**~"** 

### B. 

# ei



# .'

•• \. APPENDIXD OREGONHAZARDOUSWASTEPOLICIES: ASAMPLING

··A. HAZARDOUS'WASTECOUNTING CITINGHAZARDOUSWASTEGENERATORVIOLATIONS, 8/26/91

1-C. INSPECTION GUIDELINES·AT ILLEGAL TSDFs UNDER DEPARTMENT ORDERS. FOR CLOSURE/CORRECTIVE /
<, ACTION,.8/1/90 r

.. D. ,CLOSURE/CORRECTIVEACTIONHAND-OFFPROCEDURES, 7/89



## ...

. E.. DEQ HAZARDOUSWASTE ENFORCEMENTGUIDELINES

. ,**~ND PROC~DURES,**  6/91 '\

{>.

. " -,

,. . . . ,'."**._'-~** .., ....--::. -**I-;··:,-~!::~-~·;·-.** -.**".,~;~;"f:'** ,";: ,.**-~_.-:**

# • OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY HAZARDOUS AND SOLID WASTE DIVISION

POLICY Title COUNTING HAZARDOUS WASTES Effective Date September 30, 1991 Description 

# :.'. The Oregon regulation in OAR 340-100-002(1) adopts by reference the Federal RCRA regulation in 40 CFR 261.S(d) which includes a description ofhow hazardous wastes**a~e** to be counted

. in determining one's generator category. This regulation, however, does not specify ifwastes are counted on a monthly basis after they are·reclaimed and reused on site. The DEQ recognizes that there have been inconsistencies on the state and federal levels dealing with the issue ofhow to count hazardous wastes to determine the regulatory compliance requirements a generator is responsible for. Also, the current way DEQ "counts" hazardous waste(s) does not promote or encourage waste reduction, is difficult to apply in the field, and, at times, is confusing. There are several reasons why a hazardous waste generator must count the hazardous waste(s) s/he generates each month: 1) To determine generator status (category), and therefore, the hazardous waste regulations a generator must comply with; 2) To determine reporting requirements;

. 3) To determine ifhazardous waste generator fees are owed, and; 4) To determine ifa Toxic Use Reduction Plan is required. The attached matrix is designed to help generators determine which hazardous waste to count and why. Hazardous waste(s) are counted ona calendermonth by month basis. The "multiple counting" exemption only applies within one month. All hazardous wastes(s) generated in a calender month are included by ·.a generator to determine his/her generator status, unless the

hazardous waste(s) was previously generated, recycled on site, reused on site, and counted as a hazardous waste within the same calendermonth; regardless.if that hazardous waste was or is to be recycled in'a separate.calender month. .-

.The intent ofthis memo is to improve consistency within Oregon's Hazardous'Waste Program in counting.hazardous waste
...and to ensure equivalence to the federal RCRA program.



### . . "
.**~-JO-9/** Date·
1'-30

### -V Date Tom Bispham,

## iCiAdministrator pg-1 APPROVED BY 

# •**~'**OREGON DEPARTMENT OFENVIRONMENTAL QUALITY HAZARDoUS WASTE PROGRAM HAZAROOUS WASTE COUNTINGMATRIX 

## *****.* REASON TOCOUNT HAZARDOUS WASTE

## ******

# c

Hazardous Generator Report Annual HWFees TOR Waste (HW) Status 

### & HWs on HWs will Be Plan

Activitv ReQulation Manifest Reports Reauired On-site closed' loop recycling 

### - (Not a waste)

. NO (N) N N N N On-site in-line/ continuous recycling/rec- 

## ., . lamation. Including accep- N N N N N table closed conveyance equipment. On-site open loop recycling. , May go to storage, accumulation, or a container prior to recycling unit. --CEG YES (Y) N N N N --SQG/LQG Y N Y Y Y Offsite management InclUding waste to be recycled. --CEG y N* N N N --SQG/LQG Y Y Y Y Y


## * A.manifestmay·**b~** required by the receiving facility. DEFINITIONS AND EXPLANATIONS OFTERMS USEDABOVE: 

### t· 

# o

.1} "Acceptable closed conveyance equipment" refers to a

situation where reclamation operations are literally enclosed, hard plumbed with pipes to the unit that generates the waste. This may be allowed on a case-by case basis under 40 CFR 260.31(b}. Refer to 51 FR 25442, July 14, 1986 for further discussion. Page 2 or

# •

.:.'. 2) "Annual hazardous waste reports" Beginning in 1992, all Small Quantity and Large Quantity hazardous waste generators, (as well as TSD's and off site recycling facilities), must complete an annual report ofhazardous waste activities. This report is intended to cover activities of the previous calendar year and is due March 1 of each.year. The report should include both on site and off site hazardous waste generator activities. 3) "Closed loop recycling" criteria are.found in 40 CPR 261.4(a)(8) and involve materials which are not solid wastes, and therefore, not hazardous wastes. The following materials are not solid waste for the purposed of this part: Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: 

### (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected.with pipes or other comparable includes means of conveyance; 

### (ii) Reclamation does not involve controlled flame combustion (such as occurs in boiler, industrial furnaces, or incinerators); 

### (iii) The secondary materials are never accumulated in such tanks for over twelve month without being reclaimed; and (iv) The reclaimed material is not used to produce a fuel, .or used to produce products that are used in a manner

constituting disposal.

. - For the purposes of "closed loop recycling", degreasing processes are not considered "productioll" processes, and the reclaimed degreasing solvent, when subsequently used as'a:degreaser, Is not feedstock. Therefore, a degreasing process would not fit the criteria for a closed loop recycling system. 4) "DEQ" refers to the Oregon Department of Environmental Quality. 5) "Generator Status" There are three categories (status) of hazardous waste generators. Each category has different regulatory requirements. These categories are: Large Quantity Generator You are a -Large Quantity Generator (LQG) if in one calendarmonth you•.• o generate 2,20:0 or more pounds ofhazardous waste o generate 2,200 pounds ormore of spill cleanup debris containing hazardous waste
. o generate more than 2.2 pounds of acutely hazardous waste o generate more than 220 pounds of spill cleanup debris containing an acutely hazardous waste o accumulate, at any time, more than 2.2**~ounds** of acutely hazardous waste on'.site. Page 3Small Quantity Generator You are a Small Quantity Generator (SQG) if in one calendar month you... o generate more than 220 pounds and less than 2,200 pounds of hazardous waste o generate more than 220 pounds and less than 2,200 pounds of spill cleanup debris containing hazardous waste o accumulate, at any time, more than a total of 2,200 pounds ofhazardous waste on site Conditionally Exempt Small Quantity Generator You are a Conditionally Exempt Small Quantity Generator (CEG) ifin one calendar month you..• o generate 2.2 pounds or less of acutely hazardous waste o generate 220 pounds or less ofhazardous waste o generate 220 pounds or less of spill cleanup debris containing hazardous waste o' accumulate, at any time, up to 2,200 pounds ofhazardous waste on site 

