OAR 340-040-0030: Permitted Operations

(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). (B) Sample Collection and Analysis: (i) Parameters to be Sampled; (ii) Sampling Frequency and Duration; (iii) Sample Collection Methods; (iv) Sample Handling and Chain of Custody; (v) Analytical Methods; (vi) Acceptable Minimum Reporting Levels; (vii) Quality Assurance and Quality Control Plan. (C) Data Analysis Procedure: (i) Statistical Analysis Method; (ii) Frequency of Analysis. (b) Reporting Requirements. The facility permit shall specify monitoring and assessment reporting requirements; (c) Background Monitoring Point(s) Requirements. The permittee shall monitor the background water quality of the uppermost aquifer. The background monitoring point(s) shall be located where water quality is unaffected by facility operation; (d) Downgradient Detection Monitoring Point(s) Requirements. The permittee shall monitor the aquifer directly downgradient from the waste management area to ensure immediate detection of waste released to groundwater. This shall be known as the downgradient detection monitoring point(s); (e) Compliance Point(s) Requirements. The Department shall specify the location at which groundwater quality parameters must be at or below the permit-specific concentration limits. Unless otherwise specified by the Department, that location will be defined by a vertical plane located along the waste management area boundary. Any monitoring point on that plane is a compliance point. The compliance point(s) may not necessarily be the same as the downgradient detection monitoring point(s). (3) Concentration Limits. The facility permit shall specify the maximum contaminant concentration allowed at the compliance point(s). Unless otherwise established according to the variance procedure contained in section (4) of this rule, the Department shall set permit-specific concentration limits at new and existing facilities as established below: (a) Concentration Limit at Existing Facilities: The concentration limit at existing facilities shall be established by the Department on a case-by-case basis. The concentration limit at these facilities may be established at any level between background water quality levels and the numerical groundwater quality reference levels or guidance levels as listed in Tables 1 through 3 of this division unless the background water quality is above those numerical levels. If the background water quality exceeds those numerical levels, then the concentration limit shall be established at the background level. When a contaminant of concern has no numerical level listed in Tables 1 through 3 of this division, the permit-specific concentration limit shall not exceed background water quality levels; [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (b) Concentration Limit at New Facilities: The permit-specific concentration limits at new facilities shall be established at the background water quality levels for all contaminants. (4) Concentration Limit Variance: (a) Upon request by the permittee, Department, or permit applicant, and after opportunity for public review and comment, a concentration limit variance may be granted as an alternative to the permit-specific concentration limits specified in section (3) of this rule provided an existing, permit-specific concentration limit has not been exceeded at a compliance point; (b) The Director may grant such concentration limit variances for concentrations up to but not exceeding numerical groundwater quality reference levels contained in Tables 1 and 2 of this division; concentrations up to and above numerical groundwater quality guidance levels contained in Table 3 of this division; and concentrations for contaminants for which there are no reference or guidance levels in Tables 1 through 3 of this division. Concentration limit variances in excess of a numerical groundwater quality reference level listed in Tables 1 and 2 of this division may only be granted by the EQC; [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (c) The EQC or Director, as specified in subsection (4)(b) of this rule, may grant on a case-by-case determination a concentration limit variance for a pollutant provided no substantial present or potential hazard to human health or the environment is posed at that level. The party requesting the concentration limit variance shall provide all data required for consideration of the variance, and shall identify where gaps exist in the data for the required analysis. In establishing concentration limit variances, the EQC or Director shall consider the effects on groundwater quality, interconnected surface water quality, and associated effects on beneficial uses. Among others, the following factors shall be considered: (A) The physical and chemical characteristics of the pollutant and degradation products, including the potential for migration; (B) The hydrogeologic characteristics at the facility and the surrounding area; (C) The quantity of groundwater and the direction of groundwater flow; (D) The proximity and withdrawal rates of groundwater users; (E) The current and future uses of groundwater in the area; (F) The existing quality of the groundwater, including other sources of pollution and their cumulative impact on water quality; (G) The potential for health risks caused by exposure to the pollutant and its degradation products; (H) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to the pollutant and its degradation products; (I) The persistence and permanence of potential adverse effects of the contaminant and its degradation products; (J) The proximity and interconnections with surface water in the area; (K) The potential effect on interconnected surface water; (L) The potential effect of the pollutant and its degradation products on ecosystems of the area; and (M) The comparative feasibility and cost of obtaining the permit-specific concentration limit and the concentration limit variance. (5) Action Requirements: (a) Resampling: If monitoring indicates a significant increase (increase or decrease for pH) in the value of a parameter monitored, the permittee shall immediately resample. If the resampling confirms the change in water quality, the permittee shall: (A) Report the results to the Department within 10 days of receipt of the laboratory data; and (B) Prepare and submit to the Department within 30 days a plan for developing a preliminary assessment unless another time schedule is approved by the Department. (b) Preliminary Assessment Plan: The preliminary assessment plan must provide for an assessment of the source, extent, and potential migration of the pollution; a time schedule for the implementation of the preliminary assessment plan activities; and an evaluation of whether or not action will be necessary to remain within the concentration limit at the Department approved compliance point(s); (c) Preventive Action: In order to prevent additional ground-water pollution from occurring, the Department shall require the utilization of all available and reasonable technology to decrease or prevent the release of additional contaminants when a significant change in water quality has occurred at a detection monitoring point. (6) Remedial Action Requirements: (a) If the monitoring indicates a concentration limit for a contaminant other than those listed in Table 3 of this division is violated at a compliance point, the Department shall require a remedial investigation and feasibility study be conducted by the permittee pursuant to the requirements contained in OAR 340-040-0040, and remedial action conducted pursuant to the requirements contained in OAR 340-040-0050; [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] (b) If the monitoring indicates a concentration limit for a contaminant listed in Table 3 of this division is violated at a compliance point and if the permittee demonstrates to the Director’s satisfaction that beneficial uses are being protected, the permittee will not be required to conduct a remedial investigation and feasibility study in accordance with OAR 340-040-0040, or to conduct remedial action pursuant to the requirements contained in OAR 340-040-0050. However, if the Director determines that beneficial uses are not being protected, the Department shall require adequate remedial investigation necessary to characterize the extent of the pollution, and shall also require appropriate remedial action to protect beneficial uses. [Note: View a PDF of the tables by clicking on the "Tables" link at the end of OAR 340-040-0020.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]