reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0217 - Requirements and Remediation Options

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a release of petroleum from an UST
			 system, the responsible person must complete the following requirements:
(a) Perform initial response, abatement, and
			 site characterization in accordance with OAR
			 340-122-0220  through
			 340-122-0230.
(b) Remove free product to the maximum extent
			 practicable in accordance with OAR
			 340-122-0235.
(c) Where results of the initial site
			 characterization indicate that the magnitude and extent of soil contamination
			 have not been fully delineated, or that groundwater contamination may extend
			 beyond the tank pit, complete additional site investigation in accordance with
			 OAR
			 340-122-0240.
(d) Based on site investigations, perform one
			 of the following remediation approaches:
(A)
			 Remediation in accordance with OAR
			 340-122-0320  through
			 340-122-0360  for motor fuel and heating oil in soils;
(B) Closure or remediation in accordance with
			 OAR
			 340-122-0243  for
			 low-impact sites;
(C) Remediation
			 pursuant to a corrective action plan developed in accordance with OAR
			 340-122-0244  and
			 340-122-0250;
(D) Remediation pursuant to a generic remedy
			 developed in accordance with OAR
			 340-122-0252;
			 or
(E) Any appropriate combination
			 of subsections (A), (C), and (D) of this rule.
(e) Submit all reports, plans, laboratory
			 data, and other documentation required in these rules or otherwise requested by
			 the Department during the course of investigation and remedial
			 measures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0218 - Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To streamline
			 the investigation of petroleum UST release sites, a responsible person may use
			 expedited site assessment methods (e.g., push probe samplers) for sample
			 collection and analysis as long as all methods and results are documented in
			 subsequent reports to the Department. However, samples used to demonstrate
			 compliance with remediation levels must be collected and analyzed in accordance
			 with this section.
(a) Sample collection,
			 preservation, storage, and handling methods must conform with appropriate
			 procedures in "Test Methods for Evaluating Solid Waste,' SW-846, 3rd Edition,
			 Final Updates I, II, IIA, IIB and III, Revised May 1997 (U.S. EPA).
(b) Samples must be tested for all reasonably
			 likely contaminants of concern relevant to the petroleum released, the age of
			 the release, and the medium contaminated taking into account appropriate
			 remediation levels. The following must be considered and, where appropriate,
			 sampled:
(A) Total Petroleum Hydrocarbons
			 (TPH) in the gasoline range and TPH in the diesel/lube oil range, as
			 appropriate;
(B) For gasoline
			 releases, benzene, toluene, ethylbenzene and total xylenes (BTEX); naphthalene,
			 lead, ethylene dibromide (EDB), ethylene dichloride (EDC), and methyl t-butyl
			 ether (MTBE);
(C) For diesel or
			 heating oil releases, BTEX and polynuclear aromatic hydrocarbons (PAHs);
			 and
(D) For waste oil releases,
			 BTEX, PAHs, volatile chlorinated hydrocarbons, and leachable concentrations of
			 cadmium, chromium, and lead.
(c) Groundwater samples collected for the
			 purpose of testing for lead must be filtered immediately upon collection using
			 a 0.45 micron filter and analyzed for dissolved lead.
(d) The following analytical methods must be
			 employed.
(A) Total Petroleum Hydrocarbons
			 must be analyzed by the Northwest Total Petroleum Hydrocarbon Methods (DEQ,
			 December 1996) including, as appropriate:
(i)
			 Hydrocarbon Identification by NWTPH-HCID;
(ii) Gasoline Range Hydrocarbons by Method
			 NWTPH-Gx; and
(iii) Diesel/Lube Oil
			 Range Hydrocarbons by Method NWTPH-Dx.
(B) Leachable concentrations of cadmium,
			 chromium, and lead must be analyzed by EPA Method 1311 (Toxicity Characteristic
			 Leaching Procedure).
(C) All other
			 contaminants of concern must be analyzed by appropriate procedures described in
			 "Test Methods for Evaluating Solid Waste,' SW-846, 3rd Edition, Final Updates
			 I, II, IIA, IIB and III, Revised May 1997 (U.S. EPA).
(e) The Department may accept alternative
			 sampling and analytical methods that have been shown to be appropriate for the
			 contaminants of concern and the media of interest, and that have acceptable
			 quality control measures, and limits of detection.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0220 - Initial Response

