(1) Except as provided in ORS § 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which permit shall specify applicable effluent limitations, a person may not:

(a) Discharge any wastes into the waters of the state from any industrial or commercial establishment or activity or any disposal system.

(b) Construct, install, modify or operate any disposal system or part thereof or any extension or addition thereto.

(c) Increase in volume or strength any wastes in excess of the permissive discharges specified under an existing permit.

(d) Construct, install, operate or conduct any industrial, commercial, confined animal feeding operation or other establishment or activity or any extension or modification thereof or addition thereto, the operation or conduct of which would cause an increase in the discharge of wastes into the waters of the state or which would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized.

(e) Construct or use any new outlet for the discharge of any wastes into the waters of the state.

(2) The Department of Environmental Quality or the State Department of Agriculture may issue a permit under this section as an individual, general or watershed permit. A permit may be issued to a class of persons using the procedures for issuance of an order or for the adoption of a rule. Notwithstanding the definition of ‘order’ or ‘rule’ provided in ORS § 183.310, in issuing a general or watershed permit by order pursuant to this section, the State Department of Agriculture or Department of Environmental Quality:

(a) Is not required to direct the order to a named person or named persons; and

(b) May include in the order agency directives, standards, regulations and statements of general applicability that implement, interpret or prescribe law or policy.

(3) When deciding whether to issue a permit to a confined animal feeding operation under this section, the Department of Environmental Quality or the State Department of Agriculture shall consider any relevant determination by the Water Resources Department pursuant to ORS § 468B.216 (2).

(4) Notwithstanding subsection (2) of this section, the Department of Environmental Quality or the State Department of Agriculture may not issue a general NPDES or WPCF permit to a new large confined animal feeding operation that:

(a) Is located in a ground water management area declared under ORS § 468B.180; and

(b) Applies manure, litter, wastewater or processed waste to land within the ground water management area.

(5) Subsection (4) of this section does not apply to the issuance of water quality permits to regulate stormwater.

(6) The State Department of Agriculture or the Department of Environmental Quality may define ‘confined animal feeding operation’ by rule for purposes of implementing this section.

(7) As used in this section:

(a) ‘New large confined animal feeding operation’ has the meaning given that term in ORS § 468B.215.

(b) ‘NPDES’ and ‘WPCF’ have the meanings given those terms in ORS § 561.255. [Formerly 449.083 and then 468.740; 1997 c.286 § 6; 2001 c.248 § 4; 2005 c.523 § 4; 2023 c.465 § 1]