Current through Register Vol. 63, No. 3, March 1, 2024
(1) A person is authorized by this rule to
construct and operate an injection system if all of the following conditions
are met:
(a) The injection is not prohibited
by OAR
340-044-0015
or by any other applicable local, state or federal law.
(b) The owner or operator submits the
inventory information required in OAR
340-044-0020
and registers the injection system with the Director in a format approved by
the Director.
(c) The injection
does not cause the direct or indirect movement of contaminants into groundwater
if the resulting concentration of that contaminant may cause a violation of any
primary drinking water regulation under the federal Safe Drinking Water Act or
may exceed background groundwater concentrations.
(d) The injection system is listed in section
(2) of this rule, or the owner or operator meets the requirements of section
(3) of this rule, or the injection is allowed by section (4) of this
rule.
(e) The owner or operator
complies in a timely manner with all requests for information made by the
Director pursuant to OAR
340-044-0018(5)
and OAR
340-044-0020.
(2) The following types of
injection systems are authorized by this rule:
(a) Class IV injection systems reinjecting
treated groundwater into the same formation from which it was drawn as part of
an environmental cleanup action if the injection is overseen by and has prior
approval from the Environmental Protection Agency or the Director under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
or the Resource Conservation and Recovery Act (RCRA), and meets the groundwater
quality protection requirements of OAR 340-040.
(b) Class V injection systems in compliance
with other local, state or federal law only as follows:
(A) On-site sewage disposal systems including
standard, alternative or experimental systems receiving residential or
non-residential sanitary waste. The authorization for underground injection
under this rule does not exempt such systems from any construction permit or
other permit required under OAR 340-071. Injection systems mixing sanitary
waste with industrial waste, storm water or other wastes are not
included.
(B) On a case-by-case
basis, wells returning low-temperature geothermal fluids into the same aquifer
or one of equivalent quality.
(C)
Wells returning fluids to the supply aquifer after use for non-contact heating
or cooling in heat pumps or air conditioning systems.
(D) Injection systems injecting fluids,
materials or treated groundwater as part of an environmental cleanup action if
the injection is overseen by and has prior written approval from the
Environmental Protection Agency or the Director under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), the Resource
Conservation and Recovery Act (RCRA), or OAR 340-122 Hazardous Substance
Remedial Action Rules, and meets the groundwater quality protection
requirements of OAR 340-040.
(E)
Injection systems injecting groundwater removed by dewatering activities and
reinjected into the same aquifer.
(F) Injection systems injecting storm water
runoff from rooftops. Storm water shall drain directly from the roof into an
injection system that does not accept, mix with or allow disposal of any other
storm water or fluid. These injection systems are not subject to requirements
in OAR
340-044-0018(3)(a)
through (h).
(G) Wells temporarily injecting fluids or
other material for the purpose of maintaining a properly functioning water
extraction well.
(H) Wells
injecting fluids to control subsidence or salt water intrusion.
(3) Injection systems
injecting storm water are authorized by this rule if the owner or operator is
in compliance with the following requirements, as applicable:
(a)
Basic requirements for all storm
water injection systems authorized by rule-- Storm water injection
systems authorized by this rule shall meet all the following requirements, and
the owner or operator shall verify and shall submit with registration and
inventory information a certification that:
(A) No other waste, including agricultural
drainage, industrial waste or sanitary waste, is mixed with storm
water.
(B) Site development,
design, construction and management practices have minimized storm water
runoff.
(C) No other method of
storm water disposal, including construction or use of surface discharging
storm sewers or surface infiltration designs, is appropriate. An appropriate
method shall protect groundwater quality and may consider management of surface
water quality and watershed health issues.
(D) No domestic drinking water wells are
present within 500 feet of the injection system.
(E) The injection system is not located
within the 2 year time-of-travel zone as delineated by the Oregon Health
Division or closer than 500 feet to a public water supply well, whichever is
more protective.
(F) No soil or
groundwater contamination is present that will be impacted by the construction
or use of a storm water injection system. The owner or operator shall
immediately notify the Director if soil or groundwater contamination is
discovered after initial inventory information submittal and
certification.
(G) The injection
system does not exceed a depth of 100 feet and does not discharge directly into
groundwater or below the highest seasonal groundwater level.
