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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 44

CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS OR OTHER
UNDERGROUND INJECTION ACTIVITIES
(UNDERGROUND INJECTION CONTROL)

 

 

340-044-0005

Definitions

As used in these regulations unless the context requires otherwise:

(1) "Absorption Facility" means a system receiving the flow from septic tanks or other treatment units to distribute wastewater for oxidation and absorption by the soil within the zone of aeration.

(2) "Aquifer" means an underground zone holding water that is capable of yielding a significant amount of water to a well or spring.

(3) "Aquifer Storage and Recovery" means the storage of water from a separate source that meets drinking water standards in a suitable aquifer for later recovery and not having as one of its primary purposes the restoration of the aquifer.

(4) "Authorized Representatives" means the staff of the Department or of the local unit of government performing duties for and under agreement with the Department as authorized by the Director to act for the Department.

(5) "Best Management Practices (BMPs)" for storm water means schedules of activities, prohibitions of practices, maintenance procedures or other management practices to prevent or reduce the pollution of waters of the state. BMPs for storm water may include operational and structural source controls that minimize and prevent contaminants from entering storm water as well as treatment BMPs that remove contaminants contained in storm water runoff before disposal or discharge.

(6) "Cesspool" means a receptacle that receives sewage, allows separation of solids and liquids, retains the solids and allows liquids to seep into the surrounding soil through perforations in the lining or an open bottom.

(7) "Commercial" means a type of business activity that may distribute goods or provide services, but does not involve the manufacturing, processing or production of goods.

(8) "Confinement Barrier" means a naturally occurring zone in subsurface soil or bedrock that prevents the movement of liquids and contaminants into the underlying groundwater aquifer and which may act as a confining unit to an underlying groundwater aquifer.

(9) "Construction" includes installation, alteration, repair or extension.

(10) "Contaminant" means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in groundwater or that occurs naturally but at a lower concentration.

(11) "Contamination" means introduction of a contaminant.

(12) "Department" means the Department of Environmental Quality.

(13) "Director" means the Director of the Department of Environmental Quality or the Director's authorized designee.

(14) "Drywell" means a well, other than a subsurface fluid distribution system, completed so that its bottom and sides are typically dry except when receiving fluids.

(15) "Fluid" means any material or substance that flows or moves whether in a semisolid, liquid, sludge, gas or any other form or state.

(16) "Governmental Unit" means the state or federal government or any agency thereof.

(17) "Groundwater Point Source" means any confined or discrete source of pollution where contaminants can either enter into, or be conveyed by the movement of water, to public waters.

(18) "Hazardous Substance" means:

(a) Hazardous waste.

(b) Any substance defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act.

(c) Oil or petroleum products.

(d) Any substance designated by the Environmental Quality Commission under ORS 465.400.

(19) "Hazardous Waste" means a waste as defined in ORS 466.005 or 40 CFR 261.3.

(20) "Improved Sinkhole" means a naturally occurring depression, rock fracture, or other natural crevice, found in volcanic or other types of bedrock formations, that has been modified for the purpose of directing and emplacing fluids into the subsurface.

(21) "Industrial Activities" for the purpose of storm water injection control means, but is not limited to, manufacturing, processing and material handling activities and those areas of an industrial facility associated with such activities. Material handling activities include the storage, loading and unloading, transport or conveyance of any raw material, intermediate product, final product or waste product, and specifically includes hazardous substances, toxic materials and petroleum products.

(22) "Industrial Waste" means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources.

(23) "Injection" or "Underground Injection" means the emplacement or discharge of fluids into the subsurface.

(24) "Injection System" or "Underground Injection System" means a well, improved sinkhole, sewage drain hole, subsurface fluid distribution system or other system or groundwater point source used for the subsurface emplacement or discharge of fluids.

(25) "Low-Temperature Geothermal Fluid" means any groundwater used for its thermal characteristics that is encountered in a well with a bottom hole temperature of less than 250 degrees Fahrenheit.

(26) "Mine Backfill" means mine tailings, sand or other solids with fluids used to fill mined-out portions of subsurface mines.

(27) "Municipal Sanitary Sewer Service" means a sanitary waste collection, transmission or treatment facility owned and operated by a municipality.