### 6) . "EW" means a hazardous waste as defined in 40 

### CFR261.3 and OAR 340-101-033.

(i) only tank storage is involved, and the entire process through completion ofreclamation is closed by being entirely connected with pipes or other comparable includes means of conveyance; (ii) Reclamation does not involve controlled flame combustion (such as occurs in boiler, industrial furnaces, or incinerators); (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are.used in a manner**constitut~ng** disposal; and,

. (v) The reclaimed material, ifused as a material product' substitute, must·be a demonstrated to be a legitimate

. product substitute.

. . Any waste produced by the recycling/reclamation unit wouldbe subject to hazardous waste regulations.

. 9) "Manifest" means the'shfpping document EPA'form 8700-22 and, ifnecessary, EPA'form**8~0'0-22A;** originating'and signed by the generator in accordance with the instructions included in the Appendix to Part 262 of40 CFR and OAR 340-102-060. Page 4

# ~~\ I**U~.** I

# •

., 

# •

•
".:'-- 10) "Off-site" means any site which is not "on-site" (40 CFR 270.2). 11) "On-site" means the same or geographically contiguous property which may be divided by public or private**right-of~way,** provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way (as defined by 40 CFR 260.10). 12) "Open loop recycling" refers to situations that do not meet the criteria for "closed loop recycling" and "in-line/continuous recycling/reclamation".. 13) 

### "TOR" refers to Toxic Use Reduction Plan, which must be completed ifthe generator files EPA form "R" under SARA Title 3. This would apply only to large toxic users (LTU).

'.**~age** 5

# • STATE OF OREGON DEPARTMENT OFENVIRONMENTAL QUALITY Date: INTEROFFICE MEMO
August 26, 1991



# • To: Hazardous Waste**Complia~ce** Personnel From: Paul

# Christia~s~n

# #/:
Through: Brett

## MCKnm.ht~ - , Roy**Brower~** V-;>.N Koi**\'\'\~** -;::"0 Subject: Interim Guidance

- Citing**Haza~dous** Waste Generator Violations
Background Due to a recent decision in a hazardous waste contested case hearing we have reevaluated how we cite certain hazardous waste generatorviolations. In the hearing, the hearings officer correctly pointed out that generators are allowed to accumulate hazardous waste without permits provided that certain management standards are met. Failure to comply with these management standards does not constitute a violation; however, it does result in a revocation of certain privileges and SUbjects the' generator to a hazardous waste permit. The Department intends upon addressing this issue through rulemaking. In the interim, this memo serves as guidance for citing hazardous waste generatorviolations. Although this interim,guidance changes how we've previously addressed generator violations, it does not limit our ability to enforce generator regulations. ' Regulatory Context In most cases, the regurations affected by this decision are found in 40 CFR § 262.34,.: 40 CFR § 262.34(a) says that a generator may accumulate hazardous waste without a permit provided that certain standards are-met, including: 

# • '(a)(l)
(a) (2) Compliance with 40 CFR § 265 requirements for tanks and containers. Marking each containerwith the accumulation start date

.
1(a) (3)
(a) (4) Marking each container and tank with the words "Hazardous Waste". Compliance with 40 CFR § 265 personnel training, preparedness and prevention, contingency plan

. requirements, and compliance with.40 CFR § 268.7(a)(4) waste analysis requirements for treatment of restricted waste. 

# o

In addition to 40 CFR § 262.34(a), there are other similar generator management standards that allow accumulation without a permit under certain conditions, including: 40 CFR § 262.34(c)

- Satellite accumulation. 40 CFR § 262.34(d-e-f)

- Small quantity generator regulations. 40 CFR § 261.5

- Conditionally exempt small quantity generator regulations. Also, the land disposal restrictions address generator accumulation. 40 CFR § 268.50(a) says that storage ofrestricted hazardous waste by generators is prohibited unless 40 CFR § 262.34 is complied with. This implies that failure to comply with 40 CFR

### (O § 262.34 is a direct violation of 40. CFR § 268.50(a) ifrestrictedo waste is involved. '
Problem Statement and Interim Solution It is not conceptually possible to "violate" 40 CFR § 262.34. For example, if a large quantity generator (LQG) fails to mark a container with an accumulation start date, that generator has not complied with 40 CFR § 262.34(a)(2), which revokes that generator's privilege of accumulating hazardous waste for 90 days or less without a permit. Based upon this concept, the Department cannot cite a violation of 40 CFR § 262.34(a)(2). Failure to.comply 40 CFR § 262.34 subjects'a generator'to a hazardous waste·permit (generally,. a treatment or storage permit). Hazardous waste perplits are required by statute-[ORS .466.095(1)]. Therefore, if a generator fails to comply with one ofthe accumulation provisiQns of 40 CFR § 262.34, the generatorhas violated ORS 466.095(1) by not obtaining a hazardous waste treatment or storage permit. Based upon this interim interpretation, mUltiple counts of failure to comply with 40.CFR § 202.j4 will distill into a single violation. For example, ifa generator fails to label a container with the accumulation start date or the words IIHazardous Wastell

# •

• and also stores the waste for longer than 90"days, the generator has committed repeated counts of a single violation [storage without a permit - ORS 466.095(1)]. It is recommended that container management violations and tank managementviolations be considered separate violations of ORS 466.095(1) due to the difference in types of waste management units. For**example~** if a LQG fails to perform a .tank integrity assessment and fails to mark an accumulation date on a container, these should be separated into two violations of ORS 466.095(1). It is also recommended that all Notices of Noncompliance (NON's) address the specific area of noncompliance so that the facility can easily recognize the required corrective action and not erroneously conclude that the Department is requiring submittal of a permit application. In other words, the NON should cite a violation of ORS 466.095(1), but also reference the particular management standard that triggered the violation of ORS 466.095(1)

