1. (1) Waiver of Permit Requirements. An individual removal-fill permit, general removal-fill permit, or DEQ remedial action waiver may not be necessary if a project meets the requirements of a GA. Any person proposing to conduct a project under a GA must comply with the rules in this division.
2. (2) Establishment. GAs are granted through adoption of administrative rules in accordance with the Administrative Procedure Act (ORS 183.310 through 183.550). A GA may be granted on a statewide or other geographic basis.

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

   1. (a) Are substantially similar in nature;
   2. (b) Would cause only minimal individual and cumulative environmental impacts; and
   3. (c) Would not result in long-term harm to the water resources of this state.
4. (4) Department Findings. These GAs in OAR 141-089 are granted pursuant to ORS 196.850 and are based upon the determination that the authorized activities are similar in nature and that when conducted in accordance with these rules, will cause no more than minimal individual and cumulative environmental effects, and will not result in long-term harm to water resources of this state.
5. (5) Amend or Rescind. The Department may amend or rescind any individual GA, through rulemaking, upon a determination that activities conducted under an individual GA have 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 act under this provision. Such a request must include the GA to be rescinded or amended and the reasons for the request.
6. (6) Review of GAs. The Department will conduct a review of this Division 141-089 every five years from the date of the last OAR 141-089 rule amendment. The review will include public notice and opportunity for public hearing. At the completion of its review, the Department will engage in rulemaking to modify or rescind the Division 141-089 rule if it determines that modification or rescinding is appropriate.

Statutory/Other Authority

ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented

ORS 196.600 - 196.692 & 196.795 - 196.990

History

DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024
DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12
DSL 2-2011, f. & cert. ef. 3-1-11