OAR 340-040-0060: Non-Permitted Activities

Non-permitted activities shall include, but not be limited to, spills, releases and past practices from activities that are not subject to a permit and activities that are subject to a permit but were not permitted at the time of the release. (1) Except as provided otherwise under statutory or administrative authorities, when a non-permitted activity could result in or has resulted in the pollution of groundwater the Department may require the liable person to: (a) Conduct a remedial investigation and feasibility study pursuant to OAR 340-040-0040; (b) Implement remedial action pursuant to OAR 340-040-0050. (2) In conducting the remedial investigation and feasibility study, and selecting the remedial action under the requirements contained in OAR 340-040-0040 and 340-040-0050, the concentration limits will be established at background water quality levels. (3) Clean-up levels for non-permitted activities will be established by the procedures contained in OAR 340-040-0040 and 340-040-0050 which include evaluations of practicability as contained in OAR 340-040-0050(1)(b).