. Even though noncompliance with 40 CFR § 262.34 sUbjects generators to permitting requirements, the Department will continue to take the view that generators are in noncompliance with generator management standards and not offer the option of becoming a permitted hazardous waste facility. Ifthe generator can correct the violation and come into compliance with 40 CFR § 262.34, that

. generator is not necessarily sUbject to 40 CFR § 264/265 permitting (and closure) requirements. On the other hand, discretion is still advocated

- those sites that have evidence of" gross mismanagement and releases should be considered for referral to the hazardous waste program for formal closure. Example Scenario and Notice ofNoncompliance Language Suppose an LQG is observed to have stored an uncovered container of FOOl hazardous waste (a restricted waste) that is not marked with an accumulation start date or the words "Hazardous Waste". Also, the same generator has stored containers in an area.with insufficient aisle space and failed to inspect an Foal hazardous waste storage tank. The violations as cited in the NON**~ight** read as follows:

• I :. Violation 1: LQG stored containers ofhazardous waste without first obtaining a hazardous waste storage permit, -in violation of ORS 466.095(1). 

# • On 

### *** Department representatives observed that LQG failed to comply with the hazardous**waste~container** management·
. standards of 40 CFR § 262.34 adopted by reference in OAR340-. 100-002. Failure to comply with these standards subjects LQG to hazardous waste permitting requirements•Specifical.lYI LQG stored an unc.overed 55 gallon container of spent trichloroethylene solvent from a degreasing operation (hazardous waste code FOOl) that was not marked with an accumulation start date or the words "Hazardous Waste". Also, LQG stored 15 containers of FOOl hazardous waste without adequate aisle space to perform inspections or provide emergency equipment access. LQG's hazardous waste containermanagement activity does·not comply with the following.management standards: A. 40 CFR § 262.34(a)(1) requires compliance with 40 CFR § 265.173(a)

- covering of containers. B. 40 CFR § 262.34(a)(1) requires compliance with 40 CFR § 265.35

- required aisle space. C. 40 CFR § 262.34(a)(2) requires marking containers with the accumulation start date. D. 40 CFR § 262.34(a)(3) requires marking containers with the words "Hazardous Waste".
Violation 2:· LQG operated a hazardous waste storage tank without first obtaining a hazardous waste storage permit, in violation of ORS 466.095(1)

.. On 

### *** Department representatives observed that LQG failed to to' comply with,the hazardous waste storage tank management standards of 40 CFR § 262.34 adopted by reference in OAR 340- 100-002. Failure to comply with these standards SUbjects LQG to hazardous waste permitting requirements. Specifically, during the period 

### *** through 

### *** LQG failed to perform daily inspections of a 7,000 gallon above-ground tank storing FOOl hazardous waste, as required by 40 CFR §**262~34(a)** (1) which requires compliance with 40 CFR § 265.195 tank system inspections

.

... Each ofthe violations in this example scenario involve restricted hazardous**~aste.** Therefore, it is also possible to cite a violation of.40 ·CFR § 268.50(a)(1) as discretion warrants. Also, note that two violations "(one with four**~rarecited** 

### where five violations would have previously**bee~JCited~** 

### .

## 4,'~o-l.A

# • STATE OFOREGON DEPARTMENT OFENVIRONMENTAL QUALITY INTEROFFICE MEMO DATE: August**~,** 1990 'IQ: DEQHazardousWaste Staff Program Guidance (PG) - 1
FROM: Brett McKnight,

## Manager$~811 .- Hazardous Waste Permit and Compliance section
SUBJECT: Inspection Guidelines at Illegal TSDFs Under Department Orders for Closure/Corrective Action
When inspecting hazardous waste facilities for compliance that are under Department order for closure or.corrective action work, the following items should be evaluated during the inspection and included as part of the final inspection report. step I: Verify compliance with the order or compliance agreement by: A. Evaluating whether time schedules in the order are being met. Documenting reasons for delays. B. Inspecting all completed work outputs addressed by, the order to ensure they were completed as required by the order; review shall encompass both quality and timeliness of outputs.
. C. Inspecting work for quality and reviewing the facility's quality control records. D. In addition to quality control records, RCRA closures require a certification by an independent, professional registered engineer that all**~losure** workwas performed according to' the approved plan. Review any certifications and the documentation used,toosupport the claim. E. Checking to see that the scope ofthe order is .adequate**~or** the situation at the facility and that there are no**unaddre~sed** problems at the site.

o 

### F. Documenting the inspection'findings and including them.in a narrative write-up, with attachments if applicable '(i.e., photos, copies of records, certifications).DEQ Hazardous Waste Staff August 1, 1990 Inspection Guidelines Page 2

step II. Review all 40 CFR 265 requirements and identify any requirements not addressed in the order." For all such requirements, evaluate as follows: / 

# o

I I· A. Inspect the site conditions to see ifthere have been changes at the facility or surroundings that now warrant measures beyond those required by the compliance agreement, such as security measures, managing precipitation run-on and run-off, contingency plan procedures, etc. B.

" " ': Use the interim status'TSD inspection checklist and record your rationale as to why a particular requirement is needed, not needed or not applicable. This requires the use·of good engineering judgment when evaluating a facility's situation, in the required follow-up actions, and in the adequate documentation of all decisions. C. Findings should be documented and included as part

# O( ", ofthe overall inspection report. step III: Review all 40 CFR 262 requirements as they pertain to the operations at the facility, including: A. Identify, review and inspect waste,generated as a result of the closure and/or corrective action work requ.ired by the order and determine compliance with 40 CFR 262. B. Identify,'review and inspect the facility's ongoing waste generating and management activities and determine compliance. step IV: Inspection**follow~up** action can occur in the following ways when**enforcem~nt** action**i~** recommended. *A.· ,Negotiate new requirements and amend the existing**closure/corr~ctive** action order to address new issues. OR

,B. Initiate-'a,separate enforcement action such as NON,,_ ., . NOV, civil penalty and/or'compliance orderto address vi.cLati.i.cne, . -',

.

, . *When negotiating new requirements and amending an

existing compliance order, the program leadmustbe involved in the enforcement follow-up.**HWFM\ZB979~**

# • Attachment 6 CLOSURE/CORRECTIVE ACTION HAND-OFF PROCEDURES (Roles and Responsibilities)

The Following discussion outlines the process steps that will be followed by the Facilities Management section and the Regions, when a new facility is discovered that requires closure/corrective action as a result ofdisposal ormismanagement ofhazardous waste. step I: Discovery by the Region of**h~zardous** waste mismanagement, disposal or suspected disposal- at a facility (complaint response, generator inspection, etc.). A. Region documents**~he** waste management activity. 1. Document the waste type by waste characterization (facility is**~equired** to characterize their waste as a generator). 2. Gather evidence (photos, samples, etc.) that help document, that a release or suspected release has occurred to the environment.

