OAR 340-044-0018: Authorization of Underground Injection by Rule

(1) A person is authorized by this rule to construct and operate an injection system if all of the following conditions are met: (a) The injection is not prohibited by OAR 340-044-0015 or by any other applicable local, state or federal law. (b) The owner or operator submits the inventory information required in OAR 340-044-0020 and registers the injection system with the Director in a format approved by the Director. (c) The injection does not cause the direct or indirect movement of contaminants into groundwater if the resulting concentration of that contaminant may cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act or may exceed background groundwater concentrations. (d) The injection system is listed in section (2) of this rule, or the owner or operator meets the requirements of section (3) of this rule, or the injection is allowed by section (4) of this rule. (e) The owner or operator complies in a timely manner with all requests for information made by the Director pursuant to OAR 340-044-0018(5) and 340-044-0020. (2) The following types of injection systems are authorized by this rule: (a) Class IV injection systems reinjecting treated groundwater into the same formation from which it was drawn as part of an environmental cleanup action if the injection is overseen by and has prior approval from the Environmental Protection Agency or the Director under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA), and meets the groundwater quality protection requirements of OAR 340-040. (b) Class V injection systems in compliance with other local, state or federal law only as follows: (A) On-site sewage disposal systems including standard, alternative or experimental systems receiving residential or non-residential sanitary waste. The authorization for underground injection under this rule does not exempt such systems from any construction permit or other permit required under OAR 340-071. Injection systems mixing sanitary waste with industrial waste, storm water or other wastes are not included. (B) On a case-by-case basis, wells returning low-temperature geothermal fluids into the same aquifer or one of equivalent quality. (C) Wells returning fluids to the supply aquifer after use for non-contact heating or cooling in heat pumps or air conditioning systems. (D) Injection systems injecting fluids, materials or treated groundwater as part of an environmental cleanup action if the injection is overseen by and has prior written approval from the Environmental Protection Agency or the Director under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), or OAR 340-122 Hazardous Substance Remedial Action Rules, and meets the groundwater quality protection requirements of OAR 340-040. (E) Injection systems injecting groundwater removed by dewatering activities and reinjected into the same aquifer. (F) Injection systems injecting storm water runoff from rooftops. Storm water shall drain directly from the roof into an injection system that does not accept, mix with or allow disposal of any other storm water or fluid. These injection systems are not subject to requirements in OAR 340-044-0018(3)(a)–(h). (G) Wells temporarily injecting fluids or other material for the purpose of maintaining a properly functioning water extraction well. (H) Wells injecting fluids to control subsidence or salt water intrusion. (3) Injection systems injecting storm water are authorized by this rule if the owner or operator is in compliance with the following requirements, as applicable: (a) Basic requirements for all storm water injection systems authorized by rule — Storm water injection systems authorized by this rule shall meet all the following requirements, and the owner or operator shall verify and shall submit with registration and inventory information a certification that: (A) No other waste, including agricultural drainage, industrial waste or sanitary waste, is mixed with storm water. (B) Site development, design, construction and management practices have minimized storm water runoff. (C) No other method of storm water disposal, including construction or use of surface discharging storm sewers or surface infiltration designs, is appropriate. An appropriate method shall protect groundwater quality and may consider management of surface water quality and watershed health issues. (D) No domestic drinking water wells are present within 500 feet of the injection system. (E) The injection system is not located within the 2 year time-of-travel zone as delineated by the Oregon Health Division or closer than 500 feet to a public water supply well, whichever is more protective. (F) No soil or groundwater contamination is present that will be impacted by the construction or use of a storm water injection system. The owner or operator shall immediately notify the Director if soil or groundwater contamination is discovered after initial inventory information submittal and certification. (G) The injection system does not exceed a depth of 100 feet and does not discharge directly into groundwater or below the highest seasonal groundwater level. (H) A confinement barrier or a natural or engineered filtration medium is present between the base of the injection system and the highest seasonal groundwater level and prevents contaminants from reaching groundwater, or the owner or operator implements best management practices that prevent or treat storm water contamination before injection. (I) The injection