justicedao/ipfs_state_laws huggingface dataset:
340-043-0070 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Purpose (1) This Division establishes criteria for the design, construction, operation and closure of chemical mining operations and supplements the provisions of OAR 340-043-0000 through 340-043-0060. These criteria are intended to establish the minimum level of environmental protection that is necessary using a combination of performance standards and minimum design criteria. Approval of alternative facilities or methods to achieve an equivalent or better environmental result is allowed as defined in OAR 340-043-0050. (2) Any disapproval of submitted plans or specifications, or imposition of requirements by the Department to improve existing facilities or their operation will be referenced when appropriate, to applicable guidelines or rules. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 & 468B.055 History: DEQ 40-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0080 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: General Provisions (1) Facilities permitted under either a WPCF or NPDES permit shall not discharge wastewater or process solutions to surface water, groundwater or soils, except as expressly allowed by the permit. (2) Facilities subject to these rules shall not be sited in 100-year floodplains or wetlands. A buffer zone (a minimum of 200 feet wide) shall be established between waste disposal facilities and surface waters. (3) All chemical conveyances (ditches, troughs, pipes, etc.) shall be equipped with secondary containment and leak detection means for preventing and detecting release of chemicals to surface water, groundwater or soils. (4) Acid water accumulation in open pits resulting from the mining operation must be prevented by appropriate mining practices, by measures taken in the closure process, or be treated to control pH and toxicity, for the life of the pit. (5) Construction of surface impoundment liner systems shall conform generally to the principles and practices described in EPA/600/2-88/052, Lining of Waste Containment and Other Impoundment Facilities, September 1988. (6) The Department may require the permittee to hire a third-party contractor to perform the functions set forth below. Selection of the contractor shall be subject to Department approval: (a) Review and evaluate the design and construction specifications of all mined-materials disposal facilities permitted under this Division for functional adequacy and conformance with Department requirements. The Department shall not approve construction of the disposal facilities until the design and construction specifications have been evaluated; (b) Monitor the course of construction of all mined-materials facilities for compliance with the approved design and construction specifications. The third-party contractor shall regularly document the progress of construction and the Department shall require the permittee to take corrective action if construction does not satisfactorily conform to the approved design and construction specifications; (c) Provide on-site inspections during ongoing operations, including but not limited to the loading of the heap, to assure protection of the integrity of the liner system and other environmental protection measures. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 & 468B.055 History: DEQ 41-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0090 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Control of Surface Water Run-On and Run-Off (1) Surface water run-on and run-off shall be controlled such that it will not endanger the facility or become contaminated by contact with process materials or loaded with sediment. The control systems shall be designed to accommodate a 100-year, 24-hour storm event, or any other defined climatic event that is more appropriate to the site, and be placed so as to allow for restoration of the natural drainage network, to the maximum extent practicable, upon facility closure. (2) All mined materials shall be properly placed and protected from surface water and precipitation so as not to be eroded and contribute sediment to site stormwater run-off or to otherwise contaminate surface water. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 History: DEQ 42-2018, minor correction filed 04/02/2018, effective 04/02/2018 DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0100 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Physical Stability of Retaining Structures and Emplaced Mine Materials (1) Permit applicants must demonstrate to the Department that the design of chemical processing facilities and waste disposal facilities is adequate to ensure the stability of all structural components of the facilities during operation, closure and post closure. (2) Retaining structures, foundations and mine materials emplacements shall be designed by a qualified, registered professional and be constructed for long-term stability under anticipated loading and seismic conditions. (3) Temporary structures and materials emplacements may, with written approval from the Department, be constructed to a lesser standard if it can be shown that they pose no, or minimal, threat to public safety or the environment. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0110 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Protection of Wildlife (1) Wildlife shall be positively excluded from contact with chemical processing solutions and wastewaters containing chemicals. (2) The Department may waive the positive exclusion requirement if the Oregon Department of Fish and Wildlife (ODF&W) certifies to the Department that the project is designed such that it will adequately protect wildlife. