OAR 340-040-0200: Wellhead Protection: Decertification Procedure

(1) If the signatories to a Wellhead Protection Plan do not recertify or submit for recertification their previously certified Wellhead Protection Plan, then the Plan is automatically decertified until such time as the signatories of the Plan recertify the Plan through the update procedure per OAR 340-040-0190. (2) Any Responsible Management Authority that is a signatory to a certified Plan shall have the ability to withdraw from participation in a Wellhead Protection Plan and the certification process. The Department shall review the plan to determine if the plan is still certifiable without the participation of the withdrawing Responsible Management Authority. (3) A plan can also be decertified by the Department if it comes to the Department’s attention that a signatory to a plan is not or has not adhered to and implemented the certified Plan. (4) To decertify a Wellhead Protection Plan, the Department will send a certified letter to all signatories to the Plan detailing the reason(s) why the Department believes the certified Plan is or was not being followed or is no longer valid and the Department’s intent to decertify the Plan: (a) The signatories to the Plan will have 30 days to respond as to why their Plan should not be decertified; (b) The Department will review the signatories response and make a determination as to whether the Plan is still certifiable; (c) The Department will then send a copy of its decision to all signatories of the Plan. (5) The Department will afford the remaining signatories the opportunity to maintain the certification, provided withdrawal by a Responsible Management Authority does not render the Plan uncertifiable, by notifying the Department and all other Responsible Management Authorities within the Wellhead Protection Area that they will continue to implement the plan as certified in their respective jurisdictions.