340-040-0010 Definitions Terms not defined in this section have the meanings set forth in OAR 340-041-0006 unless otherwise noted. Unless otherwise required by context, as used in this division: (1) “Background Water Quality” means the quality of water immediately upgradient from a current or potential source of pollution that is unaffected by the source. (2) “Compliance Point(s)” means the point or points where groundwater quality parameters must be at or below the permit-specific concentration limits or the concentration limit variance. (3) “Concentration Limit” means the maximum acceptable concentration of a contaminant allowed in groundwater at a Department specified compliance point. (4) “Concentration Limit Variance” means a groundwater quality concentration limit which is granted by the Director or the EQC on a case-by-case basis as an alternative to a permit-specific concentration limit established under section (3) of OAR 340-040-0030. (5) “Contaminant” has the meaning set forth for “pollutant” as defined in OAR 340-045-0010(13), and means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewerage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged to water, and includes any pollutant or other characteristic element which may result in pollution of the waters of the State. (6) “Downgradient Detection Monitoring Point(s)” means the point or points at which groundwater quality is monitored to immediately determine whether a pollutant has been discharged to groundwater. The detection monitoring point is not necessarily the same as the compliance point. (7) “Existing Facility” means any facility or activity operating under a Department approved permit on or before the effective date of OAR 340-040-0030. Such facilities or activities shall include those facilities specifically exempted by statute from the permitting process. (8) “Guidance Level” means the contaminant concentration level used to evaluate the significance of a particular contaminant in groundwater. A guidance level generally indicates when the quality of groundwater may not be suitable for use as drinking water due to its aesthetic characteristics. (9) “Natural Water Quality” means the water quality that would exist as a result of conditions unaffected by human-caused pollution. (10) “New Facility” means a facility or activity authorized to operate under a Department approved permit for the first time after the effective date of OAR 340-040-0030. A new facility or activity includes changes in facility operation, disposal technique, or other alterations which justify new conditions to and necessitate major modifications of an existing permit. (11) “Non-permitted Activity” means an activity which is not regulated through a Department-approved permit which could result in or has resulted in groundwater pollution. Unless specifically exempted by statute, such activities shall include but not be limited to spills, releases and past practices which either are not subject to a permit or are subject to a permit but were not permitted at the time of the release. (12) “Nonpoint Sources” refers to diffuse or unconfined sources of pollution where contaminants can either enter into — or be conveyed by the movement of water to — public waters. (13) “Permitted Operation” means any facility or activity which emits, discharges, or disposes of wastes or otherwise operates in accordance with specified limitations set forth in a written permit issued by the Department. (14) “Point Source” means any confined or discrete source of pollution where contaminants can either enter into — or be conveyed by the movement of water to — public waters. (15) “Pollution” has the meaning set forth for “pollution” as defined in the Water Pollution Control Statute ORS 468.700(3) and means such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof. (16) “Reference Level” means the contaminant concentration level used to evaluate the significance of a particular contaminant in groundwater. A reference level generally indicates when groundwater may not be suitable for human consumption. (17) “Uppermost Aquifer” means the geologic formation, group of formations, or part of a formation that contains the uppermost potentiometric surface capable of yielding water to wells or springs, and may include fill material that is saturated. (18) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which will or may cause pollution or tend to cause pollution of any water of the state. (19) “Waste Management Area” means any area where waste, or material that could become waste if released to the environment, is located or has been located. Statutory/Other Authority: ORS 468 & 468B Statutes/Other Implemented: ORS 468.005, 468B.005 & 468B.150 History: DEQ 27-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029 DEQ 13-1984, f. & ef. 7-13-84 DEQ 24-1981, f. & ef. 9-8-81