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