Or. Admin. Code § 340-122-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-122-0080 - Remedial Investigation

(1) If, based upon the Preliminary Assessment, the results of a removal, or other information, the Director determines that remedial action might be necessary to protect public health, safety or welfare, or the environment, the Director may perform or require to be performed a remedial investigation to develop information to determine the need for remedial action.

(2) Remedial investigation may include, but is not limited to, characterization of hazardous substances, characterization of the facility, performance of baseline human health and ecological risk assessments, and collection and evaluation of information relevant to the identification of hot spots of contamination.

(3) In the remedial investigation, characterization of the facility may include, but is not limited to, information regarding:

(a) Waste management history and other past practices that could have led to a release of hazardous substances;

(b) Geological and hydrogeologic factors, including, but not limited to, information regarding topography, soils, sediments, drainage controls, and water resources;

(c) Climatologic and meteorologic factors;

(d) Ambient air quality;

(e) Current and reasonably anticipated future land use in the locality of the facility, considering:

(A) Current land use zoning and other land use designations;

(B) Land use plans as established in local comprehensive plans and land use implementing regulations of any governmental body having land use jurisdiction;

(C) Concerns of the facility owner, neighboring owners, and the community; and

(D) Any other relevant information such as development patterns and population projections.

(f) Current and reasonably likely future beneficial uses of groundwater and surface water in the locality of the facility, considering:

(A) Federal, state, and local regulations governing the appropriation and/or use of water;

(B) Nature and extent of current groundwater and surface water uses;

(C) Suitability of groundwater and surface water for beneficial uses;

(D) The contribution of water to the maintenance of aquatic or terrestrial habitat;

(E) Any beneficial uses of water which the Water Resources Department or other federal state or local programs is managing in the locality of the facility; and

(F) Reasonably likely future uses of groundwater and surface water based on:

(i) Historical land and water uses;

(ii) Anticipated future land and water uses;

(iii) Community and nearby property owners' concerns regarding future water use;

(iv) Regional and local development patterns;

(v) Regional and local population projections; and

(vi) Availability of alternate water sources including, but not limited to, public water supplies, groundwater sources, and surface water sources.

(g) Identification of ecological receptors, terrestrial habitats, and aquatic habitats in the locality of the facility; and

(h) Other relevant information, as appropriate.

(4) In the remedial investigation, characterization of hazardous substances may include, but is not limited to, information regarding:

(a) Identification and characterization of the source of the release or the threatened release of a hazardous substance;

(b) The nature, extent, and concentration of hazardous substances;

(c) The propensity for the hazardous substance to bioaccumulate;

(d) The propensity for the hazardous substance to persist or degrade;

(e) The toxicity of the hazardous substances;

(f) The transport and fate of the hazardous substances;

(g) The proximity of contamination to surface water, groundwater, wetlands, and sensitive environments; and

(h) Other relevant information, as appropriate.

(5) In the remedial investigation, characterization of current and reasonably likely future risks posed by hazardous substances shall be based on baseline human health and ecological risk assessments conducted in accordance with OAR 340-122-0084, unless the Department determines through screening of available information that no exceedance of acceptable risk levels could occur taking into consideration the nature, extent and toxicity of contamination, the types of human and ecological receptors potentially at risk, and pathways and routes of exposure present or potentially present.

(6) The remedial investigation shall identify hazardous substances having a significant adverse effect on beneficial uses of water or waters to which the hazardous substances would be reasonably likely to migrate.

(7) The remedial investigation shall identify hot spots of contamination for media other than water.

Or. Admin. Code § 340-122-0080

DEQ 26-1988, f. & cert. ef. 9-16-89; DEQ 12-1992, f. & cert. ef. 6-9-92; DEQ 2-1997, f. & cert. ef. 2-7-97

Stat. Auth.: ORS 465.400(1) & ORS 468.020

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895