline
routed within 500 feet of an existing utility right of way containing at least
one natural gas pipeline of 8 inches or greater diameter that is operated at a
pressure of 125 psig.
(4) The Council shall apply the version of
this rule adopted under Administrative Order EFSC 1-2007, filed and effective
May 15, 2007, to the review of any Application for Site Certificate or Request
for Amendment that was determined to be complete under OAR
345-015-0190 or
345-027-0363 before the
effective date of this rule. Nothing in this section waives the obligations of
the certificate holder and Council to abide by local ordinances, state law, and
other rules of the Council for the construction and operation of energy
facilities in effect on the date the site certificate or amended site
certificate is executed.
(5) To
assist the Council in determining whether the standard outlined in (1) through
(4) has been met, the Applicant must submit information about the potential
impacts of the proposed facility on protected areas in the analysis area,
providing evidence to support a finding by the Council as required by this
rule, including:
(a) A list of all protected
areas within the analysis area identifying:
(A) The distance and direction of the
protected area from the proposed facility
(B) The basis for protection by reference to
a specific subsection of OAR
345-001-0010(26);
and
(C) The name, mailing address,
phone number, and email address of the land management agency or organization
with jurisdiction over the protected area.
(b) A map showing the location of the
proposed facility in relation to the protected areas;
(c) A description of significant potential
impacts of the proposed facility, if any, on the protected areas including, but
not limited to, potential impacts such as:
(A)
Noise resulting from facility construction or operation;
(B) Increased traffic resulting from facility
construction or operation;
(C)
Water use during facility construction or operation;
(D) Wastewater disposal resulting from
facility construction or operation;
(E) Visual impacts of facility structures or
plumes, including, but not limited to, changes in landscape character or
quality; and
(F) Visual impacts
from air emissions resulting from facility construction or operation,
including, but not limited to, impacts on Class 1 Areas as described in OAR
340-204-0050.
(d) A materials analysis,
including:
(A) An inventory of substantial
quantities of industrial materials flowing into and out of the proposed
facility during construction and operation;
(B) The applicant's plans to manage hazardous
substances during construction and operation, including measures to prevent and
contain spills; and
(C) The
applicant's plans to manage non-hazardous waste materials during construction
and operation.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) To issue a site certificate, the Council must find:
(a) The proposed facility will not be located within the boundaries of a protected area designated on or before the date the application for site certificate or request for amendment was determined to be complete under OAR 345-015-0190 or 345-027-0363;
(b) The design, construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse impact to a protected area designated on or before the date the application for site certificate or request for amendment was determined to be complete under OAR 345-015-0190 or 345-027-0363.
(2) Notwithstanding section (1)(a), the Council may issue a site certificate for:
(a) A facility that includes a transmission line, natural gas pipeline, or water pipeline located in a protected area, if the Council determines that other reasonable alternative routes or sites have been studied and that the proposed route or site is likely to result in fewer adverse impacts to resources or interests protected by Council standards; or
(b) Surface facilities related to an underground gas storage reservoir that have pipelines and injection, withdrawal or monitoring wells and individual wellhead equipment and pumps located in a protected area, if the Council determines that other alternative routes or sites have been studied and are unsuitable.
(3) The provisions of section (1) do not apply to:
(a) A transmission line routed within 500 feet of an existing utility right-of-way containing at least one transmission line with a voltage rating of 115 kilovolts or higher; or
(b) A natural gas pipeline routed within 500 feet of an existing utility right of way containing at least one natural gas pipeline of 8 inches or greater diameter that is operated at a pressure of 125 psig.
(4) The Council shall apply the version of this rule adopted under Administrative Order EFSC 1-2007, filed and effective May 15, 2007, to the review of any Application for Site Certificate or Request for Amendment that was determined to be complete under OAR 345-015-0190 or 345-027-0363 before the effective date of this rule. Nothing in this section waives the obligations of the certificate holder and Council to abide by local ordinances, state law, and other rules of the Council for the construction and operation of energy facilities in effect on the date the site certificate or amended site certificate is executed.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501