system is designed and operated in a manner that protects groundwater from accidentally or illicitly disposed wastes or contaminants, and can be temporarily blocked to prevent drainage into the injection system in the event of an accident or spill. (b) Municipal injection systems — For municipalities or other governmental units with 50 or more storm water injection systems, the owner or operator shall: (A) Submit the following with registration and inventory information, prior to construction of new injection systems or within 90 days of the effective date of this rule for existing and previously registered injection systems: (i) An evaluation of potential impacts of storm water injection on groundwater quality based on the storm water volume and quality, local geology, density of injection systems, injection system design, and drainage area land use. (ii) A plan and schedule to decommission existing storm water injection systems that do not meet the basic requirements in OAR 340-044-0018(3)(a), or a permit application for those injection systems. (B) Submit with registration and inventory information, prior to construction of new injection systems, a certification that the injection system does not receive storm water from areas where hazardous substances and toxic materials are used, handled or stored. For existing and previously registered municipal injection systems, this certification shall be submitted by July 1, 2002 or a permit application shall be submitted by that date. NOTE: Facilities owned by municipalities or other governmental units where hazardous substances and toxic materials are used, handled or stored are required to comply with OAR 340-044-0018(3)(d). (C) Prepare and implement, prior to construction of new injection systems or by July 1, 2002 for existing and previously registered injection systems, a written storm water management plan, based on current conditions and updated routinely, that includes the following: (i) Storm water system-wide assessment that includes the location and construction details of all injection systems and other storm water management controls, an evaluation of the land use and activities in all areas draining into the storm water injection systems, and an identification based on available information of areas within the drainage catchment where hazardous substances and toxic materials are used, handled or stored. (ii) System controls that include best management practices for source control and treatment, and shall include measures to prevent storm water drainage from areas where hazardous and toxic materials are used, handled or stored; a spill prevention and response plan; a maintenance plan and schedule; an employee and public education plan; and the identification of personnel or contractors responsible for implementing these plans. The maintenance plan shall specify the frequency of maintenance activities, including visual inspections and physical maintenance. (iii) Monitoring to evaluate the effectiveness of the best management practices in eliminating contamination prior to storm water injection into the subsurface. The monitoring plan shall use information developed in the system-wide assessment to identify representative locations and types of best management practices that will be routinely monitored and sampled. At a minimum, sampling shall be conducted twice within the first 12 months of implementation of the storm water management plan, followed by annual sampling during a representative storm event at the onset of wet weather conditions. Criteria for selection of representative storm events shall follow available guidance protocols. Grab samples shall be collected at the last available sampling point prior to storm water injection into the subsurface. Sampling protocols shall follow standard quality assurance and quality control (QA/QC) procedures for environmental sampling and shall use analytical methods that achieve detection limits that are below drinking water standards or risk-based levels. Samples shall be analyzed for contaminants of concern identified in the system-wide assessment, and shall at a minimum include benzene, ethylbenzene, toluene, xylenes, benzo(a)pyrene, lead (unfiltered), total chromium (unfiltered), cadmium (unfiltered), total nitrogen and fecal coliform bacteria. (iv) A plan for record keeping and reporting. Monitoring and sampling results shall be available for review on request. (D) On or before June 30, 2004, a summary report shall be submitted to the Director on the municipal storm water management plan implementation, monitoring and sampling with supporting records and laboratory documentation. The report shall also include an assessment of the effectiveness of best management practices. With approval from the Director, this assessment may be done as a regional or statewide study. (c) Municipal injection systems (small) — For municipalities or other governmental units with fewer than 50 storm water injection systems, the owner or operator shall: (A) Submit with registration and inventory information, prior to construction of new injection systems, a certification that the injection system does not receive storm water from areas where hazardous substances and toxic materials are used, handled or stored. For existing and previously registered municipal injection systems, this certification shall be submitted by July 1, 2002 or a permit application shall be submitted by that date. (B) Prepare and implement, prior to construction of new injection