justicedao/ipfs_state_laws huggingface dataset:
340-040-0100 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Statement of Purpose (1) The rules within this division establish the methods and criteria the Environmental Quality Commission shall apply to adopt maximum measurable levels (MMLs) of contaminants in groundwater, resulting from actual or suspected nonpoint sources or activities. These MMLs will be used to designate groundwater management areas. (2) The maximum measurable levels of contaminants adopted by the Commission using these rules are protective of public health and the environment and existing and future beneficial uses of the groundwater which the natural groundwater quality allows. (3) The maximum measurable levels established by these rules are not designed to be used as drinking water standards or as clean-up standards for remedial actions, but to initiate the process of designating groundwater management areas where necessary to preserve groundwater quality. Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137 Statutes/Other Implemented: ORS 468.020 & 468.035 History: DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0105 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Definitions Unless otherwise defined in OAR 340-041-0006 or 340-040-0010, the following terms used in this division shall mean: (1) “Carcinogen”: A compound which the United States Environmental Protection Agency has classified as Group A or Group B under the carcinogenic classification procedures described in 51 Fed. Reg. 33992. (2) “Confirmed or Confirmation”: A second laboratory quantitatively detects the presence of the contaminant or substance of concern in groundwater by an established sampling, preservation, and analytical technique in a laboratory using established quality assurance and quality control procedures, such as indicated in 40 CFR 136 or the Standard Methods for Examination of Water and Waste Water (Latest Edition). (3) “Contaminant”: Any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in groundwater or that occurs naturally but at a lower concentration. ORS 468.691. (4) “Detect, Detectable, Detection or Detected”: To measure a contaminant by an established sampling, preservation, and analytical technique in a laboratory using established quality assurance and quality control procedures, such as indicated in 40 CFR 136 or the Standard Methods for Examination of Water and Waste Water (Latest Edition). (5) “Environment”: The aggregate of things or conditions affecting the existence, reproduction, growth and development of living organisms, plus the living organisms themselves. The concept shall be interpreted broadly to mean “all aspects of an ecosystem, other than humans.” (6) “Federal Standard”: A maximum contaminant level, a national primary drinking water regulation or an interim drinking water regulation adopted by the Administrator of the United States Environmental Protection Agency (“EPA”) pursuant to the federal Safe Drinking Water Act. ORS 536.137. (7) “Maximum Measurable Level”: The maximum allowable concentration of a contaminant or substance of concern that is established by the Commission in accord with these rules, to be used by the Department to initiate the process of designating “Groundwater Management Areas” within the state of Oregon where necessary to preserve groundwater quality. ORS 468.691. (8) “Protect Public Health and the Environment”: To keep humans and the environment from unreasonable present or future exposure to adverse risk, effect or harm, excluding economic concerns. (9) “Substance of Concern”: A contaminant confirmed in groundwater in Oregon as a result of actual or suspected nonpoint source activities. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137 Statutes/Other Implemented: ORS 468.005, 468B.005 & 468B.150 History: DEQ 33-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0110 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Substances Regulated Under These Rules (1) The Department shall, pursuant to the procedures adopted in accord with OAR 340-040-0125, et seq., propose to the Commission that it adopt a maximum measurable level for each substance of concern. (2) The Department may, pursuant to the procedures adopted in accord with OAR 340-040-0125, et seq., propose to the Commission that it adopt a maximum measurable level for any contaminant that: (a) Is used or has the potential for use in Oregon; and (b) Has the potential to enter groundwater at least partially from one or more nonpoint sources; and (c) May adversely affect public health or the environment. Statutory/Other Authority: ORS 183.335(7), 468.015 & 536.137 Statutes/Other Implemented: ORS 468B.155, 468B.165, 468B.166 & 468B.168 History: DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0120 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Notice of Intent to Propose Contaminants for Adoption of a Maximum Measurable Level (1) Notwithstanding any other requirement established by law, the Department shall also notify the public of its intent to consider adoption of a maximum measurable level for a contaminant or substance of concern by mailing, first class, postage prepaid, a single page notice to those interested parties who have previously filed written requests to the Department that they be placed on the Department’s mailing list for groundwater issues. The Department will have complied with section (1) of this rule when it mails the notice to its current interested parties mailing list. It shall be the responsibility of the interested parties to maintain their status on that mailing list. (2) The notice shall identify the contaminant under consideration and the current federal standard for that contaminant, if any, and shall state the last date by which interested parties may submit to the Department relevant information regarding that contaminant, which date shall not be less than forty-five (45) days after the date of mailing the notice. (3) The Department may consider submitted information but need not specifically acknowledge, respond to or address this information in development of its initial proposed maximum measurable levels. Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137 Statutes/Other Implemented: ORS 468B.155, 468B.165, 468B.166 & 468B.167 History: DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0130 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Human Health and Environmental Advisories (1) The Department shall provide Human Health and Environmental Advisories for each substance of concern and contaminant to be regulated under OAR 340-040-0110. This advisory shall generally follow a standardized format, and shall include, but not be limited to the following information, if known, for the substance of concern or contaminant: (a) The common and technical name; CAS number; chemical identity; and synonyms; (b) How it is released to the environment; how it occurs naturally; and its fate in the environment, with particular reference to groundwater quality; (c) The occurrence, or potential for occurrence in groundwater in Oregon; (d) Means of human exposure; fate of the chemical in humans and the human health effects; (e) The environmental effects, including both aquatic and terrestrial organisms; (f) The maximum measurable level established, if any, and the basis for its establishment; (g) How to obtain testing; (h) Brief summary of how to initiate the process of establishing a groundwater area of concern, or groundwater management area; (i) Other information, including but not limited to, reference to the Department’s staff report upon which the maximum measurable level was proposed; means of treating contaminated water; and reference to various agencies with information relating to groundwater quality. (2) A draft of each Human Health and Environmental Advisory shall be submitted with the DEQ staff report when the proposed maximum measurable level is authorized for public hearing. (3) The public shall be allowed to comment on the advisory in the public hearing process. The Department will modify the draft advisory, if appropriate, to reflect the public comments. Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137 Statutes/Other Implemented: ORS 468B.155, 468B.165, 468B.166 & 468B.167 History: DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0135 Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Modification to the Maximum Measurable Level (1) The Department shall follow its established schedule for periodic review of all of its rules to determine that all current maximum measurable levels duly adopted by the Commission remain appropriate. (2) If a maximum measurable level is based on a federal standard and that standard is duly modified by the authorized federal agency, the Department shall reevaluate the Commission’s adopted maximum measurable level in conjunction with the Department’s tri-annual review of water quality standards or before, if the Department considers it necessary to do so. The Department may, after that re-evaluation, either propose to take no action or propose a change to the maximum measurable level, pursuant to these rules. (3) The Department may, at any time pertinent scientifically valid information becomes available, propose a change to a maximum measurable level or propose a new maximum measurable level for any substance of concern or contaminant pursuant to the procedures set forth in these rules. (4) The Department may, at any time pertinent scientifically valid information on degradates or metabolites of a parent compound, or interactions thereof, becomes available, propose a change to an existing maximum measurable level or propose a new maximum measurable level for any substance of concern or contaminant pursuant to the procedures set forth in these rules. Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137 Statutes/Other Implemented: ORS 468B.155, 468B.165, 468B.166 & 468B.167 History: DEQ 1-1991, f. & cert. ef. 2-11-91
340-040-0140 Wellhead Protection: Statement of Purpose (1) Meet Federal Requirements — The intent of these rules is to fulfill the Federal requirements under the Safe Drinking Water Act for the establishment of a state Wellhead Protection Program. (2) Protect Public Water Systems — The purpose of a Wellhead Protection Plan is to protect the groundwater relied upon by a public water system from contamination. This is accomplished by reducing the risk of contamination to the groundwater from potential contaminant sources. (3) Establish Voluntary Wellhead Protection Program — Local jurisdictions and/or public water systems may voluntarily develop a Wellhead Protection Plan, but are not required, by these rules, to do so. (4) Procedures for State Approval — These rules establish a process to enable the Department to certify a local Wellhead Protection Plan, if it is submitted for certification, and to establish the process for a Responsible Management Authority, if they choose, to seek certification from the Department for a locally developed Wellhead Protection Plan. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 1-1996, f. & cert. ef. 1-18-96
