MEMORANDUMOFAGREEMENT BETWEEN THE STATE OF OREGON
AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 EDITORIALNOTE: For purposes ofthis MOA, the terms EPA "permit" and DEQ "license" shall be considered synonymous and will simply be referred to as permit.

I. GENERAL This MemorandumofAgreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to40CFR271.8 for the State ofOregon's Hazardous Waste Program (hereafter "State Program") authorized under Section3006 ofthe Resource Conservation and RecoveryAct (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et seg.) as amended(Public Laws94-580, 96-982, 98-616) and the United States Environmental ProtectionAgency (hereafter EPA) Regional Office for Region 10. This agreement further sets forth the manner inwhich the State and EPA will coordinate in the State's administration and enforcement of the State program, and pending State authorization, EPA's administration of the provisions ofthe Hazardous and SolidWaste Amendments of 1984 (HSWA). This agreement is enteredinto bythe Director ofthe Department of Environmental Quality, the Environmental QUality Commission, and the Public Utility Commissioner (hereinafter "Director" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA). For administrative purposes, the Department ofEnvironmental Qualitywill**s~rve** as lead agency to simplify coordination and communicationbetween the State and EPA. Nothing in this agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this agreement shall be construed to contravene any provisionof40 CFR Part 271. TheState acknowledges that EPA may establish and utilize oversight criteria, procedures, protocols and measures inevaluating the State's compliance andenforcement program. For this purpose, EPA will utilize the following documents: 1. Interim National Criteria for a Quality HazardousWaste Management Program U!ay 1984)• 

# • 2.

ZB2663 DEQ Enforcement Guidelines and Procedures for the HazardousWaste Program (November1985).

-1-Theparties will review the Agreementjointly at least once a year (and other times as appropriate) during preparation ofthe annual State Grant Work Program (hereinafter nStateWork Programn), in connectionwith grant funding under section3011 ofRCRA. This Agreement may bemodifiedupon the initiative ofeither party inorder to ensure consistency with State orFederal program modifications madeor for any other purpose mutually agreed upon. Any revisions or modifications must be inwriting and must be signed by the**Sta~e** and the Regional Administrator. This Agreement will remain in effect until such time as State program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in40 CFR271.22 and 40 CFR271.23. This Agreement shall becomeeffective at the time the State's authorization takes effect, which shall be 14days after the date ofpublication in the Federal Register.

II. POLICY**STATE~mNT** Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting final authorization byEPA, the State assumes primary responsibility for implementing the RCRA hazardous waste program within its boundaries. EPA retains its responsibility to ensure full and faithful execution ofthe requirements of RCRA, including direct implementationofHSWA in the event the State is not authorized to act. EPA also retains full authority and responsibility for implementationofRCRAon Indian lands in Oregon. TheState and the Regional Administrator agree tomaintain a high level ofcooperation and coordination between their respective staffs in a partnership to assure successful and effective administration of the State program. Section3006(g) ofHSWA provides that hazardous waste requirements and prohibitions pursuant to HSWA are applicable in authorized States. While EPA retains responsibility for the direct implementation ofthose provisions ofHSWAwhich the State is not authorized to implement, it is the intention ofEPA and the State to coordinate the implementation ofsuch provisions to the greatest degree possible. EPA assumes an oversight role upon granting final authorization to the State. EPA will oversee State program implementation in order to ensure full execution ofthe requirements ofRCRA, to promote national consistency inimplementationofthe hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe hazardous waste program, and to encourage States and the EPA to agree on desirable technical support and targets for joint efforts to prevent andmitigate environmental problems associated with the impropermanagement ofhazardous wastes. Oversight will be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcement overview, file reviews, audit inspections and periodic (at least annual) review ofState's programs.

