reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0005 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
In the interest of public health and welfare, and in accordance
				withORS 467.010, it is declared to be the public policy of the State of
				Oregon:
(1) To provide a coordinated
			 state-wide program of noise control to protect the health, safety, and welfare
			 of Oregon citizens from the hazards and deterioration of the quality of life
			 imposed by excessive noise emissions;
(2) To facilitate cooperation among units of
			 state and local governments in establishing and supporting noise control
			 programs consistent with the state program and to encourage the enforcement of
			 viable local noise control regulations by the appropriate local
			 jurisdiction;
(3) To develop a
			 program for the control of excessive noise sources which shall be undertaken in
			 a progressive manner, and each of its objectives shall be accomplished by
			 cooperation among all parties concerned.
Stat. Auth.:ORS 467
Stats. Implemented:ORS
				  467.010
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0010 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon written
			 request from the owner or controller of a noise source, the Department may
			 authorize exceptions as specifically listed in these rules.
(2) In establishing exceptions, the
			 Department shall consider the protection of health, safety, and welfare of
			 Oregon citizens as well as the feasibility and cost of noise abatement; the
			 past, present, and future patterns of land use; the relative timing of land use
			 changes; and other legal constraints. For those exceptions which it authorizes
			 the Department shall specify the times during which the noise rules can be
			 exceeded and the quantity and quality of the noise generated, and when
			 appropriate shall specify the increments of progress of the noise source toward
			 meeting the noise rules.
Stat. Auth.:ORS 467
Stats. Implemented:ORS
				  467.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0025 - Noise Control Regulations for the Sale of New Motor Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standards and
			 Regulations:
(a) No person shall sell or
			 offer for sale any new motor vehicle designated in this rule which produces a
			 propulsion noise exceeding the noise limits specified in Table 1, except as
			 otherwise provided in these rules. [Table not included. See ED.
			 NOTE.]
(b) Subsequent to the
			 adoption of a Federal Environmental Protection Agency procedure to determine
			 sound levels of passenger cars and light trucks, or a nationally accepted
			 procedure for these vehicles not similar to those specified and approved under
			 subsection (2)(a) of this rule, the Department shall conduct an evaluation
			 under such new procedure.
(c) After
			 an appropriate evaluation of noise emission data measured under the procedure
			 specified under subsection (1)(b) of this rule, the Department shall make
			 recommendations to the Commission on the adequacy of the procedure and the
			 necessity of amendments to this rule for incorporation of the procedure and
			 associated standards.
(d) No person
			 shall sell or offer to sell any new motorcycle, new motorcycle exhaust system
			 or new motorcycle exhaust system component manufactured after January 1, 1983
			 unless the motorcycle, exhaust system, or exhaust component is properly labeled
			 or marked in accordance with federal noise regulations specified in Part 205
			 Subpart E of Title 40 of the Code of Federal Regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0030 - Noise Control Regulations for In-Use Motor Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standards and Regulations:
(a) Road Vehicles:
(A) No person shall operate any road vehicle
			 which exceeds the noise level limits specified in Table 2 or in such a manner
			 to exceed the noise level limits specified in Table 3, except as otherwise
			 provided in these rules.
(B) No
			 person shall operate a road vehicle with any of the following defects:
(i) No muffler;
(ii) Leaks in the exhaust system;
(iii) Pinched outlet pipe.