- 3. Generator inspection report. 4. Documents waste handling activities. step II: Region transfers the information to FMS. A. The region will prepare a memo covering the following: 1. Background on the facility and waste handling and management activities (past); waste types, describe surrounding area, urban/rural, domestic wells, citizen complaints, economic state ofthe company, pasthistory ofthe facility, past performance with the Department. 2. The information outlined in Step Lh concerning discovery ofthe site. B. The information in itemA1 and A2 (above) will then be sent FMS manager for review and acceptance.- .-_.. ---. C. If accepted, go to step III. Ifnot accepted, FMS will resppnd backto the regional managerwith detailed comments on.what needs to occur (i.e., more**evid~nce,** not a hazardous waste etc.).

. Page 1 Q:7/89Step III: The responsible region prepares and sends to the Facilities Management section's (FMS) contact person a complete copy of the regions file on the facility. At a minimum this should include:

Confidential information (if applicable). Any past or present complaints (resolved 

### & outstanding). Information from the AQ file related to the waste handling practice (if applicable). Information from the solid waste file related to the waste handling practice (if applicable).

If·you.·have archive files, make special note and program· office will decide how to use the information at a latter date. 1 .f" 1.
2.

3.
4. 5.

6. Any draft enforcement action (if applicable) being worked on. step IV: FMS sets up with the Region an on-site orientation tour -and introduction ofplant personnel. A.
B. This will be optional depending on site significance and time scheduling (but highly recommended)

. The site meeting is to be scheduled by the FMS staff through the regional manager orhis designated supervisor at both the convenience ofthe region and FMS work schedules. step V: FMS will be responsible for the following: A. Case development ifenforcement action is needed. B. Completing enforcement action and compliance oversight for closure/correction action. C. 

### D. TSD compfiance and compliance oversight activities. Keeping the regional manager informed on all enforcement actions. step VI: Region to continue generator compliance and oversight as needed.
NOTE: The information assembled in step II is to be copied and sentby the Region to ECD. This information is intended to satisfy the PArequirements ofECO"s site assessment section. Page 2 Q:7/89 Attachment 6 continued

# • DEQ HAZARDOUS WASTE ENFORCEMENT GUIDELINES AND PROCEDURES
INDEX
Page Abbreviations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Definitions.. . ... ... ... . ... ........ . .. 1 Enforcement Goals ;. 0 • • • • • • • • • • • 2 Types of Enforcement Actions................................. 2 Classification ofViolations......•.....•..•................. 3 Enforcement Procedures.and Referrals...........•.........•... 3 Enforcement Against HPVs..................................... 4 Enforcement Against SQGs, LQGs, and TSDFs, that are Not HPVs......................................... 5 Enforcement Against Generators that are Documented CEGs 5 Enforcement Against Generators that are Not Documented HW Generators.. • . . • . . • • • . . . . . . . . . . . . . . . . . • . . . . . 6 Exceptions to the Above Enforcement Procedures.•••....•...... 6 Approvals 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • 7



# •

# • DEPARTMENT OFENVIRONMENTAL QUALITY HAZARDOUS WASTE ENFORCEMENT GUIDELINES AND PROCEDURES JUNE 1991 Abbreviations Compliance Assurance Agreement (CAA) Department of Environmental Quality (DEQ) Enforcement Section (ES) Environmental Protection Agency (EPA) Environmental Quality Commission (EQC) Hazardous Waste (HW) Hazardous Waste Permits and Compliance Section (HWPCS) Oregon Administrative Rule (OAR)
Definitions (for the purpose of these guidelines) Formal EnforcementAction (FEA) means a Notice ofViolation and Compliance Order (NOVCO); Civil Penalty Assessment (CPA) ; or Notice ofViolation, Compliance Order, and civil Penalty (NOVCOCP). These actions are appealable to the EQC. Conditionally Exempt Generator (CEG) means a generator who generates 220 pounds or less ofHW or 2.2 pounds or less of acute HW per month, and must meet Oregon laws, and the 40 CFR261.5 requirements. Small Quantity Generator (SQG) means a generator who generates between 220 and 2,200 pounds of HW permonth, or accumulates onsite at any time more than 2,200 pounds ofHW, and must meet Oregon Laws and most of the DEQ HW rules pertaining to generators. Large Quantity Generator (LQG) means a generator who generates 2,200 pounds or more of HW per month or accumulates on-site more than 2.2 pounds of acute HW at any time, and must meet all the DEQ HW rules and Oregon laws pertaining to generators. Treatment, Storage and Disposal Facility (TSDF) means a facility authorized by a RCRA.permit or by interim status to treat, store, or dispose ofhazardous waste.

H:\GB104\GB10563 (5/91)

- 1
-

# •

• High Priority Violators (HPVs) are defined in the EPA/DEQ CAA as violators of Oregon law or the DEQ HW management rules who: 

### 1. violate the law or rules through flagrant or willful action or conduct; or 2. knowingly dispose ofHW into the environment, orwho cause a release ofHW into the environment which represents an endangerment to pUblic health or the environment due to the quantity, location or toxicity of the HW; or 3. are recalcitrant in that the violator has received a previous FEA and has either failed to correctthe violations or has later committed violations similar to those identified in a previous FEA; or 4. violate a HW permit condition or order that is equivalent to a Class I violation listed in OAR 340-12-068; or 5. is a TSDF, LQG, or SQG that sUbstantially deviates from the HW regulations. A CEG, SQG, LQG orTSDF is a HPVif it exhibits one ormore ofthe above criteria. Pursuant to the CAA between DEQ and EPA, HPVs are identified as a category ofviolatorwhich should receive the strongest enforcement priority and response. The CAA states that' all HPVs will be issued formal enforcement actions with penalties' within 135 days from the date of the inspection unless otherwise jointly agreed upon by DEQ and EPA.
Enforcement Goals 1. Protect the pUblic health and environment; 2. Obtain and maintain compliance with the DEQ statutes, rules, permits and orders; 3. Deter future violators and violations; 4. Initiate the enforcement actions described in these guidelines and**e~courage** compliance through enforcement' actions,**inspe~tions,** and conferences; 5. Issue all enforcement,actions timely and as soon as possible aftervi.o'Lat.Lcns have been documented and confirmed. 6. SUbject violators to increasingly stronger levels of enforcement action until compliance is'achieved.