(28) "Municipality" means any county, city, special service district, or other governmental entity.

(29) "North American Industry Classification System" or "NAICS" means the system used for classifying businesses and reporting industry statistics adopted in 1997 for United States federal agency implementation that replaces the Standard Industrial Code (SIC) system.

(30) "On-Site Sewage Disposal System" means a sewage disposal system such as a standard subsurface, alternative or experimental system as defined in OAR 340-071 that is installed on land of the owner of the system or on other land on which the owner of the system has the legal right to install the system.

(31) "Owner or Operator" means any person who alone, or jointly, or severally with others:

(a) Owned, leased, operated, controlled or exercised significant control over the operation of a facility;

(b) Has legal title to any lot, dwelling, or dwelling unit;

(c) Has care, charge, or control of any real property as agent, executor, executrix, administrator, administratix, trustee, lessee or guardian of the estate of the holder of legal title; or

(d) Is the contract purchaser of real property.

(32) "Permit" means a written authorization from the Director or the Director's authorized designees to discharge wastes or construct, install, modify or operate a disposal system. A Water Pollution Control Facilities (WPCF) permit is one type of permit.

(33) "Person" means the United States and agencies thereof, any state, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever.

(34) "Pollution" means alteration of the physical, chemical or biological properties of any waters of the state, including changes in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

(35) "Radioactive Waste" means waste as defined in ORS 469.300 or that contains radioactive material in concentrations that exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2.

(36) "Sanitary Waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations and sinks or washing machines where food and beverage serving dishes, glasses and utensils are cleaned. Sources of these wastes may include, but are not limited to, single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities and industrial facilities provided the waste is not mixed with industrial waste. The combination of industrial waste and sewage is not considered sanitary waste.

(37) "Seepage Pit" means a type of absorption facility that is a covered pit with an open-jointed lining through which septic tank effluent may seep or leach into surrounding soil.

(38) "Septic System" means a system used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution or disposal system.

(39) "Sewage" means the water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration, surface water or industrial waste as may be present.

(40) "Sewage Drain Hole" or "Sewage Drill Hole" means a drilled, hammered or blasted borehole or natural lava crack or fissure used for sewage or sanitary waste disposal, and that may include a septic tank ahead of the disposal well.

(41) "Storm Water" means water from precipitation or snow melt that collects on or runs off outdoor surfaces such as buildings, roads, paved surfaces and unpaved land surfaces.

(42) "Subsurface Fluid Distribution System" means an assemblage of perforated pipes, drain tiles or other mechanisms intended to distribute fluids below the surface of the ground.

(43) "Surface Infiltration" means fluid movement from the ground surface into the underlying soil material without the use of a subsurface fluid distribution system or injection system.

(44) "Time-of-Travel" means the amount of time it takes groundwater to flow within an aquifer to a given well.

(45) "Toxic Material" means any material that will cause or can reasonably be expected to cause a hazard to aquatic, human or animal life.

(46) "Underground Source of Drinking Water" means an aquifer or groundwater source that supplies or potentially could supply drinking water for human consumption.

(47) "Vehicle Trips" means a one-direction vehicle movement either entering or exiting a facility.

(48) "Waste Disposal Well" means a well used to dispose of wastes.

(49) "Wastes" means sewage, industrial wastes, agricultural wastes, and all other liquid, gaseous, solid, radioactive or other substances which will or may cause pollution or tend to cause pollution of any waters of the state.

(50) "Waters of the State" or "Public Waters" means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(51) "Well" means a bored, drilled, driven or dug hole whose depth is greater than its largest surface dimension, an improved sinkhole, a sewage drain hole, or a subsurface fluid distribution system.

(52) "WPCF Permit" means a Water Pollution Control Facilities permit as defined in OAR 340-045 to construct and operate a disposal system with no discharge to navigable waters.

[Publications: Publications referenced in this rule are available from the agency.]