Current through Register Vol. 63, No. 7, July 1, 2024
For a suspected or confirmed release from a petroleum UST
				system, the responsible person must perform the following initial response
				actions within 24 hours:
(1) Report
			 the following releases to the Department:
(a)
			 All below-ground releases;
(b) All
			 above-ground releases to the land surface in excess of 25 gallons, or releases
			 of less than 25 gallons if the responsible person is unable to contain or clean
			 up the release within 24 hours; and
(c) All above-ground releases to surface
			 water that result in a sheen on the water.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0225 - Initial Abatement Measures and Site Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless directed to do otherwise by the
			 Department, a responsible person must perform the following abatement measures:
(a) Remove as much of the petroleum from the
			 UST system as is necessary to prevent further release to the
			 environment;
(b) Visually inspect
			 any above-ground releases or exposed below-ground releases and prevent further
			 migration of the released petroleum into surrounding soils and
			 groundwater;
(c) Monitor and
			 mitigate any fire and safety hazards posed by vapors or free product that have
			 migrated from the UST excavation zone and entered into subsurface
			 structures;
(d) Remediate hazards
			 posed by contaminated soils that are excavated or exposed during confirmation,
			 site investigation, abatement, or remedial activities. For remedial measures
			 including treatment or disposal of soils, the responsible person must comply
			 with applicable state and local requirements;
(e) Measure for the presence of a release
			 where contamination is most likely to be present at the UST site. In selecting
			 sample types, sample locations, and measurement methods, the responsible person
			 must consider the nature of the stored petroleum, type of backfill, depth to
			 groundwater, and other factors as appropriate for identifying the presence and
			 source of the release; and
(f)
			 Investigate to determine the possible presence of free product, and begin free
			 product removal as soon as practicable in accordance with OAR
			 340-122-0235.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0230 - Initial Site Characterization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless directed to do otherwise by the
			 Department, a responsible person must collect information about the site and
			 the nature of the release, including information obtained while confirming the
			 release or completing initial abatement measures under OAR
			 340-122-0225(1).
			 This information must include the following, as appropriate:
(a) Data on the nature and estimated quantity
			 of the release;
(b) Data from
			 available sources and/or site investigations regarding use and approximate
			 locations of wells potentially affected by the release, presence of a certified
			 drinking water protection area, distance to the nearest surface water,
			 subsurface soil conditions, locations of subsurface sewers, water lines, and
			 other utilities, and land use for all adjacent properties and all properties
			 potentially affected by the release;
(c) Results of the measurements required
			 under OAR
			 340-122-0225(1)(e);
(d) Results of the free product
			 investigations required under OAR
			 340-122-0225(1)(f),
			 to be used by the responsible person to determine whether free product must be
			 recovered;
(e) A site map, drawn to
			 scale, showing the location of buildings, current and former locations of UST
			 systems, utility lines, sample locations, and other relevant site information;
			 and
(f) Other information necessary
			 to characterize the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0235 - Free Product Removal

Current through Register Vol. 63, No. 7, July 1, 2024
At sites where investigations under OAR
				340-122-0225(1)(f)
 