ZB2663 -2-III. STATE PROGRAM REVIEW 

### A.

B. General TheRegional Administrator will assess the State administration and enforcement ofthe hazardous waste program on a continuing basis for equivalence and consistency with RCRA, with this Agreement, and with all**applicabl~** Federal requirements and policies and for adequacy of enforcement. This assessment will be accomplished by EPA review of information submittedby the State in accordancewith this Agreement and the State Work Program, permit overview, compliance and enforcement overview, inspections and investigations and annual review ofState program activities. TheRegional Administrator may also consider, as part ofthis regular assessment, written comments about the State's program administration and enforcement that are received from regulated persons, the public, and Federal, State and local agencies. Copies ofany suchcomments received by the Regional Administrator will be provided to the State. Toensure effective program review, the State agrees to allow EPA access to all files and other information requested by the Regional Administrator and deemednecessary for reviewing State program administrationand enforcement. Reviewofthe Department ofEnvironmental Quality and Public Utility Commissioner files may be scheduled atquarterly intervals. Program review meetings between the State and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems and to discuss mutual program concerns. These meetings will be scheduled at least fifteen days in advance unless agreed to differently. Atentative agenda for the meeting will be preparedby EPA. Identification ofPriorityActivities TheState and EPA agree to identify priority activities on an annual basis as part ofthe development ofthe state grant work program.

IV. INFORMATION SHARING

! I j

I i 

### , A. General As the national hazardous waste program matures, the respective roles and responsibilities in this State/Federal partnershipwill become more clear. Asthe respective informationneeds ofthe State and EPA evolve, changes to this section ofthe Agreement may be appropriate. During the annual review ofthis agreement, the State and the Regional Administrator will carefully examine the following information sharing provisionsfor needed revision.



### ZB2663 

### -3-B. EPA 1. EPA will keep the State informed ofthe content andmeaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the State Program. EPA will also provide general technical guidance to the State. EPA will share with the State any national reports developed by EPA from the data submitted through State reporting requirements. EPA will also forward, on amonthly basis, notification information (including newly assigned EPA identification numbers) submitted by persons i;l the State who file such forms after the effective date ofthis Agreement. This informationwill be submitted to the pirector within ten days ofthe end ofeach month for the precedingmonth. 

### 3. EPA agrees to assignEPA identificationnumbers to generators (including small quantity generators), transporters and to owners and operators ofhazardous waste treatment, storage, and disposal facilities submittingnotifications to the State after the effective date ofthis Agreement. EPA will do this after receiving a copy ofthe notification information from the State as provided in SectionIV.C.7 ofthis Agreement. 

### 4.

5.

6.



### 7.

8.

ZB2663 EPA agrees to transfer to the State any pending Part A and Part B hazardous waste management facility permit applications originally submitted to EPA pursuant to40 CFR270.10 by facilities locatedin the State and which have not already been transferred to the State, together with all pertinent file information. Pertinent file information includes applications (including accompanying narratives, plans, maps, etc.), draft permits, public notices, administrative notices, fact sheets and correspondence. Such materials will be provided within thirty days after the effective date ofthis agreement and according to any arrangements the State and the Regional Administrator may make regarding the priority oftransfer. EPA will also provide to the State, within five days ofreceipt, Part A and Part Bpermit applications submitted directly to EPA by persons in the State after the effective date ofthis Agreement. EPA agrees to makeavailable to the State copies ofany reports and data resulting from compliance inspections within thirty days ofthe inspections. EPA will make available to the State other relevant information as requested which the State needs to implement its approved program. EPA agrees to provide the State with copies ofEPA enforcement actions upon their issuance.



### -4-C. StateTheState agrees to inform the Regional Administrator ofany proposed and adopted program changes which would affect the State's ability to implement the authorized program. Program changes ofconcern include modification ofthe State's legal authorities (i.e., statutes, regulations andjudicial or legislative actions affecting those authorities), modifications ofmemorandaof agreement or understanding with other agencies, andmodifications ofresource levels (i.e., available or budgeted personnel and funds). TheState recognizes that program revisions must be madein accordance with the provisions of 40 CFR271 .21 and that until approved by EPA, revisions are not authorized as RCRA Subtitle Crequirements. 2. TheState will provide compliance monitoring and enforcement information to the Regional Administrator on a routine basis as specified in the State Work Program. 

