Or. Admin. R. 340-122-0050

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

Section 340-122-0050 - Activities

(1) The Director may perform or require to be performed the following activities:

(a) Preliminary Assessment;

(b) Removal;

(c) Remedial Investigation;

(d) Risk Assessment;

(e) Feasibility Study; or

(f) Other investigations and remedial action.

(2) These activities, and the scope of these activities, are to be determined by the Director on a case-by-case basis. The Director may determine that all, a combination of less than all, or only one of the above activities are necessary at a facility. (For example, based upon the results of the preliminary assessment, the Director might find that a remedial investigation and feasibility study are not necessary.) The Director may also determine that performance of the above activities shall overlap or occur in an order different than that set forth in section (1) of this rule. (For example, the Director might find that a removal must be undertaken during a remedial investigation.)

(3) Removals, remedial actions, preliminary assessments, remedial investigations, feasibility studies, and related activities shall be performed by any person who is ordered or authorized to do so by the Director, or may be performed by the Department.

(4) The Director may allow short-term degradation of the environment during a removal or remedial action or related activities, provided that the Director finds:

(a) Such short-term degradation cannot practicably be avoided during implementation of the removal or remedial action or related activities;

(b) The removal or remedial action or related activity is being implemented in accordance with a schedule approved by the Department; and

(c) The short-term degradation does not present an imminent and substantial endangerment to the public health, safety or welfare, or the environment.

Or. Admin. R. 340-122-0050

DEQ 26-1988, f. & cert. ef. 9-16-89; DEQ 2-1997, f. & cert. ef. 2-7-97

Stat. Auth.: ORS 465

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895