(C) Non-conforming "classic" and
			 other "special interest" vehicles may be granted an exception to this rule,
			 pursuant to OAR 340-035-0010, for the purpose of maintaining authentic
			 equipment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0040 - Noise Control Regulations for Motor Sports Vehicles and Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Statement of
			 Purpose:
(a) The Commission finds that the
			 periodic noise pollution caused by Oregon motor sports activities threatens the
			 environment of citizens residing in the vicinity of motor sports facilities. To
			 mitigate motor sports noise impacts, a coordinated statewide program is
			 desirable to ensure that effective noise abatement programs are developed and
			 implemented where needed. This abatement program includes measures to limit the
			 creation of new noise impacts and the reduction of existing noise impacts to
			 the extent necessary and practicable;
(b) Since the Commission also recognizes the
			 need of Oregon's citizens to participate in recreational activities of their
			 choice, these rules balance those citizen needs which may conflict when motor
			 sports facilities are in operation. Therefore, a policy of continuing
			 participation in standards development through the active cooperation of
			 interested parties is adopted. The choice of these parties is to limit the
			 noise emission levels of racing and recreational vehicles, to designate
			 equipment requirements, and to establish appropriate hours of operation. It is
			 anticipated that safety factors, limited technology, special circumstances, and
			 special events may require exceptions to these rules in some instances;
			 therefore, a mechanism to accommodate this necessity is included in this
			 rule;
(c) This rule is designed to
			 encourage the motor sports facility owner, the vehicle operator, and government
			 to cooperate to limit and diminish noise and its impacts. These ends can be
			 accomplished by encouraging compatible land uses and controlling and reducing
			 the racing vehicle noise impacts on communities in the vicinity of motor sports
			 facilities to acceptable levels;
(d) This rule is enforceable by the
			 Department and civil penalties ranging from a minimum of $25 to a maximum of
			 $500 may be assessed for each violation. The motor sports facility owner, the
			 racing vehicle owner and the racing vehicle driver are held responsible for
			 compliance with provisions of this rule. A schedule of civil penalties for
			 noise control may be found under OAR 340-012-0052.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0045 - Noise Control Regulations for Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Statement of Purpose:
(a) The Commission finds that noise pollution
			 caused by Oregon airports threatens the public health and welfare of citizens
			 residing in the vicinity of airports. To mitigate airport noise impacts a
			 coordinated statewide program is desirable to ensure that effective Airport
			 Noise Abatement Programs are developed and implemented where needed. An
			 abatement program includes measures to prevent the creation of new noise
			 impacts or the expansion of existing noise impacts to the extent necessary and
			 practicable. Each abatement program will primarily focus on airport operational
			 measures to prevent increased, and to lessen existing, noise levels. The
			 program will also analyze the effects of aircraft noise emission regulations
			 and land use controls;
(b) The
			 principal goal of an airport proprietor who may be required to develop an
			 Airport Noise Abatement program under this rule should be to reduce noise
			 impacts caused by aircraft operations, and to address in an appropriate manner
			 the conflicts which occur within the higher noise contours;
(c) The Airport Noise Criterion is
			 established to define a perimeter for study and for noise sensitive use
			 planning purposes. It is recognized that some or many means of addressing
			 aircraft/airport noise at the Airport Noise Criterion Level may be beyond the
			 control of the airport proprietor. It is therefore necessary that abatement
			 programs be developed, whenever possible, with the cooperation of federal,
			 state and local governments to ensure that all potential noise abatement
			 measures are fully evaluated;
(d)
			 This rule is designed to encourage the airport proprietor, aircraft operator,
			 and government at all levels to cooperate to prevent and diminish noise and its
			 impacts. These ends may be accomplished by encouraging compatible land uses and
			 controlling and reducing the airport/aircraft noise impacts on communities in
			 the vicinity of airports to acceptable levels.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0100 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conditions for
			 Granting. The Commission may grant specific variances from the particular
			 requirements of any rule, regulation, or order to such specific persons or
			 class of persons or such specific noise source upon such conditions as it may
			 deem necessary to protect the public health and welfare, if it finds that
			 strict compliance with such rule, regulation, or order is inappropriate because
			 of conditions beyond the control of the persons granted such variance or
			 because of special circumstances which would render strict compliance
			 unreasonable, or impractical due to special physical conditions or cause, or
			 because strict compliance would result in substantial curtailment or closing
			 down of a business, plant, or operation, or because no other alternative
			 facility or method of handling is yet available. Such variances may be limited
			 in time.
