# 11

.....--"", OREGONADMINISTRATIVERULES CHAPTER340, DIVISION 12 DEPARTMENTOFENVIRONMENTALQUALlTY

# e~·

# .. DIVISION 11

CIVILPENALTIES

[DEQ33, f. 12-17-71,ef. 1-1-72; Repealedby DEQ78, f.**~74,** ef. 9-25-74J NoticeProvisioas 340-12-010 [DEQ 33, f. 12-17-71, ef. 1-1-72; Repealedby DEQ78. f. 9-6-74, ef. 9-25-74)

. ClamracadonandScheduleforVloladoaof Airqudty 340-12-015 [DEQ 33, f. 2-17-71, ef. 1-1-72; Repealedby DEQ78. f.9-6-74.ef.9-25-74J
CIassiflcadon andScheduleforViolationofWaterQuality 340-12-020 [DEQ33,f.12-17-71.ef.I-1-72;

• Repealedby DEQ78. f. 9-6-74,ef. 9-25-74J

CJassiflc:ationandSchedulefor Violation of SolidWaste 340-12-025 [DEQ 33, f. 12-17-71,ef. 1-1-72; Repealedby DEQ78.**f.~74.ef.9-25-74J** Definitions 340-12-030Unless otherwise required by context as used in this·Division: • (I). ':Commission" means the Environmental Quality Commission, (2) "Director" means the Director of the Department or hisauthorizeddeputies or officers. (3) "Department" means the**~nt** of Environmental Quality. 0' (4) "Order" means: (a) Any action satisfying the definition given in ORS Chapter 183; or

. (b) Any other action so designated in ORS Chapter 4S4. 4S9, 467, or 468. (S) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions. the state and any agencies thereof, and the Federal Government and any agencies thereof. (6) "Respondent" means the person against whom a civil penalty IS assessed.

. (7) "Violation" means a transgression of any statute, rule.

standard. order, .license. permit. compliance schedule. or any part thereofand Includes bothactsand omissions. Slat. Auth.: ORS Ch. HIst: DEQ 78, f.**~74,** d. 9-2S-74 Comolldatlonof Proceedings

. 340-12-035**Not~~hstanding** that each and every violation IS a separate and distinct offense, and in cases of continuing v!olat!on, each day's continuance is a separate and distinct**vlolatl~n,** proeeedings**~or** t.he assessment of multiple civil penalties for multiple Violations may be consolidated into a singleproceeding. Slat. Auth.: ORS Ch. Rise: DEQ78. f.**~74,** cf. 9-2S-74 Noticeof Violation 340-12-040(1) Except as provided in subsection (3) of this section. prior to the assessment of any civil penalty the Department shall serve a Notice of Violation upon the respondent. Service shall be in accordance with rule 340-11- fYTT. (2) A Notice of Violation shall be in writing, specify the violation and state that the Department will assess a civil penalty if the violation continues or occurs after five days followingreceiptof the notice. (3)(a) A Notice of Violation shall not be required where the respondent has otherwise received actual notice of the violation not less than five days priorto the violationforwhich a penalty isassessed. (b) No advance notice. written or actual shall be required where:

. (A) The act or omission constituting the violation is intentional;

. (B) The violation consists of disposing of solid waste or sewageat an unauthorizeddisposal site; (0 The violation consists of constructing a sewage disposal system withoutthe department's permit; (D)The waterpollution, air pollution. orair contamination sourcewouldnormally not be inexistencefor five days;or (E) The waterpollution. air pollution or air contamination source might leave or-be removed from the jurisdiction of the department. Slat. Auth.: ORS Ch. 183& 468 1r1Sl: DEQ 78, f.**~74.** ei, 9-25-74; DEQ 2S-1979, f. & d. 7-5-79 MitigatingandAggravating Factors

. J40.12-04S (1) In:establishing the amount of a civil penalty to be assessed, [he Directormay considerthe followingfactors and shall citethosehe finds applicable:

