OAR 340-040-0200
Wellhead Protection: Decertification Procedure

(1)

If the signatories to a Wellhead Protection Plan do not recertify or submit for recertification their previously certified Wellhead Protection Plan, then the Plan is automatically decertified until such time as the signatories of the Plan recertify the Plan through the update procedure per OAR 340-040-0190 (Wellhead Protection: Update Procedure).

(2)

Any Responsible Management Authority that is a signatory to a certified Plan shall have the ability to withdraw from participation in a Wellhead Protection Plan and the certification process. The Department shall review the plan to determine if the plan is still certifiable without the participation of the withdrawing Responsible Management Authority.

(3)

A plan can also be decertified by the Department if it comes to the Department’s attention that a signatory to a plan is not or has not adhered to and implemented the certified Plan.

(4)

To decertify a Wellhead Protection Plan, the Department will send a certified letter to all signatories to the Plan detailing the reason(s) why the Department believes the certified Plan is or was not being followed or is no longer valid and the Department’s intent to decertify the Plan:

(a)

The signatories to the Plan will have 30 days to respond as to why their Plan should not be decertified;

(b)

The Department will review the signatories response and make a determination as to whether the Plan is still certifiable;

(c)

The Department will then send a copy of its decision to all signatories of the Plan.

(5)

The Department will afford the remaining signatories the opportunity to maintain the certification, provided withdrawal by a Responsible Management Authority does not render the Plan uncertifiable, by notifying the Department and all other Responsible Management Authorities within the Wellhead Protection Area that they will continue to implement the plan as certified in their respective jurisdictions.

Source: Rule 340-040-0200 — Wellhead Protection: Decertification Procedure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-040-0200.

340‑040‑0001
Preface 340‑040‑0010
Definitions 340‑040‑0020
General Policies 340‑040‑0030
Permitted Operations 340‑040‑0040
Remedial Investigation and Feasibility Study 340‑040‑0050
Selection of the Remedial Action 340‑040‑0060
Non-Permitted Activities 340‑040‑0070
On-Site Sewage Disposal: Area Wide Management 340‑040‑0080
Numerical Groundwater Quality Reference Levels and Guidance Levels 340‑040‑0090
Interim Standards for Maximum Measurable Levels of Contaminants in Groundwater to be Used in the Designation of a Groundwater Management Area 340‑040‑0100
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Statement of Purpose 340‑040‑0105
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Definitions 340‑040‑0108
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: General Policies 340‑040‑0110
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Substances Regulated Under These Rules 340‑040‑0120
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Notice of Intent to Propose Contaminants for Adoption of a Maximum Measurable Level 340‑040‑0125
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Methods to Establish Maximum Measurable Levels 340‑040‑0130
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Human Health and Environmental Advisories 340‑040‑0135
Method and Criteria for Establishment of Maximum Measurable Levels of Contaminants in Groundwater: Modification to the Maximum Measurable Level 340‑040‑0140
Wellhead Protection: Statement of Purpose 340‑040‑0150
Wellhead Protection: Definitions 340‑040‑0160
Wellhead Protection: General Policies 340‑040‑0170
Wellhead Protection: Required Elements of A Wellhead Protection Plan 340‑040‑0180
Wellhead Protection: Certification Procedure 340‑040‑0190
Wellhead Protection: Update Procedure 340‑040‑0200
Wellhead Protection: Decertification Procedure 340‑040‑0210
Wellhead Protection: Appeal Procedure
Last Updated

Jun. 8, 2021

Rule 340-040-0200’s source at or​.us