(2) Procedure for
			 Requesting. Any person requesting a variance shall make his request in writing
			 to the Department for consideration by the Commission and shall state in a
			 concise manner the facts to show cause why such variance should be
			 granted.
(3) Revocation or
			 Modification. A variance granted may be revoked or modified by the Commission
			 after a public hearing held upon not less than 20 days notice. Such notice
			 shall be served upon the holder of the variance by certified mail and all
			 persons who have filed with the Commission a written request for such
			 notification.
Stat. Auth.:ORS 467
Stats. Implemented:ORS
				  467.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0110 - Suspension of Commission and Department Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
In 1991, the Legislative Assembly withdrew all funding for
				implementing and administering ORS Chapter 467 and the Department's noise
				program. Accordingly, the Commission and the Department have suspended
				administration of the noise program, including but not limited to processing
				requests for exceptions and variances, reviewing plans, issuing certifications,
				forming advisory committees, and responding to complaints. Similarly, the
				public's obligations to submit plans or certifications to the Department are
				suspended.
Stat. Auth.: ORS 467
Stats. Implemented: ORS
				  467
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0001 - Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
			 This rule implements ORS
			 468B.555 to allow entities
			 regulated under the Clean Water Act to meet pollution control requirements
			 through water quality trading. This rule establishes the requirements for water
			 quality trading in Oregon.
(2)
			 Policy. The Oregon Department of Environmental Quality may approve water
			 quality trading only if it promotes one or more of the following Environmental
			 Quality Commission policies:
(a) Achieves
			 pollutant reductions and progress towards meeting water quality standards;
(b) Reduces the cost of
			 implementing Total Maximum Daily Loads (TMDLs);
(c) Establishes incentives for voluntary
			 pollutant reductions from point and nonpoint sources within a watershed;
(d) Offsets new or increased
			 discharges resulting from growth;
(e) Secures long-term improvement in water
			 quality; or
(f) Results in
			 demonstrable benefits to water quality or designated uses the water quality
			 standards are intended to protect.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0003 - Water Quality Trading Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
Water quality trading authorized under this rule must:
(1) Be consistent with anti-degradation
			 policies;
(2) Not cause or
			 contribute to an exceedance of water quality standards;
(3) Be consistent with local, state, and
			 federal water quality laws;
(4) Be
			 designed to result in a net reduction of pollutants from participating sources
			 in the trading area;
(5) Be
			 designed to assist the state in attaining or maintaining water quality
			 standards;
(6) Be designed to
			 assist in implementing TMDLs when applicable;
(7) Be based on transparent and practical
			 Best Management Practices (BMPs) quality standards to ensure that water quality
			 benefits and credits are generated as planned; and
(8) Not create localized adverse impacts on
			 water quality and existing and designated beneficial uses.
Stat. Auth.: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035,
				  468B.555
Stats. Implemented: ORS
				  468B.555
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An entity
			 regulated by a National Pollutant Discharge Elimination System (NPDES) permit
			 or a federal permit or license for which DEQ has issued a water quality
			 certification pursuant to Clean Water Act section 401 and OAR chapter 340,
			 division 048 (a "401 water quality certification") is eligible to enter into a
			 trade.
(2) Water quality
			 parameters eligible for water quality trading:
(a) DEQ may authorize water quality trading
			 for the following water quality parameters: temperature, ammonia, sediment,
			 total suspended solids, and nutrients and other oxygen-demanding substances,
			 including biochemical oxygen demand.
(b) Water quality trading for pollutants that
			 are toxic and either persist in the environment or accumulate in the tissues of
			 humans, fish, wildlife or plants is prohibited, except if trading is an element
			 of a pollution reduction plan in a variance that has been issued by DEQ or the
			 EQC and approved by EPA pursuant to OAR 340-041-0059.
(c) Water quality trading authorized under
			 this division may not be used to meet technology-based effluent limitations.
