Frequently Asked Questions (FAQs)

• When is a DEQ water quality permit required?
• Is a DEQ permit required if sewage or industrial wastewater is discharged to sanitary sewer (sewage treatment plant)?
• Is a DEQ permit required for dry wells, sumps, and other underground injection control systems (UICs)?
• Is a DEQ permit required for construction activities?
• Does DEQ issue removal-fill permits and when are they required?
• What are the alternatives to a DEQ water quality permit?
• What kind of water quality permit do I need (NPDES or WPCF)?
• What is an "individual" permit versus a "general" permit?
• How do I obtain a DEQ water quality permit?
• How do I renew an existing permit?
• How do I get information on permit fees?
• How do I change the permittee’s legal name and/or transfer a permit to a new owner?
• How can I sign up to receive e-mail notifications on permitting topics of interest to me?

When is a DEQ water quality permit required?

A DEQ water quality permit is required whenever there is a discharge of pollutants to waters of the state or to the ground. Waters of the state include surface waters (wetlands, pond, lakes, streams, rivers, etc.) and groundwater. Permits are required for discharges of wastewater (sewage, processing water, etc.), wash water, and even for wastewater that may be relatively clean, such as non-contact cooling water. These discharges may occur through a variety of disposal systems including land irrigation, seepage ponds, onsite sewage systems, dry wells, etc., or may discharge to surface water directly through a pipe or ditch or indirectly through a storm sewer system. Certain industries and activities may also be required to obtain permits for stormwater runoff from their properties.

A permit should be obtained prior to beginning the operation that will result in a discharge. If you have already begun to discharge, you must apply for a permit as soon as possible. There will be a permit application fee and yearly fee to maintain the permit. See How do I obtain a DEQ water quality permit? for more information. Please be aware that discharges to waters of the state or the ground are only allowed if they meet strict standards. In some cases, a discharge may need to be "pre-treated" in order to meet these standards. You will also be required to monitor the discharge to assure that it is in compliance the DEQ permit. Pre-treatment and monitoring requirements may be quite costly so we recommend that you consider alternatives to discharging to waters of the state or to the ground so a DEQ permit would not be required.

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Is a DEQ permit required if sewage or industrial wastewater is discharged to sanitary sewer (sewage treatment plant)?

Facilities that discharge sewage, industrial wastewater (wastewater associated with any manufacturing process), or wash water to a sanitary sewer (city, county, or district sewage treatment plant or wastewater treatment plant) are not directly regulated by DEQ. In this situation, the Department requires the wastewater treatment plant to obtain a DEQ NPDES or WPCF permit. The plant is then required to regulate the discharges into their system and to maintain compliance with their DEQ permit. If you would like to discharge to the sanitary sewer, please contact the local sanitary authority for more information. A permit and fee may be required from the local authority. Also, if you are already discharging wastewater or wash water to the sanitary system, you are required to notify your local sanitary authority; no notification is required if you are only discharging sewage.

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Is a DEQ permit required for dry wells, sumps, and other underground injection control systems (UICs)?

All underground injection control (UIC) systems are required to register with the Department. UIC systems include, but are not limited to, onsite sewage systems with a capacity to serve more than 20 persons a day, dry wells, sumps, and waste disposal wells. In addition to the registration requirement, some UICs need to be permitted. A permit is required if the UIC is not allowed outright by Oregon Administrative Rule (OAR) 340-044. For example, stormwater runoff to UICs may be allowed without a permit if the conditions of OAR 340-044-0050 are met. However, most wastewater discharges to UICs require a Water Pollution Control Facilities permit. Please visit the UIC web site for more information.

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Is a DEQ permit required for construction activities?

Construction activities that disturb one acre or more, including clearing, grading and excavation, are required to have a National Pollutant Discharge Elimination System (NPDES) general permit #1200-C. Projects that disturb one acre or more over a period of time or are part of a common plan are also required to apply for permit. This permit will require that erosion at the construction site be controlled to prevent sediment from entering waters of the state. An Erosion and Sediment Control Plan must be submitted to DEQ for approval prior to beginning construction. For more information, please contact the DEQ regional office (Eastern, Northwest, Western) nearest to your project or visit DEQ's Stormwater web site.

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Does DEQ issue removal-fill permits and when are they required?

