OAR 340-150-0620: Approval of More Stringent Performance Standards

(1) Any unit of local government may petition the department for more stringent UST performance standards for UST systems in the vicinity of an underground water source. Administrative rules for more stringent performance standards may be proposed for adoption by the commission where the department finds that it is necessary to protect the underground water resource through more stringent UST performance standards. (2) The petition must be made to the department in writing and must include the following information: (a) A description of the underground water resource including, but not limited to: (A) The geographical limits of the area where more stringent UST performance standards are required; (B) The geographical limits of the groundwater recharge zone; (C) The geographical limits of the underground water resource; (D) The geology within both the recharge zone and the underground water resource; (E) The location, size and present use of wells within the limits of the underground water resource; and (F) The estimated capacity of the underground water resource. (b) A description of the existing threats to the groundwater resource including, but not limited to: (A) Location, type and number of USTs; (B) Agricultural effluent and rainwater runoff; (C) Industrial effluent and rainwater runoff; and (D) Rainwater runoff from roads and parking lots. (c) A description of the UST performance standards required, including UST technical standards, operating standards and administrative procedures; and (d) A description of the emergency conditions, if the petitioner requests adoption of emergency rules. (3) Within 60 days after receiving the petition, the department will review the petition for completeness and request any additional information needed. The department will notify the petitioner in writing when the petition is complete. (4) Within 120 days after the petition is complete, the department will recommend to the commission that: (a) The department initiate rulemaking to implement the performance standards requested; or (b) The petition be denied if the department finds that more stringent UST performance standards are not necessary to protect the underground water resource.