(d) DEQ may authorize trading for
			 other water quality parameters on a case-by-case basis provided it does not
			 cause or contribute to an exceedance of a water quality standard.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0017 - Regulatory Mechanisms for Water Quality Trading

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NPDES Permitting:
(a) Trading in Permits: DEQ may authorize
			 water quality trading in an NPDES permit to meet water quality-based effluent
			 requirements.
(b) Compliance
			 Schedules. Water quality trading may be included in an NPDES permit compliance
			 schedule only if the trade is consistent with the requirements of OAR
			 340-041-0061  and any applicable regulations of the EPA.
(c) Permit Variances. Water quality trading
			 may be included as a component of the pollution reduction plan in a variance
			 issued under OAR 340-041-0059.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0020 - Trading Frameworks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 may establish one or more trading frameworks in a TMDL water quality management
			 plan or water pollution control plan adopted by rule or issued by order under
			 ORS 468B.015 or ORS
			 468B.110. If established, a
			 trading framework must specify pollutants that are eligible for trading, the
			 trading area, any priority areas, as well as regulations and applicable TMDL
			 allocations and implementation schedules that will be used to derive trading
			 baseline.
(2) DEQ must provide an
			 opportunity for public notice and comment before issuing a trading framework.
(3) A trading framework is not
			 required in order for DEQ to approve a water quality trading plan.
Stat. Auth.: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035,
				  468B.555
Stats. Implemented: ORS
				  468B.555
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0030 - Requirements for Trading Baselines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Trading baseline must account for the
			 following regulatory requirements applicable to the trading project at the time
			 of trading project initiation:
(a) NPDES
			 permit requirements;
(b) Rules the
			 Oregon Department of Agriculture issued for an agricultural water quality
			 management area under OAR chapter 603 division 095;
(c) Rules the Oregon Board of Forestry issues
			 under OAR chapter 629 divisions 610-680;
(d) Requirements of a federal land management
			 plan, or an agreement between a federal agency and the state;
(e) Requirements established in a Clean Water
			 Act Section 401 water quality certification;
(f) Local ordinances;
(g) Tribal laws, rules, or permits;
(h) Other applicable rules
			 affecting nonpoint source requirements;
(i) Projects completed as part of
			 compensatory mitigation, or projects required under a permit or approval issued
			 under Clean Water Act section 404, or a supplemental environmental project used
			 to settle a civil penalty imposed under OAR chapter 340 division 012 or the
			 Clean Water Act; and
(j)
			 Regulatory requirements a designated management agency establishes to comply
			 with a DEQ-issued TMDL, water quality management plan or another water
			 pollution control plan adopted by rule or issued by order under ORS
			 468B.015 or
			 468B.110.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0035 - Requirements for Trading Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 DEQ may establish trading areas in trading frameworks.
(2) All trading areas must be consistent with
			 any applicable TMDL water quality management plan, independent state water
			 quality management plans, or trading framework.
Stat. Auth.: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035,
				  468B.555
Stats. Implemented: ORS
				  468B.555
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0040 - Requirements for Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Credits used for compliance with NPDES permit and 401 water quality
			 certification requirements must be generated within the trading area of an
			 approved trading plan.
(2) A
			 credit may not be used to meet a regulatory obligation by more than one entity
			 at any given time.
(3) Credits may
			 be generated only from BMPs that result in water quality benefits above trading
			 baseline requirements.
(4) Credits
			 generated under an approved trading plan may not include water quality benefits
			 obtained with public conservation funds. Where public sources of funding are
			 used for credit-generating activities, it is the entity's responsibility to
			 demonstrate compliance with this requirement in its annual report.
(5) Credits may be used for compliance with
			 NPDES permit requirements and 401 water quality certifications once
			 implementation of BMPs has been verified as consistent with applicable BMP
			 quality standards according to OAR 340-039-0025(5)(h).
(6) Credits may be generated from BMPs
			 installed before DEQ approves a trading plan if BMPs are verified as having
			 been implemented consistent with BMP quality standards identified in a
			 subsequently approved trading plan and are functioning effectively.
