Regulations

The current regulations on injection systems are complex due to the number of injection system designs, types, proposed uses, variation in the local site geology and the potential for drinking water contamination. Review is done on a case by case site by site basis. DEQ has clarified state rules to conform with the new and existing Federal regulations (OAR 340-044). Federal rules do not differentiate between new and existing injection systems all are required to meet the same standards. The new state regulations went into effect in September 2001. Any owner or operator of any type of Class V system listed above is required by federal/state regulations to:

1. Register with the delegated state agency and provide requested data;
2. Gain written DEQ approval to operate through qualifying as rule authorization, acquiring a state permit or properly closing the system (again with written approval).
3. Prevent movement of any injection fluid into a public/private water supply that might cause endangerment (prohibition of contaminant migration to groundwater); this applies to injection system construction, operation, maintenance, conversion, plugging, abandonment, or any other activity;
4. Comply with other federal regulations (40 CFR part 144-146);
5. Comply with any other measures required by DEQ in OAR 340-044. State rules prohibit the use of injection systems where better treatment or protection is available (e.g., when a stormwater or municipal sewer is available), and must also meet the requirements of the state Groundwater Act (Div. 40). By policy, these services are considered available if the system is not at capacity or is within 300 ft of the site. DEQ will confirm availability with the jurisdiction before allowing the use of injection systems.

For example, City X discharges road runoff to dry wells which are 20 feet deep. The local high groundwater table is 15 feet. This injection system is in violation of federal endangerment and state regulations because it is discharging below the high groundwater table using the uppermost aquifer as mixing zone for untreated discharges. The construction and operation of such a drywell with wet feet endangers all local groundwater users, both private and public.

Prohibited Injection Systems

The following types of injection are not allowed in Oregon:

• Class I injection of hazardous or radioactive waste or other fluids beneath the lowermost formation containing a source of drinking water.
• Class II injection used for liquid hydrocarbon storage
• Class III injection associated with fluids for mineral or natural resource extraction
• Class IV injection of hazardous or radioactive waste into or above a formation containing a source of drinking water, except for remediation activities with prior approval and oversight by EPA or DEQ.
• Class V injection:
• An injection system receiving motor vehicle waste from repair or maintenance activities (5X28)
• Fluids from floor pits or floor drains at industrial or commercial facilities including subsurface fluid distribution systems (5x28)
• Fluids from industrial or commercial areas where hazardous substances, toxic materials or petroleum products are stored, used or handled (see exception under 340--044-0015 (2)(c)
• Industrial process or municipal wastewater discharged directly into an underground source of drinking water
• Industrial, municipal or other disposal into a water bearing zone or upper most aquifer (the injection system is then defined a well under the Department of Water Resources rules and must be constructed as such, and cannot be used for disposal).
• New cesspools of any capacity cannot be permitted due to health concerns.
• Existing cesspools serving 20 or more people or 2,500 gpd after April 5, 2005 (5W10)
• New drill holes used for sanitary waste, sewage or industrial/commercial waste (see exceptions under 340-044-0015 (3)(b), 340-044-0017 and 0018 (3)). (5W9)
• Agricultural drainage (5F1), prohibited in Oregon, due to their high risk potential for contamination of groundwater.

On November 23, 1999, new federal UIC rules were signed. As of April 2000, the use of motor vehicle waste disposal systems (auto drains) and cesspools were banned nationwide at the federal level. Existing cesspools were to be phased out by April 2005. Use of Class IV systems for bioremediation became possible under rule authorization and the use of 30-day (minimum) pre-closure notification went into effect. For more details on the federal regulations visit EPA's UIC website.

Inventory Registration

All existing and new injection systems (Class I through Class V) are required to be inventoried and the data submitted to DEQ under OAR 3400-44-0018. This is considered to be inventory registration. For example:

1. All Class II systems (e.g. Mist gas field brines) must be inventoried and the data registered with DEQ, meet DEQ siting requirements and acquire an individual Water Pollution Control Facility (WPCF) permit;
2. All injection systems operating under a WPCF permit must also be inventoried and the data registered as a UIC with DEQ, including Onsite systems in use for both domestic and industrial disposal.
3. Privately owned residential driveway and garage drains need to be registered and approved by DEQ as Class V systems.

Owners and operators of injection systems are required under Federal Regulation (40 CFR 144.26) to register and provide the requested inventory data to the State to determine if they qualify as "rule authorized" and if they qualify DEQ issues a written letter of approval. This is part of the minimum primacy delegation requirements (see 40 CFR 144.83). DEQ reviews each registration application on a case by case basis. Many older sites have been registered but are not able to meet the requirements for rule authorization and are not as such non compliant, and open to federal/state enforcement as well as third party lawsuits.

New injection systems are to be registered and approved by DEQ in writing prior to construction or use. During the winter DEQ suggests registering 60-90 days in advance to allow for data base entry, site plan review, and potential design changes that may be requested to modify the design so it can meet rule authorization requirements. During the summer register at least 90 to 120 in advance. Projects with incomplete data will not be returned.

As a matter of policy, privately owned residential footing and roof drains will be excluded from registration in Oregon; however, residential garage floor drains and driveway drains will need to be registered and approved prior to installation or use.