~" B.

ei

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••

\. APPENDIX D

OREGON HAZARDOUS WASTE POLICIES: A SAMPLING

··A. HAZARDOUS'WASTE COUNTING

CITING HAZARDOUS WASTE GENERATOR VIOLATIONS,

8/26/91

1- C. INSPECTION GUIDELINES· AT ILLEGAL TSDFs UNDER

DEPARTMENT ORDERS. FOR CLOSURE/CORRECTIVE /

<, ACTION,. 8/1/90 r

..

D. ,CLOSURE/CORRECTIVE ACTION HAND-OFF PROCEDURES,

7/89

... . E.. DEQ HAZARDOUS WASTE ENFORCEMENT GUIDELINES . ,

~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 of how hazardous wastes a~e to be counted .

in determining one's generator category. This regulation,

however, does not specify if wastes 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 of how 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 if hazardous waste generator fees are owed, and;

4) To determine if a 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 calender month 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

calender month; regardless. if that hazardous waste was or is to be

recycled in' a separate. calender month. .-

. The intent of this 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

pg-1 Tom Bispham, iCi Administrator Date

APPROVED BY

•

~'
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

HAZARDoUS WASTE PROGRAM

HAZAROOUS WASTE COUNTING MATRIX

*****.* REASON TO COUNT HAZARDOUS WASTE ******

c

Hazardous Generator Report Annual HW Fees 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.manifest may· b~ required by the receiving facility.

DEFINITIONS AND EXPLANATIONS OF TERMS USED ABOVE:

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 of hazardous 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 calendar month you •.•

o generate 2,20:0 or more pounds of hazardous waste

o generate 2,200 pounds or more 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 3
Small 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

of hazardous waste on site

Conditionally Exempt Small Quantity Generator You are a

Conditionally Exempt Small Quantity Generator (CEG) if in one

calendar month you ..•

o generate 2.2 pounds or less of acutely hazardous waste

o generate 220 pounds or less of hazardous waste

o generate 220 pounds or less of spill cleanup debris

containing hazardous waste

o' accumulate, at any time, up to 2,200 pounds of hazardous

waste on site

6) . "EW" means a hazardous waste as defined in 40 CFR 261.3 and

OAR 340-101-033.

(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 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, if used as a material product'

substitute, must· be a demonstrated to be a legitimate . product substitute. . .

Any waste produced by the recycling/reclamation unit would be

subject to hazardous waste regulations. .

9) "Manifest" means the'shfpping document EPA' form 8700-22 and,

if necessary, EPA 'form 8~0'0-22A; originating' and signed by the

generator in accordance with the instructions included in the

Appendix to Part 262 of 40 CFR and OAR 340-102-060.

Page 4

~~\ I U~. I
•

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•

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•

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 if the generator files EPA form "R" under SARA Title 3.

This would apply only to large toxic users (LTU).

' .

~age 5
• STATE OF OREGON

DEPARTMENT OF ENVIRONMENTAL 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

generator violations. 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 generator violations. 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 container with 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 of restricted

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) if restrictedo

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 of the

accumulation provisiQns of 40 CFR § 262.34, the generator has

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, if a 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

management violations 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. If the 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 of Noncompliance 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 of hazardous 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~containermanagement· .

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•
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

container management 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 of the 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 OF OREGON

DEPARTMENT OF ENVIRONMENTAL QUALITY INTEROFFICE MEMO

DATE: August ~, 1990

'IQ: DEQ Hazardous Waste 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 work was performed according to '

the approved plan. Review any certifications and

the documentation used, too support the claim.

E. Checking to see that the scope of the 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 if there 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(",

of the 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 order to

address v i.cLati.i.cne , . -', .

, .

*When negotiating new requirements and amending an

existing compliance order, the program lead must be

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 of disposal or mismanagement of hazardous

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 of the company,

past history of the facility, past performance with

the Department.

2. The information outlined in Step Lh concerning

discovery of the site.

B. The information in item A1 and A2 (above) will then be

sent FMS manager for review and acceptance. - .- _.. ---.

C. If accepted, go to step III. If not accepted, FMS will

resppnd back to the regional manager with detailed

comments on.what needs to occur (i.e., more evid~nce,

not a hazardous waste etc.). .

Page 1 Q:7/89
Step 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 of plant 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 or his designated

supervisor at both the convenience of the region and

FMS work schedules.

step V: FMS will be responsible for the following:

A. Case development if enforcement 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 sent by the Region to ECD. This information is

intended to satisfy the PA requirements of ECO"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 of Violations......•.....•..•................. 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 OF ENVIRONMENTAL 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 Enforcement Action (FEA) means a Notice of Violation and

Compliance Order (NOVCO); Civil Penalty Assessment (CPA) ; or

Notice of Violation, 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 of HW or 2.2 pounds or less of acute

HW per month, and must meet Oregon laws, and the 40 CFR 261.5

requirements.