Stat. Auth.: ORS
				  468.020,
				  468B.020,
				  468B.030,
				  468B.035,
				  468B.555
Stats. Implemented: ORS
				  468B.555
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 39 - WATER QUALITY TRADING PROGRAM › Section 340-039-0043 - Requirements for Trading Ratios

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Water quality trades must include one or more trading ratios that apply to
			 credits. Ratio components and underlying assumptions must be clearly documented
			 in the trading plan.
(2) Trading
			 ratios may be used to account for variables associated with a trading project
			 including the following:
(a) Attenuation of a
			 water quality benefit between the location where credit-generating BMPs occur
			 and the point of use;
(b)
			 Pollutant equivalency;
(c)
			 Uncertainty of BMP performance or water quality benefit measurement or
			 estimate;
(d) Types of risk not
			 associated with BMP performance;
(e) Time lag after BMP installation before a
			 BMP produces full water quality benefit;
(f) Credit for trading projects located in
			 priority areas; or
(g) Credit
			 retirement to ensure a net reduction in water pollution.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0001 - Preface

Current through Register Vol. 63, No. 7, July 1, 2024
The Rules within this Division establish the mandatory minimum
				groundwater quality protection requirements for federal and state agencies,
				cities, counties, industries, and citizens. Other federal, state, and local
				programs may contain additional or more stringent ground-water quality
				protection requirements. Unless specifically exempted by statute, groundwater
				quality protection requirements must meet or be equivalent to these rules.
				Removal and remedial actions subject to Oregon Revised Statutes (ORS) 466.540
				to 466.590, 466.705 to 466.835 and 466.895 shall not be subject to the
				requirements of these rules.
Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468B.150 - ORS
				  468B.190
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0030 - Permitted Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Permits required by point sources shall specify appropriate groundwater quality
			 protection requirements. Water Pollution Control Facility (WPCF) permits may be
			 used in cases other than for those covered by Solid Waste Disposal Facility
			 permits, NPDES permits, On-Site Sewage Disposal permits, or Hazardous Waste
			 Facility permits.
(2) The
			 Department shall review and evaluate appropriate technical information and
			 reports submitted by permitted sources to determine the potential for adverse
			 impacts to groundwater quality. Where the above technical information and
			 reports indicate that there is a likely adverse groundwater quality impact, the
			 Department shall require through the permits and rules referred to in OAR
			 340-040-0020(12), and other appropriate statutory and administrative
			 authorities, the following groundwater quality protection program:
(a) Groundwater Monitoring Requirements. The
			 permittee or permit applicant shall submit to the Department for approval a
			 groundwater monitoring plan for the uppermost aquifer and any other potentially
			 affected aquifers. The groundwater monitoring plan shall be capable of
			 determining rate and direction of groundwater movement, and monitoring the
			 groundwater quality immediately upgradient and downgradient from the waste
			 management area. The plan shall include, but not be limited to, detailed
			 information on the following:
(A) System
			 Design:
(i) Well Locations;
(ii) Well Construction;
(iii) Background Monitoring
			 Point(s);
(iv) Detection Monitoring
			 Point(s);
(v) Water Quality
			 Compliance Point(s).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0040 - Remedial Investigation and Feasibility Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, based upon the preliminary assessment
			 or other information, the Director determines there is a substantial likelihood
			 that remedial action will be necessary to maintain or restore groundwater
			 quality to achieve a specified concentration limit, or to protect public
			 health, safety, or welfare or the environment, the Director shall require a
			 remedial investigation and/or feasibility study be performed to develop
			 information to determine the need for and selection of a remedial
			 action.
(2) The Department shall
			 develop and maintain a list of all facilities currently developing remedial
			 investigations and feasibility studies, and shall make such a list available to
			 the public on request.