DEQ does not issue removal-fill permits. These permits are issued by the Division of State Lands (DSL) and the U.S. Army Corps of Engineers (USCOE or Corps). DEQ reviews projects that require USCOE Section 404 permits (described later in this section) and issues "401 water quality certifications" on these projects allowing them to proceed provided certain conditions are met. For more information on DEQ’s 401 certification program, contact DEQ’s Water Quality Division at (503) 229-6030 or toll-free, inside Oregon at 1-800-452-4011.

In general, Oregon's Removal-Fill Law (ORS 196.800-990) requires people who will remove or fill 50 cubic yards or more in waters of the state to obtain a permit from DSL. For the purpose of this requirement, waters of the state are defined as "natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and nonnavigable, including that portion of the Pacific Ocean which is in the boundaries of this state." In areas designated by DSL as essential indigenous anadromous salmonid habitat and in State Scenic Waterways, most removal-fill activities require a permit, regardless of the number of cubic yards affected.

Most projects that need a state removal-fill permit will also require either a Section 10 permit (Rivers and Harbors Act of 1899) or a Section 404 (Clean Water Act) federal permit from the Corps. DSL and the Corps use a joint permit application form available on DSL’s web page. Section 10 of the Rivers and Harbors Act of 1899 requires that any work in or over "navigable waters" of the United States, or that affects the course, location, condition or capacity of such waters receive prior approval by USCOE. Typical activities requiring Section 10 permits include construction of piers, marinas, ramps, floats, intake structures, and cable or pipeline crossings, and dredging and excavation. Section 404 of the Clean Water Act regulates all discharges of dredged or fill material into the "waters of the United States." Typical activities requiring Section 404 permits include depositing of fill or dredged material in waters of the U.S. or adjacent wetlands, and site development fill for residential, commercial, or recreational developments.

Please contact DSL at (503) 378-3805 or the Corps at (503) 808-4373 for more information on their permit programs.

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What are the alternatives to a DEQ water quality permit?

Prior to discharging wastewater or wash water to surface waters or to the ground, we suggest that you consider alternatives that are safer for the environment. These include discharging to the sanitary sewer if prior approval is obtained from the sanitary authority or recycling wastewater so a discharge is not required. You should also look for pollution prevention opportunities to reduce the amount of wastewater you generate by recycling water whenever possible or reducing extra rinsing steps. For more information about pollution prevention, please contact DEQ’s Pollution Prevention staff. While the up-front cost of these options may look expensive, they should be weighed against the cost of obtaining and maintaining a DEQ permit, permit monitoring requirements, and the liability associated with operating out of compliance with a DEQ permit (e.g., penalties, citizen suit, negative media coverage, etc.).

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What kind of water quality permit do I need (NPDES or WPCF)?

The type of permit that you need depends on what you discharge and where the discharge goes. The Department administers two types of water quality permits:

• National Pollutant Discharge Elimination System (NPDES)
  The NPDES permit is a requirement of the Federal Water Pollution Control Act (Clean Water Act) and Oregon law. DEQ has been given authority from the Environmental Protection Agency (EPA) to issue these permits. NPDES permits are required for "point source" discharges of pollutants to surface waters. The term "point source" refers to a natural or human-made conveyance such as pipes culverts, ditches, catch basins or any other type of channel. NPDES permits are issued for wastewater discharges from sewage treatment plants, pulp and paper mills, and other types of businesses. This also includes discharges to the storm sewer system or to drainage ditches that eventually reach surface waters. Certain industries and activities are also required to obtain NPDES permits for stormwater runoff.
   
• Water Pollution Control Facilities (WPCF)
  The WPCF permit is a state requirement for the discharge of wastewater to the ground; discharge to surface water is not allowed. WPCF permits are issued for land irrigation of wastewater, wastewater lagoons, onsite sewage disposal systems, and underground injection control systems (i.e., dry wells, sumps, etc.). The primary purpose of a WPCF permit is to prevent discharges to surface waters and to protect groundwater from contamination. This permit is also used to prevent nuisance conditions such as odors and mosquitoes.

Both the NPDES and WPCF programs use "individual" and "general" permits. Please review What is an "individual" versus a "general" permit? for more information.

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What is an "individual" permit versus a "general" permit?