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.605 & ORS 468.005
Hist.: SA 41, f. 5-15-69; DEQ 35-1979, f. & ef. 12-19-79; DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0010

Policy, Purpose and Effective Date

(1) These rules set forth requirements for the State of Oregon Underground Injection Control (UIC) program adopted in conformance with Part C of the federal Safe Drinking Water Act (SDWA) in effect on the date of this rule adoption. It is the policy of the Environmental Quality Commission that the injection of wastes to the subsurface shall be limited and controlled in a manner that protects existing groundwater quality for current or potential beneficial uses including use as an underground source of drinking water.

(2) The injection of untreated or inadequately treated sewage or wastes to waste disposal wells and particularly to waste disposal wells in the lava terrain of Central Oregon constitutes a threat of serious, detrimental and irreversible pollution of valuable groundwater resources and a threat to public health. The policy of the Environmental Quality Commission is to restrict, regulate or prohibit the further construction and use of waste disposal wells in Oregon and to phase out completely the use of waste disposal wells as a means of disposing of untreated or inadequately treated sewage or wastes as rapidly as possible in an orderly and planned manner.

(3) These rules as adopted, amended and repealed by the Environmental Quality Commission on June 22, 2001 are effective on September 20, 2001. The rules previously in effect are effective and enforceable until September 20, 2001.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.607, ORS 468B.015, ORS 468B.080 & ORS 468B.160
Hist.: SA 41, f. 5-15-69; DEQ 35-1979, f. & ef. 12-19-79; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0011

Classification of Underground Injection Systems

Injection systems are classified as follows:

(1) Class I. Injection systems that inject hazardous waste, radioactive waste or other fluids beneath the lowermost formation containing an underground source of drinking water. This includes the disposal of fluids containing hazardous waste or radioactive waste into wells, drill holes, sinkholes and cesspools regardless of their capacity or flow rate.

(2) Class II. Injection systems that inject fluids:

(a) Produced by natural gas storage operations, or conventional oil or natural gas production;

(b) Used to enhance recovery of oil or natural gas; or

(c) For storage of hydrocarbons that are liquid at standard temperature and pressure.

(3) Class III. Injection systems that inject fluids for extraction of minerals or other natural resources including sulfur, uranium, metals, salts or potash by methods such as solution mining, in-situ production or stopes leaching.

(4) Class IV. Injection systems that inject hazardous waste or radioactive waste into or above a formation containing an underground source of drinking water. This includes the disposal of fluids containing hazardous waste or radioactive waste into septic systems, drill holes and cesspools regardless of their capacity or flow rate.

(5) Class V. Injection systems not included in Classes I, II, III or IV that inject fluids other than hazardous waste or radioactive waste into the subsurface. Types of Class V injection systems include, but are not limited to, the following:

(a) Sanitary waste injection systems that inject sanitary waste fluids into subsurface fluid distribution or injection systems such as septic systems, drainfields, disposal trenches, seepage pits, cesspools, or sewage drain holes or drill holes.

(b) Industrial/commercial injection systems that inject waste fluids from industrial or commercial business activities. Typical North American Industry Classification System (NAICS) industrial sectors that may produce waste fluids include manufacturing, agriculture, mining and transportation. Injection systems that combine or mix any amount of industrial or commercial wastewater or animal waste with storm water or sanitary waste are considered industrial/commercial injection systems.

(c) Fluid return injection systems that re-inject spent geothermal fluids into the source aquifer following extraction of heat energy or electric power generation, spent brines after extraction of salts, or non-contact heat pump and air conditioning return fluids. Irrigation return flows are not considered fluid return flows.

(d) Storm water injection systems that inject only storm water runoff from residential, commercial or industrial facilities or roadways.

(e) Groundwater management injection systems that inject fluids to manage groundwater quality, groundwater levels, groundwater flow, or groundwater quantity. Injection systems may be used for aquifer recharge, aquifer storage and recovery, subsidence control, saltwater intrusion control, aquifer remediation, aquifer characterization, water well maintenance, groundwater table management, landslide stabilization or special experimental purposes. In general, fluids being injected have water quality equivalent to the background groundwater, or have only localized effects around the well bore when used in aquifer remediation or water well maintenance, or are beneficial to the aquifer remediation.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050, ORS 468B.053 & ORS 468B.160
Hist.:DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0012

Authorization of Underground Injection

(1) Any underground injection activity, including the construction, modification, operation, or maintenance of any injection system, is prohibited unless it is:

(a) Excluded from this regulation in OAR 340-044-0013;

(b) Authorized by rule in OAR 340-044-0018 with inventory and registration information submitted to the Director; or

(c) Authorized by a permit issued by the Director or authorized representative.

