Current through Register Vol. 60, No. 12, December 1, 2021
In addition to the definitions provided in ORS 468.005,
468B.005, OAR 340-041-0006 and
340-045-0010, unless
otherwise required by context, the following definitions apply to OAR chapter
340, division 42.
(1) "Background
Sources" include all sources of pollution or pollutants not originating from
human activities. In the context of a TMDL, background sources may also include
anthropogenic sources of a pollutant that the Department or another Oregon
state agency does not have authority to regulate, such as pollutants emanating
from another state, tribal lands or sources otherwise beyond the jurisdiction
of the state.
(2) "Designated
Management Agency (DMA)" means a federal, state or local governmental agency
that has legal authority over a sector or source contributing pollutants, and
is identified as such by the Department of Environmental Quality in a
TMDL.
(3) "Director" means the
Director of the Department of Environmental Quality or the Director's
authorized designee.
(4)
"Hydrologic Unit Code (HUC)" means a multi-scale numeric code used by the U.S.
Geological Survey to classify major areas of surface drainage in the United
States. The code includes fields for geographic regions, geographic subregions,
major river basins and subbasins. The third field of the code generally
corresponds to the major river basins named in OAR chapter 340, division 41.
The fourth field generally corresponds to the subbasins typically addressed in
TMDLs.
(5) "Local Advisory Group"
means a group of people with experience and interest in a specific watershed or
subbasin that is designated by the Department to provide local input during
TMDL development.
(6) "Management
Strategies" means measures to control the addition of pollutants to waters of
the state and includes application of pollutant control practices,
technologies, processes, siting criteria, operating methods, best management
practices or other alternatives.
(7) "Performance Monitoring" means monitoring
implementation of management strategies, including sector-specific and
source-specific implementation plans, and resulting water quality
changes.
(8) "Pollutant" has the
meaning provided in the
Federal Water Pollution Control Act Section 502 (
33 USC Section 1362 ).
(9)
"Reasonable Assurance" means a demonstration that a TMDL will be implemented by
federal, state or local governments or individuals through regulatory or
voluntary actions including management strategies or other controls.
(10) "Sector" means a category or group of
similar nonpoint source activities such as forestry, agriculture, recreation,
urban development or mining.
(11)
"Sector-Specific Implementation Plan" or "Source-Specific Implementation Plan"
in the context of a TMDL means a plan for implementing a Water Quality
Management Plan for a specific sector or source not subject to permit
requirements in ORS 486.050. The elements of an implementation plan are
described in OAR
340-042-0080.
(12) "Source" means any process, practice,
activity or resulting condition that causes or may cause pollution or the
introduction of pollutants to a waterbody.
(13) "Subbasin" means the designation in the
fourth field of the U.S. Geological Survey Hydrologic Unit Code.
(14) "Surrogate Measures" means substitute
methods or parameters used in a TMDL to represent pollutants.
(15) "Total Maximum Daily Load (TMDL)" means
a written quantitative plan and analysis for attaining and maintaining water
quality standards and includes the elements described in OAR
340-042-0040.
These elements include a calculation of the maximum amount of a pollutant that
a waterbody can receive and still meet state water quality standards,
allocations of portions of that amount to the pollutant sources or sectors, and
a Water Quality Management Plan to achieve water quality standards.
(16) "Waterbody" means any surface waters of
the state.
(17) "Water Quality
Management Plan (WQMP)" means the element of a TMDL describing strategies to
achieve allocations identified in the TMDL to attain water quality standards.
The elements of a WQMP are described in OAR
340-042-0040(4)(l).