2025 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 468B - Water Quality
Section 468B.175 - Ground water quality concern area; declaration; recommendation; findings.

(1) The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality concern area if, based on the results of the department’s monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department:

(a) Confirms the presence of ground water contaminants suspected to be the result, at least in part, of nonpoint source activities; and

(b) Based on the best available information, finds that one or more of the factors identified in subsection (2) of this section is present.

(2) Before recommending a declaration of a ground water quality concern area under subsection (1) of this section, the department must find that:

(a) A significant number of wells or other sensitive receptors monitored by the department, including domestic wells, have been or will be affected by ground water contamination;

(b) Nonpoint sources have been identified as possible sources of contamination but require additional investigation to understand appropriate interventions; or

(c) Deterioration of water quality in the area could lead to an exceedance of the thresholds described in ORS 468B.180 within 20 years unless remedial action is taken.

(3) A declaration of a ground water quality concern area by the commission must identify:

(a) Each contaminant of concern that has been confirmed to be present in the ground water; and

(b) Ground water aquifers that may be affected by a contaminant of concern.

(4) Before recommending that the commission declare a ground water quality concern area, the department shall:

(a) Ensure that sample results utilized to develop the recommendation have been produced or verified by an accredited laboratory;

(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

(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. [Formerly 468.696; 2025 c.605 §2]

Note: See note under 468B.150.