(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 resources is reasonably available or possible.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050, ORS 468B.053 & ORS 468B.160
Hist.: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0013

Exclusions from Underground Injection Control Regulations

The following injection activities are not covered by OAR 340-044:

(1) Single family residential septic systems and cesspools; or non-residential septic systems and cesspools handling only human sanitary wastes and designed to serve less than 20 people per day or with a design flow of less than 2,500 gallons per day. Such systems are still subject to the requirements of OAR 340-071. This exclusion does not apply to sewage drain holes or drill holes.

(2) Injection for the purpose of storing hydrocarbons that are gases at standard pressure and temperature.

(3) Any dug, blasted or drilled hole or bored shaft that is not used for the subsurface emplacement of fluids.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050, ORS 468B.053 & ORS 468B.160
Hist.: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0014

Prohibition of Groundwater Contamination

(1) No person shall construct, operate, maintain, convert, plug or abandon any injection system or conduct any injection activity that allows the direct or indirect movement of fluids containing contaminants into groundwater if the presence of that contaminant may cause a violation of any primary drinking water regulation under the federal Safe Drinking Water Act, or fails to comply with groundwater quality protection requirements specified in OAR 340-040. The person owning or operating an injection system shall have the burden of showing that these requirements are met.

(2) If an injection activity has the potential to cause or causes a violation of primary drinking water regulations, adversely impacts groundwater quality or otherwise adversely affects human health or the environment, the owner or operator of the injection system shall:

(a) Take all appropriate action including closure of the injection system if necessary to prevent the violation;

(b) Apply for and obtain a permit if the injection activity was previously authorized by rule; and

(c) Be subject to enforcement action if appropriate.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 468.090 – ORS 468.140, ORS 468.943, ORS 468B.155, & ORS 468B.160
Hist.: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0015

Prohibited Underground Injection

(1) No person shall cause or allow the following types of Class I -- IV underground injection activities:

(a) Class I injection systems.

(b) Class II injection systems injecting fluids for liquid hydrocarbon storage. This does not prohibit the injection of fluids for conventional or enhanced oil or natural gas production, or fluids such as saltwater produced during oil or natural gas recovery.

(c) Class III injection systems injecting fluids for mineral or natural resource extraction.

(d) Class IV injection systems, except for wells reinjecting treated groundwater into the same formation from which it was drawn as part of a removal or remedial action if the injection has prior approval from the Environmental Protection Agency (EPA) or the Director under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA).

(2) No person shall cause or allow the following types of Class V injection systems injecting:

(a) Fluids into residential cesspools, or non-residential cesspools designed to serve 20 or more people per day or with a design flow of 2,500 gallons or more per day after April 5, 2005. Construction of new cesspools of any capacity is prohibited by OAR 340-071.

(b) Fluids from industrial or commercial processes that use hazardous substances or toxic materials including petroleum products. The Director may grant exceptions to this prohibition and issue a permit if:

(A) No other reasonable alternative to injection is available;

(B) Treatment of wastewater will remove hazardous substances and toxic materials to background groundwater quality levels prior to injection of wastewater; and

(C) Reliable and adequate treatment can be demonstrated with effluent monitoring and sampling prior to each batch injection of wastewater, and with groundwater monitoring for immediate detection of releases of inadequately treated wastewater.

(c) Fluids from industrial or commercial operation areas where hazardous substances or toxic materials including petroleum products are stored, used or handled, except as allowed in OAR 340-044-0018(3).

(d) Fluids directly from floor pits or floor drains at industrial or commercial facilities, including injection into subsurface fluid distribution systems.

(e) Motor vehicle waste from vehicle repair or maintenance activities.

(f) Industrial or municipal wastewater directly into an underground source of drinking water.

(g) Agricultural drainage.

(3) No person shall cause or allow Class V injection systems injecting sanitary waste, sewage, or industrial or commercial waste into sewage drain holes or sewage drill holes, except as allowed under OAR 340-044-0015(3)(b), 340-044-0017, or 340-044-0018(3).

