Or. Admin. R. 340-122-0040

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-122-0040 - Standards

(1) Any removal or remedial action shall address a release or threat of release of hazardous substances in a manner that assures protection of present and future public health, safety, and welfare, and the environment.

(2) In the event of a release of a hazardous substance, remedial actions shall be implemented to achieve:

(a) Acceptable risk levels defined in OAR 340-122-0115, as demonstrated by a residual risk assessment; or

(b) Numeric cleanup standards developed as part of an approved generic remedy identified or developed by the Department under OAR 340-122-0047, if applicable; or

(c) For areas where hazardous substances occur naturally, the background level of the hazardous substances, if higher than those levels specified in subsections (2)(a) through (2)(b) of this rule.

(3) In the event of a release of methane from a historic solid waste landfill, removal or remedial actions shall be implemented to prevent concentrations of methane exceeding or likely to exceed 1.25% by volume in confined spaces and structures, other than in equipment, piping, wells, or other structures designed for the collection and management of methane and approved by the Department.

(4) In the event of a release of hazardous substances to groundwater or surface water constituting a hot spot of contamination, treatment shall be required in accordance with OAR 340-122-0085(5) and 340-122-0090.

(5) A removal or remedial action shall prevent or minimize future releases and migration of hazardous substances in the environment. A removal or remedial action and related activities shall not result in greater environmental degradation than that existing when the removal or remedial action commenced, unless short-term degradation is approved by the Director under OAR 340-122-0050(4).

(6) A removal or remedial action shall provide long-term care or management, as necessary and appropriate, including but not limited to monitoring, operation, maintenance, and periodic review.

Or. Admin. R. 340-122-0040

DEQ 26-1988, f. & cert. ef. 9-16-89; DEQ 12-1992, f. & cert. ef. 6-9-92; DEQ 2-1997, f. & cert. ef. 2-7-97; DEQ 3-2002(Temp), f. 2-21-02 thru 8-20-02; DEQ 9-2002, f. & cert. ef. 8-22-02; DEQ 3-2006, f. & cert. ef. 3-17-06

Stat. Auth.: ORS 465.400(1), 466 & 468.020

Stats. Implemented: ORS 465.200 - 465.455 & 465.900