Or. Admin. Code § 690-350-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 690-350-0020 - ASR Testing Under Limited License

(1) Testing Purposes. To store and use water injected into an aquifer for aquifer storage and recovery testing purposes requires a limited license. Only after completion of an ASR testing program under a limited license may an applicant apply for a permanent ASR permit. The testing approach shall be designed to provide information as needed to evaluate the ultimate capacity anticipated for the project. The limited license may allow for a bene-ficial use(s) of the recovered water.

(2) Pre-application Conference. The Department requires at least one pre-application conference with a prospective licensee prior to filing an application requesting the right to use water under a limited license for ASR testing. The purpose of the conference is to describe and discuss the processes and requirements which the Department associates with water storage and recovery in the ASR Program. The conference may serve as a point of review for the apparent adequacy of the applicant's hydrogeologic and other information. The Department shall invite personnel from both the DEQ and HD to the conference.

(3) Limited License Application. A request for a limited license for a period of up to five years shall be submitted on a form provided by the Department. The application shall consist of the following:

(a) Information on, and Attachments to, the Form:

(A) Name, address, and telephone number of the applicant;

(B) The proposed source for injection water, maximum diversion rate, maximum injection rate at each well(s), maximum storage volume, maximum storage duration, and maximum withdrawal rate at each well(s);

(C) License Duration. The term or duration for which the limited license is sought;

(D) Proposed Use or Disposal of Recovered Water. The proposed beneficial use or the intended disposal method for the recovered water. In the event of contingencies which preclude the beneficial use, the application should propose an alternate use or disposal. If an existing water right is cited in the application for the injection source water, the use of the recovered water shall be the same as that allowed under the existing water right;

(E) Ultimate Project Size. The ultimate capacity anticipated for the final project to be tested including the proposed source for injection water, maximum diversion rate, maximum injection rate at each well(s), maximum storage volume, maximum storage duration, and maximum withdrawal rate at each well(s);

(F) Water Availability or Water Right Statement. Access to water shall be evidenced by a completed water availability statement from the local watermaster on forms provided by the Department, results from the Department's water availability model or citation of the existing water right (permit or certificate) which is available for use in ASR testing under the limited license;

(G) Water Right Holder Agreement. If the applicant is not the holder of the water right for the proposed ASR testing as may be cited in (F) above, a statement from the water right holder shall indicate permission for use of the water for ASR testing;

(H) Legal Land Use. Evidence that land use and development approval from a local government is sought, obtained, or unnecessary;

(I) Map. A site map of reproducible quality, drawn to a standard, even scale of not less than 2 inches = 1 mile, showing:

(i) The locations of all proposed points of diversion, injection wells, recovery wells, and observation wells for the limited license and the final project referenced by coordinates or by bearing and distance to the nearest established or projected public land survey corner;

(ii) The general stream course of the source for the proposed use, if applicable;

(iii) Other topographical features such as roads, streams, railroads, etc., which may be helpful in locating the diversion points in the field.

(J) Applicants that are public supply systems as defined by the Health Division (OAR 333-061-0020(68)) shall acknowledge the need to comply with the Health Division's plan submission and review requirements (OAR 333-061-0060);

(K) Other Information. The applicant shall provide any other information the Department believes necessary to evaluate the ASR testing.

(b) Supplemental Reports:

(A) Proposed ASR Test Program. The proposed testing program shall include injection rates and schedules, water storage volumes, the injected water storage durations, recovery rates and schedule, water quality sampling including a quality assurance and quality control plan, water level monitoring including location of observation wells, contingency plan for use of recovered water if the intended use not possible, information on the anticipated final project (scope and conceptual design), and testing report outline. (A licensed professional will be required to develop this information as required by Oregon Law);

(B) Proposed System Design. The proposed system design package shall include well construction information for any injection, recovery, observation and source wells, the wellhead assembly, piping system for injection and recovery, and other conceptual design components of the system. (A licensed professional will be required to develop this information as required by Oregon Law);

(C) Groundwater Information. Preliminary hydrogeologic information shall include the local geology, a conceptual hydrogeologic model, a description of the aquifer targeted for storage, estimated flow direction and rate of movement, allocation of surface water, springs or wells within the area affected by ASR wells, rationale for estimating the affected area, anticipated changes to the groundwater system due to the proposed ASR testing, potential natural resource problems of testing, and other information on groundwater and surface water conditions antecedent to ASR for basing recovery estimations. (A licensed professional will be required to develop this information as required by Oregon law. (ORS 672.505-705));

(D) Quality of Source Water. The applicant shall provide information regarding the quality and treatment of the proposed injection source water relevant to the proposed injection time of year for:

(i) Regulated constituents with maximum contaminant levels under OAR 333-061-0030 (test results from a laboratory approved by the HD (OAR 333-061-0036));

(ii) Unregulated constituents under OAR 333-061-0036 (test results from a laboratory approved by the HD (OAR 333-061-0036));

(iii) Constituents with maximum measurable levels established under OAR 340-040 (ORS 468B.165) (test results from a laboratory approved by the HD (OAR 333-061-0036));

(iv) Compliance with treatment requirements and performance standards for source waters that fall in categories identified in OAR 333-061-0032;

(v) Common ion constituents and water quality parameters to include: alkalinity or bicarbonate, calcium, magnesium, iron, manganese, sodium, potassium, chloride, sulfate, silica, total dissolved solids, pH, redox potential and temperature;

(vi) Other constituents as required by the Department.

