Or. Admin. Code § 340-040-0170

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

Section 340-040-0170 - Required Elements of A Wellhead Protection Plan

(1) A Wellhead Protection Plan shall contain and address the following seven elements:

(a) Specification of Duties:

(A) The Plan shall identify all the Responsible Management Authorities within a Wellhead Protection Area. The jurisdictional boundaries of each Responsible Management Authority shall be shown on a map;

(B) For each Responsible Management Authority identified, the expectations, their respective responsibilities, and the duties they will perform with regards to implementing the Plan must be identified;

(C) The Plan shall either:

(i) Have all Responsible Management Authorities in the Wellhead Protection Area sign the Wellhead Protection Plan indicating that they will implement the actions outlined for their juris-diction in the Plan; or

(ii) Describe the procedure used to notify and attempt to involve those Responsible Management Authorities not willing to sign the Plan.

(b) Delineation of Wellhead Protection Areas: Delineation of Wellhead Protection Areas shall occur as described under Health Division's rules under OAR 333-061-0057(1)(i).

(c) Inventory of Potential Contaminant Sources: After delineation of the Wellhead Protection Area, an inventory identifying the potential sources of contamination within the Wellhead Protection Area shall be completed. The inventory shall be designed to identify:

(A) Past practices which may have resulted in a potential threat to the groundwater;

(B) Those potential sources of contamination presently existing; and

(C) Those potential sources which may exist in the future.

(d) Management of Potential Sources of Contamination:

(A) For those potential sources of contamination identified under the inventory element of paragraphs (1)(A)(B)(C) of this rule, the Plan shall identify the management action to be employed to reduce the risk of contamination to the groundwater from those source(s) and justification for the proposed management actions and level of protection provided;

(B) The Plan must identify the process used to address unanticipated potential sources of contamination that may locate within the Wellhead Protection Area, how the source will be evaluated for acceptability within the area, and how the management actions identified in the Plan for reducing the risk of contamination will be implemented;

(C) Any management plans that directly regulate farming practices for the purpose of protecting water quality on agricultural lands within a Wellhead Protection Area shall be developed and implemented by the Oregon Department of Agriculture in accordance with Oregon Department of Agriculture authorities.

(e) Contingency Plan: Development of contingency plans for Wellhead Protection Areas shall be in accordance with Health Division rules under OAR 333-061-0057(3);

(f) Siting of New Public Water System Wells or Springs: Siting of new public water system wells or springs shall be in accordance with Health Division rules under OAR 333-061-0057(2);

(g) Public Participation: A description of the public participation efforts shall be included in the Plan, including:

(A) Documentation that property owners and residents within the Wellhead Protection Area were notified of the development of a Wellhead Protection Plan. Notification at a minimum shall include publication of the intent to develop a Wellhead Protection Plan in a local newspaper, and a description of the process for developing and participating in the development of the Wellhead Protection Plan;

(B) Formation of a Team to develop the Plan. The Team can either be a new group formed for the specific purpose of developing a Plan or it can be an existing group that is assigned the additional duty of developing a Plan;

(C) Description of steps taken to provide opportunity for various interests within the affected area to participate;

(D) Documentation that all local public hearing procedures were followed in developing and adopting the Plan.

Or. Admin. Code § 340-040-0170

DEQ 1-1996, f. & cert. ef. 1-18-96

Stat. Auth.: ORS 468 & ORS 468B

Stats. Implemented: ORS 468 & ORS 468B