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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 46

DEPOSIT OF MOTOR VEHICLE BODIES AND ACCESSORIES 
INTO THE WATERS OF THE STATE

340-046-0005

Purpose

The purpose of these rules is to regulate the beneficial use of motor vehicle bodies, chassis, parts, and accessories in the waters of the state or in locations where they may be likely to escape or be carried into said waters by any means, and the means and method for their deposit.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70

340-046-0010

Definitions

Unless the context requires otherwise, as used in these rules:

(1) "Department" means the Department of Environmental Quality.

(2) "Motor Vehicle Bodies and Parts Thereof" means a chassis, body, or shell of a motor vehicle as defined by ORS 482.010 or of any vehicle as defined by ORS 482.030, or parts and accessories of said motor vehicle or vehicle.

(3) "Permit" means a letter permit or approval for a deposit, in writing, executed by the Director, Deputy Director, of the Department of Environmental Quality, or their designated program chief.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70 

340-046-0015

Beneficial Uses

Beneficial uses of motor vehicle bodies and parts thereof in the waters of the state or in locations where they may be likely to escape or be carried into said waters by any means:

(1) The following are conditionally approved beneficial uses of motor vehicle bodies and parts thereof:

(a) Land reclamation projects;

(b) Erosion control projects;

(c) The construction of artificial reefs for fishery enhancement under auspices of the state or federal fishery management agencies.

(2) Any approval of or permit for the projects in section (1) of this rule is subject to the more detailed requirements prescribed by these rules and will not be approved where a more efficient method of control is readily available.

(3) No other beneficial uses are approved by the Department.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70; DEQ 95(Temp), f. & ef. 8-27-75 thru 12-24-75; DEQ 106, f. & ef. 12-29-75

340-046-0020

Requirements for Deposit

Permits and approval:

(1) Prior to any deposit of motor vehicle bodies and parts thereof into the waters of the state or in a location where they may be likely to escape or be carried into said waters by any means, a person must first make application as prescribed in section (2) of this rule to the Department and secure a written permit from said agency.

(2) Application. The application shall be in a written, legible form and shall include the following mimimum information:

(a) The name, address, and organization, if any, of the applicant;

(b) The purpose and necessity for the deposit and whether it is for a long-term or short-term project;

(c) The number and amount of motor vehicle bodies and parts intended to be deposited;

(d) The location and name of the stream or other public waters or adjacent land area involved;

(e) The time schedule, method, and program contemplated by the applicant for deposit of the motor vehicle bodies and parts deposited.

(3) Engineering plans. The application shall have attached, for examination and approval by the Department, full and complete engineering plans and specifications prepared by a registered professional engineer, describing in detail the method and manner of depositing and securing of motor vehicle bodies and parts thereof:

(a) The engineering plans and specifications and any necessary revisions thereof, if approved, will be considered by the Department as an acceptable means and method of deposit, provided all other applicable requirements are met;

(b) The Department may also seek comments from other adjacent or affected property owners and any applicable city, county, state, or federal agency relative to the proposed locations of the deposit and engineering plan.

(4) The Department may set additional specific time limitations and conditions for the deposit and for future removal thereof, as may be necessary.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70

340-046-0025

Specific Requirements

(1) If authorized for use, all motor vehicle bodies and parts thereof shall, prior to their deposit:

(a) Be effectively drained of all oil and fuel, chemicals and lubricants, and any other potential water pollutant or contaminant;

(b) Have all glass and windows removed.

(2)(a) Except as noted in subsection (b) of this section, any motor vehicle bodies and parts thereof deposited shall be completely covered and shall be secured with concrete or rock riprap or by other equivalent means in a manner to prevent their exposure and displacement.

(b) Any motor vehicle bodies and parts thereof used in the construction of artificial reefs for fishery enhancement shall be secured in a manner to prevent their displacement.

(3) The engineering plan required by OAR 340-046-0020 shall consider incorporation of natural surrounding ground cover as part of its design and shall provide an aesthetically compatible finished appearance.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70; DEQ 95(Temp), f. & ef. 8-27-75 thru 12-24-75; DEQ 106, f. & ef. 12-29-75

340-046-0030

Other Governmental Requirements

Any permit or approval granted by the Department for the deposit of motor vehicle bodies or parts thereof into the waters of the state or in areas adjacent thereto does not supersede or obviate any municipal, county, state, or federal ordinance, regulation, or statutory requirements to the contrary.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70

340-046-0035

Violations

(1) No person shall:

(a) Deposit, discard, or place any motor vehicle body or parts thereof into the waters of the state for any purpose or in a location where they may be likely to escape or be carried into the waters of the state by any means, without first complying with the provisions of these rules and securing a written permit from the Department;

(b) Violate the terms, provisions, and conditions of a permit, nor present false information to the Department in order to obtain a permit.

(2) Violations shall be punishable upon conviction as provided in ORS 449.990.

Stat. Auth.: ORS 468
Stats. Implemented: ORS 468B.065 & ORS 468B.085 
Hist.: DEQ 7, f. 3-31-70, ef. 4-25-70

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