Oregon Revised Statutes

Or. Rev. Stat. § 468B.005 (2026)

Definitions for water pollution control laws

✓ current as of May 2026

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468B.005 Definitions for water pollution control laws. As used in the laws relating to water pollution, unless the context requires otherwise:

(1) “Disposal system” means a system for disposing of wastes, either by surface or underground methods and includes municipal sewerage systems, domestic sewerage systems, treatment works, disposal wells and other systems.

(2) “Industrial waste” means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources.

(3) “Nonpoint source” means any source of pollution other than a point source.

(4) “Point source” means any discernible, confined and discrete conveyance, including but not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, from which pollutants are or may be discharged. “Point source” does not include agricultural storm water discharges and return flows from irrigated agriculture.

(5) “Pollution” or “water pollution” means such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

(6) “Sewage” means the water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage of wastes or industrial wastes shall also be considered “sewage” within the meaning of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(7) “Sewerage system” means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.

(8) “Treatment works” means any plant or other works used for the purpose of treating, stabilizing or holding wastes.

(9) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive or other substances which will or may cause pollution or tend to cause pollution of any waters of the state.

(10) “Water” or “the waters of the state” include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. [Formerly 449.075 and then 468.700; 2003 c.469 §1]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1994–2023 · leading case: Cox v. Polk Cnty., 25 P.3d 970 (Or. Ct. App. 2001).

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Cox v. Polk Cnty., 25 P.3d 970 (Or. Ct. App. 2001). · cites it 2× “587 (set out below) and ORS 468B.005; that the project at issue, which involved the application of effluent to trees, constituted “continued treatment” of the effluent, including uptake of nitrogen compounds by the trees and binding of heavy metals with the soil; and that the…”

City of Klamath Falls v. Env't Quality Comm'n, 870 P.2d 825 (Or. 1994). “17 We note that ORS 468B.005(3) defines “water pollution” to include “change in temperature” under certain circumstances and ORS 468B.”

Umatilla Waterquality Protect. Ass'n, Inc. v. Smith Frozen Foods, Inc., 962 F. Supp. 1312 (D. Or. 1997). “ORS 468B.005(8) (emphasis added). The most obvious distinction between Oregon law and the CWA is that Oregon law clearly requires some sort of water quality permit for discharges into underground waters, whereas the CWA appears to be confined to discharges that affect surface…”

State v. Baca, 529 P.3d 242 (Or. Ct. App. 2023). “775 provides, in part: “(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding…”

State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007). “775 provides, in part: “(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in *530 ORS 468B.005, other than in receptacles provided for the purpose of…”

Nw. Env't Def. Ctr. v. Env't Quality Comm'n, 223 P.3d 1071 (Or. Ct. App. 2009). “See ORS 468B.005 (defining “pollution” or “water pollution” to include “such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters”) (emphasis added); OAR…”

Nedc v. Eqc, 223 P.3d 1071 (Or. Ct. App. 2009). “[4] See ORS 468B.005 (defining "pollution" or "water pollution" to include "such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters") (emphasis added); OAR…”

State v. Baca (Or. Ct. App. 2023). “775 provides, in part: “(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding…”

— Or. Rev. Stat. § 468B.005(3) — 1 case

— Or. Rev. Stat. § 468B.005(8) — 1 case

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