### 3. As specified in the State Work Program, the State will routinely provide the Regional Administrator with information indicating the status of the State's facility permitting activities. The Regional Administrator will be especially concernedwith facility-specific information on the following milestones: Date permit application requested Date permit application is reviewed for completeness Date of issuance ofnotice ofdeficiency Date of receipt ofadditional information in response to notice ofdeficiency Date complete permit application received Date ofPublic Notice Date ofpermit applicationwithdrawal (and reason) Date ofpermit issuance/denial 4. TheState agrees to submit the following reports to the Regional Administrator within the specified time periods:

o Biennial report summarizing the quantities and types of hazardous waste generated, transported, treated, stored, and disposed in the State as specified in the RCRA GUidance, by October 1 ofeach even-numbered year•.

o Additional reports as negotiated in the State Work Program.

ZB26635. Where the State program involves the granting ofvariances or waivers, the State agrees to provide EPA with a copy ofeach State variance or waiver for review and comment two weeks before they are granted.



### -5-6. For those activities and facilities requiring a RCRA permit, the State agrees to provide EPA with the following information within the time frames described:

o

o

o Copies offacility permit applications, revisions and additions, and closure plans submitted prior to final administrative disposition ofpermit applications. Copies ofdraft permits, proposed permit modifications, public notices Copies of final permit or permit modifications Within fifteen working days ofreceipt

Within five working days ofcompletion

Within five working days ofcompletion 

### 7. Sothat EPA can issue EPA identification numbers and maintain a national inventory of all hazardous waste handlers, the State agrees to provide EPA with the following notification information submitted to the State after the effective date ofthis Agreement by a newhazardous waste generators (including small quantity generators), transporters and treatment, storage and disposal facilities in the State: name and location ofthe handler mailing address ofthe handler name and telephone number of a contact person type ofhazardous waste activity process codes (if the handler is a TSDF) TheState is responsible for receiving, processing and verifying notification information. TheState will also submit any updates or changes in previously submitted notification information. This informationwill be provided to the Regional Administrator within ten days ofreceipt ofthe information. 8. TheState agrees to provide EPA, within thirty days following the date ofinspection, with copies ofreports and data resulting from EPA oversight inspections and from inspections of the following facilities:



# :e
I

ZB2663 a. Six land disposal facilities

- CSSIArlington Tektronix (Beaverton) Permapost Allied Plating Boeing ofPortland Electronic Controls Design

-6-The purpose here is to facilitate and ensure a cooperative effort on the disposition ofpermit applications for high-priority facilities. b. Two facilities whichmay receive wastes from CERCLA response actions

- Baron-Blakeslee Van Waters and Rogers Thepurpose here is to accommodate EPA's semiannual inspection requirement for suchfacilities. 

### 9. Reports and data resulting from all other State compliance monitoring activities not identifed in paragraph

### 8 above will be madeavailable to EPA upon request. 10. TheState agrees to provide EPA with copies ofenforcement actions, except for Notices ofViolation, upon their issuance. D. Site Visits EPA is responsible for maintaining reliable national data onhazardous waste management•. This data is used to report to the President and Congress on the achievements ofthe hazardous waste program and to support EPA's regulatory development efforts. WheneverEPA determines that itneeds to obtain certaininformation, EPA will normally first seekto gain this information from the State. TheState agrees to supply the Regional Administrator with this informationifreadily available and as resources allow. Ifthe State is unable to provide the information or ifit is necessary to supplement the State information, EPA may conduct a special surveyor perform information collection site visits after notifying the State. EPA will share with the State any national reports developed by EPA as a result ofsuch information collection. E. Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the environment, the party in receipt ofsuchinformation shall immediately notify by telephone the other party(ies) to this Agreement ofthe existence ofsuch situation. TheDepartment of Environmental QUality and Public Utility Commissioner shall notify the Director ofEPA's Oregon Operations office (221-3250). The Environmental Protection Agency shall notify the Supervisor ofthe Department ofEnvironmental Quality's Hazardous Waste Program «503) 229-5913) or the appropriate Administrator of the Public Utility Commissioner's Motor Carrier «503) 378-6736) or Rail Carrier «503) 378-6204) Division.