systems or by July 1, 2002 for existing and previously registered injection systems, a written storm water management plan, based on current conditions and updated routinely, that uses best management practices including operational and structural source controls that minimize and prevent pollution from entering storm water and treatment that removes pollutants contained in storm water runoff. The storm water management plan shall include a system-wide assessment; plans for operational control measures including spill prevention, spill response, maintenance, employee and public education; and routine evaluation of the effectiveness of the storm water management plan. (d) Industrial and commercial facilities — For industrial and commercial facilities including facilities owned by municipalities or other governmental units where hazardous substances, toxic materials and petroleum products are used, handled or stored, the storm water draining into the injection system shall not be exposed to these materials. Storm water is not exposed to hazardous substances, toxic materials and petroleum products if all manufacturing, processing and material handling activities and those areas of an industrial or commercial facility associated with such activities are protected by a storm resistant shelter to prevent contact with rain, snow, snowmelt and/or runoff. The owner or operator of the facility shall: (A) Submit with registration and inventory information, prior to construction of new injection systems or within 180 days of the effective date of this rule for existing and previously registered injection systems, a certification that storm water is not exposed to industrial activities and hazardous substances and toxic materials, and shall renew this certification every 5 years. The certification shall include: (i) Site assessment information including location and type of industrial activities, types and location of all hazardous substances and toxic materials on-site, description and location of all storm water discharges, and methods used to prevent storm water exposure to industrial activities and hazardous substances and toxic materials. (ii) Analytical results from a representative grab sample collected from the injection system prior to discharge into the subsurface. Samples shall be analyzed for priority pollutants listed in Appendix A to 40 CFR Part 423, total nitrogen, fecal coliform bacteria, and any other potential contaminants identified in the site assessment. Sample analysis for re-certification may be modified with approval from the Director. (iii) A list of site control measures and best management practices that are implemented at the facility including spill prevention and response plans, injection system maintenance plan and schedule, employee education plan, monitoring plan, and dates of revisions to such plans. (iv) A list and date of all accidents, spills or releases of the materials identified in (i) and all response actions taken. (B) Prepare and implement, prior to construction of new injection systems or within 180 days of the effective date of this rule for existing and previously registered injection systems, a written storm water management plan, based on current conditions and updated routinely, that includes the following: (i) Site assessment that includes the location and construction details of all injection systems and other storm water management controls, an evaluation of the use and activities of all areas of the facility exposed to storm water, and the identification and location of all hazardous substances and toxic materials that are used, handled or stored at the facility. (ii) Site controls that include best management practices implemented at the facility for source control and treatment. Best management practices shall include measures to segregate areas of hazardous and toxic material storage or handling from storm water run-off and run-on, a spill prevention and response plan, a maintenance plan and schedule, an employee education plan, and the identification of personnel or contractors responsible for implementing these plans. Minimum maintenance activities shall include monthly visual inspections and semi-annual physical maintenance of all injection systems. (iii) Monitoring to evaluate the effectiveness of the best management practices in eliminating contamination prior to injection into the subsurface. The monitoring plan shall use information developed in the site assessment to identify locations that will be routinely monitored. At a minimum, sampling shall be conducted twice within the first 12 months of implementation of the storm water management plan, followed by annual sampling during a representative storm event at the onset of wet weather conditions. Samples shall be collected within the first 30 minutes of discharge from a storm greater than 0.1 inches in accumulation that is preceded by 72 hours of dry weather. An alternate protocol for sampling may be utilized if approved by the Director. Grab samples shall be collected at the last available sampling point prior to storm water injection into the subsurface. Sampling protocols shall follow standard quality assurance and quality control (QA/QC) procedures for environmental sampling and shall use analytical methods that achieve detection limits that are below drinking water standards or risk-based levels. Samples shall be analyzed for contaminants of concern identified in the site assessment and all contaminants detected in the certification