(H) A confinement barrier or a natural or
engineered filtration medium is present between the base of the injection
system and the highest seasonal groundwater level and prevents contaminants
from reaching groundwater, or the owner or operator implements best management
practices that prevent or treat storm water contamination before
injection.
(I) The injection system
is designed and operated in a manner that protects groundwater from
accidentally or illicitly disposed wastes or contaminants, and can be
temporarily blocked to prevent drainage into the injection system in the event
of an accident or spill.
(b)
Municipal injection systems--
For municipalities or other governmental units with 50 or more storm water
injection systems, the owner or operator shall:
(A) Submit the following with registration
and inventory information, prior to construction of new injection systems or
within 90 days of the effective date of this rule for existing and previously
registered injection systems:
(i) An
evaluation of potential impacts of storm water injection on groundwater quality
based on the storm water volume and quality, local geology, density of
injection systems, injection system design, and drainage area land
use.
(ii) A plan and schedule to
decommission existing storm water injection systems that do not meet the basic
requirements in OAR
340-044-0018(3)(a),
or a permit application for those injection systems.
(B) Submit with registration and inventory
information, prior to construction of new injection systems, a certification
that the injection system does not receive storm water from areas where
hazardous substances and toxic materials are used, handled or stored. For
existing and previously registered municipal injection systems, this
certification shall be submitted by July 1, 2002 or a permit application shall
be submitted by that date.
(Note:Facilities owned by municipalities or other
governmental units where hazardous substances and toxic materials are used,
handled or stored are required to comply with OAR
340-044-0018(3)(d).)
(C) Prepare and implement, prior to
construction of new injection systems or by July 1, 2002 for existing and
previously registered injection systems, a written
storm water
management plan, based on current conditions and updated routinely,
that includes the following:
(i) Storm water
system-wide assessment that includes the location and construction details of
all injection systems and other storm water management controls, an evaluation
of the land use and activities in all areas draining into the storm water
injection systems, and an identification based on available information of
areas within the drainage catchment where hazardous substances and toxic
materials are used, handled or stored.
(ii) System controls that include best
management practices for source control and treatment, and shall include
measures to prevent storm water drainage from areas where hazardous and toxic
materials are used, handled or stored; a spill prevention and response plan; a
maintenance plan and schedule; an employee and public education plan; and the
identification of personnel or contractors responsible for implementing these
plans. The maintenance plan shall specify the frequency of maintenance
activities, including visual inspections and physical maintenance.
(iii) Monitoring to evaluate the
effectiveness of the best management practices in eliminating contamination
prior to storm water injection into the subsurface. The monitoring plan shall
use information developed in the system-wide assessment to identify
representative locations and types of best management practices that will be
routinely monitored and sampled. At a minimum, sampling shall be conducted
twice within the first 12 months of implementation of the storm water
management plan, followed by annual sampling during a representative storm
event at the onset of wet weather conditions. Criteria for selection of
representative storm events shall follow available guidance protocols. Grab
samples shall be collected at the last available sampling point prior to storm
water injection into the subsurface. Sampling protocols shall follow standard
quality assurance and quality control (QA/QC) procedures for environmental
sampling and shall use analytical methods that achieve detection limits that
are below drinking water standards or risk-based levels. Samples shall be
analyzed for contaminants of concern identified in the system-wide assessment,
and shall at a minimum include benzene, ethylbenzene, toluene, xylenes,
benzo(a)pyrene, lead (unfiltered), total chromium (unfiltered), cadmium
(unfiltered), total nitrogen and fecal coliform bacteria.
(iv) A plan for record keeping and reporting.
Monitoring and sampling results shall be available for review on
request.
(D) On or before
June 30, 2004, a summary report shall be submitted to the Director on the
municipal storm water management plan implementation, monitoring and sampling
with supporting records and laboratory documentation. The report shall also
include an assessment of the effectiveness of best management practices. With
approval from the Director, this assessment may be done as a regional or
statewide study.
(c)
Municipal injection systems
(small)-- For municipalities or other governmental units with fewer than
50 storm water injection systems, the owner or operator shall:
(A) Submit with registration and inventory
information, prior to construction of new injection systems, a certification
that the injection system does not receive storm water from areas where
hazardous substances and toxic materials are used, handled or stored. For
existing and previously registered municipal injection systems, this
certification shall be submitted by July 1, 2002 or a permit application shall
be submitted by that date.
