ODEQ’s Undertakings Clause Samples

ODEQ’s Undertakings. ODEQ agrees: a. Subject to consideration of public comment, with respect to issues that are within the scope of its 401 Certification authority but that are addressed through the PM&E Measures set forth in Sections 4 through 19 of this Agreement, that the PM&E Measures (or any modification of those measures pursuant to this Agreement) are appropriate for inclusion as certification conditions, and ODEQ will not require other measures to address these issues as a condition of 401 Certification. b. With respect to issues that are within the scope of its 401 Certification and TMDL authority but that are not addressed through the PM&E Measures, ODEQ will cooperate with PacifiCorp to develop 401 Certification conditions and TMDLs that comply fully with state and federal law and that, to the maximum extent feasible, are consistent with this Agreement and allow for the fullest possible use of the facility for the generation of electrical power while ensuring compliance with water quality standards and protecting designated uses for the term of the New License. Such 401 Certification conditions may include adaptive management-type conditions for specific water quality parameters, which will be developed by ODEQ and PacifiCorp during the 401 Certification and TMDL processes. Other 401 Certification conditions may be based on reservations typically included in 401 Certifications pursuant to ODEQ’s administrative rules and administrative practices for the purpose of modifying a 401 Certification if necessary in the future. If ODEQ includes the latter type of condition in the 401 Certification for this Project, ODEQ will reserve the ability to modify the 401 Certification only in the event of materially changed factual circumstances or facts not known or understood at the time of certification, or as a result of statutes or rules enacted or amended after the date of certification. PacifiCorp reserves its rights to contest any future modification of the 401 Certification under state law and at FERC and to withdraw from this Agreement, in accordance with Section 22.2 below. c. To work with PacifiCorp to identify with specificity what additional information is necessary for ODEQ to certify the Project. When this information is provided, ODEQ shall, among other things, consider an adaptive management approach to meeting temperature standards through “real time” flow adjustments. In addition, ODEQ will work with PacifiCorp and other sources within the North Umpqua Subbasin ...