. (a) Whether the respondent has committed any prior VIolation. regardless of whether or not any administrative, civil. or criminalproceedingwas commencedtherefore; (b) The history of the respondent in taking all feasible steps or procedures necessary or appropriate to correct any violation; (c) The economic and financial conditions of the respondent; (d) The gravity andmagnitudeof the violation; (e) Whetherthe violationwas repeatedorcontinuous; (f) Whether a cause of the violation was an unavoidable accident. or negligence, or an intentional actof the respondent; (g)The opportunity and degree ofdifficulty to correct the violation; (h) The respondent's cooperativeness and efforts to correctthe violation for whichthe penalty is to be assessed' (i) The cost to the Department of investigation 'and correction.of the cited. violation prior to the time the Department receives respondent's answer to the written notice of assessmentof civil penalty; or (j) Any otherrelevantfactor. (2) In imposing a penalty subsequent to a hearing, the Commission shall consider factors (a), (b), and (c). of section (I) of this rule. and eachotherfactorcitedby the Director. The Commissionmay considerany otherrelevantfactor. (3) Unless the issue is raised inrespondent's answerto the written notice of assessment of civil penalty, the Commission may presume that the economic and financial conditions of respondent would allow imposition of the penalty assessed by the Director. At the hearing. the burden of proof and the burden of coming forward with evidence regarding the respondent's economic and financial condition shall be upon the respondent.
1- Div. 12 (April, 1982)

# CJ--.

O·J····

. (2) Not less than twenty-five dollars ($2S) nor more than seven thousand five hundred dollars ($7,500) for any other violation. (3)(a) In addition to any pcnaJty which may be asessed pursuant to sections (I) and (2) of this rule, any person who intentionally causes or permits the dise:!1arge of oil into the waters of the state shall incur a civil penalty of not less than one thousand dollars ($1.000) nor more than twenty thousand dollars($20,000) foreach violation. (b) In addition to any penalty which may be assessed punuant to sections (I) and (2) of this rule, any person who negligently causes or permits the discharge of oil into the waters ofthe state shall incur a civil penalty of not less than five hundred dollars (5500) nor more than fifteen thousand dollars (SIS,000) foreach violation. SCat. AuIb.: ORS 01. Hba: CEQ78, C. 9-6074.ef. 9-25-74 ORECONADMINISTRATIVERULES CHAPTEK340. DIVISION 11-DEPARTMENTOFENVIRONMENTALQUALITY

SI8LAu.II.: ORS Ch. HIlI: CEQ78. f. 9-6074.d. 9-25-74

. On-SIteSewageDispo!Ill1 SystemsSclleduleofCMIPenalties 340-U-4J60 In addition to any liability. duty. or other penalty provided by law. the Director may assess a civil penalty for any violation pertaining to on-site sewage disposaJ systems.by service ofa written notice of· assessment of civil penalty upon the respondent. The amountofsuchcivil penalty shallbe determinedconsistentwith the following sc:hedule: (I) Not less than twenty-five dollars ($2S) nor more than fivehundreddollars ($500) uponany personwho: (a) Violates a final order of the Commission requiring remedialaction; (b) Violates an order of the Commission limiting or prohibitinginstallationofon-site sewagedisposal systems in an area; (c) Installs or causes to be installed an on-site sewage disposal system, or any part thereof, which fails to meet the requiremcnts for satisfactory completion within thirty (30) days after written notification or posting of a Correction Noticeatthe site; (d) Operates or uses a nonwater-earried waste disposal facility withoutfirstobtainingaletterofauthorizationfrom theAgenttherefore; (e) Operates or uses a newly constructed. altered or repaired on-site sewage disposal system. or part thereof. withoutfirst obtaining a CertificateofSatisfactory Complction fromthe Agent. exceptas providedby statuteorrule; (f) Fails to connect all plumbing fixtures from which sewage is or may be discharged to a Department approved system; (g) Commits any other violation pertaining to on-site sewagedisposaJ systems; (2) No less than one hundred dollars ($100) nor more than five hundreddollars (S.500) uponany person who: WaterPollutionSdleduJeof CivUPenalties (a) Performs. or advertises or represents himselfas being 340-11.055 In addition to any liability, duty. or other in the business of performing. sewage disposal services, penalty provided by law, the Director may assess a civil without Obtaining and maintaining a current license from the penalty for any violation relating to water pollution by service Department. exceptas provided by statuteorrule; of a written notice of assessment of civil penalty upon thc (b) Installs or causes to be installed a subsurface altemarespondent. The amount of such civil penalty shall be deter- live or experimental sewage disposal system or any part minedconsistentwiththe following schedule: thereof, withoutfirst obtaininga permitfrom the Agent; (I) Not less than fifty dollars ($.SO) nor more than ten (c) Fails to obtain a permit from the Agent within three thousanddollars ($10.000) for: days after beginning emergency repairs on a subsurface, (a) A violation of an order of the Commission or Depart- alternative orexperimental sewagedisposal system. ment: (d) Disposes of septic tank, holding tank, chemical toilet, (b) A violation of a State Waste Discharge Permit or privy orothertreatmentfacility sludges in a mannerorlocation National Pollutant Discharge Elimination System (NPDES) not authorizedby the Department; permit; (e) Connects orreconnects the sewage plumbingfrom any (c) Any violation which causes, contributes to, or dwelling or commercial facility to an existing system without threatens the discharge ofa waste intoany waters ofthe state. firstobtainingan AuthorizationNoticefromthe Agent; 