H:\GB104\GB10563 (5/91) - 2 -

# • Types ofEnforcement Actions Amore detailed description ofthe Department's enforcement actions is contained in OAR 340-12-041. 1. Notice ofNoncompliance (NON). A first level enforcement action**i~sued** by authorized DEQ staffto violators ofthe HW regulations. The NON informs the violator of the violations, actions required to correct the violations, and that the violations are sUbject to a civil penalty of up to $10,000 for each day of each violation. These are not FEAs and are not appealable to the EQC. 2. Notice ofViolation and Compliance Order (NOVCO). A FEA issued by , orders a violator to comply with the HW regulations, and may require corrective action. 3. Notice of civil Penalty Assessment (CPA). A FEA issued by the Director to a violator of the HW regulations which may levy a civil penalty ofup to $10,000 for each day of each violation. 4. Notice ofViolation, Compliance Order, and civil Penalty (NOVCOCP). 

### Acombined NOVCO and CPAissued by the Director.
Classification ofViolations 1. Class I violations are set forth in OAR 340-12-068. 2. All other violations not specifically classified in OAR 340-12-068 are Class II violations unless it can be established that an unclassified violation related to the generation, management and disposal ofHW poses a major risk ofharm to pUblic health or the environment. Ifthe latter is established, the violation is a Class I violation.

. Enforcement Procedures and Referrals 1. All violations shall be addressed by at least a NON. 2. Class II**viol~tions** occurring alone, without any Class I violations, may be addressed**~olely** by a NON. 3. Class I violations shall be addressed as described in the following categories.

I 4. Enforcement referrals consist ofthe Enforcement Referral form and attached documentation. with each HW referral, state generator status (CEG, SQG, LQG) ifknown, give supporting documentation ofgenerator status, and include the EPA identification number. H:\GB104\GB10563 {5/91) - 3 -Enforcement Against HPVs 1. If there is any question on the violator status after conducting an inspection or investigation and discussing with your supervisor orregional manager, consult with the HWPCS manager and/or the ES manager. 2. Field staff complete the inspection report within 30 days of the inspection date and issue a NON. (Exception: If samples are collected and the violator status is solely dependent on the**s~mple** results, then issue the NON within 10 days of laboratory confirmation that the wastes areHW.) The NON cites all the violations, requests correction ofthe violations, states that DEQ has identified the violator as being a HPV (or potential HPV), and that the violations are being referred for formal enforcement action which may include civil penalties in an amount ofup to $10,000 for each day of each violation. You can give the violator 10 days maximum to respond to the NON and/or request a compliance or technical assistance meeting. If the violator requests a meeting, set it up as soon as possible.

4. Refer all Class I violations and repeated Class II violations for a NOVCOCP. Acivil penalty will likely be considered for each violation. You don't need to refer Class II unrepeated violations resolved through the NON. 3. Field staffprepare and submit a complete enforcement referral package to the ES within 20 days ofthe compliance meeting date, or within 30 days of issuing the NON if the violator does not request a compliance meeting.

5. ES staff draft a FEAwithin 30 days of assignment of the enforcement referral. 6. Ifthe FEA is being prepared by the HWPCS staff, then that staffdraft the FEAwithin 30 days of the compliance meeting date, orwithin 30 days of issuing the NON ifthe violator does not request a compliance meeting. 70 cLearance of FEA..draft is as follows: Headquarters: 'ES Manager, HWPCS Manager, HSW Division Administrator and RO Division Administrator. Region: Field staff, HW supervisor, Regional Managero**H:\GB104\GB10~63** (5/91) - 4 -

# •

•

.. Allowing 10**day~** for circulation of the draft FEAfor clearance, the response time is 100 days, compared to the CAA's 135,days. This allows for an unforseen delay or contingency of 35 days, including the length of time from a violator's request for a compliance meeting to the time a meeting is held.
Enforcement Against SQGs, LOGs, and TSDFs that are Not HPVs 1. Follow procedures given in steps 2, 3, 5, 6 and 7 above for HPVs (exception: do not identify the violator as a HPV in the NON)

. 2. Refer all Class I violations, and Class II violations unresolved through the NON, for a NOVCOCP. 3. If the violator is a first time v.LoLatior with muLt.i.pl e Class I violations, identify the one most environmentally significant violation or the violation for which you have the best evidence for civil penalty. Generally, one violation shall receive a civil penalty; the other violations will be cited without penalty. However, we reserve the right to assess civil penalties for multiple violations on a case-bycase basis with justification.
Enforcement Against Generators that are Documented CEGs 1. Issue a NON citing all the violations, requesting correction of all of the violations within X days ofthe NON date, and offering a compliance/technical assistance meeting. state that the violations are subject to a civil penalty of $10,000 for each day of each violation. 2. Ifthe violator corrects the violations in a timely manner, then the enforcement action is completed and the case is closed

.

.3. Ifthe violator does not correct the violations in a timely manner, refer to the ES for a NOVCO. 4. ES staff draft:a NOVCO within 20 days of assignment ofthe enforcement referral. 5. Ifthe violator fails to comply with the NOVCO when it is final by operation of law or through a contested case hearing, field staffprepare a memo requesting a CPAand updating the history since the NOVCO was issued. (A new enforcement referral'form is neither needed nor required). ES staff draft a CPAwithin 10 days of assignment

.
H:\GB104\GB10563 (5/91) - 5 -

# • Enforcement Against Generators that are not Documented HW Generators 1. Issue a NON citing the violator's failure to determine if its wastes are HW and require the violator to submit a complete HW determination within X days. 2. Ifyou do not receive a timely response to the NON, refer to the ES for a NOVGO.

a. ES staffdraft a NOVCO within 20 days of assignment of the enforcement referral. b. If the violator fails to comply with the NOVCO when it is final by operation of law or through a contested case hearjng, field staffprepare a memo requesting a CPAbe issued apd updating the history**sin~e** the NOVCO was issued

..(Anew enforcement referral form is neither needed nor**requ~red).** ES staff draft a CPAwithin 10 days of assignment. 3. Ifthe violator's response confirms either that the wastes were not HW or the amount ofHW generated establishes that the violator is a confirmed CEG, then the enforcement action is completed and the case is closed• 

# • 4 . Ifthe violator's response demonstrates the violator is a SQG or LQG, refer to ES within 20 days, for a NOVCOCP (see above enforcement against non-HPV SQG, LQG, TSDFs). ES staffdraft the FEAwithin 20 days of assignment ofthe enforcement referral.



