1. (1) The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality management area if, through monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department confirms that, as a result of suspected nonpoint source activities, there is present in the ground water:

   1. (a) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165; or
   2. (b) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165.
2. (2) A declaration of a ground water quality management area by the commission shall identify each contaminant of concern detected in the ground water and ground water aquifers that may be affected.

3. (3) Before recommending the declaration of a ground water quality management area under subsection (1) of this section, the department shall:

   1. (a) Ensure that sample results utilized to develop the recommendation have been produced or verified by an accredited laboratory;
   2. (b) Ensure that data and results utilized to develop the recommendation were collected in accordance with a quality assurance project plan or a similar document; and
   3. (c) Submit to the commission, and make publicly available, the methodology utilized to evaluate the results and conduct the data evaluation that would cause the department to make the recommendation.
4. (4) After a declaration under subsection (2) of this section, a state agency may exercise within the ground water quality management area any of the agency’s authorities or responsibilities related to the prevention or control of ground water contamination in a ground water quality concern area, regardless of whether the ground water quality management area was previously declared a ground water quality concern area.

Note: Section 44, chapter 605, Oregon Laws 2025, provides:

Sec. 44. (1) Notwithstanding the amendments to ORS 468B.150 and 468B.180 by sections 1 and 9 of this 2025 Act, an area subject to a declaration under ORS 468B.180 as of the day immediately preceding the effective date of this 2025 Act [January 1, 2026] shall be deemed to be declared a ground water quality management area on the effective date of this 2025 Act.

(2) If a lead agency determines that a requirement imposed on any state agency, interagency team or ground water management committee by the amendments to ORS 468B.180, 468B.182, 468B.184 or 468B.186 by sections 9 to 12 of this 2025 Act is duplicative or unnecessary because of actions taken in an area described in subsection (1) of this section before the effective date of this 2025 Act, the lead agency may deem the requirement to have been satisfied for purposes of ORS 468B.180, 468B.182, 468B.184 or 468B.186. [2025 c.605 §44]

Note: See note under 468B.150.

[Formerly 468.698; 2025 c.605 §9]