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 & 498.046 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0130 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Disposal of Mill Tailings (1) Mill tailings shall be treated by cyanide removal, reuse, or destruction prior to disposal to reduce the amount of cyanide introduced into the tailings pond to the lowest practicable level. The permittee shall conduct laboratory column tests on mill tailings to determine the lowest practicable concentration to which the WAD cyanide (weak-acid dissociable cyanide as measured by ASTM Method D2036-82 C) can be reduced. In no event, shall the permitted WAD cyanide concentration in the liquid fraction of the tailings be greater than 30 ppm. (2) The permittee shall determine the potential for acid-water formation from the tailings by means of acid-base accounting and other suitable laboratory static and dynamic tests. If acid formation can occur, basic materials shall be added to the tailings in the amount of three (3) times the acid formation potential or to give a net neutralization potential of at least 20 tons of CaCO3 per 1,000 tons of tailings, whichever is greater, before placing tailings in the disposal facility. (3) The disposal facility shall be lined with a composite double liner consisting of a flexible-membrane synthetic top liner in tight contact with an engineered, stable, soil/clay bottom liner (maximum coefficient of permeability of 10-7 cm/sec) having a minimum thickness of 36 inches. Construction of the liner shall generally follow the principles and practices contained in EPA/600/2-88/052, Lining of Waste Containment and Other Impoundment Facilities, September, 1988. (4) The disposal facility shall be provided with a leachate collection system above the liner suitable for monitoring, collecting and treating potential acid drainage. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 & 468B.160 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0140 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Disposal or Storage of Wasterock, Low-Grade Ore and Other Mined Materials The permittee shall determine the acid-producing and metals-release potential of the wasterock, low-grade ore or other mined materials by acid/base accounting and other appropriate static and dynamic laboratory tests. If the mined materials are shown to be potentially acid forming, or capable of releasing toxic metals, the permittee shall submit a plan for correction and disposal for Department approval prior to permanently placing the materials. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0150 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Heap-Leach and Tailings Disposal Facility Closure (1) The waste disposal facilities shall be closed under these rules in conjunction with the reclamation requirements of DOGAMI (Oregon Department of Geology and Mineral Industries). (2) An updated closure plan and post-closure monitoring and maintenance plan shall be submitted to the Department by the permittee at least 180 days prior to beginning closure operations or making any substantial changes to the operation. The closure plan must be compatible with DOGAMI’s reclamation plan and may be part of it. (3) Chemical conveyances (ditches, troughs, pipes, etc.) not necessary for post-closure monitoring shall be removed. The secondary containment systems shall be checked before closure for process-chemical contamination, and contaminated soil or other materials, if any, shall be removed to an acceptable disposal facility. (4) Closure of the heap-leach facility: (a) The heap shall be detoxified over a suitable period of time prior to closure, using rinse/rest cycles of rinsing and chemical oxidation, if necessary. The WAD cyanide concentration in the rinsate shall be no greater than 0.2 ppm; (b) Following detoxification as defined in subsection (a) of this section, the heap shall be closed in place on the pad by covering the heap with a cover designed to prevent water and air infiltration. The cover should consist, at a minimum, of a low-permeability layer and suitable drainage and soil layers to prevent erosion and damage by animals and to sustain vegetation growth, in accordance with DOGAMI’s reclamation rules; (c) The ponds associated with the heap shall be closed by folding in the synthetic liners and filling and contouring the pits with inert material. Residual sludge may be disposed of in one of the on-site waste disposal facilities, provided it meets the criteria for such wastes in these guidelines. The process chemical collection system of the heap shall be maintained in operative condition so that it can be used to monitor the amount and quality of infiltrated water, if any, draining from the heap. (5) The tailings disposal facility shall be closed by covering with a composite cover designed to prevent water and air infiltration and be environmentally stable for an indefinite period of time. Maximum effort shall be made to isolate the tailings from the environment. Construction of the cover shall generally follow the principles and practices contained in EPA/530-SW-89-047. Technical Guidance Document — Final Covers on Hazardous Waste Landfills and Surface Impoundments. [NOTE: View a PDF of EPA Guidance Document by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020 & 517.770 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0160 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Post-Closure Monitoring (1) The Department may continue its permit in force for thirty (30) years after closure of the operation and will include permit requirements for periodic monitoring to determine if release of pollutants is occurring. (2) Monitoring data will be reviewed regularly by the Department to determine the effectiveness of closure of the disposal facilities. The Department will consult with DOGAMI on release of security funds that would otherwise be needed to correct problems resulting from ineffective closure. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020, 468B.050 & 517.760 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0170 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Land Disposal of Wastewater (1) To qualify for land disposal of excess wastewater, the permit applicant shall demonstrate to the Department that the process has been designed to minimize the amount of excess wastewater that is produced, through use of water-efficient processes, wastewater treatment and reuse, and reduction by natural evaporation. Excess wastewater that must be released shall be treated and disposed of to land under the conditions specified in the permit. (2) A disposal plan shall be submitted as part of the permit application that, at a minimum, includes: (a) Wastewater quantity and quality characterization; (b) Soils characterization and suitability analysis; (c) Drainage and run-off characteristics of the site relative to land application of wastewater; (d) Proximity of the disposal site to groundwater and surface water and potential impact; (e) Wastewater application schedule and water balance; (f) Disposal site assimilative capacity determination; (g) Soils, surface water and groundwater monitoring plan; (h) Potential impact on wildlife or sensitive plant species. (3) The Department will evaluate the disposal plan and set site-specific permit conditions for the wastewater discharge. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020, 468B.030 & 468B.160 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-043-0180 Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Open-Pit Closure (1) Open pits that will be left as a result of the mining operation shall be assessed prior to, and following, mining operations for the potential to contaminate water to the extent that it might not meet water-quality standards due to buildup of acid or toxic metals. (2) If the Department finds that the potential for water accumulation in the pit(s) exists, the permit applicant shall submit a closure plan for the pit that will address contamination prevention and possible remedial treatment of the water. The closure plan shall, at a minimum, examine the following alternatives: (a) Avoidance, during mining, of acid-generating materials that can be left in place, rather than being exposed to oxidation and weathering; (b) Removal from the pit and disposal, during or after the mining operation, of residual acid-generating materials that would otherwise be left exposed to oxidation and weathering; (c) Protective capping in-situ of residual acid-generating materials; (d) Treatment methods for correcting acidity and toxicity of accumulated water; (e) Installation of an impermeable liner under ponded water to prevent groundwater contamination; (f) Backfilling of the pit(s) to the level necessary to, in conjunction with other appropriate control measures, prevent oxidation of residual acid-generating materials. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.020, 468B.030 & 468B.160 History: DEQ 23-1992, f. & cert. ef. 9-8-92
340-044-0010 Policy, Purpose and Effective Date (1) These rules set forth requirements for the State of Oregon Underground Injection Control (UIC) program adopted in conformance with Part C of the federal Safe Drinking Water Act (SDWA) in effect on the date of this rule adoption. It is the policy of the Environmental Quality Commission that the injection of wastes to the subsurface shall be limited and controlled in a manner that protects existing groundwater quality for current or potential beneficial uses including use as an underground source of drinking water. (2) The injection of untreated or inadequately treated sewage or wastes to waste disposal wells and particularly to waste disposal wells in the lava terrain of Central Oregon constitutes a threat of serious, detrimental and irreversible pollution of valuable groundwater resources and a threat to public health. The policy of the Environmental Quality Commission is to restrict, regulate or prohibit the further construction and use of waste disposal wells in Oregon and to phase out completely the use of waste disposal wells as a means of disposing of untreated or inadequately treated sewage or wastes as rapidly as possible in an orderly and planned manner. (3) These rules as adopted, amended and repealed by the Environmental Quality Commission on June 22, 2001 are effective on September 20, 2001. The rules previously in effect are effective and enforceable until September 20, 2001. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.607, 468B.015, 468B.080 & 468B.160 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01 DEQ 35-1979, f. & ef. 12-19-79 SA 41, f. 5-15-69