340-040-0160 Wellhead Protection: General Policies (1) It is the policy of the state to promote the protection of the quality of the groundwater resource from contamination by encouraging public water systems and/or governmental entities to voluntarily develop local Wellhead Protection Plans to protect the groundwater resources which a Public Water System relies upon for its drinking water. (2) A certified Wellhead Protection Plan will be recognized as meeting the Wellhead Protection requirements under the Federal Safe Drinking Water Act (1986), Section 1428 (42 USC 300F to 300J–26). (3) The Department will coordinate and work cooperatively with the Health Division, Department of Agriculture, Water Resources Department, Department of Land Conservation and Development, and other governmental entities to promote the voluntary development of Wellhead Protection Plans. (4) Other state rules may apply and may or may not pertain to the delineated Wellhead Protection Area, including but not limited to the rules of those agencies listed in section (3) of this rule. (5) The Department will, within available resources, provide information and technical assistance to local Wellhead Protection Teams and other interested parties in the development of their Wellhead Protection Plans. (6) All Responsible Management Authorities who have jurisdiction within a Wellhead Protection Area are encouraged to work together to develop a Plan to manage those activities that may have the potential to contaminate groundwater within that Wellhead Protection Area. (7) Implementation of a Wellhead Protection Plan shall rely upon existing enforcement capabilities of the Responsible Management Authorities within the delineated Wellhead Protection Area. Nothing in these rules will modify or change existing authorities or requirements put in place through other statutes or rules. (8) The Department shall maintain guidance material to assist Responsible Management Authorities and Wellhead Protection Teams in the development of a state certifiable Wellhead Protection Plan. This material is intended solely to provide information and assistance in identifying strategies for developing a Wellhead Protection Plan. The guidance material provides examples of how a protection plan could be developed to meet the requirements of these rules to gain Department certification as a Wellhead Protection Plan. It does not contain mandatory standards or other legal requirements nor does it include binding statements or interpretations of law or agency policy. [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 1-1996, f. & cert. ef. 1-18-96
340-040-0180 Wellhead Protection: Certification Procedure (1) For a Wellhead Protection Plan to be certified by the Department, the Plan must meet requirements specified in OAR 340-040-0170. (2) The Department shall act as the contact point for development and approval of Wellhead Protection Plans. The Department shall coordinate with other governmental entities so that the Plan is consistent with the requirements of those govern-mental entities before Department certification of the Plan is granted. (3) The Health Division shall be responsible for certifying the delineation, and reviewing contingency plans and the new wells elements of the Plan as provided for under OAR 333-061-0020 through 333-061-0065. The Department shall accept the Health Division’s recommendations and certification. (4) After consultation with the Department of Agriculture on agricultural issues, the Department of Land Conservation and Development on land use issues, the Health Division, and other governmental entities as appropriate, the Department shall be responsible for reviewing the remaining elements and giving the overall certification for each local Wellhead Protection Plan if each element is found to be adequately addressed. (5) Within 60 days of the receipt of a request for certification of a Wellhead Protection Plan, the Department will send a written acknowledgment of receipt of the request and an estimated date for Department review and certification of the Plan. (6) After certification of the plan, the Department will provide a written certification of completion to all signatories to the Plan. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 1-1996, f. & cert. ef. 1-18-96
340-040-0190 Wellhead Protection: Update Procedure (1) A Wellhead Protection Plan must be recertified every five years from the date of prior Department certification. (2) Recertification of the present Plan can take place if all the following conditions apply: (a) No conditions that could potentially modify the boundaries of the Wellhead Protection Area have occurred; (b) An updated inventory is completed and submitted which shows that no new potential sources of contamination have moved into the Wellhead Protection Area which are not addressed in the existing Plan; (c) The management practices outlined in the existing Plan are still appropriate and being implemented; (d) The existing contingency element in the Plan is still relevant; and (e) All signatories to the existing Plan agree to recertify the Plan by signing the recertification request letter. (3) If a certified Plan cannot meet the conditions under section (2) of this rule, then a revised Wellhead Protection Plan must be resubmitted for certification. A revised plan shall require: (a) Form a Team to develop the Plan. The Team can either be a new group formed for the specific purpose of developing a Plan or it can be an existing group that is assigned the additional duty of developing a Plan; (b) Identify the elements under OAR 340-040-0170 where the Plan is no longer adequate or relevant; (c) Modify the Plan in those areas identified in subsection (b) of this section to meet conditions outlined in OAR 340-040-0170 and 340-040-0180; (d) Perform and submit a new potential source inventory; and (e) Submit to the Department for review and certification per OAR 340-040-0180. