Oregon Law
Law as of Jan 1, 2026
Chapter contents
468B.005Definitions for water pollution control laws 468B.010Authority of commission over water pollution; construction 468B.015Policy 468B.020Prevention of pollution 468B.025Prohibited activities 468B.030Effluent limitations; rules 468B.032Alternative enforcement proceeding; request; public notice; fees 468B.035Implementation of Federal Water Pollution Control Act; rules 468B.037Federal Water Pollution Control Act; variances; minimization of negative economic impacts 468B.038Federal Water Pollution Control Act; consultation with applicant for variance 468B.039Procedures for developing methodologies for assessment of water quality 468B.040Certification of hydroelectric power project; comments of affected state agencies 468B.045Certification of change to hydroelectric power project; notification of federal agency 468B.046Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes 468B.047Fees for state certification under Federal Water Pollution Control Act; rules; review of department determination; disposition of fees 468B.048Rules for standards of quality and purity; factors to be considered; meeting standards 468B.050Water quality permit; issuance by rule or order; rules 468B.051Fees for water quality permits and programs 468B.052[2005 c.729 §3; 2013 c.783 §11; repealed by 2017 c.300 §9] 468B.053Alternatives to obtaining water quality permit; rules 468B.055Plans and specifications for disposal, treatment and sewerage systems 468B.060Liability for damage to fish or wildlife or habitat; agency to which damages payable 468B.062Use attainability analysis of certain waters of state 468B.064Follow-up assessments of waters of state that exceed numeric temperature criteria 468B.065[Formerly 468.750; renumbered 468B.083 in 1997] 468B.066[1997 c.770 §4; 1999 c.270 §4; repealed by 2007 c.354 §1] 468B.070Prohibited activities for certain municipalities 468B.075Definitions for ORS 468B.080 468B.080Prohibitions relating to garbage or sewage dumping into waters of state 468B.083When motor vehicle parts may be placed in waters of state; rules 468B.085Depositing vehicles or manufactured structures into water prohibited 468B.087Mixing zone authorized for seafood processing facilities 468B.090Permit authorized for discharge of shrimp and crab processing by-products; conditions 468B.093General permit for discharge of geothermal spring water to surface water 468B.095Use of sludge on agricultural, horticultural or silvicultural land; rules 468B.100Definitions for ORS 468B.105 and 468B.110 468B.105Review of water quality standard affecting forest operations 468B.110Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards 468B.112Definitions 468B.114Motorized in-stream placer mining; discharge prohibited without permit; other prohibitions 468B.116Permit application; permit conditions 468B.118Fees 468B.120Definitions for ORS 468B.120 to 468B.135 468B.125Policy to reduce phosphorous pollution 468B.130Prohibition on sale or distribution of cleaning agents containing phosphorus; rules 468B.135Exemptions 468B.138Definitions for ORS 468B.138 to 468B.144 468B.139Report; consultation with governments, agencies and organizations; surcharge 468B.140Plans to reduce discharges of persistent pollutants 468B.141Rules 468B.142Order compelling compliance with rules; injunction; security not required; attorney fees 468B.143Persistent Pollutant Control Account; establishment; uses 468B.144Moneys received under ORS 468B.142; disposition 468B.150Definitions for ORS 468B.150 to 468B.190 468B.155State goal to prevent ground water contamination 468B.160Ground water management and use policy 468B.162Coordination of ground water activities; report 468B.164Encouragement of federal actions 468B.165Ground water contaminants; maximum levels; rules 468B.166Technical advisory committee; duties; membership 468B.167Ground water resource protection strategy; advisory committees 468B.169Requests for funding, advice or assistance for ground water projects 468B.170[Formerly 468.695; repealed by 1995 c.690 §§25,26] 468B.171Awarding grants; purpose; rules 468B.175Ground water quality concern area; declaration; recommendation; findings 468B.177Interagency team; assessment and outreach plan; report 468B.178Specific actions by agencies participating in interagency team 468B.179Ground water management committee; appointment; duties 468B.180Ground water quality management area; declaration; recommendation; standards 468B.182Alternative appointment of ground water management committee 468B.183[Formerly 536.149; repealed by 2025 c.605 §21] 468B.184Interagency team; development of action plan 468B.185[Formerly 468.699; 1995 c.690 §8; renumbered 468B.190 in 1995] 468B.186Comment on action plan; final action plan; report 468B.187[Formerly 536.165; repealed by 2025 c.605 §21] 468B.188Repeal of declaration of ground water quality management area 468B.189Actions by State Department of Agriculture 468B.190Ground water monitoring and assessment 468B.195Underground injection control program of federal Safe Drinking Water Act; rules; fees 468B.196[2007 c.297 §3; repealed by 2023 c.258 §3] 468B.197Subsurface Injection Fluids Account; establishment; interest; uses 468B.200Legislative findings 468B.203Applicability of 468B.200 to 468B.230 468B.205Definition of confined animal feeding operation; rules 468B.210Maximum number of animals per facility; determination 