# C

(April, 1982) 2-Div.12 AJr QualItySchedule01CIvil Pmaltles**~12-0S0** In addition to any liability, duty, or other penalty provided by law, the Director, or the director of a regional airquality controlauthority. mayassessa civilpenalty for any violation pertaining to air quality/by service of a written notice of. assessment ofcivil penalty upon the respondent. The amoUnt of sudl civil penalty shall be determined consistentwith thefonowing sdlcdule: (1) Not less than one hundreddollars ($100) nor man! than ten thousand dollars ($10,000) for violation ofan order ofthe Commission. Department. or regional air quality control authority.

. (2) Not less than fifty dollars (s.so) nor more than ten thousanddollars ($10,000) for: (a) Anyviolaliunofany condition ofany Air Contaminant DischargePermit. Indirect Source Permit. orvariarn:e; or (b) Any violation which causes. contributes to, or threatens the emission ofany aircontaminant into the outdoor atmosphere. (3) Not less than twenty-five dollars (S25) nor more than seven thousand five hundred dollars ($7.soo) for any other violation. Stat. Auill.: ORS Ch. 468 HIlI: CEQ 78. f. 9-6074. d; 9-25-74; CEQ 5-1980, f. & d. 1-2&31
Noise ControlSc:bedWe 01CIvil Penalties**~11-O52** In addition to any liability, duty, or other penalty provided by law, 'the Director may assess a civil

.penalty for any violation pertainingto noisecontrol by service of a written notice of assessment of civil penalty upon the respondent. The amount of such civil penalty shall be determinedconsistentwiththe following schedule: (1) Not less than one hundred dollars ($100) normore than five hundred dollars ($.SOO) for violation of an ordcr of the CommissionorDepartment. (2) Not less than twenty-five dollars ($25) nor more than five hundred dollars (s.soo) for any violation which causes. substantiallycontributes to, orwill probably cause: (a)Theemissionofnoisein excess oflevels establishedby theCommissionforanycategory ofnoiseemission source. (b) Ambient noise at any type of noise sensitive real property to exceed the levels established therefor by the Commission. (3) Not less than ten dollars ($10) nor more than three hundred dollars ($300) foranyotherviolation. SIaL Auth.: ORS Ch. RIst: CEQ 101,C. &: d. lOoI·7SOREGONADMINISTRATIVERULES CHAPTER340. DIVISION 12

- DEPARTMENTOFENVIRONMENTAL QUALITY

/'."..-"'. I (I) Installs or causes to be installed a nonwater-carried waste disposal facility without first obtaining written approval from the Agent therefor; (g) Operates or uses an on-site sewage disposal system which is failing by discharging sewage or septic tank effluent ontothe ground surfaceor into surfacepublic waters; (h) As "a licensed sewage disposal service worker. performs any sewage disposal service work in violation of the rules of the Department. Stat. Auth.: ORS Cb. 468 Hbl: DEQ78. f.**~74** •.ef. 9-2.5-74;DEQ4-1981. f. & d. 2.(M11 SolIdWaste ManagementScheduJe01Civil Penalties 12-065 In addition to any liability, duty, or other penalty provided by law, the Director may assess a civil penalty for any violation pertaining to solid waste management by service of a written notice of assessment of civil penalty upon the respondent. Theamountof such civil penalty shaJl be determinedconsistent with the following schedule: (I) Notless than one hundred dollars ($100)normore than five hundred dollars ($500) for'violation of an order of the CommissionorDepartment.