An "individual permit" is site-specific; it is developed to address discharges from a specific facility. An individual permit is more expensive than a general permit because it takes more time to develop, and more review and inspection by DEQ is required to assure that the permitted facility is in compliance with its permit. Individual permits are usually issued for a period of five years. DEQ currently has over 800 facilities under National Pollutant Discharge Elimination System (NPDES) and Water Pollution Control Facilities (WPCF) individual permit. Approximately 70% of these permits are for the treatment and disposal of sewage. Individual permits often require more frequent monitoring by the permittee to assure that permit limitations are being met, as well as monitoring for a greater variety of pollutants. Please see Application Forms and Fees for Industrial Permits and Application Forms and Fees for Domestic Permits for more information. "Domestic" permits are issued to sewage and wastewater treatment plants, as well as other systems designed to treat wastewater that is primarily composed of human sewage.

A "general permit" is used to cover a category of similar discharges, rather than a specific site. DEQ may issue a general permit when there are several minor sources or activities involved in similar operations that may be adequately regulated with a standard set of conditions. A general permit is issued once and expires within five years. Any facility that qualifies for a general permit may be "assigned" the permit during that five-year period. The fee for a general permit is lower than an individual permit because the cost of developing a general permit may be spread over multiple facilities. In addition, these permits usually require less oversight by the Department. The Department currently utilizes 29 different NPDES and WPCF general permits that regulate such discharges as boiler blowdown, non-contact cooling water, wash water from vehicle and equipment cleaning, seafood processing, petroleum hydrocarbon cleanups, small domestic onsite sewage systems, etc. Please see Application Forms and Fees for Industrial Permits and Application Forms and Fees for Domestic Permits for more information. General permits cannot be modified and will only be issued to facilities that are able to meet the requirements set forth in the desired permit.

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How do I obtain a DEQ water quality permit?

You must first determine what type of permit you need and then submit the appropriate application forms and fees. Please contact the nearest DEQ regional office for assistance in making this determination. DEQ water quality staff will help you determine if you need an NPDES or WPCF permit, and whether or not a general permit is available for your discharge. They will also provide you with the most current fee information. If you already have a permit and need to renew it, please see How do I renew an existing permit?

You may also use the following tables to determine what application forms you need for a new permit and the approximate fee for the permit you are interested in. Most forms are available electronically. If a form is not available electronically, please contact the nearest DEQ regional office for a hard copy.

• Application Forms and Fees for Industrial Permits
• Application Forms and Fees for Domestic Permits -- "Domestic" permits are issued to sewage and wastewater treatment plants, as well as other systems designed to treat wastewater that is primarily composed of human sewage.
• Application Forms and Fees for Stormwater Permits

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How do I renew an existing permit?

Renewal notices are usually sent to existing permittees at least six months before their permits expire. If you have yet to receive a notice or would like to apply early, please contact the nearest DEQ regional office for assistance. DEQ must receive a completed application prior to the expiration date of the permit. If a completed application and renewal fees are not received by the expiration date, the permit is terminated and you must reapply using the new permit application forms and fee.

You may use the following tables to determine what application forms you need to renew your permit and the approximate fee for that permit. Most forms are available electronically. If a form is not available electronically, please contact the nearest DEQ regional office for a hard copy.

• Application Forms and Fees for Industrial Permits
• Application Forms and Fees for Domestic Permits -- "Domestic" permits are issued to sewage and wastewater treatment plants, as well as other systems designed to treat wastewater that is primarily composed of human sewage.
• Application Forms and Fees for Stormwater Permits

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How do I change the permittee’s legal name and/or transfer a permit to a new owner?

In order to change the legal name of a permittee or transfer a permit to a new owner, you need to complete a Name Change/Transfer of Ownership form ([DOC] [PDF]) and submit it with a $74 transfer fee to the DEQ regional office nearest you.

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How can I sign up to receive e-mail notifications on permitting topics of interest to me?

You can subscribe to e-mail notifications on permitting topics by going to our Public Notices page. Click on the green envelope icon in the left corner. Enter your e-mail address and optional password. You will then see a menu of topics to subscribe to, including a list of topics under Permitting Activity. Check any of the topics you wish to subscribe to. You may unsubscribe from a list anytime you receive an e-mail notification.

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