				indicate the presence of free product, the responsible person must remove the
				free product to the maximum extent practicable while continuing, as necessary,
				any actions initiated under OAR
				340-122-0220 through
				340-122-0230,
				or while preparing for actions required under OAR
				340-122-0240 through
				340-122-0250.
				In meeting the requirements of this rule, the responsible person must:
(1) Initiate free product removal as soon as
				practicable.
(2) Conduct free
				product removal in a manner that minimizes the spread of contamination into
				previously uncontaminated zones by using recovery and disposal techniques
				appropriate to the hydrogeologic conditions at the site, and that properly
				treats, discharges, or disposes of recovery byproducts in compliance with
				applicable local, state, and federal regulations.
(3) Use abatement of free product migration
				as a minimum objective for the design of the free product removal
				system.
(4) Handle any flammable
				products in a safe manner to prevent fires or explosions.
(5) Include in the report submitted under OAR
				340-122-0230(2)  a summary of free product removal
				activities, describing:
(a) The name of the
				contractor or responsible person performing the free product removal
				measures;
(b) The estimated
				quantity, type, and thickness of free product observed or measured in wells,
				boreholes, and excavations;
(c) The
				type of free product recovery system used;
(d) The location of any on-site or off-site
				wastewater discharge associated with the recovery operation;
(e) The type of treatment applied to, and the
				effluent quality from, any wastewater discharge;
(f) The steps that have been or are being
				taken to obtain necessary permits for any wastewater discharge; and
(g) The disposition of recovered free
				product; and
(h) Other information
				relevant to the recovery of free product at the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0240 - Investigation for Magnitude and Extent of Contamination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If data collected during the initial site
			 characterization do not identify the full nature, magnitude, and extent of soil
			 and groundwater contamination, the responsible person must conduct an
			 investigation for this purpose.
(a) The areal
			 and vertical extent of soil contamination must be determined.
(b) The areal extent of groundwater
			 contamination must be determined, including an estimate of groundwater velocity
			 and flow direction.
(c)
			 Representative samples of all affected media must be analyzed for reasonably
			 likely contaminants of concern based on the nature of the release and
			 applicable remedial options under OAR
			 340-122-0217.
(d) Expedited site assessment tools (e.g.,
			 push-probe samplers) may be used to provide a preliminary measure of the
			 magnitude and extent of groundwater contamination.
(e) If groundwater contamination appears to
			 have migrated beyond the immediate vicinity of the tank pit, additional
			 groundwater investigation must be performed in accordance with section (2) of
			 this rule unless the responsible person can demonstrate to the Department that
			 the contamination presents no potential threat to human health or the
			 environment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0244 - Risk-Based Concentrations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the requirements for developing risk-based
				concentrations for use in establishing remediation levels in corrective action
				plans under OAR
				340-122-0250.
(1) A conceptual model must be developed for
			 the site describing how exposure to contaminants is reasonably likely to occur.
(a) The conceptual site model must be based
			 on, at a minimum:
(A) The magnitude and areal
			 and vertical extent of soil and groundwater contamination;
(B) The concentration of applicable
			 contaminants of concern in each contaminated medium;
(C) The likelihood for exposure to occur,
			 given the concentration, location, and mobility of the contaminants in
			 conjunction with factors such as local climate, geology, and hydrogeology;
			 and
(D) Information on current and
			 reasonably likely future land and water uses in the area of potential
			 impact.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0250 - Corrective Action Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to section (12) of this rule, a responsible person proposing to
			 remediate a site to risk-based remediation levels must submit a corrective
			 action plan for responding to contaminated soil and groundwater.
(2) A remediation level must be proposed for
			 each contaminant of concern in soil and groundwater based on:
(a) Site-specific risk-based concentrations
			 calculated according to OAR
			 340-122-0244,
			 or generic risk-based concentrations developed under OAR
			 340-122-0252;
(b) Current or future reasonably likely
			 significant adverse effects to beneficial uses of groundwater or surface water
			 not addressed by risk-based concentrations under subsection (a) of this
			 section; and
(c) Proposed
			 institutional and engineering controls, if any.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0252 - Generic Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may identify or develop generic remedies for releases from petroleum
			 UST systems.
(a) For purposes of this rule, a
			 generic remedy may include:
(A) Generic
			 risk-based concentrations for use in closure of low-impact sites, or
			 remediation under a corrective action plan; and
(B) Remedial technologies or methods for use
			 at eligible sites on a streamlined basis.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0260 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall maintain a list of all confirmed releases and ensure that site
			 release and cleanup information are made available to the public for inspection
			 upon request.
(2) For each
			 confirmed release that requires a corrective action plan under OAR
			 340-122-0250,
			 or that requires implementation of engineering or institutional controls for
			 designation as a low-impact site under OAR
			 340-122-0243  or
			 as part of a generic remedy under OAR
			 340-122-0252,
			 the Department shall provide notice to affected property owners and the public.
			 This notice may include but is not limited to public notice in local
			 newspapers, block advertisements, public service announcements, publication in
			 a state register, letters to individual households, or personal contacts by
			 field staff.
(3) For each confirmed
			 release, the Department, upon written request by ten or more persons or by a
			 group having ten or more members, shall conduct a public meeting at or near the
			 facility for the purpose of receiving verbal comment regarding proposed
			 remedial activities, except for those activities conducted under OAR
			 340-122-0320  through
			 340-122-0360.
(4) The Department shall ensure that site
			 release information and decisions concerning completed and proposed petroleum
			 UST remedial measures are made available to the public for inspection upon
			 request.
(5) Before approving a
			 corrective action plan, the Department may hold a public meeting to consider
			 comments on the proposed corrective action plan if there is sufficient public
			 interest, or for any other good reason.
Stat. Auth.: ORS 465.400 & ORS 466.746
Stats. Implemented: ORS 465.200 - ORS 465.455 & ORS
				  466.706 - ORS 466.835
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0320 - Soil Matrix Cleanup Options

