Or. Admin. Code § 141-089-0625

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-089-0625 - General Authorizations (GA); Process for Establishing; Standards and Criteria

(1) Waiver of Permit Requirements. An individual removal-fill permit may not be necessary if a proposed activity meets the requirements of a General Authorization (GA). Any person proposing to conduct a removal-fill activity under a GA must first notify the Department in writing and pay any applicable fee to the Department.

(2) Establishment. General Authorizations are adopted, amended and repealed as administrative rules in accordance with the Administrative Procedure Act (ORS 183.310 through 183.550). A General Authorization may be granted on a statewide or other geographic basis.

(3) Criteria for Adoption. The Department may adopt a GA based upon a finding that the category of activities of removal-fill:

(a) Are substantially similar in nature;

(b) Would cause only minimal individual and cumulative environmental impacts; and

(c) Would not result in long-term harm to the water resources of this state.

(4) Department Findings. These General Authorizations are made pursuant to ORS 196.850 and are based upon the determination that the authorized activities are similar in nature and when conducted in accordance with these rules will not result in long-term harm to water resources of the state, and will cause only minimal individual and cumulative environmental effects.

(5) Amend or Rescind. The Department may amend or rescind any GA, through rulemaking, upon a determination that the removal-fill activity conducted under the General Authorization has resulted in or would result in more than minimal adverse effect or long-term harm to the water resources of this state. Any person may request the Department apply this provision. Such a request must include the specific General Authorization to be rescinded or amended and the reasons for the request.

(6) Expiration of General Authorizations. The Department will conduct a review of the GAs on or before March 1, 2016. The review will include public notice and opportunity for public hearing. At the completion of its review, the Department will decide whether to modify, reissue or rescind the GAs.

Or. Admin. Code § 141-089-0625

DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 2-2024, amend filed 05/31/2024, effective 7/1/2024

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990