Oregon DEQ adopted statewide industrial noise standards under OAR 340-035-0035, setting maximum allowable decibel limits for new and existing industrial sources. While DEQ enforcement was defunded in 1991, the rules remain on the books and are referenced statewide.
OAR 340-035-0035 establishes maximum permissible noise levels for industrial and commercial noise sources, generally 55 dBA daytime and 50 dBA nighttime at noise-sensitive properties. Authority comes from ORS 467.030. The Department of Environmental Quality stopped active enforcement in 1991 due to budget cuts, but the standards remain enforceable through citizen suits and as reference standards in local nuisance cases. Many cities incorporate the OAR limits by reference. Land Use Board of Appeals decisions still apply DEQ standards in siting reviews. Industrial sources should treat the standards as binding for permitting purposes.
Civil penalties up to $10,000 per day under ORS 468.140 if DEQ enforces; private nuisance actions and LUBA appeals remain available.
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