Current through Register Vol. 63, No. 7, July 1, 2024
A responsible person may elect to clean up petroleum
				contaminated soils according to the procedures and standards set forth in OAR
				340-122-0320 through
				340-122-0360.
				For purposes of the soil matrix cleanup rules, "cleanup" means excavation and
				offsite disposal, or treatment, of contaminated soils. When using the numeric
				soil cleanup standards specified in these rules, the responsible person has the
				option of:
(1) Cleaning up the site as
			 specified in these rules to the numeric soil cleanup standard defined as Level
			 1 in OAR
			 340-122-0335(2);
			 or
(2) Evaluating the site as
			 specified in OAR
			 340-122-0325  to determine the required Matrix cleanup level, and then cleaning up the site
			 as specified in these rules to the numeric soil cleanup standard defined by
			 that Matrix cleanup level.
Stat. Auth.: ORS 465.400 & ORS 466.746
Stats. Implemented: ORS 465.200 - ORS 465.455 & ORS
				  466.706 - ORS 466.835
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0325 - Evaluation of Matrix Cleanup Level

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to determine a specific Matrix
			 cleanup level, the site must first be evaluated by:
(a) Assigning a numerical score to each of
			 the five site-specific parameters in OAR
			 340-122-0330(1)-(5);
			 and
(b) Totaling the parameter
			 scores to arrive at the Matrix Score.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0330 - Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters

Current through Register Vol. 63, No. 7, July 1, 2024
The site-specific parameters are to be scored as specified in
				this section. If any of the parameters in sections (1)-(5) of this rule is
				unknown, that parameter must be given a score of ten:
(1) Depth to Groundwater: This is the
			 vertical distance (rounded to the nearest foot) from the surface of the ground
			 to the highest seasonal elevation of the saturated zone. The score for this
			 parameter is:
(a) > 100 feet, 1;
(b) 51-100 feet, 4;
(c) 25-50 feet, 7;
(d) < 25 feet, 10.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0335 - Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Matrix Score evaluated in OAR 340-122-0330  is:
(a) Greater than 40, the site must be cleaned
			 up to at least the Level 1 standards listed in section (2) of this
			 rule;
(b) From 25 to 40, inclusive,
			 the site must be cleaned up to at least the Level 2 standards listed in section
			 (2) of this rule;
(c) Less than 25,
			 the site must be cleaned up to at least the Level 3 standards listed in section
			 (2) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0340 - Sample Number and Location

Current through Register Vol. 63, No. 7, July 1, 2024
The collection and analysis of soil samples is required to
				verify that a site meets the requirements of these rules. These samples must
				represent the soils remaining at the site and must be collected after
				contaminated soils have been removed or remediated. Each sample must represent
				a single location; composite samples are not allowed. The number of soil
				samples required for a given site and the location at which the samples are to
				be collected are as follows:
(1) A
			 minimum of two soil samples must be collected from the site:
(a) These samples must be taken from those
			 areas where obviously stained or contaminated soils have been identified and
			 removed or remediated;
(b) If there
			 are two or more distinct areas of soil contamination, then a minimum of one
			 sample must be collected from each of these areas;
(c) The samples must be taken from within the
			 first foot of native soil directly beneath the areas where the contaminated
			 soil has been removed, or from within the area where in-situ remediation has
			 taken place;
(d) A field instrument
			 sensitive to volatile organic compounds may be used to aid in identifying areas
			 that should be sampled, but the field data may not be substituted for
			 laboratory analyses of the soil samples;
(e) If there are no areas of obvious
			 contamination, then samples must be collected from the locations specified in
			 sections (2)-(5) of this rule which are most appropriate for the
			 situation;
(f) If it is being
			 proposed that a pocket of contamination be left in place pursuant to OAR
			 340-122-0355(4),
			 then sufficient samples must be collected from the site in order to estimate
			 the extent, volume, and level of contamination in this pocket, and the
			 likelihood for the remaining contamination to result in unacceptable risk
			 levels due to volatilization into buildings.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0345 - Sample Collection Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following information must be kept during the sampling events:
(a) A sketch of the site must be made which
			 clearly shows all of the sample locations and identifies each location with a
			 unique sample identification code;
(b) Each soil and water sample must be
			 clearly labeled with its sample identification code. A written record must be
			 maintained which includes, but is not limited to: the date, time and location
			 of the sample collection; the name of the person collecting the sample; how the
			 sample was collected; and any unusual or unexpected problems encountered during
			 the sample collection which may have affected the sample integrity;
(c) Formal chain-of-custody records must be
			 maintained for each sample.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0355 - Evaluation of Analytical Results