Small Quantity Generator (SQG) means a generator who generates

between 220 and 2,200 pounds of HW per month, or accumulates onsite at any time more than 2,200 pounds of HW, 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 of hazardous 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 of HW into the environment, or who cause a

release of HW 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 correct the 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 or TSDF is a HPV if it exhibits one or more of the

above criteria. Pursuant to the CAA between DEQ and EPA, HPVs are

identified as a category of violator which 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

after v i.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 of Enforcement Actions

A more detailed description of the Department's enforcement

actions is contained in OAR 340-12-041.

1. Notice of Noncompliance (NON). A first level enforcement

action i~sued by authorized DEQ staff to violators of the 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 of Violation 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 of up to $10,000 for each day of each

violation.

4. Notice of Violation, Compliance Order, and civil Penalty

(NOVCOCP). A combined NOVCO and CPA issued by the Director.

Classification of Violations

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 of HW poses a major risk

of harm to pUblic health or the environment. If the 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 of the Enforcement Referral

form and attached documentation. with each HW referral,

state generator status (CEG, SQG, LQG) if known, give

supporting documentation of generator 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 or regional 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 of the

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 of up 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. A civil penalty will likely be

considered for each violation. You don't need to refer

Class II unrepeated violations resolved through the NON.

3. Field staff prepare and submit a complete enforcement

referral package to the ES within 20 days of the 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 FEA within 30 days of assignment of the

enforcement referral.

6. If the FEA is being prepared by the HWPCS staff, then that

staff draft the FEA within 30 days of the compliance meeting

date, or within 30 days of issuing the NON if the violator

does not request a compliance meeting.

70 c Learance 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 FEA for

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 of the 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. If the violator corrects the violations in a timely manner,

then the enforcement action is completed and the case is

closed .

.3. If the 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 of the

enforcement referral.

5. If the violator fails to comply with the NOVCO when it is

final by operation of law or through a contested case

hearing, field staff prepare a memo requesting a CPA and

updating the history since the NOVCO was issued. (A new

enforcement referral'form is neither needed nor required).

ES staff draft a CPA within 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. If you do not receive a timely response to the NON, refer to

the ES for a NOVGO.

a. ES staff draft 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 staff prepare a memo requesting a CPA be

issued apd updating the history sin~e the NOVCO was

issued.. (A new enforcement referral form is neither

needed nor requ~red). ES staff draft a CPA within 10

days of assignment.

3. If the violator's response confirms either that the wastes

were not HW or the amount of HW generated establishes that

the violator is a confirmed CEG, then the enforcement action

is completed and the case is closed •

• 4 . If the 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 staff draft

the FEA within 20 days of assignment of the enforcement

referral.

•

Exceptions to the Above Enforcement Procedures

On a case-by-case basis for just cause, field staff can request no

FEA for Class I violations~ The procedure follows:

Regional Operations staff: Submit a justification memo to the RO

Division Administrator through the Regional HW Supervisor,

Regional Manager and the ES Manager. If approved, the fully

initialed or signed memo 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.

If there is more than one violation you should use the response of . the most serious violation.

Some other notes:

<1> Always state the Class of the violation if it is specifically

classed.

<2> Do not state the Class of the violation if it is not

specifically classed. You should not state the "risk of harm"

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 the maximum daily 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 assurance rules for ships carrying oil or'

hazardous materials).

Therefore, for these three violations change $10,000 per day

of violation to $500 per day of violation. See 340-12-042(4)

for more specifics.

<5> The new Division 12 requires the issuance of a Notice of

Permit Violation (NPV) for all Class I violations and when a

permittee has received 3 NONs containing Class II violations

in a thirty-six month period.

You can consider recommending a Class II violation before

three NONs are issued, if' the violation needs a formal

compliance schedule to resolve. For example, if a serious

Class II permit violation occurs (eg. very high opacity) that

is a result o~ a lack of. control equipment or control

equipment no~ capable of operating in compliance, then you can

consider a referral before issuing three NONs. However, if the

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

violation which is exempted from the NPV.

1 (08-24-92)
"This is a Class I violation and is considered to be 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 can be assessed in an amount of up to $10,000

for each day of violation. 1I

RESPONSE "B"

Response "B" informs the violator that if a particular set of steps

are not taken to correct the violation(s) the violation will be

referred to the Enforcement section will a recommendation to 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 similar violation

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 of violation."

RESPONSE "A/BII

Based upon an evaluation of the seriousness of the violation or the

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 of previous NONs.