# • Exceptions to the Above Enforcement Procedures On a case-by-case basis for just cause, field staffcan request no FEA for Class I**violations~** The procedure follows: Regional Operations staff: Submit a justificationmemo to the RO Division Administrator through the Regional HW Supervisor, Regional Manager and the ES Manager. If approved, the fully initialed or signedmemo will be returned to staff for filing. If the justification**~s** not considered sufficient by a manager or the RO**Administrat~r,** feedback will be provided to the staff. Hazardous Waste Staff: Follow above procedures, .except clearance is through the HWPCS Manager, the ES Manager, and the HW Division Administrator

.

H:\GBI04\GBI0563 (5/91) - 6 -

# •

•

•• ADOPTION OF THESE GUIDELINES: APPROVED:

Torn**Bi~pharn,** Administrator Regional Operations Division

Fred Hansen, Director

H:\GB104\GB10563 (5/91) - 7 -

# •

I. ENFORCEMENT GUIDANCE Language for use in Notices of Noncompliance (NON) The following is language to include in an NON. The language describes what additional enforcement action mayor may not be taken. Each response (A-F) is keyed to the attached list of violations (copied from Division 12). Look at the violation on that list and note the appropriate response to use in your NON. Ifthere is more than one violationyou shoulduse the response of

. the most serious violation. Some other notes: <1> Always state the Class oftheviolation if it is specifically classed. <2> Do not state the Class of the violation if it is not specificallyclassed. You shouldnotstatethe "riskofharm" in the NON. If**thevi~lation** 

### is not specifically classed you can describe it as serious (Class I caliber), significant (Class II caliber) or minor (Class III caliber). <3> You should not state the "magnitude" (nor use the word "magnitude") in the NON, as magnitude has a specific meaning and only comes into play in the calculation of a civil penalty. <4> $10,000 is themaximumdaily civil penalty for all violations except for

### three: (1) 

### violations regarding woodstoves (except for violations relating to the sale of new woodstoves), (2) a city or metropolitan service district failing to provide the opportunity to recycle and (3) financial assurancerules for ships carryingoil or' hazardous materials). Therefore, for these three violations change $10,000 per day ofviolation to $500 per day ofviolation. See 340-12-042(4) for more specifics. <5> The new Division 12 requires the issuance of a Notice of PermitViolation (NPV) for all Class I violations and when a permittee has received 3 NONs containing Class II violations in a thirty-six month period. Youcanconsiderrecommendinga ClassIIviolationbefore three NONs are issued, if' the violation needs a formal compliance schedule to resolve. For example, if a serious Class II permitviolationoccurs (eg. veryhigh opacity) that is a result**o~** 

### a lack of. control equipment or control equipment**no~** 

### capableofoperatingincompliance, thenyoucan considera referralbeforeissuingthreeNONs. However, ifthe violation is the result of failure to use the control equipment,. you can consider a referral for civil penalty without an NPV first since this would be·an intentional violationwhich is exempted from the NPV.

1 

### (08-24-92)"This is a Class I violationand is consideredtobe a serious violation of Oregon environmental law. Therefore, weare referring this violation to the Department's Enforcement section with a recommendation to proceed with a formal enforcement action including a civil penalty assessment. civil penalties canbe assessed in an amount ofup to $10,000 for each day ofviolation. 1I
RESPONSE

## "B" Response "B" informs theviolatorthat ifa particular setofsteps are not taken to correct the violation(s) the violation will be referredtotheEnforcementsectionwill a recommendationto assess a civil penalty. Therefore, the NON should set forth a specific schedule to bring the violator into compliance, and then should state: "This is a Class· I (or II) violation and is considered to be a significant violation of Oregon environmental law. Should (/ 

# 0

" 0 you fail to correct the violation in accordance with the

0 .schedule set forth above {and/or: IIshould a similarviolation occurll} , we will refer your file to the Department's Enforcement Section with a recommendation to proceed with a formal enforcement action inclUding a civil penalty

.assessment. civil penalties can be assessed in an amount of

up to $10,000 for each day ofviolation."
RESPONSE "A/BII Basedupon anevaluationofthe seriousness oftheviolationorthe cause of the violation (eg. a wiflful**vio~ation),** the enforcement response could either be Response "A" or Response "B" above.

2 

# o

# •

•

• RESPONSE "c" Response "C" is for Class Three violations. It is an escalating response based on the number ofprevious NONs. FIRST NON "This isyourfirst/secondClassIIIviolation. TheDepartment requests your cooperation in ensuring this violation does not**recur~** 

### Violations of Oregon environmental law are subject to civilpenalties in an amount ofup to $10,000 for eachday of each violation." (REPEATTHIS LANGUAGE FORCLASS III VIOLATIONS) ADDITIONALNON "This.is your second/third Class III violation of Oregon environmentallaw. Shouldyouagainhavea similarviolation, we will refer your file to the Department' s Enforcement section with a recommendation to proceed with formal enforcement·action inclUding a civilpenalty assessment. You are liable for a .civil penalty ofup to $10,000 for each day ofviolation." REFERRAL NONs Use one of the two alternatiyes below when a Class III violation has been repeated. Option 

### i "This is your third/fourth Class Three violation of Oregon environmental law. TheDepartmentrequests thatby , you

.sUbmit a written report, detailing how you intend to correct

this violation. Should the Department not receive a

.satisfactoryreportbythedate indicated, wewillreferyour violation to the Department's Enforcement section with a recommendation to proceed with a formal enforcement action including a civilpenalty assessment. .civilpenalties canbe assessed in an amount of up to $10,000 for each·day of·

.violation. II

.**opt~on2**



### "This has been an ongoing Class III violation of Oregon environmental law. We are referring your violation to the Department·s Enforcement section and recommending formal enforcement action includinq a civil penalty assessment. civilpenalties canbeassessed inanamountof.up to $10,000 for each day ofviolation."