ZB2663 -7-F. Confidentiality 1. Any information obtained or used in the administration ofthe State program shall be available to EPA upon request without restriction. Ifthe informationhas been submitted to the State under a claim ofconfidentiality, the State must submit that claim to EPA whenproviding information. Any information obtained from a State and subject to a claim ofconfidentiality will be treated in accordance with the regulations in40 CFR Part 2. 2. EPA agrees to furnish to the State information in its files which is not submitted under a claimofconfidentiality and which the State needs to implement its program. SUbject to the conditions in40 CFR Part 2, EPA will furnish the State information submitted to EPA under a claim ofconfidentiality which the State needs to implement its program. All informationEPA agrees to transfer to the State will be transferred in accordancewith the requirements of40 CFR Part 2.



## v. A. PERMIT ISSUANCE EPA Permitting Upon final authorization ofthe State program, EPA will suspend issuance ofjointFederal/State permits for those aspects ofthe program for which the State is receiving authorization. EPA intends to add permitting standards for processes not currently covered by the Part 264 standards. For example, the Part 264 standards do not currently cover treatment and storage ofhazardous' waste in certain types ofunderground tanks. When EPA does promulgate standards for additional processes, one ofthe following permitting strategies will be selected and followed on a case-by-case basis: (1) EPA will process and enforce a Federal RCRA permit in the State in the new area until the State receives final authorization of**equivalent~and** consistent State standards, or (2) EPA and DEQ will process and enforce ajointFederal/State HCRA permit in the new area ifState authority is adequate to proceed immediately withjoint permit issuance. At the time the State program is approved in the new areas, EPA will suspend issuance ofjoint Federal/State permits in the State. EPA will also transfer any pending permit applications, completed permits or pertinent file information to the State within thirty days ofthe approval ofthe State program in conformance with the conditions of this agreement.



# • B. EPA OverviewofState Permits While EPA may cooment on any permit application or draft permit, EPA's overview function will focus primarily on those facilities identified by the State and EPA as major facilities for permit overview•

ZB2663 

### -8-

# .e c.

ZB2663EPA may commentinwriting on any draft permit or proposed permit modification, whether or not EPA commented on the permit application, within forty-five days ofits receipt. WhereEPA indicates in a comment that issuance ofthe permit would be inconsistent with the approved State program, EPA shall include in the comment: (a) a statement ofthe reasons for the comment (including the section of the State regulations that support the comment); and (b) The actions that should be taken by the State in order to address the comments (including the conditions which the permit would include ifitwere issued by EPA.) EPA shall send a copy ofits written comments to the permit applicant. EPA shall withdraw such comments when satisfied that the State has met or refuted its concerns and shall also provide the permit applicant with a copy of suchwithdrawal. UnderSection 3008(a)(3) of RCRA, EPA may terminate a State issued permit in accordance with the procedures ofPart 124, Subpart E, or bring

# an enforcement action in accordance with the procedures of 40 CFR Part 22 in the case of a violation ofa State program . requirement. In exercising these authorities, EPA will observe the conditions established in40 CFR 271.19(e). State Permitting The State is responsible for expeditiously drafting, circulating for applicant review and comment, circulating for public review and comment, issuing, modifying, reissuing and terminating RCRA permits for all hazardous waste treatment, storage and disposal facilities in the State, and shall do so in a manner consistent with HCRA, with this Agreement, with all applicable Federal requirements, and with the State's Program Description. State agrees to call in newpermit applications according to schedules that may be established in annual work programs. TheState agrees to issue, modify and reissue all permits in accordance with Oregon Revised Statutes, Chapter459 and Oregon Administrative Rules, Chapter 340, Division 100 through 108. This agreement also applies to permits issued after final authorization but for which the processing may have begun before final authorization. The State agrees not to use its broaderwaiver,