(3) The
			 remedial investigation shall include but is not limited to characterization of
			 pollution, characterization of the facility, and an endangerment assessment. In
			 presenting the required information, a clear description of the data used as
			 well as any data gaps encountered in the analysis shall be included:
(a) The characterization of the pollution as
			 appropriate shall include but is not limited to information regarding:
(A) Extent to which the source can be
			 adequately identified and characterized;
(B) Amount, form, concentration, toxicity,
			 environmental fate and transport, and other significant characterization of
			 present substances; and
(C) Extent
			 to which the substances might be reused or recycled.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0050 - Selection of the Remedial Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requirements: After opportunity for
			 public review and comment, the Director shall select a remedial action. Such
			 remedial action shall meet the following requirements:
(a) Be protective of present and future
			 public health, safety, and welfare and the environment; and
(b) To the maximum extent practicable:
(A) Be cost effective;
(B) Use permanent solutions and alternative
			 technologies or resource recovery technologies;
(C) Be implementable; and
(D) Be effective.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0060 - Non-Permitted Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Non-permitted activities shall include, but not be limited to,
				spills, releases and past practices from activities that are not subject to a
				permit and activities that are subject to a permit but were not permitted at
				the time of the release.
(1) Except as
			 provided otherwise under statutory or administrative authorities, when a
			 non-permitted activity could result in or has resulted in the pollution of
			 groundwater the Department may require the liable person to:
(a) Conduct a remedial investigation and
			 feasibility study pursuant to OAR
			 340-040-0040;
(b) Implement remedial action pursuant to OAR
			 340-040-0050.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0070 - On-Site Sewage Disposal: Area Wide Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In areas where groundwater is being
			 degraded as a result of on-site sewage disposal practices and an area wide
			 solution is necessary, the Department may propose a rule for adoption by the
			 EQC and incorporation into the appropriate basin section of the State Water
			 Quality Management Plan (OAR 340 Division 41) which will:
(a) Recite the findings describing the
			 problem and the aquifer impacted;
(b) Define the area where corrective action
			 is required;
(c) Describe the
			 problem correction and preventative measures to be ordered;
(d) Establish the schedule for required major
			 increments of progress;
(e)
			 Identify conditions under which new, modified, or repaired, on-site sewage
			 disposal systems may be installed in the interim while the area correction
			 program is being implemented and is on schedule;
(f) Identify the conditions under which
			 enforcement measures will be pursued if adequate progress to implement the
			 corrective actions is not made. These measures may include but are not limited
			 to measures authorized in ORS 454.235(2). 454.685, 454.645, and
			 454.317;
(g) Identify all known
			 affected local governing bodies which the Department will notify by certified
			 mail of the final rule adoption; and
(h) Accomplish any other objectives declared
			 to be necessary by the EQC.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0080 - Numerical Groundwater Quality Reference Levels and Guidance Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The numerical
			 groundwater quality reference levels and guidance levels contained in Tables 1
			 through 3 of this Division are to be considered by the Department and the
			 public in weighing the significance of a particular chemical concentration, and
			 in determining the level of remedial action necessary to restore contaminated
			 groundwater for human consumption. They are not to be construed as acceptable
			 groundwater quality management goals. They are to be used by the Director and
			 the EQC in establishing permit-specific and remedial action concentration
			 limits according to the requirements of OAR 340-040-0030  through
			 340-040-0060.
(2) The Department
			 shall periodically review information as it becomes available for establishing
			 new numerical groundwater quality reference levels and guidance levels, and to
			 ensure consistency with other statutorily mandated standards.
(3) Human consumption is recognized as the
			 highest and best use of groundwater, and the use which usually requires the
			 highest level of water quality. The numerical groundwater quality reference
			 levels listed in Tables 1 and 2 of this Division reflect the suitability of
			 groundwater for human consumption.
(4) The numerical groundwater quality
			 guidance levels listed in Table 3 of this Division are for contaminants which
			 do not adversely impact human health at the given concentrations. At
			 considerably higher concentrations, human health implications may exist. These
			 guidance levels are for contaminants that primarily affect the aesthetic
			 qualities relating to the public acceptance of drinking water. The aesthetic
			 degradation of groundwater may impair its beneficial use.