(E) Comments on Source Water/Standards. The applicant shall address the following situations as they apply:

(i) If a constituent that is regulated under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165) is detected in the source water, the applicant shall demonstrate that there are not other sources of water available to the applicant which would be satisfactory for injection and lower in the constituent of concern;

(ii) If a constituent is detected in the source water above 50% of the levels established under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165), the applicant shall install a treatment method, system or other alternative method to reduce the constituent to less than 50% of those levels, unless the applicant can show that there is not a treatment method, system or other alternative method that will reduce the level of a contaminant below the 50% level, or the lesser of:

(I) The applicant can show that it would be more costly to provide the treatment method, system or other alternative method necessary than to obtain the same amount of stored water from the next cheapest feasible water supply alternative; or

(II) In the case of a drinking water system the applicant can show the cost of adding the treatment method, system or other alternative method increases the cost per household of providing water (including operation, maintenance, and debt service for prior water projects) above 1.5% of the median household income of the community.

(iii) Notwithstanding paragraph (3)(b)(E)(ii) of this rule, in the event the applicant cannot reduce a constituent to less than the 50% level, the applicant shall minimize the constituent level by providing the level of treatment available or other alternative method which for the same amount of stored water is not as costly as either the next cheapest water supply alternative or an amount equal to that necessary to increase the cost per household of providing water to 1.5% of the median household income of the community, whichever is less;

(iv) Notwithstanding the provisions of paragraphs (3)(b)(E)(i), (ii) and (iii) of this rule and after consulting with the DEQ and the HD, the Department may determine that the circumstances are such that an alternative source, treatment method, system, or other alternative method is acceptable or not necessary.

(F) Quality of Receiving Aquifer Water. The applicant shall provide information regarding the quality of the receiving aquifer water for:

(i) Regulated constituents with maximum contaminant levels under OAR 333-061-0030 (test results from a laboratory approved by the HD (OAR 333-061-0036));

(ii) Unregulated constituents under OAR 333-061-0036 (test results from a laboratory approved by the HD (OAR 333-061-0036));

(iii) Constituents with maximum measurable levels established under OAR 340-040 (ORS 468B.165) (test results from a laboratory approved by the HD (OAR 333-061-0036));

(iv) Common ion constituents and water quality parameters to include: alkalinity or bicarbonate, calcium, magnesium, iron, manganese, sodium, potassium, chloride, sulfate, silica, total dissolved solids, pH, redox potential and temperature;

(v) Other constituents as required by the Department.

(G) Comments on Compatibility. The applicant shall evaluate the compatibility of the injection source water and receiving aquifer water for possible changes in aquifer characteristics due to hydrogeologic or hydrogeochemical changes.

(c) Other Information. Any other information required by the Department.

(4) Limited License Application Processing:

(a) Review of Application for Completeness. Within 45 days after an individual submits or resubmits an application, the Department shall consult with DEQ and HD about the completeness of the application, determine the completeness of the application, and either:

(A) Notify the applicant that it is complete for purposes of evaluation; or

(B) Notify the applicant of what additional information is required before the application is resubmitted.

(b) Public Notice/Comment Period. Within 7 days after determining that an application is complete, the Department shall provide public notice of the request to the public in the same manner as is used for other water use applications. The appearance in the public notice commences a 30-day public comment period for the application. The Department may require additional information from the applicant pursuant to its own concerns and those raised by the public comments;

(c) DEQ and HD Assistance. The Department shall rely on the DEQ and the HD to comment on and recommend conditions for the limited license and shall provide the public notice and a copy of the complete application to those agencies at the opening of the comment period;

(d) Director's Action on the Application. The Director shall consider comments and recommendations received during the public comment period, and shall:

(A) Issue the license with proper conditions upon finding that:

(i) The proposed ASR testing will not impair or be detrimental to the public interest;

(ii) The proposed ASR testing will produce information that will adequately describe the water quality and quantity response in the aquifer and at nearby wells and springs due to ASR activities; and

(iii) The proposed use will not expand the use under an existing water right; or

(B) Deny the application upon finding that the ASR testing will impair the public interest or will not adequately produce information that will describe the water quality and quantity response in the aquifer and at nearby wells and springs due to ASR activities.

(e) Starting January 1, 1997, the actions outlined in subsection (4)(d) of this section shall occur within 60 days of the close of the comment period;

(f) The Department shall send a copy of the final order to commentors.