analysis required in OAR 340-044-0018(3)(d)(A). (iv) A list of reference levels to which monitoring data will be compared. Reference levels shall be selected as the primary and secondary drinking water maximum contaminant levels (MCLs) if available, or acceptable risk-based concentrations for drinking water beneficial use. A reference level for microorganisms is not required. If monitoring results exceed reference levels, the owner or operator shall review best management practices for source control and treatment and shall implement appropriate corrective measures to minimize contaminants from storm water prior to injection. (v) A plan for record keeping and reporting. Results of all sampling must be available on-site. Any monitoring results that exceed reference levels shall be reported to the Director within 30 days after receipt of sampling results, along with any action and follow-up control measures taken by the owner or operator to prevent further releases of contaminants into the injection system. (e) Industrial and commercial facilities with no hazardous substances — For industrial and commercial facilities including facilities owned by municipalities or other governmental units where hazardous substances and toxic materials are not used for industrial activities or handled or stored above reportable quantities or commercial consumer quantities, the owner or operator shall: (A) Submit with registration and inventory information, prior to construction for new injection systems or within 90 days of the effective date of this rule for existing and previously registered injection systems, and every 5 years after, a certification that hazardous substances and toxic materials are not used, handled or stored at the facility. (B) Prepare and implement, prior to construction for new injection systems or within 180 days of the effective date of this rule for existing and previously registered injection systems, a written storm water management plan based on current conditions and updated routinely, that uses best management practices including operational and structural source controls that minimize and prevent pollution from entering storm water and treatment that removes pollutants contained in storm water runoff. The storm water management plan shall include a system assessment; plans for operational control measures including spill prevention, spill response, maintenance and employee education; and routine evaluation of the effectiveness of the storm water management plan. (f) Industrial, commercial and residential facilities with large parking lots and/or high traffic areas — For industrial, commercial and residential facilities or facilities owned by municipalities or other governmental units with parking lots and/or traffic areas handling an average of 1000 or more vehicles trips per day and not subject to OAR 340-044-0018(3)(d), the owner or operator shall: (A) Submit with registration and inventory information, prior to construction for new injection systems or within 90 days of the effective date of this rule for existing and previously registered injection systems, and every 5 years after, a certification that the storm water is not exposed to industrial activities or areas where hazardous substances and toxic materials are used, handled or stored. (B) Prepare and implement, prior to construction for new injection systems or within 180 days of the effective date of this rule for existing and previously registered injection systems, a written storm water management plan, based on current conditions and updated routinely, that includes the following: (i) Site assessment that includes the location and construction details of all injection systems and other storm water management controls, an evaluation of the use and activities of all areas draining into the storm water system, and an evaluation based on available information of areas at high risk for accidental or illicit disposal of wastes or contaminants. (ii) Site controls that include best management practices for source control and treatment, and shall include measures to eliminate storm water drainage from areas with high risk for accidental or illicit disposal, a spill prevention and response plan, a maintenance plan and schedule, an employee and public education plan, and the identification of personnel or contractors responsible for implementing these plans. Minimum maintenance activities shall include monthly visual inspections and semi-annual physical maintenance of all injection systems. (iii) Monitoring to evaluate the effectiveness of the storm water management plan in eliminating contaminants prior to storm water injection into the subsurface. The monitoring plan shall use information developed in the site assessment to identify representative locations that will be routinely monitored. At a minimum, sampling shall be conducted twice within the first 12 months of implementation of the monitoring plan, followed by annual sampling during a representative storm event at the onset of wet weather conditions. Samples shall be collected within the first 30 minutes of discharge from a storm greater than 0.1 inches in accumulation that is preceded by 72 hours of dry weather. An alternate protocol for sampling may be utilized if approved by the Director. Grab samples shall be collected at the last available sampling point prior to storm water injection into the subsurface. Sampling protocols shall follow standard quality assurance and quality control (QA/QC) procedures for