(5) For pollutant parameters for which
			 numerical groundwater quality reference levels or guidance levels have not been
			 established and listed in Tables 1 through 3, or for evaluating adverse impacts
			 on beneficial uses other than human consumption, the Department shall make use
			 of the most current and scientifically valid information available in
			 determining at what levels pollutants may affect present or potential
			 beneficial uses. Such information shall include, but not be limited to, values
			 set forth in OAR 340-041-0033.
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS 468 & 468B
Statutes/Other Implemented: ORS
				  468.020,
				  468.035,
				  468B.155 &
				  468B.165
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0090 - Interim Standards for Maximum Measurable Levels of Contaminants in Groundwater to be Used in the Designation of a Groundwater Management Area

Current through Register Vol. 63, No. 7, July 1, 2024
Interim standards are contained in T
ables 4A
,
5
, and
6
of this Division for maximum measurable
				levels (MMLs) of contaminants in groundwater to be used in the designation of a
				groundwater management area. Permanent standards for MMLs are found in
Table 4B
. The permanent or interim levels shall be used in all
				actions conducted by the Department where the use of maximum measurable levels
				for contaminants in groundwater is required.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.335(7), ORS 468.015, ORS 468B & ORS
				  536.137
Stats. Implemented: ORS 468.020 & ORS
				  468.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0110 - Substances Regulated Under These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0120 - Notice of Intent to Propose Contaminants for Adoption of a Maximum Measurable Level

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.335(7), ORS 468.015, ORS 468B & ORS
				  536.137
Stats. Implemented: ORS 468B.155, ORS 468B.165, ORS 468B.166  & ORS 468B.167
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0125 - Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Methods to Establish Maximum Measurable Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a federal
			 standard has been promulgated for any substance of concern (OAR
			 340-040-0110(1)) or any contaminant (OAR 340-040-0110(2)), the Department shall
			 review and propose only that federal standard to the Commission for adoption as
			 the maximum measurable level, unless at least one of subsections (a), (b), and
			 (c) of this section is determined:
(a) The
			 Department determines that valid scientific evidence establishes that the
			 federal standard is not protective of public health as defined in OAR
			 340-040-0105(8). To so determine, the Department must declare that at least one
			 of the following applies:
(A) For substances
			 of concern or contaminants which are carcinogens, the federal standard
			 represents a risk greater than one additional cancer in one million
			 humans;
(B) For all substances of
			 concern or contaminants, the federal standard has not considered relevant
			 scientific evidence that demonstrate the federal standard does not protect
			 public health.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0130 - Human Health and Environmental Advisories

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0135 - Modification to the Maximum Measurable Level

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.335(7), ORS 468.015, ORS 468B & ORS
				  536.137
Stats. Implemented: ORS 468B.155, ORS 468B.165, ORS 468B.166  & ORS 468B.167
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0140 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468 & ORS
				  468B
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0150 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Contingency
			 Plan" means a document setting out an organized, planned, and coordinated
			 course of action to be followed in the event of a loss of capacity to supply
			 water to the distribution system or in case of a fire, explosion, or release of
			 hazardous waste or hazardous waste constituents which could threaten human
			 health or the environment.
(2)
			 "Department" means the Department of Environmental Quality.
(3) "Delineation" means the determination of
			 the extent, orientation, and boundaries of a well-head protection area using
			 factors such as geology, aquifer characteristics, well pumping rates, and time
			 of travel.
(4) "Element" means one
			 of seven components considered by the U.S. Environmental Protection Agency as
			 the minimum required components in any state wellhead protection program:
(a) Specification of duties;
(b) Delineation of the wellhead protection
			 area;
(c) Inventory of potential
			 contaminant sources;
(d)
			 Specification of management approaches;
(e) Development of contingency
			 plans;
(f) Addressing new (future)
			 wells and springs; and
(g) Ensuring
			 public participation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0160 - Wellhead Protection: General Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS 468 & 468B
Statutes/Other Implemented: ORS 468 &
				  468B