.variance or exemption authorities so that they will result in the imposition ofany requirement less stringent than comparable Federal program requirements. TheState agrees that any compliance schedules contained in permits it issues will require compliance with applicable standards as soon as poas LbLe , The State agrees to consider all comments EPA makes on permit applications and draft permits. The State will satisfy or refute EPA's concerns on a particular permit application, proposed permit modification, or draft permit in writing before issuing the permit or making the modification. 

### -9-D. Joint Permitting Pursuant to Section 3006(g)(1) ofRCRA and in accordance with HSWA, EPA has the authority to issue or deny permits (or those portions of permits) to facilities inOregon for the requirements and prohibitions in or promulgated pursuant to HSWAuntil the State's program is amendedto reflect and receives authorization for those portions of the program. Tothe extent allowed by State authority-and regulations, such permits (or portions ofpermits) will bejointly issued by EPA and DEQ. In accordance with Section3006(c)(3) ofRCRA, and as resources allow, DEQ will participate in the administration ofHSWA provisions prior to receiving authorizationfor HSWArequirements. DEQ's participation will be negotiated on a facility-specific basis through facility management plans, included in the annual workprogram. Facility managementplans will be mutually reviewed and revised whennecessary.

VI. PERMIT ADMINISTRATION A. EPA Upon granting offinal authorization, EPA will notify all joint Federal/State permittees that the Department ofEnvironmental Quality will have prime responsibility for the future administration and enforcement ofsaidjoint permits. B. State TheState agrees to review all hazardous waste permits whichwere issued under State Law prior to the effective date ofthis agreement and to modify or revoke and reissue such permits as necessary to require compliance with Oregon Revised Statutes, Chapter459 and Oregon Administrative Rules, Chapter 340, Divisions 100 through 108. TheState agrees to modify or revoke and reissue these State permits as RCRA permits upon the expiration date ofthese permits.

VII. COMPLIANCEMONITORING AND ENFORCEMENT A. Compliance Monitoring TheState agrees to operate a timely and effective compliance monitoring system to assess andmonitor compliance with facility standards and generator and transporter requirements. TheState's compliance monitoring program is more fUlly described in its Final Authorization Application: Program Description

- SectionE and in the State's compliance and enforcement strategy. TheState will monitor, evaluate, and take appropriate action for violations ofall reporting requirements by hazardous waste generators, transporters, and facilities under the State program. This shall include a timely substantive review ofsuch reports to determine the compliance status ofpersons filing the reports. The

