2017 ORS 468B.025¹
Prohibited activities

(1) Except as provided in ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality 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 the waters of the state by any means.

(b) Discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

(2) No person shall violate the conditions of any waste discharge permit issued under ORS 468B.050 (Water quality permit).

(3) Violation of subsection (1) or (2) of this section is a public nuisance. [Formerly 449.079 and then 468.720; 1997 c.286 §5]

(formerly 449.079, then 468.720)

See also annota­tions under ORS 449.079 in permanent edi­tion.

Notes of Decisions

Discharge that violates terms of permit is not separately punishable under ORS 468B.050 (Water quality permit) as discharge made without permit. Environ­mental Quality Commission v. City of Coos Bay, 171 Or App 106, 14 P3d 649 (2000)

Person may not discharge waste into state wa­ters if discharge would reduce quality of wa­ter below state’s wa­ter quality standards unless per­son has permit from Depart­ment of Environ­mental Quality that specifically authorizes discharge. Tualatin Riverkeepers v. Depart­ment of Environ­mental Quality, 235 Or App 132, 230 P3d 559 (2010), Sup Ct review denied

Atty. Gen. Opinions

Lessee filling tidelands as requiring a permit, (1971) Vol 35, p 844

Law Review Cita­tions

2 EL 99, 181-188 (1971)

(formerly 468.700 to 468.778)

Atty. Gen. Opinions

State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

1 Legislative Counsel Committee, CHAPTER 468B—Water Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.