Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS
Section 340-095-0040 - Groundwater Monitoring and Corrective Action
Universal Citation: OR Admin Rules 340-095-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Groundwater:
(a) Each non-municipal land disposal site
permittee shall ensure that:
(A) The
introduction of any substance from the land disposal site into an underground
drinking water source does not result in a violation of any applicable federal
or state drinking water rules or regulations beyond the solid waste boundary of
the land disposal site or an alternative boundary specified by the
Department;
(B) The introduction of
any substance from the land disposal site into an aquifer does not impair the
aquifer's recognized beneficial uses, beyond the solid waste boundary of the
land disposal site or an alternative boundary specified by the Department,
consistent with OAR Chapter 340, Division 40 and any applicable federal or
state rules or regulations.
(b) Where monitoring is required, monitoring
wells shall be placed at Department-approved locations between the solid waste
boundary and the property line if adequate room exists;
(c) The Department may specify an alternative
boundary based on a consideration of all of the following factors:
(A) The hydrogeological characteristics of
the facility and surrounding land;
(B) The volume and physical and chemical
characteristics of the leachate;
(C) The quantity and directions of flow of
groundwater;
(D) The proximity and
withdrawal rates of groundwater users;
(E) The availability of alternative drinking
water supplies;
(F) The existing
quality of the groundwater including other sources of contamination and their
cumulative impacts on the groundwater; and
(G) Public health, safety, and welfare
effects.
(2) Monitoring:
(a) Where the Department finds
that a non-municipal land disposal site's location and geophysical condition
indicate that there is a reasonable probability of potential adverse effects on
public health or the environment, the Department may require a permittee to
provide monitoring wells at Department-approved locations and depths to
determine the effects of the non-municipal land disposal site on
groundwater;
(b) If the Department
determines that monitoring wells are required at a non-municipal land disposal
site, the permittee shall provide and maintain the wells at the locations
specified by the Department and shall submit a copy of the geologic log and
record of well construction to the Department within 30 days of completion of
construction;
(c) Where the
Department determines that self-monitoring is practicable, the Department may
require that the permittee collect and analyze samples of surface water and/or
groundwater, at intervals specified and in a manner approved by the Department,
and submit the results in a format and within a time frame specified by the
Department;
(d) The Department may
require permittees who do self-monitoring to periodically split samples with
the Department for the purpose of quality control.
(3) Corrective action. Notwithstanding OAR 340-093-0030(22), the Department may require action to remediate releases of constituents above the levels specified in OAR Chapter 340 Division 40. This authority is in addition to any other authority granted by law.
Stat. Auth.:ORS 459.045,ORS 459A.025 &ORS 468.020
Stats. Implemented:ORS 459.015,ORS 459.205 -ORS 459.245 & ORS 459.248
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