1. (1) The Department may identify or develop generic remedies for common categories of facilities, hazardous substances, or impacted media. For purposes of this rule, a “generic remedy” means a potential remedial technology or method developed or identified by the Department for use at eligible facilities on a streamlined basis with limited evaluation of other remedial action alternatives. Generic remedies may be used as follows:

   1. (a) A generic remedy that has been developed or identified by the Department may be proposed for use at an eligible facility. When evaluating a generic remedy proposed for use at a specific facility, the specific requirements of the remedial investigation or feasibility study may be focused or eliminated, with Department approval.
   2. (b) Any generic remedy which allows for elimination of the requirement for conducting a site-specific feasibility study shall be based on a generic feasibility study documenting the Department’s conclusions with respect to the manner in which facilities eligible for use of the generic remedy will meet the requirements of OAR 340-122-0085 and 340-122-0090.
   3. (c) Any generic remedy which includes numeric cleanup standards as a component of the remedy shall be based on a generic risk assessment documenting the Department’s conclusions with respect to how facilities eligible for use of the generic remedy will achieve acceptable risk levels and other requirements of OAR 340-122-0084 through 340-122-0090.
2. (2) In developing generic remedy guidance, the Department will provide opportunities for public participation regarding the scope and content of the guidance.
3. (3) Remedial actions proposed under this rule are subject to the public participation requirements provided under ORS 465. 320 and OAR 340-122-0100.
4. (4) The Department may select or approve use of a generic remedy at a specific facility upon a facility-specific demonstration that the generic remedy is consistent with Department generic remedy guidance and in compliance with OAR 340-122-0090(1).

Statutory/Other Authority

ORS 465.315 & 465.400

Statutes/Other Implemented

ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895

History

DEQ 2-1997, f. & cert. ef. 2-7-97