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The results of the soil analyses shall be
			 interpreted as follows:
(a) If a sample has a
			 concentration less than or equal to the required matrix level, the area
			 represented by that sample meets the requirements of these rules;
(b) If a sample has a concentration exceeding
			 the required matrix level by more than ten percent, the area represented by
			 that sample does not meet the requirements of these rules. Further remediation,
			 sampling, and testing is necessary until the required level is
			 attained;
(c) If a sample has a
			 concentration exceeding the required matrix level by less than ten percent, the
			 responsible person has the option of collecting and analyzing two more samples
			 from the same area and using the average of all three to determine if the
			 standard has been met; or further remediating the area and then collecting and
			 analyzing one new sample and using the concentration of the new sample to
			 determine if the standard has been met. Alternatively, the Department has the
			 options of approving the cleanup with no further action, requiring that more
			 samples be taken, or requiring further cleanup and subsequent sampling. Such a
			 decision shall be made based upon the analytical results of other samples from
			 the site, best professional judgment made from a visit to the site, the
			 apparent extent of contamination, and other site specific factors deemed
			 appropriate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0360 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 60 days of completing work at a soil matrix site cleaned up pursuant to OAR
			 340-122-0320  through
			 340-122-0360,
			 or within a longer period of time approved by the Department, the responsible
			 person must submit to the Department a final report which must contain:
(a) A narrative section describing how the
			 release was discovered, what initial measures were taken to control the spread
			 of contamination, what was observed when the tank was removed from the pit
			 (e.g., odor, sheen, stained soils, holes in tank or lines), what information
			 was used to score the site, how the cleanup was done, how much contaminated
			 soil was removed, what was done with the contaminated soil and the
			 decommissioned tank and piping, who collected the samples, how the samples were
			 collected, stored, and shipped to the lab, and any problems encountered during
			 the cleanup or sample collection process;
(b) A site map drawn to scale showing
			 relevant information such as the location of tanks, lines, utilities,
			 buildings, and other structures, excavated soils, samples, and any pockets of
			 contamination left pursuant to OAR
			 340-122-0355(4);
(c) Properly filled out copies of the
			 Department's Matrix Checklist and Matrix Score Sheet;
(d) All of the sampling documentation
			 required in OAR
			 340-122-0345;
(e) Copies of the laboratory reports and
			 chain of custody forms for all soil and water samples collected at the
			 site;
(f) Copies of all receipts or
			 permits related to the disposal of free product, contaminated soil,
			 contaminated water, and decommissioned tanks and piping;
(g) A brief explanation of what was done in
			 the case of any samples that initially exceeded the required cleanup
			 levels;
(h) A summary of the
			 concentrations measured in the final round of samples from each sampling
			 location;
(i) In cases where
			 groundwater was present in the pit, a summary of the data collected and the
			 decision made by the Department under OAR
			 340-122-0355(3);
(j) In cases where pockets of excess
			 contamination remain on site in accordance with OAR
			 340-122-0355(4),
			 a description of this contamination including location, approximate volume and
			 concentration; and
(k) In cases
			 where waste oil contamination required extra sampling and analyses as specified
			 in OAR
			 340-122-0340(6),
			 a summary of the data collected and, if appropriate, the decision made by the
			 Department under OAR
			 340-122-0355(5).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0510 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish eligibility, selection criteria, and
				conditions for use of solid waste Orphan Site Account funds. Solid waste Orphan
				Site Account funds are to be used for investigation and cleanup of hazardous
				substance releases from solid waste disposal facilities, in accordance with ORS
				459.236.
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS
				  459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311,
				  ORS 465.200 - ORS 465.455 & ORS
				  465.900
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0520 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms not defined in this section have the meanings set forth
				in ORS 459.005 and 465.200. Additional terms are defined as follows:
(1) "Repayment Plan" means a written
			 agreement between the Department and a local government unit setting forth the
			 terms and schedule for repayment by the local government unit of monies
			 provided by the Department pursuant to ORS 459.236(5). The repayment plan may
			 be incorporated into an agreement or order for removal or remedial action
			 issued by the Department under ORS 465.260.
(2) "Solid Waste Orphan Site Account" means
			 those monies in the Orphan Site Account established under ORS 465.380 to be
			 used to pay certain costs for removal or remedial action at solid waste
			 disposal sites. The solid waste Orphan Site Account consists of monies
			 collected from the solid waste disposal fee imposed under ORS 459.236, monies
			 paid the Department pursuant to a repayment plan, monies originally spent from
			 the solid waste Orphan Site Account and recovered from responsible parties, and
			 proceeds from interest.
(3)
			 "Surcharge" or "Equivalent Funding" means the charge authorized under ORS
			 459.311 to be imposed on solid waste collection services by a local government
			 unit, or an equivalent amount of funding provided by the local government unit
			 from another source.
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS
				  459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311,
				  ORS 465.200 - ORS 465.455 & ORS
				  465.900
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0530 - Eligible Sites