340-044-0012 Authorization of Underground Injection (1) Any underground injection activity, including the construction, modification, operation, or maintenance of any injection system, is prohibited unless it is: (a) Excluded from this regulation in OAR 340-044-0013; (b) Authorized by rule in OAR 340-044-0018 with inventory and registration information submitted to the Director; or (c) Authorized by a permit issued by the Director or authorized representative. (2) Permits shall not be issued for construction, maintenance or use of an underground injection system where any other treatment or disposal method that affords better protection of public health or water resources is reasonably available or possible. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.655, 468B.025, 468B.050, 468B.053 & 468B.160 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01
340-044-0013 Exclusions from Underground Injection Control Regulations The following injection activities are not covered by OAR 340-044: (1) Single family residential septic systems and cesspools; or non-residential septic systems and cesspools handling only human sanitary wastes and designed to serve less than 20 people per day or with a design flow of less than 2,500 gallons per day. Such systems are still subject to the requirements of OAR 340-071. This exclusion does not apply to sewage drain holes or drill holes. (2) Injection for the purpose of storing hydrocarbons that are gases at standard pressure and temperature. (3) Any dug, blasted or drilled hole or bored shaft that is not used for the subsurface emplacement of fluids. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.655, 468B.025, 468B.050, 468B.053 & 468B.160 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01
340-044-0014 Prohibition of Groundwater Contamination (1) No person shall construct, operate, maintain, convert, plug or abandon any injection system or conduct any injection activity that allows the direct or indirect movement of fluids containing contaminants into groundwater if the presence of that contaminant may cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act, or fails to comply with groundwater quality protection requirements specified in OAR 340-040. The person owning or operating an injection system shall have the burden of showing that these requirements are met. (2) If an injection activity has the potential to cause or causes a violation of primary drinking water regulations, adversely impacts groundwater quality or otherwise adversely affects human health or the environment, the owner or operator of the injection system shall: (a) Take all appropriate action including closure of the injection system if necessary to prevent the violation; (b) Apply for and obtain a permit if the injection activity was previously authorized by rule; and (c) Be subject to enforcement action if appropriate. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 468.090-140, 468.943, 468B.155 & 468B.160 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01
340-044-0017 Repairs of Existing Sewage Drain Holes or Sewage Drill Holes (1) No person shall repair or attempt to repair a plugged or otherwise failing sewage drain hole or sewage drill hole unless a repair permit is issued according to the terms and conditions in OAR 340-071-0215. (2) A repair permit issued by the Director shall specify the method to be used for sewage treatment, disposal and drain hole repair. Deepening or repair of a sewage drain hole shall be approved only if the Director determines that no other on-site or off-site option for sewage treatment and disposal is feasible. Deepening the sewage drain hole shall be limited to a maximum depth of 100 feet, and the drain hole shall terminate at least 100 feet above groundwater. (3) Any other requirement specified by the Director to protect groundwater from contamination shall be met. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.655, 468B.025, 468B.050 & 468B.155 History: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01 DEQ 15-1983, f. & ef. 8-26-83 DEQ 35-1979, f. & ef. 12-19-79
340-044-0035 Authorization by Permit (1) No person shall construct, place in operation or operate any allowable underground injection system without first obtaining a permit from the Director or an authorized representative unless the system is excluded by OAR 340-044-0013 or is authorized by rule according to OAR 340-044-0018. (2) Permits shall not be issued for construction, maintenance or use of an underground injection system where any other treatment or disposal method that affords better protection of public health or water quality is reasonably available or possible. (3) In no case shall a permit to construct or operate an injection system be issued if the injection activity will cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act or does not comply with the groundwater protection requirements of OAR 340-040. (4) Permits for construction or use of underground injection systems shall be developed in accordance with OAR 340-045, 340-040 and 340-071; 690-230 for low-temperature geothermal wells, OAR 690-350 for aquifer storage and recovery wells, OAR 632-010 for oil and gas wells or 632-020 for geothermal wells as appropriate; and any other applicable state rule. Permits for aquifer storage and recovery wells shall be issued by the Oregon Water Resources Department. (5) Permits shall be developed in conformance with applicable federal laws including the Wild and Scenic Rivers Act, the National Historic Preservation Act of 1966, the Endangered Species Act, the Coastal Zone Management Act, the Fish and Wildlife Coordination Act, and other Executive orders. Statutory/Other Authority: ORS 454.625, 468.020, 468B.020 & 468B.165 Statutes/Other Implemented: ORS 454.655, 468B.025, 468B.050 & 468B.165 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01 DEQ 15-1983, f. & ef. 8-26-83 SA 41, f. 5-15-69