STEP 8

Submit Plan to DEQ for Certification


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The last step in the wellhead protection process is to submit a report to DEQ which provides a description of how your local community developed and has chosen to implement its Wellhead Protection Plan. Preparing a written report and submitting it to DEQ will enable certification of the Plan if it meets requirements specified in OAR 340-40-170. A certified Wellhead Protection Plan will also be recognized as meeting the wellhead protection requirements under the Federal Safe Drinking Water Act of 1986, Section 1428 (42 USC 300F to 300J - 26).

Suggested Outline of Wellhead Protection Plan Report:
The following outline is provided as guidance for preparing your Plan report. Although the report format can vary according to your preference, the contents should correspond to the required elements of your Plan. DEQ suggests the following format for your Wellhead Protection Plan report:

Section 1 - Introduction:

Discuss how wellhead protection was initiated in your community. Provide a brief description of the local area, such as the geographic, economic, and resource factors. Identify all the "Responsible Management Authorities" (RMAs) - any government entity with management, rule, or ordinance making authority within the Wellhead Protection Area. The jurisdictional boundaries of each RMA can be shown on a map. Remember that RMAs can include cities, counties, special districts, Indian tribes, state/federal governmental entities and Public Water Systems. For each RMA identified, the responsibilities and the duties they will perform during implementation of the Plan should be identified in this section. Describe the procedure used to notify and attempt to involve the RMAs within your wellhead area.

Section 2 - Delineation of Wellhead Protection Area:

Describe the delineation of the Wellhead Protection Area as specified under Health Division's (OHD) rules under OAR 333-61-057(1). Include the delineation report submitted to OHD in this section if preferred. Attach the letter of certification from OHD for your delineation.

Section 3 - Inventory of Potential Contaminant Sources:

Describe how the inventory was accomplished within your Wellhead Protection Area. For an adequate inventory, your effort should have been designed to identify past practices which may have resulted in a potential threat to the groundwater, those potential sources of contamination presently existing, and those potential sources which may exist in the future.

Section 4 - Management of Potential Sources of Contamination:

Describe the management action(s) to be employed to reduce the risk of contamination to the groundwater from the source(s) identified in your inventory. Provide justification for your proposed management actions and an level of protection to be provided by these management actions.

This section should also identify the process to be used to address potential sources of contamination that may locate within the Wellhead Protection Area in the future. Discuss how the source will be evaluated for acceptability within the area, and how the management actions identified in this Plan for reducing the risk of contamination will be implemented.

Section 5 - Contingency Plan:

Describe the contingency plans for Wellhead Protection Areas developed in accordance with OHD rules under OAR 333-61-057 (3).

Section 6 - Procedure for Future Public Water System Needs:

Describe the procedure for planning for and siting new public water system wells or springs in accordance with OHD rules under OAR 333-61-057 (2).

Section 7 - Public Participation:

This section should include a description of the public participation efforts used in the preparation of the Plan and those efforts to be used during implementation of the Plan. Include a description of how property owners and residents within the Wellhead Protection Area were notified of the development of a Wellhead Protection Plan, such as a copy of any articles or adds from the local newspaper(s).

Discuss the formation of your local Team that assisted in the development of the Plan. Provide a brief description of the steps taken to provide opportunity for various interests within the affected area to participate in the develop of the Plan. Include documentation that all local public hearing procedures, if necessary, were (or will be) followed in developing and implementing the Plan.

Certification of Your Plan:

Your Wellhead Protection Plans should be submitted to DEQ's Water Quality Division at the following address:
Oregon Department of

Environmental Quality

Water Quality Division

Wellhead Protection Coordinator

811 SW 6th Avenue

Portland, Oregon 97204

DEQ shall act as the contact point for approval or certification of all Wellhead Protection Plans. DEQ will coordinate with other agencies to ensure that your Plan is consistent with the requirements and guidelines of OHD, the Department of Land Conservation and Development, Department of Agriculture, Water Resources Department, and any other entities before DEQ certifies your Plan. DEQ will consult with the Department of Agriculture on agricultural issues, the Department of Land Conservation and Development on land use issues, OHD on issues concerning delineation, new wells and contingency. DEQ is responsible for giving the overall certification for each local Wellhead Protection Plan if each element is found to be adequately addressed.

Within 60 days of the submittal of your Plan to DEQ for certification, DEQ will send a written acknowledgment of receipt of the request and an estimated date for review and certification of the plan. DEQ will reduce the response time for certification as much as possible. When approved, DEQ will provide a written certification to all signatories to the Plan.

Update Procedure:

Each Wellhead Protection Plan must be recertified every five years from the date of prior DEQ certification. A new Plan report does not generally need to be prepared. A letter request should be sent to DEQ providing information on any changes to the original Plan. By rule, the "Recertification" of the present Plan can take place only if all the following conditions apply:

If a certified Plan cannot meet the conditions above, then a revised Wellhead Protection Plan must be resubmitted for certification. The revised Plan should address all elements specified in OAR 340-40-190(3).

Decertification Procedure:

There are several ways that a previously certified Plan can become "decertified". A Plan can be automatically decertified if the signatories to a Wellhead Protection Plan do not submit for recertification within six months of the recertification date for that Plan.

A plan can also be decertified by DEQ if it comes to DEQ's attention that a signatory to a Plan is not or has not adhered to and implemented the certified Plan, although this is not an automatic decertification. Any Responsible Management Authority (RMA) that is a signatory to a certified Plan has the ability to withdraw from participation in a Wellhead Protection Plan and the certification process at any time. DEQ will review the Plan to determine if it is still certifiable without the participation of the withdrawing or non-participating RMA. Every effort will be made to avoid a decertification in this circumstance unless DEQ determines that without that RMA, the Plan cannot accomplish the goal of providing a reduction in the risk of contamination of the public water supply.

To decertify a Wellhead Protection Plan, DEQ will send a U. S. Postal Service-certified letter to all signatories to the Plan detailing the reason(s) why DEQ believes the certified Plan is or was not being followed or is no longer valid and

DEQ's intent to decertify the Plan. The signatories to the Plan will have 30 days to respond as to why their Plan should not be decertified. DEQ will review the signatories'

response and make a determination as to whether the Plan is still certifiable. DEQ will then send a copy of its decision to all signatories of the Plan.


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