Current through Register Vol. 63, No. 7, July 1, 2024
The terms "disposal site," "hazardous substances" and "release"
				are defined in ORS 459.005(11), 465.200(9) and 465.200(14), respectively.
				Within the meaning of these terms, the solid waste Orphan Site Account may be
				used for investigation and cleanup of a release of hazardous substances at the
				following types of solid waste disposal sites:
(1) Solid waste disposal sites owned or
			 operated by a local government unit. Examples include:
(a) Sites where the local government unit is
			 conducting a removal or remedial action pursuant to ORS 465.260; and
(b) Sites owned or operated by a local
			 government unit where DEQ is conducting a removal or remedial action.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0540 - Funding Factors

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may fund only those remedial action costs defined in ORS
				465.200(16) that are reasonable in DEQ's judgement. DEQ shall consider at least
				the following factors, to the extent relevant information is available, in
				determining which removals or remedial actions shall receive funding from the
				solid waste Orphan Site Account and the amount of funding:
(1) The site's risk to public health and the
			 environment, based on consideration of the factors set forth in OAR
			 340-122-0080(2)
 
			 and other available hazard ranking or risk assessment information. Each site's
			 risk shall be evaluated relative to the risk posed by other eligible
			 sites.
(2) The need for removal or
			 remedial action at the site relative to fund availability and the need for
			 removal or remedial activities at other sites.
(3) The extent to which other obligations or
			 sources of funding for the same activities exist or will be sufficient over the
			 life of the removal or remedial activity (e.g., ORS Chapter 459 closure
			 financial assurance).
(4) The
			 nature of the activities for which funding is sought, in the following order of
			 preference:
(a) Direct costs for cleanup,
			 provided that adequate technical investigation has been completed;
(b) Direct costs of technical investigation
			 and remedy evaluation;
(c) Indirect
			 costs (e.g., administration and overhead associated with the investigation or
			 cleanup activities);
(d) Legal
			 costs.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0550 - Grants and Loans

