(A) That occur in concentrations greater than the maximum contaminant levels established by the National Primary Drinking Water Regulations adopted pursuant to the Safe Drinking Water Act, 42 U.S.C. 300f et seq.; or

(B) For which no maximum contaminant levels have been adopted, but that the Environmental Quality Commission determines by rule should be included in permittees’ plans for reducing permittees’ discharges of priority-listed persistent pollutants.

(b) Determinations made by the commission under this subsection regarding persistent pollutants are not standards of quality and purity for the waters of this state for the purposes of ORS 468B.048.

(2) Plans submitted to the department pursuant to subsection (1) of this section shall include, but are not limited to:

(a) A specific description of the concentrations and estimated annual quantity of persistent pollutants that are discharged, based on water quality sampling data.

(b) The identification of measures to reduce the discharge of persistent pollutants.

(c) The identification of focused goals for reduction of persistent pollutants.

(3) Measures identified to reduce persistent pollutants may include, but are not limited to:

(a) Collecting legacy pesticides;

(b) Reducing the use of mercury amalgams by dental offices;

(c) Implementing technological control measures;

(d) Working with businesses and manufacturers to reduce discharges through material process changes;

(e) Collecting arm cuffs from blood pressure monitors;

(f) Requiring contractors to return heating, ventilating and air-conditioning system thermostats;

(g) Recycling fluorescent lamps;

(h) Recycling rechargeable batteries;

(i) Monitoring abandoned mining sites;

(j) Managing sediments contaminated with persistent pollutants;

(k) Instituting policies for cleaning school laboratories;

(L) Instituting pharmaceutical take-back programs; and

(m) Taking steps to reduce the presence of mercury in schools.

(4) The department shall require, as a condition of receiving a new or renewed National Pollutant Discharge Elimination System permit or water pollution control facility permit issued by the department pursuant to ORS 468B.050 for a sewage treatment facility that has a dry weather design flow capacity of one million gallons per day or more, that municipal applicants:

(a) Implement plans to reduce the discharge of persistent pollutants according to pollution reduction goals adopted by applicants for new permits.

(b) Implement plans to reduce the discharge of persistent pollutants according to pollution reduction goals adopted by applicants and submit updated discharge reduction plans with applications to renew a permit.

(5) The department shall incorporate a plan submitted pursuant to subsection (1) of this section by a municipal applicant into a new or renewed National Pollutant Discharge Elimination System or water pollution control facility permit issued to the applicant. [2007 c.696 §4]