OAR 340-044-0035: Authorization by Permit

(1) No person shall construct, place in operation or operate any allowable underground injection system without first obtaining a permit from the Director or an authorized representative unless the system is excluded by OAR 340-044-0013 or is authorized by rule according to OAR 340-044-0018. (2) Permits shall not be issued for construction, maintenance or use of an underground injection system where any other treatment or disposal method that affords better protection of public health or water quality is reasonably available or possible. (3) In no case shall a permit to construct or operate an injection system be issued if the injection activity will cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act or does not comply with the groundwater protection requirements of OAR 340-040. (4) Permits for construction or use of underground injection systems shall be developed in accordance with OAR 340-045, 340-040 and 340-071; 690-230 for low-temperature geothermal wells, OAR 690-350 for aquifer storage and recovery wells, OAR 632-010 for oil and gas wells or 632-020 for geothermal wells as appropriate; and any other applicable state rule. Permits for aquifer storage and recovery wells shall be issued by the Oregon Water Resources Department. (5) Permits shall be developed in conformance with applicable federal laws including the Wild and Scenic Rivers Act, the National Historic Preservation Act of 1966, the Endangered Species Act, the Coastal Zone Management Act, the Fish and Wildlife Coordination Act, and other Executive orders.