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 1-1996, f. & cert. ef. 1-18-96
340-040-0200 Wellhead Protection: Decertification Procedure (1) If the signatories to a Wellhead Protection Plan do not recertify or submit for recertification their previously certified Wellhead Protection Plan, then the Plan is automatically decertified until such time as the signatories of the Plan recertify the Plan through the update procedure per OAR 340-040-0190. (2) Any Responsible Management Authority that is a signatory to a certified Plan shall have the ability to withdraw from participation in a Wellhead Protection Plan and the certification process. The Department shall review the plan to determine if the plan is still certifiable without the participation of the withdrawing Responsible Management Authority. (3) A plan can also be decertified by the Department if it comes to the Department’s attention that a signatory to a plan is not or has not adhered to and implemented the certified Plan. (4) To decertify a Wellhead Protection Plan, the Department will send a certified letter to all signatories to the Plan detailing the reason(s) why the Department believes the certified Plan is or was not being followed or is no longer valid and the Department’s intent to decertify the Plan: (a) The signatories to the Plan will have 30 days to respond as to why their Plan should not be decertified; (b) The Department will review the signatories response and make a determination as to whether the Plan is still certifiable; (c) The Department will then send a copy of its decision to all signatories of the Plan. (5) The Department will afford the remaining signatories the opportunity to maintain the certification, provided withdrawal by a Responsible Management Authority does not render the Plan uncertifiable, by notifying the Department and all other Responsible Management Authorities within the Wellhead Protection Area that they will continue to implement the plan as certified in their respective jurisdictions. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 1-1996, f. & cert. ef. 1-18-96
340-040-0210 Wellhead Protection: Appeal Procedure Final Department decisions regarding certification, recertification, or decertification are not subject to contested case hearing rights but are reviewable under ORS 183.484. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468 & 468B History: DEQ 1-1996, f. & cert. ef. 1-18-96
340-041-0001 Preface (1) The rules that follow, together with the applicable laws of the State of Oregon and the applicable regulations of the Environmental Quality Commission (the Commission), set forth Oregon’s plans for management of the quality of public waters within the State of Oregon. (2) Under this plan, the Department of Environmental Quality will continue to manage water quality by evaluating discharges and activities, whether existing or a new proposal, on a case-by-case basis, based on best information currently available and within the limiting framework of minimum standards, treatment criteria and policies which are set forth in the plan. (3) The Commission recognizes that the deadlines for adoption of this plan prevented thorough involvement by local government in the development and review of the plan. Accordingly, the Department will review the contents of this plan with affected local governments and will use their comments and suggestions in preparing amendments for consideration by the Commission not later than December, 1977. At a minimum, the processes of coordination with local governments will consist of the following elements: (a) Work with county coordinators to set up meetings to explain the plan to groups of local governments and solicit their comments; (b) Provide copies of the plan and supporting documents to any affected local governments who have not already received them; (c) Seek input from councils of governments; (d) Upon request, visit local level governments to discuss the plan; (e) Work with Statewide associations of local governments and others to inform local governments of the plan. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.015, 468.035 & 468B.015 History: DEQ 17-2003, f. & cert ef. 12-9-03 DEQ 128, f. & ef. 1-21-77
340-041-0011 Biocriteria Waters of the State must be of sufficient quality to support aquatic species without detrimental changes in the resident biological communities. Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048 Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048 History: Renumbered from 340-041-0027 by DEQ 17-2003, f. & cert. ef. 12-9-03 DEQ 14-1991, f. & cert. ef. 8-13-91