(B)
Prepare and implement, prior to construction of new injection systems or by
July 1, 2002 for existing and previously registered injection systems, a
writtenstorm water management plan, based on current
conditions and updated routinely, that uses best management practices including
operational and structural source controls that minimize and prevent pollution
from entering storm water and treatment that removes pollutants contained in
storm water runoff. The storm water management plan shall include a system-wide
assessment; plans for operational control measures including spill prevention,
spill response, maintenance, employee and public education; and routine
evaluation of the effectiveness of the storm water management plan.
(d)
Industrial and commercial
facilities-- For industrial and commercial facilities including
facilities owned by municipalities or other governmental units where hazardous
substances, toxic materials and petroleum products are used, handled or stored,
the storm water draining into the injection system shall not be exposed to
these materials. Storm water is not exposed to hazardous substances, toxic
materials and petroleum products if all manufacturing, processing and material
handling activities and those areas of an industrial or commercial facility
associated with such activities are protected by a storm resistant shelter to
prevent contact with rain, snow, snowmelt and/or runoff. The owner or operator
of the facility shall:
(A) Submit with
registration and inventory information, prior to construction of new injection
systems or within 180 days of the effective date of this rule for existing and
previously registered injection systems, a certification that storm water is
not exposed to industrial activities and hazardous substances and toxic
materials, and shall renew this certification every 5 years. The certification
shall include:
(i) Site assessment
information including location and type of industrial activities, types and
location of all hazardous substances and toxic materials on-site, description
and location of all storm water discharges, and methods used to prevent storm
water exposure to industrial activities and hazardous substances and toxic
materials.
(ii) Analytical results
from a representative grab sample collected from the injection system prior to
discharge into the subsurface. Samples shall be analyzed for priority
pollutants listed in Appendix A to 40 CFR Part 423, total nitrogen, fecal
coliform bacteria, and any other potential contaminants identified in the site
assessment. Sample analysis for re-certification may be modified with approval
from the Director.
(iii) A list of
site control measures and best management practices that are implemented at the
facility including spill prevention and response plans, injection system
maintenance plan and schedule, employee education plan, monitoring plan, and
dates of revisions to such plans.
(iv) A list and date of all accidents, spills
or releases of the materials identified in (i) and all response actions
taken.
(B) Prepare and
implement, prior to construction of new injection systems or within 180 days of
the effective date of this rule for existing and previously registered
injection systems, a written
storm water management plan, based
on current conditions and updated routinely, that includes the following:
(i) Site assessment that includes the
location and construction details of all injection systems and other storm
water management controls, an evaluation of the use and activities of all areas
of the facility exposed to storm water, and the identification and location of
all hazardous substances and toxic materials that are used, handled or stored
at the facility.
(ii) Site controls
that include best management practices implemented at the facility for source
control and treatment. Best management practices shall include measures to
segregate areas of hazardous and toxic material storage or handling from storm
water run-off and run-on, a spill prevention and response plan, a maintenance
plan and schedule, an employee education plan, and the identification of
personnel or contractors responsible for implementing these plans. Minimum
maintenance activities shall include monthly visual inspections and semi-annual
physical maintenance of all injection systems.
(iii) Monitoring to evaluate the
effectiveness of the best management practices in eliminating contamination
prior to injection into the subsurface. The monitoring plan shall use
information developed in the site assessment to identify locations that will be
routinely monitored. At a minimum, sampling shall be conducted twice within the
first 12 months of implementation of the storm water management plan, followed
by annual sampling during a representative storm event at the onset of wet
weather conditions. Samples shall be collected within the first 30 minutes of
discharge from a storm greater than 0.1 inches in accumulation that is preceded
by 72 hours of dry weather. An alternate protocol for sampling may be utilized
if approved by the Director. Grab samples shall be collected at the last
available sampling point prior to storm water injection into the subsurface.
Sampling protocols shall follow standard quality assurance and quality control
(QA/QC) procedures for environmental sampling and shall use analytical methods
that achieve detection limits that are below drinking water standards or
risk-based levels. Samples shall be analyzed for contaminants of concern
identified in the site assessment and all contaminants detected in the
certification analysis required in OAR
340-044-0018(3)(d)(A).