3RESPONSE "D" Response 

### "0" is used for permitted AQ, WQ 

### &SW sources who have a documented Class One violation. Issue the NON and refer the case for a NPV. Since a NPV requires certification of full permit compliance or a detailed plan within five days of receipt, the language in the NON is designed to inform the permittee what it must do to comply**~ith** the NPV requirements between the time of your NON and receipt of the NPV, thereby giving the permittee adequatetimeto thinkabouthowtorespondto theNPV. Therefore, use following language in the NON: "As a result of the above documented Class I violation(s), we are referring your file to· the Department's Enforcement section with a recommendation to issue a Notice of Permit Violation (NPV). TheNPVis a formal enforcementactionwhich will require that you submit one of the fo.llowing to the Department within 5 working days of its receipt: 1. Awritten response certifying that thepermitted facility is complying with all terms and conditions of the Permit. This certification shall include a sufficient description of the information onwhich you are certifying compliance; or I

# '0

2. If the permitted facitity is not operating in compliance with the permit, you will be required to submit a written Pr opo s a l tobringthe facility into complia.ncewiththepermit ('

.... and all applicable regulations which shall include at least 

# O. the following:

. a. A detailed plan and time schedule for achieving compliance in the**short~st** practicable time; b. Adescription ofthe interimsteps thatwillbetaken to reduce the impact of the permit violations until the permitted facility is in compliance with the permit; and c. A statement that.you have reviewed all other conditions and limitations of the permit and no other violations of the permit were**discovered~** The purpose of the NPV is to ensure that the permitted facility is operating in compliance with all conditions and limitations ofthe permit, ortobring the'permitted facility' into compliance•.Werecommendthat'youbeginpreparationsnow to respond to the NPV. Ifyou fail to respond to-the NPVin the 5 day time frame, you will be liable for a civil penalty up to $10,000 per day for eachviolation cited in the NPV."

...,..-

4

# •

• RESPONSE "E" 

### Response "E" is used when a violation of a permit is a Class Two or Three violation. The new rules state that a permitted source shallgetnomorethanthreeNONscontainingClass II violations in any thirty-six month period without receiving an**NPV~** 

### An NPV may be issued prior to receipt of the third NON depending on the seriousness of the violation (see introductory note <5». Therefore, usethe following language in steps togettothe actual referral for an NPV: FIRST NON "The aboveviolation is a Class II (orIII) violation. oregon AdministrativeRule-340-12-041(2)(c) providesthatapermittee shall notreceivemore thanthreeNONsforClass IIviolations of the same permit within a thirty-six (36) month period without being. issued a Notice o·f Permit Violation. The Department requests your cooperation in ensuring that this violation does not recur." " 

### (REPEATTHIS LANGUAGE FOR CLASS III VIOLATIONS)
SECOND NON "This is your .second Class II (or III)' violation. Oregon AdministrativeRule 340-12-041(2)(c) providesthatapermittee shallnotreceivemore thanthreeNONsforClass IIviolations of the same 'permit within a thirty-six (36) month,period without being issued a Notice of PermitViolation (NPV). The NPV is a formal enforcementactionthatrequires youto submit oneofthe following, withinfiveworkingdays ofits receipt: (1) a certification of full compliance with all permit conditions; or (2) a.detailedplan and timeline demonstrating what steps will be taken to gain compliance, together with interimmeasures takento reducethe impactoftheviolations, and a statement that the permittee has reviewed all of the conditions and limitations of the permit and is compliance with all other provisions."
REFERRAL NON "This is your third Notice of Noncompliance for a Class II violation of your permit in the previous thirty-six (36) months {or "This is a continuing documented Class III violation ofyour permit}, pursuant to oregon Administrative Rule 340-12-041(2)(c)

.your file is .being referred to the Department's Enforcement·section for issuance of a Notice of Permit Violation (NPV). The NPV is a formal enforcement actionwhichwillrequire thatyou submitoneofthe following 5to the Department within 5 working days of its receipt: 1. Awrittenresponse certifying that thepermitted facility is complying with all terms and conditions of the Permit. This certification shall include a sufficient description of the information on which you are certifying compl-iance; or 2. If the permitted facility is not operating in compliance with the permit, you will be required to submit a written proposaltobringthefacility into compliancewiththepermit and all applicable regulations which shall include at least the following: a. A detailed plan and time schedule for aChieving compliance in the shortest practicable time; b.· Adescriptionofthe interimsteps thatwillbetaken to reduce the impact of the permit violations until the permitted facility is in compliance with the permit; and c. A statement that you have reviewed all other conditions and limitations of the permit and no other violations of the permit were discovered. The purpose of the NPV is to ensure that the permitted facility is o'perating in compliance with all conditions and limitations ofthepermit, orto bringthe permitted facility into compliance. Werecommendthatyoubeginpreparationsnow to respond to the NPV. Ifyou fail to respond to the NPV in the 5 daytime frame, youwillbe liableto a civilpenaltyup to $10,000 per day for each violation cited in the NPV."

6 i 

# o

(jHAZARDOUS WASTE MANAGEMENT AND DISPOSAL CLASSIFICATION OF VIOLATIONS 340-12-068 Violations pertaining to the management and disposal of hazardous waste shall be classified as follqws: • NON ENFORCEMENT

GUIDANCE PER NOP A/B

A
A/B A= TSD B= Generator B

A B B B

A/B

A A A

B

B B A (1) (a) (b) 

### (c)

(d)

(e) 

### (f) (g) (h)

(i)


### (j)

, (k)

(1)
(m)
(n) (0) (p) Class One: Violation ofa DepartmentorCommission order; Failure to carry out waste analysis for a waste stream or to properly apply "knowledge of process"; Operating a treatment, storage or disposal facility (TSD) without a permit or without meeting the requirements of OAR 340-105-010 (2) (a); Failure to comply with the ninety (90) day storage limit by a fully regulated generator

.or .t.he 180 day storage limit for a small quantity generator where there is a gross deviation from the requirement; Shipmentofhazardouswastewithoutamanifest; Systematic failure of a generator to comply with the manifest system requirements; Failure to satisfy manifest discrepancy reporting requirements; Failure to prevent the unknown. entry or prevent the possibility of the unauthorized entry of persons or livestock into the waste management area of a TSD facility; Failure to properly handle ignitable, reactive, or incompatible wastes as required under 40 CFR Part 264 and 265.17(b)(1),(2), (3),(4) and (5); Illegal disposal of hazardous waste; Disposal of waste Ln violation of the land disposal restrictions; Mixing, solidifying, or otherwise diluting waste to circumvent land disposal restrictions; Incorrectly certifying a waste for disposal/treatment in violation of the land disposal restrictions; Failureto sUbmitnotifications/certifications as required by land**~isposal** restrictions; Failur:e to comply with the tank integrity assessments and certification requirements; Failure of an owner/operatorofa TSD facility to have closure and/or post closure plan and/or cost estimates;


# A'PERU

# =Violation of a permit condition

. 

