(1) Upon completion of the public comment period for proposed recommendations under ORS § 543A.105 (1)(d), the Department of Environmental Quality shall evaluate the request for water quality certification submitted under ORS § 543A.100 in accordance with ORS § 468B.040 and rules adopted under ORS § 468B.040. The Director of the Department of Environmental Quality shall act in accordance with the proposed recommendations submitted by the Hydroelectric Application Review Team under ORS § 543A.105 (1)(d) unless the director finds, based upon public comment or new information, that the project would not comply with water quality standards adopted by the Environmental Quality Commission or would not be consistent with other appropriate requirements of state law. If the director’s proposed decision is not in accordance with the proposed recommendations submitted by the team under ORS § 543A.105 (1)(d), the director shall seek a recommendation from the team before issuing a final decision on water quality certification. The director shall consider any further recommendation from the team, and issue a final certification decision to the applicant and to the team.

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(2) As used in this section, ‘director’ means the Director of the Department of Environmental Quality. [1997 c.449 § 21a; 2001 c.369 § 5]