Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0108 - Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: General Policies

Current through Register Vol. 63, No. 7, July 1, 2024
Groundwater is a critical natural resource providing domestic,
				industrial and agricultural water supply; base flow for rivers, lakes, streams
				and wetlands; and other beneficial uses. Therefore, the following policy is
				established.
(1) Program Priorities:
			 Groundwater quality shall be protected throughout the state of Oregon. However,
			 the Commission shall concentrate its groundwater quality protection
			 implementation efforts in areas where the practices and activities related to
			 the use of one or more substances of concern have the greatest potential for
			 degrading groundwater quality and where potential groundwater quality pollution
			 would have the greatest adverse impact on beneficial uses.
(2) Beneficial Uses: Groundwater shall be
			 protected for both existing and future beneficial uses so that the State may
			 continue to utilize the resource for whatever beneficial uses the natural water
			 quality allows. High quality groundwater shall be maintained for present and
			 future uses.
(3) Scientific
			 Evidence: The Commission shall set a maximum measurable level for a contaminant
			 or substance of concern only when there is sufficient scientific evidence to
			 show that the contaminant or substance of concern may cause adverse effects to
			 public health or the environment.
(4) Naturally Occurring Contaminants: For
			 contaminants that naturally occur in groundwater in concentrations above the
			 maximum measurable level, the Commission shall consider the natural background
			 level to be the equivalent of the maximum measurable level for that groundwater
			 source.
(5) Public Health: The
			 Department shall, for the purposes of establishing maximum measurable levels
			 and developing environmental and health advisories, consult with the Oregon
			 Health Division regarding human health concerns.
(6) Wildlife: A preliminary assessment by EPA
			 indicates that aquatic criteria are not in all cases protective of wildlife
			 (e.g., include mercury, selenium, polychlorinated biphenyls, DDT and possibly
			 chlorinated alkanes, benzene, phenols as well as metals in general). However,
			 for contaminants or substances of concern, the Department may rely on the
			 limited information available in EPA's Water Quality Criteria for protection of
			 aquatic and wildlife species as their foundation for recommendations to the
			 Commission, unless scientifically valid evidence shows this to be
			 inadequate.
(7) The Commission
			 recognizes, however, that studies of aquatic and wildlife species are extremely
			 limited. This reduces confidence in the Commission's ability to ensure that
			 maximum measurable levels of contaminants will be protective of those groups in
			 the environment.
(8) Methods Flow
			 Chart: A flow chart, Appendix 1, graphically describes the methods to be used
			 in establishing maximum measurable levels, which may, as appropriate, be used
			 to interpret these rules.
(9)
			 Public Support via Education: Public support of the groundwater protection
			 program is essential to its long-term success, and voluntary compliance will
			 likely lead to the least cost program. Therefore, the Commission is encouraged
			 to conduct ongoing public education and demonstration programs designed to
			 inform the public concerning:
(a) Various
			 contaminants;
(b) The various
			 elements of the groundwater protection program; and
(c) How the public can participate in
			 protecting Oregon's groundwater resource.