ZB2663 -10-State agrees to retain all records for at least three years unless there is an enforcement action'pending. In that case all records will be retained until such action is resolved. TheState agrees to carry out a program for monitoring the compliance by generators, transporters, and management facilities with applicable program requirements (see 40 CFR 271.128). Compliance inspections will be done to ascertainwhether agenerator, transporter or management facility is meetingmanifest requirements, generator and transporter requirements, and facility standards for closure/postclosure, insurance liability, ground water monitoring and other activities as defined in the annual State Work Program. EPAmay conduct compliance inspections of all hazardous waste generators, transporters, and facilities. Nothing in this Agreement shall be construed to restrict EPA's right to inspect any facility, generator, or transporter. Furthermore, EPA may conduct oversight inspections, attend certain inspections conducted by the State, conduct inspections pursuant to the requirements ofP.L. 98-616, or may inspect State-owned facilities after notifying the State of impending inspections and inviting the State to attend. Tothe extent possible, all EPA inspections will be conducted jointly with State personnel and after appropriate prior notice is provided to the State. Oversight inspections may be conducted for the following purposes: to assess the quality and completeness ofState inspections, including both procedural and technical aspects; to determine facility compliancewith applicable State requirements; and to exchange information, thereby strengthening State/EPA relations. Criteria that will be used byEPA to select facilities for oversight inspections include: suspicion ofviolations, unresolved violations, nature ofthe violations, geographic location and availability of travel funds, experience and record of the respective inspectors involved, status (major vs. non-major) and type offacility, status of permit actions, status ofgroundwater monitoring, status of closure/post-closure, suspicion ofcontinuing or prior releases, and State inspection scheduling. General criteria for EPA's evaluation ofState inspectors' performance include: the level ofregulatory knowledge, ability to obtain and evaluate information, application of appropriate regulatory requirements, appropriate determination offacility type, field documentation practices, procedural aspects ofinspections, adequacy of technical reviews, and post-inspection documentation practices (inspectionfindings and report content). EPA's primary role in oversight inspections is to evaluate performance ofState inspectors. Asecondary purpose is to determine facility compliance. Specific arrangements between the State and EPA inspectors will be agreed upon prior to the site inspection. The State inspector will be the lead inspector during ajoint oversight inspection. The EPA inspector may participate as necessary to clarify issues, evaluate, violative practices, document findings, and otherwise complete the inspection.

ZB2663 -11-

### B. After EPA receives the State inspector's report

- within 30 days ofthejoint oversight inspection

- EPA will prepare and send to the State within an additional 15 days a memorandum summarizing its findings. These findings will also be used to assess the quality ofthe compliance inspection. Inspections other than those provided for in the annual work program or otherwise carriedout as oversight inspections will be performed byDEQ or EPA if there is urgent reason. Thefollowing situations are examples: compliance follow-up for clarification, inspection to perform field sampling, or investigating suspectedviolations. DEQ will perform these sudden and urgent inspections and report to EPA in accordance with timelines negotiated between EPA and the State on a case-by-case basis. IfDEQ is unable to meet a time schedule that EPA feels is imperative, EPA may, after notifyingDEQ, perform the inspection. Enforcement Actions TheState agrees to take timely and appropriate enforcement action against persons inviolation ofgenerator and transporter standards (includingmanifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements. This includes violations detected by State or Federal compliance evaluation inspections. TheState's enforcement program is more fully described in its Final Authorization Application: ProgramDescription

- SectionE, and in the State's Hazardous Waste Enforcement Guidelines and Procedures. TheState shall have and agrees to take the enforcement leadwith appropriate enforcement action against persons inviolation of any State program requirement, including but not limited to violations detected by State or Federal inspections. TheState will maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public. Appropriate State enforcement response may include notice ofviolation for-any violation followed bytimely initiation and prosecution of enforcement proceedings whichmay be, as determined on a case-by-case basis, administrative orjudicial in nature, or other administrative remedies as prescribed by State laws. TheRegional Administrator may take enforcement action against any person determined to be in violation ofReRA in accordance with Section 3008(a)(2). EPA will follow the general principles for Federal action as contained in the Policy Framework Document (Alvin Alm memorandum of June 28, 1985). Thelack oftimely and appropriate State enforcement actionwould be the principal reason for direct Federal enforcement action. Theparties agree to cake available to each other, within 30 days of any enforcement action, any letters, orders, notices or other correspondence resulting therefrom.



### ZB2663 -12-C. AdvanceNotification and Consultation EPA and the State agree to follow the protocols for agency notification and consultation established in the Policy Framework Document (Alvin AImmemorandumofJune 20, 1984). Agencyactions will be guided by a policy of "no surprises." Specifically, the following procedures will be followed: 1. Notice ofthe State's proposedinspections will be submitted to the Chief, Waste ManagementBranchofEPA, thirty days prior to the beginning ofeach State fiscal year. 2. Notice ofselectedEPA oversight inspections will be furnished to the Manager, Hazardous Waste Section ofDEQ, within thirty days following receipt of the State's inspection list. Any modifications will be madeinwriting. Confirmations ofoversight inspections will be madeprior to the beginning ofeachquarter. 

