Current through Register Vol. 63, No. 3, March 1, 2024
(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.
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