468B.212Land use compatibility statement; permitted or conditional use required 468B.213Authority of city or county to require setback or buffer for new large confined animal feeding operation 468B.215Fees; preliminary consultation; permit conditions; inspection by State Department of Agriculture; review 468B.216Water supply plan; review by Water Resources Department; recommended permit conditions 468B.217Memorandum of understanding with Department of Agriculture 468B.219Nutrient application permit; rules 468B.220Civil penalty for violation of permit requirement 468B.222[1995 s.s. c.3 §37a; repealed by 1996 c.5 §3 (468B.223 enacted in lieu of 468B.222)] 468B.223[1996 c.5 §4 (enacted in lieu of 468B.222); repealed by 2001 c.248 §14] 468B.224[1995 s.s. c.3 §37b; repealed by 1996 c.5 §5 (468B.225 enacted in lieu of 468B.224)] 468B.225Prerequisite for investigation; written complaint; security deposit 468B.226[1995 s.s. c.3 §37c; repealed by 1996 c.5 §7 (468B.227 enacted in lieu of 468B.226)] 468B.227[1996 c.5 §8 (enacted in lieu of 468B.226); repealed by 2001 c.248 §14] 468B.230Department of Agriculture civil penalty authority 468B.300Definitions for ORS 468B.300 to 468B.500 468B.305Entry of oil into waters of state prohibited; exceptions 468B.310Liability for violation of ORS 468B.305; exceptions 468B.315Duty to collect and remove oil; dispersal of oil 468B.320Action by state; liability for state expense; order; appeal 468B.325Director’s right of entry in response to spill or release of oil or hazardous material; state liability for damages 468B.330Action to collect costs 468B.335Effect of federal regulations of oil spillage 468B.337Liquefied natural gas 468B.340Legislative findings and intent 468B.345Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions 468B.350Standards for contingency plans; oil spill response zones; rules 468B.355Contingency plans; participation in maritime association; lien; liability of maritime association; exemption from liability 468B.360Review of contingency plan 468B.365Plan approval; change affecting plan; certificate of approval 468B.370Determination of adequacy of plan; practice drills; rules 468B.375Inspection of facilities and vessels; coordination with State of Washington 468B.380Tank vessel inspection program; rules 468B.385Modification of approval of contingency plan; revocation of approval; violation 468B.390Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility 468B.395Department duties 468B.400Wildlife rescue training program 468B.405Fees; disposition 468B.410Oil Spill Prevention Fund; uses 468B.412Report regarding fees and oil spill prevention activities 468B.415Oregon coast safety committee; subcommittees 468B.420Safety committee recommendations 468B.425Exemption from liability for removal costs or damages 468B.427Oil spill contingency plan required for high hazard train routes in state; notice of operations; renewal of plan; department response 468B.429Requirements for contingency plans 468B.431Review of contingency plan; plan approval; change affecting plan; certificate of approval 468B.433Financial responsibility statement 468B.435High Hazard Train Route Oil Spill Preparedness Fund; uses 468B.437Rules 468B.450Willful or negligent discharge of oil; civil penalty; authority of director to mitigate 468B.455Oil Spillage Control Fund; source; use 468B.460Rules 468B.475Legislative finding; need for evidence of financial assurance for ships transporting oil 468B.480[Formerly 468.825; repealed by 2001 c.688 §11] 468B.485Methods of establishing financial assurance 468B.490[Formerly 468.829; repealed by 2001 c.688 §11] 468B.495Interagency response plan for oil or hazardous material spills 468B.500Contents of plan 468B.510Seismic vulnerability assessment required for bulk oils or liquid fuels terminal; rules 468B.513Seismic risk mitigation implementation program; plan; fees; rules 468B.516Confidential business information 468B.519Whistleblower protection for employees 468B.522Federally preempted requirements not applicable 468B.525Seismic Risk Mitigation Fund 468B.550Short title 468B.555Trading program development; priorities; fees 468B.600Harmful algal bloom monitoring and response strategy; data; determination of causes 468B.650Legislative findings 468B.653Interagency water reuse team; duties of Department of Environmental Quality 468B.990[Formerly 468.990; repealed by 1993 c.422 §35]

Chapter 468B — Water Quality

ORS 468B.213 Authority of city or county to require setback or buffer for new large confined animal feeding operation

Notwithstanding ORS 30.935, 215.253 (1) and 633.738, the governing body of a city or county in which a new large confined animal feeding operation, as defined in ORS 468B.215, is proposed to be located may require the new large confined animal feeding operation to include a setback or buffer, composed of a natural or created vegetative barrier, berm or terrain, in the production area of the new large confined animal feeding operation, if the parcel of land on which the new large confined animal feeding operation would be located is adjacent to a parcel on which:

(1)

A residential structure is lawfully sited; or

(2)

A structure that was lawfully sited when constructed, but no longer conforms with or is allowed under new or changed land use requirements, is sited.

Note: See note under 468B.212.

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