(iv) A list of reference levels to which
monitoring data will be compared. Reference levels shall be selected as the
primary and secondary drinking water maximum contaminant levels (MCLs) if
available, or acceptable risk-based concentrations for drinking water
beneficial use. A reference level for microorganisms is not required. If
monitoring results exceed reference levels, the owner or operator shall review
best management practices for source control and treatment and shall implement
appropriate corrective measures to minimize contaminants from storm water prior
to injection.
(v) A plan for record
keeping and reporting. Results of all sampling must be available on-site. Any
monitoring results that exceed reference levels shall be reported to the
Director within 30 days after receipt of sampling results, along with any
action and follow-up control measures taken by the owner or operator to prevent
further releases of contaminants into the injection system.
(e)
Industrial and commercial facilities
with no hazardous substances-- For industrial and commercial facilities
including facilities owned by municipalities or other governmental units where
hazardous substances and toxic materials are not used for industrial activities
or handled or stored above reportable quantities or commercial consumer
quantities, the owner or operator shall:
(A)
Submit with registration and inventory information, prior to construction for
new injection systems or within 90 days of the effective date of this rule for
existing and previously registered injection systems, and every 5 years after,
a certification that hazardous substances and toxic materials are not used,
handled or stored at the facility.
(B) Prepare and implement, prior to
construction for new injection systems or within 180 days of the effective date
of this rule for existing and previously registered injection systems, a
writtenstorm water management planbased on current conditions
and updated routinely, that uses best management practices including
operational and structural source controls that minimize and prevent pollution
from entering storm water and treatment that removes pollutants contained in
storm water runoff. The storm water management plan shall include a system
assessment; plans for operational control measures including spill prevention,
spill response, maintenance and employee education; and routine evaluation of
the effectiveness of the storm water management plan.
(f)
Industrial, commercial and
residential facilities with large parking lots and/or high traffic
areas-- For industrial, commercial and residential facilities or
facilities owned by municipalities or other governmental units with parking
lots and/or traffic areas handling an average of 1000 or more vehicles trips
per day and not subject to OAR
340-044-0018(3)(d),
the owner or operator shall:
(A) Submit with
registration and inventory information, prior to construction for new injection
systems or within 90 days of the effective date of this rule for existing and
previously registered injection systems, and every 5 years after, a
certification that the storm water is not exposed to industrial activities or
areas where hazardous substances and toxic materials are used, handled or
stored.
(B) Prepare and implement,
prior to construction for new injection systems or within 180 days of the
effective date of this rule for existing and previously registered injection
systems, a written
storm water management plan, based on
current conditions and updated routinely, that includes the following:
(i) Site assessment that includes the
location and construction details of all injection systems and other storm
water management controls, an evaluation of the use and activities of all areas
draining into the storm water system, and an evaluation based on available
information of areas at high risk for accidental or illicit disposal of wastes
or contaminants.
(ii) Site controls
that include best management practices for source control and treatment, and
shall include measures to eliminate storm water drainage from areas with high
risk for accidental or illicit disposal, a spill prevention and response plan,
a maintenance plan and schedule, an employee and public education plan, and the
identification of personnel or contractors responsible for implementing these
plans. Minimum maintenance activities shall include monthly visual inspections
and semi-annual physical maintenance of all injection systems.
(iii) Monitoring to evaluate the
effectiveness of the storm water management plan in eliminating contaminants
prior to storm water injection into the subsurface. The monitoring plan shall
use information developed in the site assessment to identify representative
locations that will be routinely monitored. At a minimum, sampling shall be
conducted twice within the first 12 months of implementation of the monitoring
plan, followed by annual sampling during a representative storm event at the
onset of wet weather conditions. Samples shall be collected within the first 30
minutes of discharge from a storm greater than 0.1 inches in accumulation that
is preceded by 72 hours of dry weather. An alternate protocol for sampling may
be utilized if approved by the Director. Grab samples shall be collected at the
last available sampling point prior to storm water injection into the
subsurface. Sampling protocols shall follow standard quality assurance and
quality control (QA/QC) procedures for environmental sampling and shall use
analytical methods that achieve detection limits that are below drinking water
standards or risk-based levels. Samples shall be analyzed for contaminants of
concern identified in the site assessment, and shall at a minimum include
analyses for benzene, ethylbenzene, toluene, xylenes, benzo(a)pyrene, lead
(unfiltered), total chromium (unfiltered), cadmium (unfiltered), total nitrogen
and fecal coliform bacteria.