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may provide local government units with solid waste Orphan
				Site Account funds in the form of:
(1)
			 A grant for remedial action costs exceeding the maximum amount collected by
			 surcharge or equivalent funding; or
(2) A loan for remedial action costs up to
			 the amount raised by surcharge or equivalent funding.
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS
				  459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311,
				  ORS 465.200 - ORS 465.455 & ORS
				  465.900
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0560 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 government unit applicants shall submit a grant or loan application to DEQ on a
			 DEQ-approved form, and additional information deemed necessary by DEQ.
			 Applications for potential funding will be due according to a schedule
			 determined by the Department.
(2)
			 Except for emergency actions to protect public health and the environment,
			 funding decisions about use of the solid waste Orphan Site Account shall be
			 made once a year.
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS
				  459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311,
				  ORS 465.200 - ORS 465.455 & ORS
				  465.900
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0570 - Funding Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 grants under OAR
			 340-122-0550(1),
			 the local government unit and DEQ shall enter a grant agreement, including
			 provisions regarding:
(a) Specification of
			 removal or remedial activities and DEQ oversight pursuant to an ORS 465.260 order or agreement;
(b)
			 Calculation, collection, and use of local government units' surcharge or
			 equivalent funding obligations under ORS 459.236(4);
(c) Necessary cost documentation, accounting,
			 and auditing procedures; and
(d)
			 Where applicable, recovery of remedial action costs from responsible
			 parties.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0580 - Application of Surcharge Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to OAR
			 340-122-0540,
			 proceeds from surcharge or equivalent funding collected by a local government
			 unit shall be credited by DEQ toward the local government unit's funding
			 obligation under ORS 459.236(4) or (5) if the proceeds are:
(a) Expended for removal or remedial action
			 undertaken by the local government unit at a solid waste disposal site in
			 accordance with an ORS 465.260 order or agreement; or
(b) Paid to DEQ for the costs of removal or
			 remedial action undertaken by DEQ at a solid waste disposal site; or
(c) Paid to a third party for the costs of
			 removal or remedial action undertaken by the third party at a solid waste
			 disposal site in accordance with an ORS 465.260 order or agreement.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0590 - Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funding from
			 the solid waste Orphan Site Account under these rules does not substitute for
			 existing obligations, including solid waste disposal site financial assurance
			 requirements of ORS Chapter 459.
(2) DEQ may apply the factors set forth in
			 OAR
			 340-122-0540  to
			 use solid waste Orphan Site funds for interim removal actions instead of final
			 remedial actions. DEQ is not obligated to use solid waste Orphan Site Account
			 funds to undertake final remedial action or to pay with solid waste Orphan Site
			 Account monies all remedial action costs exceeding surcharge or equivalent
			 funding.
(3) These rules do not
			 provide an exemption or defense to liability to third parties or to a DEQ
			 enforcement or cost recovery action should a local government unit refuse to
			 undertake necessary remedial activities or fail to apply surcharge or
			 equivalent funding as required by a loan or grant agreement with DEQ.
(4) These rules do not preclude multiple
			 local government units or potentially responsible parties from agreeing to
			 apportion responsibility for remedial action costs, which apportionment may be
			 reflected in the amount of solid waste Orphan Site Account funding
			 requested.
(5) These rules do not
			 prevent DEQ from undertaking or requiring emergency removal or remedial
			 activities as necessary to protect public health, safety, and welfare or the
			 environment.
(6) These rules do not
			 require DEQ to spend all available solid waste Orphan Site Account funds during
			 any given funding cycle. DEQ may, for example, retain a portion of funds to be
			 used as a reserve for potential emergency actions or for future use at a
			 prospective higher priority site.
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS
				  459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311,
				  ORS 465.200 - ORS 465.455 & ORS
				  465.900
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0010 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules establish the standards and procedures to be used to implement ORS
			 465.200 and 465.500 through 465.548.
(2) These rules establish:
(a) Definitions for terms used in the
			 rules;
(b) Requirements for
			 minimizing waste and releases from dry cleaning facilities;
(c) Conditions dry cleaning facilities must
			 meet to be eligible for funding;
(d) Criteria used to determine the order in
			 which remedial actions receive funding;
(e) Criteria used to reimburse dry cleaner
			 owners and dry cleaner operator for preapproved remedial action costs;
			 and
(f) The process by which
			 inactive sites will be listed as required in accordance with Section 16 of 2001
			 Oregon Laws chapter 495.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0015 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are applicable to:
(1) Persons operating a dry cleaning facility
			 or dry store.
(2) Persons
			 delivering perchloroethylene to a dry cleaning facility in Oregon.
(3) Persons who own real property underlying
			 active and inactive dry cleaning facilities.
(4) Persons generating hazardous waste at a
			 dry cleaning facility.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.200 and ORS 465.500 through
				  465.548
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				340-124-0010  to
				340-124-0080,
				unless otherwise defined therein, the words and phrases used in these rules
				have the following meanings:
(1)
			 "Account" means the Dry Cleaner Environmental Response Account created under
			 ORS 465.510.
(2) "Claim" means a
			 demand in writing for payment from the Account for cleanup at a dry cleaning
			 facility.
(3) "Claimant" means the
			 person who files a claim against the Account.
(4) "Closed direct-coupled delivery system"
			 means the method and equipment necessary to deliver perchloroethyelene solvent
			 to a dry cleaning facility that minimizes the opportunity for
			 perchloroethyelene to be released. Closed direct-coupled delivery includes
			 delivery of solvent to the dry-cleaning facility in containers that are pumped
			 into the dry cleaning machine using closed, self-sealing couplings on both the
			 machine and the delivery line for input of solvent into the dry cleaning
			 machine and closed, self-sealing couplings on the vapor displacement outlet on
			 both the machine and the vapor vent line that captures perchloroethyelene gas
			 vapors and returns them to the delivery container.
(5) "Commission" means the Environmental
			 Quality Commission.
(6) "Container"
			 means a portable device in which material is stored, transported, treated,
			 disposed of or otherwise handled.
(7) "Department" means the Department of
			 Environmental Quality.
(8)
			 "Director" means the Director of the Department of Environmental
			 Quality.
(9) "Dry Cleaner
			 Environmental Response Account" means the Account created under ORS 465.510.
(10) "Dry cleaning facility" means
			 any active or inactive facility located in this state that is or was engaged in
			 dry cleaning apparel and household fabrics for the general public, and dry
			 stores, other than:
(a) A facility located on
			 a United States military base;
(b)
			 A uniform service or linen supply facility;
(c) A prison or other penal institution;
			 or
(d) A facility engaged in dry
			 cleaning operations only as a dry store and selling less than $50,000 per year
			 of dry cleaning services.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0040 - Waste Minimization Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the otherwise applicable hazardous waste
				management requirements of OAR 340-100-0001  and 0002 that apply to hazardous
				waste generators and facilities, the following waste minimization requirements
				implement ORS
				465.505.
				The following apply to dry cleaning facilities and dry stores:
(1) Hazardous waste:
(a) Persons generating hazardous waste at a
			 dry cleaning facility in amounts of 220 pounds a month or less or who never
			 store onsite more than 2,200 pounds of hazardous waste shall manage hazardous
			 waste as follows:
(A) All waste meeting the
			 state and federal criteria for hazardous waste identified in OAR 340-102-0011,
			 excluding wastewater, generated at a dry cleaning facility and containing dry
			 cleaning solvents, shall be managed and disposed of regardless of quantity
			 generated as a hazardous waste at a permitted hazardous waste treatment,
			 storage, disposal or recycling facility or at some other waste disposal
			 facility approved by the Department;
(B) Store all hazardous wastes, including dry
			 cleaning wastewater, in closed containers labeled with the words "hazardous
			 waste' and the date waste was first placed in the container;
(C) Ship hazardous waste offsite within one
			 year of placing waste in the hazardous waste container, and
(D) May submit a written request for an
			 extension of one additional year to store hazardous waste onsite prior to
			 shipping it offsite if the dry cleaning facility is in a remote location in
			 Oregon, or if the dry cleaning facility does not generate hazardous waste in
			 economically feasible quantities to ship within one year of the date the waste
			 was placed in the container;
(E)
			 Retain onsite hazardous waste shipping records for three years; and
(F) Post the Oregon Emergency Response System
			 notification information.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0050 - Notification of Change at A Dry Cleaning Business or Dry Store