### 3. In advance ofEPA initiating any independent Federal enforcement action, EPA will notify and consult ingood faith with the State to attempt to arrange for the State to take an appropriate enforcement action in lieu ofthe EPA action. Such notification will be given to the Manager, Hazardous Waste Operations Section ofDEQ and will provide the State with an adequate opportunity, generally at least twoweeks, to take the desired action. In general, the quarterly compliance review meetings provided for in paragraph C.4. below will serve as the focal point for notification and discussion ofpotential Federal enforcement actions. Ifas a result ofthis notification and consultation, the State and EPA do not reach agreement on an acceptable enforcement action, the Director, Hazardous Waste Division ofEPA will attempt to reconcile any outstanding differences with the Administrator, Hazardous and Solid Waste Division ofDEQ prior to proceeding further. Inno case will EPA issue an order or commence a civil action in the State without providing to the State the written notice reqUiredpursuant to Section

### 3008of RCRA.

I i


### i I ! 

# •
I 

### I 

### I 4. Compliance program review meetings will be held between appropriate program managers and staffto discuss technical or policy problems, resolve disagreements, establish plans ofaction, etc. Normally, these meetings will be scheduled no more frequently than quarterly, andmaybe held alternately at State and EPA offices.**Othe~** informationmeetings may be held to discuss specific matters as needed. 5. State and Federal compliance files are open for review at any time to appropriate compliance personnel unless other restrictions apply. EPA will make enforcment-sensitive information available to the State at the**Or~gon** Operations office. 6. Press releases will be combined, as muchas practicable, and 'coordinated through appropriate offices. Atleast three days notice will normally be given prior to issuing combinedreleases.

ZB2663 -13-

# • :

VIII. PUBLIC PARTICIPATION TheState will provide for public participation in the State enforcement process by assuring itwill: A. Investigate and provide written response to all citizen complaints duly submitted. B. Notoppose intervention by any citizen in a state civil enforcement action brought in a court where permissive interventionmay be authorized by statute or rule; and C. Publishnotice ofand provide at least 30 days for public comment on all proposed settlements ofstate civil enforcement actions brought in a court, except in cases where a settlement requires someimmediate action (e.g., cleanup) which ifotherwise delayed could result in substantial damage to either public health or the environment.

STATE OF OREGON

# ::LICc2L~

...

BY: STATE OF OREGON DEPT. OF**E~IR~NMENTAL** QUALITY BY:

# X**:h~** 

# \k1AAAb=

DATE: 

# \),o\1)lo

STATE OF OREGON ENVIRONMENTAL**QU~ITY** COMMISSION BY: 

## C.

# ,,~ ..

# ~-.... DAT

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 10**~~~~** DATE:

### J)~.**~,** 

# /ers:

DATE:

ZB2663 -14-

# •

•

• ZB4956 (8/30/85) SECTION 6 STATUTES 

### &RULES

# •

• cu. 133 

### en. 161 

### en, 183 

### en. 192 Ch. 459 Ch. 468 

### en. 484 Ch. 756 

### ca. 761 Ch. 767 HB 2145 SB138 TABLEOF CONTENTS

STATUTES (ORS) Search and Seizure Offenses Against Persons and Property Administrative Procedure Public and Private Records SolidWaste Control PollutionControl Traffic Offenses, Traffic Safety PUC, General Rail Carriers Motor Carriers OregonLaw 1985, C. 735 OregonLaw 1985, C. 670



# • ADMINISTRATIyERULES (OAR) 

## en. 340, Div. 12 Civil Penalties Ch. 340, Div. 100 to 110 Hazardous WasteManagement 

### en, 860, Div. 46 Rail Transport 

### en, 860, Div. 66 MotorVehicleTransport

ZB4956 (8/30/85)