FIRST NON

"This is your first/second Class III violation. The Department

requests your cooperation in ensuring this violation does not recur~ Violations of Oregon environmental law are subject to

civil penalties in an amount of up to $10,000 for each day of

each violation."

(REPEAT THIS LANGUAGE FOR CLASS III VIOLATIONS)

ADDITIONAL NON

"This. is your second/third Class III violation of Oregon

environmental law. Should you again have a similar violation,

we will refer your file to the Department ' s Enforcement

section with a recommendation to proceed with formal

enforcement·action inclUding a civil penalty assessment. You

are liable for a .civil penalty of up to $10,000 for each day

of violation."

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. The Department requests that by , you . sUbmit a written report, detailing how you intend to correct

this violation. Should the Department not receive a .satisfactory report by the date indicated, we will refer your

violation 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 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.

civil penalties can be assessed in an amount of. up to $10,000

for each day of violation."

3
RESPONSE "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

adequate time to think about how to respond to the NPV. 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). The NPV is a formal enforcement action which

will require that you submit one of the fo.llowing to the

Department within 5 working days of its receipt:

1. A written response certifying that the permitted 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 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 to bring the facility into complia.nce with the permit ('....

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. A description of the interim steps that will be taken

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 of the permit, or to bring the'permitted facility'

into compliance •.We recommend that 'you begin preparations now

to respond to the NPV. If you fail to respond to-the NPV in

the 5 day time frame, you will be liable for a civil penalty

up to $10,000 per day for each violation 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

shall get no more than three NONs containing Class 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, use the following language in steps to get to the actual

referral for an NPV:

FIRST NON

"The above violation is a Class II (or III) violation. oregon

Administrative Rule -340-12-041(2) (c) provides that a permittee

shall not receive more than three NONs for Class II violations

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." "

(REPEAT THIS LANGUAGE FOR CLASS III VIOLATIONS)

SECOND NON

"This is your .second Class II (or III)' violation. Oregon

Administrative Rule 340-12-041 (2) (c) provides that a permittee

shall not receive more than three NONs for Class II violations

of the same 'permit within a thirty-six (36) month, period

without being issued a Notice of Permit Violation (NPV). The

NPV is a formal enforcement action that requires you to submit

one of the following, within five working days of its receipt:

(1) a certification of full compliance with all permit

conditions; or (2) a. detailed plan and timeline demonstrating

what steps will be taken to gain compliance, together with

interim measures taken to reduce the impact of the violations,

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 of your 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

action which will require that you submit one of the following

5
to the Department within 5 working days of its receipt:

1. A written response certifying that the permitted 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

proposal to bring the facility into compliance with the permit

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.· A description of the interim steps that will be taken

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 of the permit, or to bring the permitted facility

into compliance. We recommend that you begin preparations now

to respond to the NPV. If you fail to respond to the NPV in

the 5 day time frame, you will be liable to a civil penalty up

to $10,000 per day for each violation cited in the NPV."

6

i

o

(j
HAZARDOUS 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 of a Department or Commission 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;

Shipment of hazardous waste without a manifest;

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;

Failure to sUbmit notifications/certifications

as required by land ~isposal restrictions;

Failur:e to comply with the tank integrity

assessments and certification requirements;

Failure of an owner/operator of a 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: 17
NON

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 of a 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

correct hazardous conditions discovered during

those inspections;

Failure to follow emergency procedures

contained in response plan when failure could

result in serious harm;

Storage of hazardoUS waste in containers which

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;

Failure to comply with the export requirements;

Violation of any TSD facility permit, provided

that the violation is equivalent to any Class

I violation set forth in these rules;

Systematic failure to comply with OAR 340-102-

041, generator annual reporting requirements

and OAR 340-102-012, annual registration

information;

Systematic failure to comply with OAR 340-104-

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

or disposal facility without first obtaining a

permit;

(0-

·0

"PER" = Violation of a 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

hazardous waste or hazardous 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

of harm 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) Violation of a Commission or Department Order;

(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 or releases 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 in these rules is

Two violation

AlB

B

A

AlB

NON

ENFORCEMENT

GUIDANCE

PER NOP

AlB

A

,

I

"PER" =Violation of a 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 OF VIOLATIONS

340-12-071

Violations pertaining to the management and

disposal of polychlorinated biphenyls (PCB)

shall be classified as follows:

(1) Class One:

(a) Violation of a Commission or Department Order;

(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 of harm 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

or pesticide, or otherwise spreading untested

used oil directly in the environment, if the

quantity of oil spread exceeds 50 gallons per

event;

(b) Spreading used oil contaminated with hazardous

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) Failure to notify the Department of activities

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 of a permit condition

"NOP" = Violation not involving a permit condition

(08-24-92)

Page: 22