TOPICAL ARTICLES

September 2004

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OREGON: Enforcement of Water Quality Regulation and Penalties

In addition to federal laws, Oregon has its own water quality laws and regulations. Oregon’s water quality laws are codified at ORS 468B.050 - 468B.555 and the regulations are at OAR 340 beginning at Division 41. Oregon’s general discharge limitation provision prohibits persons from polluting “any waters of the state,” from placing waste where it is “likely to escape or be carried into the waters of the state by any means,” and from discharging wastes into water if the discharge reduces water quality “below the standards established by rule for such waters.” See ORS 468B.050. Violations of the general prohibition provision are deemed a public nuisance and subject the violator to civil penalties. There are exemptions for discharges in accordance with a valid discharge permit. See ORS 561.191.