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Oregon Revised Statutes

Or. Rev. Stat. § 468B.035 (2026)

Implementation of Federal Water Pollution Control Act; rules

✓ current as of May 2026
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      468B.035 Implementation of Federal Water Pollution Control Act; rules. (1) The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and federal regulations or guidelines issued pursuant to the Act. The commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of this subsection.

      (2) The State Department of Agriculture may perform or cause to be performed any acts necessary to be performed by the state to implement the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and any federal regulations or guidelines issued pursuant to the Act, relating to the control and prevention of water pollution from livestock and other animal-based agricultural operations. The department may adopt rules pursuant to ORS chapter 183 for the administration and implementation of this subsection. [Formerly 468.730; 2001 c.248 §3]

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1997–2026 · leading case: E. Oregon Mining Ass'n v. Dep't of Env't Quality, 398 P.3d 449 (Or. Ct. App. 2017).
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E. Oregon Mining Ass'n v. Dep't of Env't Quality, 398 P.3d 449 (Or. Ct. App. 2017). “Conversely, DEQ argued that it had the delegated authority to issue the permit under the Clean Water Act’s National Pollution Discharge Elimination System (NPDES) and ORS 468B.035, by which the state accepted that delegated authority.”
Nw. Env't Def. Ctr. v. Env't Quality Comm'n, 223 P.3d 1071 (Or. Ct. App. 2009). · cites it 6× “See ORS 468B.035 (providing for state implementation of the Clean Water Act).”
Nedc v. Eqc, 223 P.3d 1071 (Or. Ct. App. 2009). · cites it 6× “See ORS 468B.035 (providing for state implementation of the Clean Water Act).”
Riverkeepers v. Oregon Dep't of Env't Quality, 230 P.3d 559 (Or. Ct. App. 2010). “See ORS 468B.035 (EQC “may perform or cause to be performed any acts necessary to be performed by the state to implement” the provisions of the Clean Water Act).”
Umatilla Waterquality Protect. Ass'n, Inc. v. Smith Frozen Foods, Inc., 962 F. Supp. 1312 (D. Or. 1997). “ORS 468B.035. Oregon water quality law provides that, without a permit, “no person shall:” (a) Cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into waters of the state by any…”
NW Environ. Advocates v. DEQ, 349 Or. App. 17 (Or. Ct. App. 2026). “ORS 468B.035(1). NPDES permits must include limitations to control the discharge of pollut- ants which “will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard.”
— Or. Rev. Stat. § 468B.035(1) — 3 cases
Nw. Env't Def. Ctr. v. Env't Quality Comm'n, 223 P.3d 1071 (Or. Ct. App. 2009). “See ORS 468B.035 (providing for state implementation of the Clean Water Act).”
Nedc v. Eqc, 223 P.3d 1071 (Or. Ct. App. 2009). “See ORS 468B.035 (providing for state implementation of the Clean Water Act).”
NW Environ. Advocates v. DEQ, 349 Or. App. 17 (Or. Ct. App. 2026). “ORS 468B.035(1). NPDES permits must include limitations to control the discharge of pollut- ants which “will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard.”
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