Non-permitted activities shall include, but not be limited to, spills, releases and past practices from activities that are not subject to a permit and activities that are subject to a permit but were not permitted at the time of the release.

1. (1) Except as provided otherwise under statutory or administrative authorities, when a non-permitted activity could result in or has resulted in the pollution of groundwater the Department may require the liable person to:

   1. (a) Conduct a remedial investigation and feasibility study pursuant to OAR 340-040-0040;
   2. (b) Implement remedial action pursuant to OAR 340-040-0050.
2. (2) In conducting the remedial investigation and feasibility study, and selecting the remedial action under the requirements contained in OAR 340-040-0040 and 340-040-0050, the concentration limits will be established at background water quality levels.
3. (3) Clean-up levels for non-permitted activities will be established by the procedures contained in OAR 340-040-0040 and 340-040-0050 which include evaluations of practicability as contained in OAR 340-040-0050(1)(b).

Statutory/Other Authority

ORS 468 & 468B

Statutes/Other Implemented

ORS 468.035 & 468B.155

History

DEQ 27-1989, f. & cert. ef. 10-27-89, Renumbered from 340-041-0029
DEQ 13-1984, f. & ef. 7-13-84
DEQ 24-1981, f. & ef. 9-8-81