(5) Limited License Conditioning. A limited license shall contain the following conditions:

(a) Test Plan Authorization. The limited license shall authorize an ASR test plan which includes the source for injection water, the maximum diversion rate from the source, the maximum injection rate at each well(s), the maximum storage volume, the maximum storage duration, and the maximum recovery rate at each well(s);

(b) Duration. The Director may issue a limited license for ASR purposes for a term of not more than five years;

(c) License Renewal. The limited license may be renewed if the applicant demonstrates to the Director's satisfaction that further testing is necessary and that the applicant complied with the terms of the limited license. The Department shall offer an additional public comment opportunity prior to renewing the limited license. The standards, findings and process used in the license renewal process shall be as provided in OAR 690-350-0020 and, as a condition of renewal, the Department may further condition the license consistent with the requirements of this rule;

(d) Notice Prior to Injection and Recovery. The licensee shall give notice, in writing, to the watermaster not less than 15 days in advance of initiating injection under the limited license and recovering stored water. The injection notice shall include the limited license number, the location of the injection source water diversion, the quantity of water to be diverted from that source, the time of injection, and the place of injection. The recovery notice shall include the limited license number, the location of the recovery well(s), the time of recovery, and the quantity of water to be recovered;

(e) Record of Use. The permittee shall maintain a record of injection and recovery, including the total number of hours of injection and recovery and the total metered quantity injected and recovered. The record of use may be reviewed by Department staff upon request;

(f) Modification/Revocation. The Department shall notify the licensee in writing when the Director either considers modifying or revoking the limited license and allow the licensee to respond:

(A) The Director may modify the ASR limited license for any of the following reasons:

(i) To reflect changes in HD and DEQ water quality or treatment standards;

(ii) To address needed technological changes as requested by DEQ or HD to minimize constituents regulated under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165);

(iii) Upon written request from the applicant for minor adjustments to the authorization in the limited license.

(B) The Director may revoke or modify the ASR limited license for any of the following reasons:

(i) To prevent or mitigate injury to other water rights, minimum perennial streamflows or aquifer water quality; or

(ii) To address any other unintended, injurious effects of the ASR activity.

(C) The Department may offer an additional public comment opportunity consistent with the notice and comment provisions of this rule prior to modifying the limited license.

(g) Priority/Protection. A limited license does not receive a priority date and is not protected under ORS 540.045;

(h) Compliance with Other Laws. The injection of acceptable water into an aquifer(s) under the limited license shall comply with all applicable local, state or federal laws;

(i) Water Quality Conditions:

(A) The limited license shall include conditions to minimize, to the extent technically feasible, practical and cost-effective, the concentration of constituents in the injection source water that are not naturally present in the aquifer;

(B) Except as otherwise provided in (5)(i)(C) of this rule, if the injection source water contains constituents regulated under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165) that are detected at greater than 50 percent of the established levels, the aquifer storage and recovery limited license may require the licensee to employ technically feasible, practical and cost-effective methods to minimize concentrations of such constituents in the injection source water. The Department, in consultation with DEQ and HD, may set specific limits between 50 and 100% of the established level for constituents regulated under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165) as provided by the standards in paragraph (3)(b)(E) of this rule;

(C) Constituents that have a secondary contaminant level or constituents that are associated with disinfection of the water may be injected into the aquifer up to the standards established under OAR 333-061-0030 (ORS 448.131 and 448.273);

(D) The Department may, based upon valid scientific data, further limit certain constituents in the injection source water if the Department finds that those constituents will interfere with or pose a threat to the maintenance of the water resources of the state for present or future beneficial uses;

(E) The licensee shall be in compliance with treatment requirements and performance standards for source waters identified in OAR 333-061-0032;

(F) If during the course of ASR testing a constituent which is regulated under OAR 333-061-0030 (ORS 448.131 and 448.273) or OAR 340-040 (ORS 468B.165) is detected above the level prescribed in the limited license, the licensee shall stop injection activities and notify the Department.

(j) Monitoring/Sampling/Recovery/Reporting. The limited license shall include conditions for reporting and monitoring the ASR project aquifer impacts and for constituents reasonably expected to be found in the injection source water. The Department may attach conditions to the limited license regarding sampling and rates of recovery up to 100 percent of the injection quantity. (Data collected under these provisions may be useful in consideration of modifications to the limited license);

(k) Protection for Existing Users. The limited license shall be conditioned to protect existing water rights and the water quality of existing users that rely upon the receiving aquifer and the injection source water;

(l) Use of Recovered Water. If the limited license proposes to recover water injected under an existing water right, the use of the recovered water shall be for the use cited in the water right. If the limited license is not predicated on an existing water right, the limited license may authorize a use(s) for the recovered water;

(m) Other Conditions. The limited license may contain any other conditions required by the Department to protect the public welfare, health, and safety.

Or. Admin. Code § 690-350-0020

WRD 2-1996, f. & cert. ef. 2-12-96

Stat. Auth.: ORS 536.027 & ORS 537.534

Stats. Implemented: ORS 537.531 - ORS 537.534