Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 40 - GROUNDWATER QUALITY PROTECTION › Section 340-040-0020 - General Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Groundwater is a critical natural resource providing domestic, industrial, and
			 agricultural water supply; and other legitimate beneficial uses; and also
			 providing base flow for rivers, lakes, streams, and wetlands.
(2) Groundwater, once polluted, is difficult
			 and sometimes impossible to clean up. Therefore, the EQC shall employ an
			 anti-degradation policy to emphasize the prevention of groundwater pollution,
			 and to control waste discharges to groundwater so that the highest possible
			 water quality is maintained.
(3)
			 All groundwaters of the state shall be protected from pollution that could
			 impair existing or potential beneficial uses for which the natural water
			 quality of the groundwater is adequate. Among the recognized beneficial uses of
			 groundwater, domestic water supply is recognized as being the use that would
			 usually require the highest level of water quality. Existing high quality
			 groundwaters which exceed those levels necessary to support recognized and
			 legitimate beneficial uses shall be maintained except as provided for in these
			 rules.
(4) Numerical groundwater
			 quality reference levels and guidance levels are listed in Tables 1 through 3
			 of this Division. [Note: View a PDF of the tables by clicking on the "Tables"
			 link that follows this rule.] These levels have been obtained from the Safe
			 Drinking Water Act, and indicate when groundwater may not be suitable for human
			 consumption or when the aesthetic quality of groundwater may be impaired. They
			 will be used by the Department and the public to evaluate the significance of a
			 particular contaminant concentration, and will trigger necessary regulatory
			 action. These levels should not be construed as acceptable groundwater quality
			 goals because it is the policy of the EQC to maintain and preserve the highest
			 possible water quality.
(5) For
			 pollutant parameters for which numerical groundwater quality reference levels
			 or guidance levels have not been established, 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.
(6)
			 The Department shall develop, implement and conduct a comprehensive groundwater
			 quality protection program. The program shall contain strategies and methods
			 for problem prevention, problem abatement and the control of both point and
			 nonpoint sources of groundwater pollution. The Department shall seek the
			 assistance of federal, state, and local governments in implementing the
			 program.
(7) In order to assure
			 maximum reasonable protection of public health, the public shall be informed
			 that groundwater, and most particularly local flow systems or water table
			 aquifers, may not be suitable for human consumption due either to natural or
			 human-caused pollution problems, and shall not be assumed to be safe for
			 domestic use unless quality testing demonstrates a safe supply. The Department
			 shall work cooperatively with the Water Resources Department and the Health
			 Division in identifying areas where groundwater pollution may affect beneficial
			 uses.
(8) It is the policy of the
			 EQC that groundwater quality be protected throughout the state. The Department
			 will concentrate its groundwater quality protection implementation efforts in
			 areas where practices and activities have the greatest potential for degrading
			 groundwater quality, and where potential groundwater quality pollution would
			 have the greatest adverse impact on beneficial uses.
(9) The Department, as lead agency for
			 groundwater quality protection, shall work cooperatively with the Water
			 Resources Department, the lead agency for groundwater quantity management, to
			 characterize the physical and chemical characteristics of the aquifers of the
			 state. The Department will seek the assistance and cooperation of the Water
			 Resources Department to design an ambient monitoring program adequate to
			 determine representative groundwater quality for significant groundwater flow
			 systems. The Department shall assist and cooperate with the Water Resources
			 Department in its groundwater studies. The Department shall also seek the
			 advice, assistance, and cooperation of local, state, and federal agencies to
			 identify and resolve ground-water quality problems.
(10) It is the intent of the EQC to see that
			 groundwater problems associated with area-wide on-site sewage disposal are
			 corrected by developing and implementing area-wide abatement plans. In order to
			 accomplish this, all available and appropriate statutory and administrative
			 authorities will be utilized, including but not limited to: permits, special
			 permit conditions, penalties, fines, EQC orders, compliance schedules,
			 moratoriums, Department orders, and geographic area rules (OAR 340-071-0400).
			 It is recognized, however, that in some cases the identification, evaluation
			 and implementation of abatement measures may take time and that continued
			 degradation may occur while the plan is being developed and implemented. The
			 EQC may allow short-term continued degradation only if the beneficial uses,
			 public health, and groundwater resources are not significantly affected, and
			 only if the approved abatement plan is being implemented on a schedule approved
			 by the Department.
(11) In order to
			 minimize groundwater quality degradation potentially resulting from point
			 source activities, point sources shall employ the highest and best practicable
			 methods to prevent the movement of pollutants to groundwater. Among other
			 factors, available technologies for treatment and waste reduction, cost
			 effectiveness, site characteristics, pollutant toxicity and persistence, and
			 state and federal regulations shall be considered in arriving at a case-by-case
			 determination of highest and best practicable methods that protect public
			 health and the environment.
(12) In
			 regulating point source activities that could result in the disposal of wastes
			 onto or into the ground in a manner which allows potential movement of
			 pollutants to groundwater, the Department shall utilize all available and
			 appropriate statutory and administrative authorities, including but not limited
			 to: permits, fines, EQC orders, compliance schedules, moratoriums, Department
			 orders, and geographic area rules. Groundwater quality protection requirements
			 shall be implemented through the Department's Water Pollution Control Program,
			 Solid Waste Disposal Program, On-Site Sewage Disposal System Construction
			 Program, Hazardous Waste Facility (RCRA) Program, Underground Injection Control
			 Program, Emergency Spill Response Program, or other programs, whichever is
			 appropriate.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: 468B & ORS 468
Statutes/Other Implemented: ORS
				  468.020,
				  468.035,
				  468B.155  & 468B.165