Or. Admin. Code § 340-040-0108 - Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: General Policies
Groundwater is a critical natural resource providing domestic, industrial and agricultural water supply; base flow for rivers, lakes, streams and wetlands; and other beneficial uses. Therefore, the following policy is established.
(1) Program Priorities:
Groundwater quality shall be protected throughout the state of Oregon. However,
the Commission shall concentrate its groundwater quality protection
implementation efforts in areas where the practices and activities related to
the use of one or more substances of concern have the greatest potential for
degrading groundwater quality and where potential groundwater quality pollution
would have the greatest adverse impact on beneficial uses.
(2) Beneficial Uses: Groundwater shall be
protected for both existing and future beneficial uses so that the State may
continue to utilize the resource for whatever beneficial uses the natural water
quality allows. High quality groundwater shall be maintained for present and
future uses.
(3) Scientific
Evidence: The Commission shall set a maximum measurable level for a contaminant
or substance of concern only when there is sufficient scientific evidence to
show that the contaminant or substance of concern may cause adverse effects to
public health or the environment.
(4) Naturally Occurring Contaminants: For
contaminants that naturally occur in groundwater in concentrations above the
maximum measurable level, the Commission shall consider the natural background
level to be the equivalent of the maximum measurable level for that groundwater
source.
(5) Public Health: The
Department shall, for the purposes of establishing maximum measurable levels
and developing environmental and health advisories, consult with the Oregon
Health Division regarding human health concerns.
(6) Wildlife: A preliminary assessment by EPA
indicates that aquatic criteria are not in all cases protective of wildlife
(e.g., include mercury, selenium, polychlorinated biphenyls, DDT and possibly
chlorinated alkanes, benzene, phenols as well as metals in general). However,
for contaminants or substances of concern, the Department may rely on the
limited information available in EPA's Water Quality Criteria for protection of
aquatic and wildlife species as their foundation for recommendations to the
Commission, unless scientifically valid evidence shows this to be
inadequate.
(7) The Commission
recognizes, however, that studies of aquatic and wildlife species are extremely
limited. This reduces confidence in the Commission's ability to ensure that
maximum measurable levels of contaminants will be protective of those groups in
the environment.
(8) Methods Flow
Chart: A flow chart, Appendix 1, graphically describes the methods to be used
in establishing maximum measurable levels, which may, as appropriate, be used
to interpret these rules.
(9)
Public Support via Education: Public support of the groundwater protection
program is essential to its long-term success, and voluntary compliance will
likely lead to the least cost program. Therefore, the Commission is encouraged
to conduct ongoing public education and demonstration programs designed to
inform the public concerning:
(a) Various
contaminants;
(b) The various
elements of the groundwater protection program; and
(c) How the public can participate in
protecting Oregon's groundwater resource.
(10) Other Rules and Statutes Unchanged:
Nothing stated in these rules is intended to change or be changed by OAR
340-040-0001 to
340-040-0080 (General
Groundwater Protection); OAR 340, division 108 (Spills and Other Incidents);
OAR 340, division 150 (Underground Storage Tank Rules); OAR 340, division 122
(Environmental Clean-up Rules); or OAR 690, division 10 (Appropriation and Use
of Groundwater).
(11) While
economics, detection technology and feasibility are excluded from consideration
in establishing an MML, these factors may be considered in determining
appropriate remedial responses.
View a PDF of appendices by clicking on "Tables" link below
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 183.335(7), 468.015, 468B & 536.137
Statutes/Other Implemented: ORS 468B.155
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