environmental sampling and shall use analytical methods that achieve detection limits that are below drinking water standards or risk-based levels. Samples shall be analyzed for contaminants of concern identified in the site assessment, and shall at a minimum include analyses for benzene, ethylbenzene, toluene, xylenes, benzo(a)pyrene, lead (unfiltered), total chromium (unfiltered), cadmium (unfiltered), total nitrogen and fecal coliform bacteria. (iv) A list of reference levels to which monitoring data will be compared. Reference levels shall be selected as the primary and secondary drinking water maximum contaminant levels (MCLs) if available, or acceptable risk-based concentrations for drinking water beneficial use. A reference level for microorganisms is not required. If monitoring results exceed reference levels, the owner or operator shall review best management practices for source control and treatment and shall implement appropriate corrective measures to minimize contaminants from storm water prior to injection. (v) A plan for record keeping and reporting. Results of all sampling must be available for review on request by the Director. Any monitoring results that exceed reference levels shall be reported to the Director within 30 days after receipt of sampling results, along with any action and follow-up control measures taken by the owner or operator to prevent further releases of contaminants into the injection system. (g) Industrial and commercial facilities with small parking lots — For industrial and commercial facilities or facilities owned by municipalities or other governmental units with parking lots or traffic areas handling an average of less than 1000 vehicle trips per day, the owner or operator shall: (A) Submit with registration and inventory information, prior to construction for new injection systems or within 90 days of the effective date of this rule for existing and previously registered injection systems, a certification that the storm water is not exposed to industrial activities or areas where hazardous substances and toxic materials are used, handled or stored. (B) Prepare and implement, prior to construction for new injection systems or within 180 days of the effective date of this rule for existing and previously registered injection systems, a written storm water management plan or implement an appropriate storm water management plan approved by the Director, based on current conditions and updated routinely, that uses best management practices including operational and structural source controls that minimize and prevent pollution from entering storm water and treatment that removes pollutants contained in storm water runoff. The storm water management plan shall include a system assessment; plans for operational control measures including spill prevention, spill response, maintenance, and education; and routine evaluation of the effectiveness of the best management practices in eliminating contamination. (h) Residential — For residential properties, parking lots, or driveways, the owner or operator shall: (A) Use injection system designs that prevent storm water contamination and remove pollutants including petroleum products, metals, fertilizers, pesticides, herbicides, fecal coliform bacteria and animal waste. (B) Use best management practices to prevent and/or treat storm water contamination that shall assure that the injection system does not discharge contaminated storm water. Best management practices include operation and maintenance of the injection system with monthly visual inspection and semi-annual maintenance. (i) The Director at any time may request and review any and all information and elements of a storm water management plan. The Director may determine that results of monitoring or exceedances of reference levels require regulation of the injection system under a permit or may determine that enforcement action is warranted. The Director may determine that the volume and quality of storm water injection and cumulative impact of multiple storm water injection systems has the potential to cause contaminant concentrations in groundwater to exceed those concentrations found in background groundwater or impact other sensitive waters of the state, and may require the owner or operator to apply for a permit as specified in OAR 340-044-0035. (4) Additional Class V injection systems may be authorized by rule on a case-by-case basis if the requirements of section (1)(a), (b) and (c) of this rule are met. (5) The Director may require the owner or operator of an injection system authorized by this rule to submit information to determine whether the injection system may cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act or may exceed those concentrations found in groundwater that is unaffected by the facility. The owner or operator shall submit this information within the time frame provided in the request for information. The owner or operator is prohibited from injecting into the injection system if the owner or operator does not comply with the request for information within the specified time frame. Information requirements may include, but are not limited to: (a) Performance of groundwater monitoring and the periodic submission of monitoring reports; (b) An analysis of injected fluids, and periodic submission of analytical reports; and (c) A description of the subsurface geology in the area of the injection system. [Publications: Publications referenced are available from the agency.]