(iv) A
list of reference levels to which monitoring data will be compared. Reference
levels shall be selected as the primary and secondary drinking water maximum
contaminant levels (MCLs) if available, or acceptable risk-based concentrations
for drinking water beneficial use. A reference level for microorganisms is not
required. If monitoring results exceed reference levels, the owner or operator
shall review best management practices for source control and treatment and
shall implement appropriate corrective measures to minimize contaminants from
storm water prior to injection.
(v)
A plan for record keeping and reporting. Results of all sampling must be
available for review on request by the Director. Any monitoring results that
exceed reference levels shall be reported to the Director within 30 days after
receipt of sampling results, along with any action and follow-up control
measures taken by the owner or operator to prevent further releases of
contaminants into the injection system.
(g)
Industrial and commercial facilities
with small parking lots-- For industrial and commercial facilities or
facilities owned by municipalities or other governmental units with parking
lots or traffic areas handling an average of less than 1000 vehicle trips per
day, the owner or operator shall:
(A) Submit
with registration and inventory information, prior to construction for new
injection systems or within 90 days of the effective date of this rule for
existing and previously registered injection systems, a certification that the
storm water is not exposed to industrial activities or areas where hazardous
substances and toxic materials are used, handled or stored.
(B) Prepare and implement, prior to
construction for new injection systems or within 180 days of the effective date
of this rule for existing and previously registered injection systems, a
writtenstorm water management planor implement an appropriate
storm water management plan approved by the Director, based on current
conditions and updated routinely, that uses best management practices including
operational and structural source controls that minimize and prevent pollution
from entering storm water and treatment that removes pollutants contained in
storm water runoff. The storm water management plan shall include a system
assessment; plans for operational control measures including spill prevention,
spill response, maintenance, and education; and routine evaluation of the
effectiveness of the best management practices in eliminating
contamination.
(h)
Residential-- For residential
properties, parking lots, or driveways, the owner or operator shall:
(A) Use injection system designs that prevent
storm water contamination and remove pollutants including petroleum products,
metals, fertilizers, pesticides, herbicides, fecal coliform bacteria and animal
waste.
(B) Use best management
practices to prevent and/or treat storm water contamination that shall assure
that the injection system does not discharge contaminated storm water. Best
management practices include operation and maintenance of the injection system
with monthly visual inspection and semi-annual maintenance.
(i) The Director at any time may
request and review any and all information and elements of a storm water
management plan. The Director may determine that results of monitoring or
exceedences of reference levels require regulation of the injection system
under a permit or may determine that enforcement action is warranted. The
Director may determine that the volume and quality of storm water injection and
cumulative impact of multiple storm water injection systems has the potential
to cause contaminant concentrations in groundwater to exceed those
concentrations found in background groundwater or impact other sensitive waters
of the state, and may require the owner or operator to apply for a permit as
specified in OAR
340-044-0035.
(4) Additional Class V injection systems may
be authorized by rule on a case-by-case basis if the requirements of section
(1)(a), (b) and (c) of this rule are met.
(5) The Director may require the owner or
operator of an injection system authorized by this rule to submit information
to determine whether the injection system may cause a violation of any primary
drinking water regulation under the federal Safe Drinking Water Act or may
exceed those concentrations found in groundwater that is unaffected by the
facility. The owner or operator shall submit this information within the time
frame provided in the request for information. The owner or operator is
prohibited from injecting into the injection system if the owner or operator
does not comply with the request for information within the specified time
frame. Information requirements may include, but are not limited to:
(a) Performance of groundwater monitoring and
the periodic submission of monitoring reports;
(b) An analysis of injected fluids, and
periodic submission of analytical reports; and
(c) A description of the subsurface geology
in the area of the injection system.
Publications: Publications referenced in this rule are
available from the agency.
Stat. Auth.: ORS 454.625, ORS 468.020, ORS 468B.020 & ORS
468B.165
Stats. Implemented: ORS 454.655, ORS 468B.025, ORS 468B.050,
ORS 468B.053 & ORS 468B.165