(a) New sewage drain holes or sewage drill holes are prohibited.

(b) After January 1, 1983, use of existing sewage drain holes or sewage drill holes is prohibited unless municipal sanitary sewer service is not available to the property. Except for single family residences, use of an existing sewage drain hole must be authorized by a permit.

(A) Sanitary sewer service shall be deemed available to a property when:

(i) A sanitary sewer is extended to within 300 feet from the property boundary for a single family dwelling or other establishment with a maximum design flow of not more than 450 gallons per day, or 200 feet multiplied by the number of dwellings or dwelling equivalents for other establishments or greater flows, and

(ii) A sanitary sewer system is not under a connection permit moratorium and the system owner is willing or obligated to provide sewer service.

(B) Within 90 days after sanitary sewer service is available to a property, the owner of that property shall make connection to the sewer and shall abandon and decommission the sewage drain hole in accordance with OAR 340-044-0040. On a case-by-case basis, the Director may waive the requirement to connect to sewer if the Director determines that connection to the sewer is impracticable or unreasonably burdensome.

(c) No person shall modify any structure or change or expand any use of a structure or property that utilizes a sewage drain hole.

(4) After the effective date of these rules, no person shall construct, place in operation or operate any allowable injection system without first obtaining a permit from the Director, unless the injection system is authorized by rule under OAR 340-044-0018.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.215, ORS 454.615, ORS 454.645, ORS 454.655, ORS 454.675, ORS 468B.025, ORS 468B.050, ORS 468B.080 & ORS 468B.160
Hist.: SA 41, f. 5-15-69; DEQ 35-1979, f. & ef. 12-19-79; DEQ 22-1981, f. & ef. 9-2-81; DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0017

Repairs of Existing Sewage Drain Holes or Sewage Drill Holes

(1) No person shall repair or attempt to repair a plugged or otherwise failing sewage drain hole or sewage drill hole unless a repair permit is issued according to the terms and conditions in OAR 340-071-0215.

(2) A repair permit issued by the Director shall specify the method to be used for sewage treatment, disposal and drain hole repair. Deepening or repair of a sewage drain hole shall be approved only if the Director determines that no other on-site or off-site option for sewage treatment and disposal is feasible. Deepening the sewage drain hole shall be limited to a maximum depth of 100 feet, and the drain hole shall terminate at least 100 feet above groundwater.

(3) Any other requirement specified by the Director to protect groundwater from contamination shall be met.

Stat. Auth.: ORS ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050 & ORS 468B.155
Hist.: DEQ 35-1979, f. & ef. 12-19-79; DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

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 OAR 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) through (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 exceedences 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 in this rule are available from the agency.]

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050, ORS 468B.053 & ORS 468B.165
Hist.: DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0020

Registration and Inventory and Other Information Requirements

(1) Any owner or operator of an injection system that is not excluded by OAR 340-044-0013 must submit inventory information to register with the Director. If an owner or operator is applying for a permit, the inventory information is submitted with the permit application. If inventory information is not submitted, an owner or operator is prohibited from discharging to the injection system.

(2) Inventory information must be submitted in a format approved by the Director and prior to construction and operation of new injection systems, and, at a minimum, shall include:

(a) Facility name and location;

(b) Name and address of legal contact;

(c) Ownership of facility;

(d) Nature and type of injection system; and

(e) Operating status of injection system.

(3) For certain injection systems, the Director may require additional information including, but not limited to, the following:

(a) A listing and description of all wells and injection systems owned or operated at a facility (a single description of wells and injection systems at a single facility with substantially the same characteristics is acceptable);

(b) Information on the facility water supply source;

(c) Location of each injection system given by Township, Range, Section, and Quarter-Section, according to the conventional practice in the State of Oregon, and by latitude and longitude to the nearest second;

(d) Date of completion of each injection system;

(e) Identification and depth of the geologic formation(s) into which each injection system is injecting;

(f) Total depth of each injection system;

(g) Depth to groundwater;

(h) Casing and cementing record, casing size, and depth of packer;

(i) Nature of the injected fluids;

(j) Average and maximum injection pressure at the wellhead;

(k) Average and maximum injection rate;

(l) For Class II systems only, the field name(s);

(m) Date of the last mechanical integrity test (required for Class II wells); and

(n) Any additional information necessary to determine that the injection system meets the requirements of OAR 340-044-0018 for authorization by rule.

