Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms not defined in this section have the meanings set forth
				in OAR 340-041-0006 unless otherwise noted. Unless otherwise required by
				context, as used in this Division:
(1)
			 "Background Water Quality" means the quality of water immediately upgradient
			 from a current or potential source of pollution that is unaffected by the
			 source.
(2) "Compliance Point(s)"
			 means the point or points where groundwater quality parameters must be at or
			 below the permit-specific concentration limits or the concentration limit
			 variance.
(3) "Concentration Limit"
			 means the maximum acceptable concentration of a contaminant allowed in
			 groundwater at a Department specified compliance point.
(4) "Concentration Limit Variance" means a
			 groundwater quality concentration limit which is granted by the Director or the
			 EQC on a case-by-case basis as an alternative to a permit-specific
			 concentration limit established under section (3) of OAR
			 340-040-0030.
(5) "Contaminant" has the meaning set forth
			 for "pollutant" as defined in OAR
			 340-045-0010(13),
			 and means dredged spoil, solid waste, incinerator residue, sewage, garbage,
			 sewerage sludge, munitions, chemical wastes, biological materials, radioactive
			 materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
			 industrial, municipal, and agricultural waste discharged to water, and includes
			 any pollutant or other characteristic element which may result in pollution of
			 the waters of the State.
(6)
			 "Downgradient Detection Monitoring Point(s)" means the point or points at which
			 groundwater quality is monitored to immediately determine whether a pollutant
			 has been discharged to groundwater. The detection monitoring point is not
			 necessarily the same as the compliance point.
(7) "Existing Facility" means any facility or
			 activity operating under a Department approved permit on or before the
			 effective date of OAR
			 340-040-0030.
			 Such facilities or activities shall include those facilities specifically
			 exempted by statute from the permitting process.
(8) "Guidance Level" means the contaminant
			 concentration level used to evaluate the significance of a particular
			 contaminant in groundwater. A guidance level generally indicates when the
			 quality of groundwater may not be suitable for use as drinking water due to its
			 aesthetic characteristics.
(9)
			 "Natural Water Quality" means the water quality that would exist as a result of
			 conditions unaffected by human-caused pollution.
(10) "New Facility" means a facility or
			 activity authorized to operate under a Department approved permit for the first
			 time after the effective date of OAR
			 340-040-0030.
			 A new facility or activity includes changes in facility operation, disposal
			 technique, or other alterations which justify new conditions to and necessitate
			 major modifications of an existing permit.
(11) "Non-permitted Activity" means an
			 activity which is not regulated through a Department-approved permit which
			 could result in or has resulted in groundwater pollution. Unless speci-fically
			 exempted by statute, such activities shall include but not be limited to
			 spills, releases and past practices which either are not subject to a permit or
			 are subject to a permit but were not permitted at the time of the
			 release.
(12) "Nonpoint Sources"
			 refers to diffuse or unconfined sources of pollution where contaminants can
			 either enter into -- or be conveyed by the movement of water to -- public
			 waters.
(13) "Permitted Operation"
			 means any facility or activity which emits, discharges, or disposes of wastes
			 or otherwise operates in accordance with specified limitations set forth in a
			 written permit issued by the Department.
(14) "Point Source" means any confined or
			 discrete source of pollution where contaminants can either enter into -- or be
			 conveyed by the movement of water to -- public waters.
(15) "Pollution" has the meaning set forth
			 for "pollution" as defined in the Water Pollution Control Statute ORS
			 468.700(3) and means such alteration of the physical, chemical or biological
			 properties of any waters of the state, including change in temperature, taste,
			 color, turbidity, silt or odor of the waters, or such discharge of any liquid,
			 gaseous, solid, radioactive or other substance into any waters of the state,
			 which will or tends to, either by itself or in connection with any other
			 substance, create a public nuisance or which will or tends to render such
			 waters harmful, detrimental or injurious to public health, safety or welfare,
			 or to domestic, commercial, industrial, agricultural, recreational or other
			 legitimate beneficial uses or to livestock, wildlife, fish or other aquatic
			 life or the habitat thereof.
(16)
			 "Reference Level" means the contaminant concentration level used to evaluate
			 the significance of a particular contaminant in groundwater. A reference level
			 generally indicates when groundwater may not be suitable for human
			 consumption.
(17) "Uppermost
			 Aquifer" means the geologic formation, group of formations, or part of a
			 formation that contains the uppermost potentiometric surface capable of
			 yielding water to wells or springs, and may include fill material that is
			 saturated.
(18) "Wastes" means
			 sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive,
			 or other substances which will or may cause pollution or tend to cause
			 pollution of any water of the state.
(19) "Waste Management Area" means any area
			 where waste, or material that could become waste if released to the
			 environment, is located or has been located.
Stat. Auth.: ORS 468 & ORS 468B
Stats. Implemented: ORS 468.005, ORS 468B.005 & ORS
				  468B.150