Or. Admin. Code § 340-040-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-040-0060 - Non-Permitted Activities

Non-permitted activities shall include, but not be limited to, spills, releases and past practices from activities that are not subject to a permit and activities that are subject to a permit but were not permitted at the time of the release.

(1) Except as provided otherwise under statutory or administrative authorities, when a non-permitted activity could result in or has resulted in the pollution of groundwater the Department may require the liable person to:

(a) Conduct a remedial investigation and feasibility study pursuant to OAR 340-040-0040;

(b) Implement remedial action pursuant to OAR 340-040-0050.

(2) In conducting the remedial investigation and feasibility study, and selecting the remedial action under the requirements contained in OAR 340-040-0040 and 340-040-0050, the concentration limits will be established at background water quality levels.

(3) Clean-up levels for non-permitted activities will be established by the procedures contained in OAR 340-040-0040 and 340-040-0050 which include evaluations of practicability as contained in OAR 340-040-0050(1)(b).

Or. Admin. Code § 340-040-0060

DEQ 24-1981, f. & ef. 9-8-81; DEQ 13-1984, f. & ef. 7-13-84; DEQ 27-1989, f. & cert. ef. 10-27-89; Renumbered from 340-041-0029

Stat. Auth.: ORS 468 & ORS 468B

Stats. Implemented: ORS 468.035 & ORS 468B.155