Current through Register Vol. 63, No. 7, July 1, 2024
The dry cleaning operator and/or dry store operator shall
				notify the Department on forms provided by the Department within 60 days of the
				applicable activities listed below:
(1) Closure of a dry cleaning
			 business;
(2) Closure of a dry
			 store;
(3) Change of dry cleaning
			 owner;
(4) Change of dry cleaning
			 operator;
(5) Change of dry store
			 operator;
(6) Sale of a dry
			 cleaning business;
(7) Opening a
			 new dry cleaning business; and
(8)
			 Opening a new dry store.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS
				  465.505:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0055 - Requirements for Dry Stores

Current through Register Vol. 63, No. 7, July 1, 2024
Any dry cleaning machinery at a dry store location shall have
				dry cleaning solvent and solvent-containing residue removed from the dry
				cleaning machinery in accordance with
40 CFR 261.4(c)
and the dry
				cleaning machine shall not be connected to any utilities.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS
				  465.505
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0060 - Funding from Dry Cleaner Environmental Response Account at Dry Cleaning Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a
			 contaminated dry cleaning facility to receive funding for remedial actions,
			 conditions A through C must be met.
(a) The
			 person performing the remedial action shall submit a claim on a form to be
			 provided by the Department:
(A) If the
			 claimant is not the real property owner, the claim shall provide proof that the
			 real property owner has been notified of the claim;
(B) If the property is leased, and the
			 claimant is not the lessee, the claimant shall provide proof that the lessee
			 has been notified of the claim;
(C)
			 The claim must contain the information requested by the Department, as well as
			 all other known information concerning environmental contamination at the
			 contaminated dry cleaning site.