### .opu

# =Violation not involving a permit condition (08-24-92) Page: 17NON ENFORCEMENT

GUIDANCE PER NOP A (q)

A (r)

B (s)

A (t)

A/B (u)

B (v)

A (w)

B (x) B (y) A (z)

B (aa)

A/B (bb)

A (cc) " Failure of an owner/operator ofa TSD.facility to retain an independent registered professional engineer to oversee closure activities and certify conformity with an approved closure plan; Failure to establish or maintain financial assurance for closure and/or post closure care; Systematic failure to conduct unit specific and general inspections as required or to correcthazardous conditions discoveredduring those inspections; Failure to follow emergency procedures contained in response plan when failure could result in serious harm; Storage ofhazardoUS waste in containerswhich are leaking or present a threat of release; Systematic failure to follow container labeling requirements or lack of knowledge of container contents; Failure to label hazardous waste containers where such failure could cause an inappropriate response to a spill or leak and substantial harm to pUblic health or the environment; Failure to date containers with accumulation date; Failuretocomplywiththeexportrequirements; Violation ofanyTSD facility permit, provided that the violation is equivalent to any Class I violation set forth in these rules; Systematic failure to complywithOAR 340-102- 041, generator annual reporting requirements and OAR 340-102-012, annual registration information; Systematic failure to complywithOAR340-104- 075, Treatment, Storage, Disposal and Recycling facility annual reporting**requir~ments** and OAR 340-102-012, annual registration information; Construct or operate a new.treatment, storage ordisposal facility withoutfirst obtaining a permit; 

### (0- 

# ·0

"PER"

# =Violation ofa permit condition "NOP"

## =Violation not involvinq a permit condition (08-24-92)

. Page: 18

# • NON ENFORCEMENT

GUIDANCE PER Nap 

### B (dd)

A 

### (ee) B 

### (ff)

A 

### (gg)

A . (hh)

( 2 ) B 

### Installation of inadequate groundwater monitoring wells such that detection of hazardouswasteorhazardous constituents that migrate from the waste management area cannot be immediately be detected; Failure to install any groundwater monitoring wells; Failure to develop and follow a groundwater sampling and analysis plan using proper techniques and procedures; Failure to provide access to premises or records when required by law, rule, permit or order;

- Any violation related to the generation, management and disposal of hazardous waste which causes major harm or poses a major risk ofharm to pUblic health or the environment. Class Two:



### Any violation

-pertaining to the generation, management- and disposal of hazardous waste which is not otherwise classified in these rules is a Class Two violation. (statutory Authority: ORS CH 466)

"PER"

# =Violation ot a permit condition 

### "Nap"

# =Violation not involvinq a permit condition (08-2.4-92) 

### Page: 19(statutory Authority: ORS CH 466) or to or

release

is not a Class ownership materials

releases

(e) (d) (c) OIL AND HAZARDOUS MATERIAL SPILL AND RELEASE CLASSIFICATION OF VIOLATIONS 340-12-069 Violations pertaining to spills or releases of oil or hazardous materials shall be classified as follows: (1) Class One: (a) ViolationofaCommissionorDepartmentOrder; (b) Failure t9 provide access to premises or records when required by law, rule, permit or order; Failure by any person having control over oil or hazardous immediately cleanup spills or threatened spills or releases; Failure by any person having ownership or control over oil or hazardous materials to immediately report-all spills or releases or threatened spills orreleases in amounts equal to or greater than the reportable quantity; Any violation related to the spill or release of oil or hazaxdous materials which causes a major harm or poses a major risk of harm to pUblic health or the environment. (2) Class Two: Any violation"related to the spill or of oil or hazardous materials which otherwise classified intheserules is Two violation AlB

B A AlB NON ENFORCEMENT

GUIDANCE PER NOP AlB

A

, I

"PER"

# =Violation ofa permit condition "NOP" 

### =Violation not involvinq a permit condition (08-24-92) Page: 20

# • NON ENFORCEMENT

GUIDANCE PER NOP AlB

A A

·A

A

B B PCB CLASSIF·ICATION OFVIOLATIONS 340-12-071 Violations pertaining to the management and disposal ofpolychlorinated biphenyls (PCB) shall be classified as follows: (1) Class One: (a) Violation ofa CommissionorDepartmentOrder; (b) Treating or disposing of PCBs anywhere other than at a permitted PCB disposal facility: (c) Establishing, constructing or operating a PCB disposal facility without first obtaining a permit; (d) Failure to provide access to premises or records when required to by law, rule, permit or order; (e) Any violation related to the management and disposal of PCBs which causes a major harm or poses a major risk ofharm to pUblic health or the environment. (2) Class Two: (a) Violating a condition of a PCB disposal facility permit; (b) Any violation related to the management and disposal of PCBs which is not otherwise classified in these rules. (statutory Authority: ORS Chapter 466)



# ..

I
VIPER"

### =Violation of a.permit condition "NOP" 

### =Violation not involving a.permit condition·- (08-24-92) Page: 21

### (statutory Authority: ORS CHS. 466 

### &468) NON ENFORCEMENT GUIDANCE

PER NOP A

A

A

A

B B USED OIL MANAGEMENT CLASSIFICATION OF VIOLATIONS 340-12-072



### Violations pertaining to the management of used oil shall be classified as follows: (1) 

### Class One: (a) Using untested used oil as a dust suppressant orpesticide, or otherwise spreading untested used oil directly in the environment, if the quantity of oil spread exceeds 50 gallons per event; (b) Spreadingusedoilcontaminatedwithhazardous waste or failing to meet the limits for materials set in OAR 340-111-030; (c) Any violation related to the management of used oil which causes major harm or poses a major risk of harm to pubLi.c health or the environment. (d) Failure to provide access to premises or records when required to do so by 

### law, rule, permit or.order. (2) 

### Class Two: (a) Failureto notifytheDepartmentofactivities relating to spreading used oil; (b) Any violation related to the management of used oil which is not otherwise classified in these rules. 

# o

( 

# C

"PER"

# =Violation ofa permit condition "NOP" 

### =Violation not involving a permit condition (08-24-92) Page: 22