(4) After reviewing inventory information, the Director may determine that the injection system does not meet the requirements of OAR 340-044-0018. The owner or operator shall then apply for a permit or find alternative disposal methods.

(5) The Director may request additional information to determine that the injection system meets the requirements of OAR 340-044-0018 for authorization by rule or to determine that the injection system complies with OAR 340-044-0012. The owner or operator shall submit such 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. The owner or operator may resume injection 90 days after submittal of the requested information unless the Director notifies the owner or operator that injection may not resume or may resume sooner.

Stat. Auth.: ORS ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050, ORS 468B.053 & ORS 468B.165
Hist.: SA 41, f. 5-15-69; DEQ 35-1979, f. & ef. 12-19-79; DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

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, 690-350 for aquifer storage and recovery wells, 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.

[Publications: Publications referenced in this rule are available from the agency.]

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050 & ORS 468B.165
Hist.: SA 41, f. 5-15-69; DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0040

Decommissioning and Conversion Requirements for Underground Injection Systems

(1) When an underground injection system is no longer in use for injection or is abandoned, the owner or operator shall decommission the system or convert the system to another type of well in a manner that will prevent the movement of contaminants into groundwater.

(2) The owner or operator shall notify the Director of the owner's or operator's intent to decommission or convert the injection system 30 days prior to closure or conversion.

(3) The owner or operator shall comply with all reporting, licensing and design requirements of all applicable state and local laws when decommissioning or converting an injection system. These include OAR 340-071 for on-site sewage disposal systems, 690-200 and 690-220 for water supply wells, 690-240-030 for other holes and 632-020 for geothermal wells.

(a) Any soil, gravel, sludge, biosolids, liquids or other material removed from or adjacent to the injection system shall be characterized and disposed in a manner consistent with all applicable local, state and federal laws.

(b) Except for on-site sewage disposal systems decommissioned according to OAR 340-071 and injection systems for storm water runoff from rooftops, proper decommissioning of an injection system shall be certified by a professional geologist, engineering geologist, or professional engineer registered in the State of Oregon.

(c) The following decommissioning requirements apply to drilled wells, boreholes and sewage drain holes or sewage drill holes unless waived in writing by the Director:

(A) The owner or operator shall immediately render the system to be completely inoperable by plugging and sealing to prevent the vertical movement of fluids.

(B) All portions of the well that are surrounded by "solid wall" formation shall be plugged and filled with cement grout or concrete; or

(C) The top portion of the well must be effectively sealed with cement grout or concrete to a depth of at least 18 feet below the surface of the ground, or wherever this method of sealing is not practical, effective sealing must be accomplished in a manner approved in writing by the Director.

(4) If the Director determines that the injection system is high risk or potentially contaminated, the Director may require submission of a closure plan for review and approval prior to decommissioning. The owner or operator shall perform any sampling requested by the Director. The results of such sampling shall be reported to the Director. Detection of soil or groundwater contamination from the injection system shall be reported to the Director within 14 days of observation or receipt of sampling results.

Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS 468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050 & ORS 468B.165
Hist.: SA 41, f. 5-15-69; DEQ 35-1979, f. & ef. 12-19-79; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

340-044-0055

Agreements With Other Jurisdictions

The Director may enter into a memorandum of agreement with another state agency or local jurisdiction that allows the agency or jurisdiction to act as an agent for the Director with regard to underground injection systems. The agreement shall specify the responsibilities of each agency and the procedures for coordination between both agencies. The agreement may also include provisions for providing information necessary for the Director to comply with program reporting requirements of 40 CFR 144.8.

Stat. Auth.: ORS 454.655, ORS 454.795, ORS 468B.020, ORS 468B.050, ORS 468B.053 & & ORS 468B.160
Stats. Implemented: ORS 468B.050
Hist.: DEQ 15-1983, f. & ef. 8-26-83; DEQ 8-2001, f. 7-13-01, cert. ef. 9-20-01

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