. (2) Not less than fifty dollars ($50) nor more than five hundred dollars ($500) for any violation which causes. contributes to. or threatens: (a) Ahazardto the public healthor safety; (b) Damage to a natural resouce, including aesthetic damageand radioactiveirradiation; (c) Aircontamination; (d) Vectorproduction; (e) Acommonlawpublic nuisance. (3) Not less than twenty-five dollars'($25) nor more than threehundreddollars ($300)for any otherviolation. SCat. Aulh.: ORS Ch. 4S9 HIst: DEQ 78. f. 9-6-74. cf. 9-2.5-74; DEQ 1-1982, f. & ef, 1-28-82 HazardousWaste ManagementScheduleof CivilPenalties**~12..()68** In addition to any liability. duty, or other penalty provided by law, the Director may assess a civil penalty for any violation pertaining to hazardous waste management by service of a written Notice of Assessment of Civil Penalty upon the respondent. The amount of such civil penalty shall be determined consistent with the following schedule: (I) Not less than two thousand five hundred dollars ($2.500) nor more than ten thousanddollars ($10.000) upon any personwho: (a) Establishes. constructs or operates a geographical site in which or upon which hazardous wastes are disposed without first obtaininga license fromthe Commission. (b) Disposes of a hazardous waste at any location other than at a hazardous wastedisposal site. (c) Fails to immediately collect, remove or treat a hazardous wasteor substanceas requiredby DRS 459.685. (2) Not less than one thousand dollars ($1,000) nor more than tenthousanddollars ($10,000) upon any person who: (a) Establishes, constructs or operates a geographical site upon which hazardous wastes are stored or treated without first obtaininga license from the Department. (b) Violates a Special Condition or Environmental Monitoring Condition of a hazardous waste management facility license. (c) Dilutes a hazardous waste for the purpose of declassifyingit

.. (d) Ships hazardous waste with a transporter that is not in compliance with OAR Chapter 860, Division 36. or to a hazardous waste management facility that is not incompliance with OAR Chapter340. Division 63. (e) Ships hazardous waste withouta manifest. (I) Ships hazardous waste without containerizing and marking or labeling such waste in compliance with OAR Chapter340. Division63. (g) Fails to immediately report to the Oregon Accident Response System (Oregon Emergency Management Division) all accidents or otheremergencies which result in the discharge ordisposalof hazardous waste. (3) Not less than one hundreddollars ($100) nor more than ten thousanddollars ($10.000) upon any personwho: (a) Violates an orderof the Commissionor Department. (b) Violates any other condition of a license or written authorizationor violates any otherrule or statute. Slat. Auth.: ORS Cb. 4S9 Rist: DEQ 1-1982. f. & et. 1-28-82 Written Notice of Assessment of CIvil Penalty: When Penalty Payable.

.**~12-670** (I) A civil penalty shall be due and payable when the respondent is served a written notice of assessment of civil penalty signed by the Director. Service shall be in accordance with rule 340-11-097. (2) The written notice of assessment of civil penalty shall be in the form prescribed by rule 340-11-100 for a notice of opportunity for a hearing in a contested case, and shaJl state the amount of the penalty or penalties assessed. (3) The rules prescribing procedure in contested case proceedingscontainedin Division II shall apply thereafter. Stat. Auth.: ORS Ch. Rist: DEQ78. f. 9-6-74. ef, 9-15-74 Compromiseor Settlementof Civil Penalty byDirector**~12-67S** At any time subsequent to service of the written notice of assessment ofcivil penalty. the Director'is authorized to seek to compromise or settle any unpaid civil penalty which he deems appropriate. Any compromise or settlement executed by the Director shall not be final until approvedby the Commission. Stat. Auth.: ORS Ch. Rist: DEQ 78. f. 9-6-74, ef. 9-15-74

3 -Div. 12 (April, 1982)/

1355

## ~~ 8-1-2>",( (Search and Seizure Pursuant to Warrant) 133.545 Issuance of search warrant. (1) A search warrant may be issued only by a judge. (2) Application for a search warrant may be made only by a districtattorneyor by any police officer. (3) The application shall consist of a proposed warrant in conformance with ORS 133.565, and shall be supported by one or more SEARCH AND SEIZURE (Generally) 133.525 Definitions for ORS 133.525 to 133.703. As used in ORS 133.525 to 133.703,unlessthe contextrequires otherwise: (1) "Judge" means any judge of the district or circuit court, the Court of Appeals, the Supreme Court, anyjustice ofthepeace or municipal judge authorized to exercise the powers and performtheduties ofajusticeofthepeace. (2) "Police officer" means a sheriff, municipal policeman, member of the Oregon State Police or investigator of the Criminal Justice DivisionoftheDepartmentofJustice. [1973 c.836 §81; 1979 c,656 §2] 133.530 [Repealed by 1965 c.508 §8] 133.535 Permissible objects of search and seizure. The following are subject to search and seizure under ORS 133.525 to 133.703: (1) Evidence of or information concerning thecommissionof acriminaloffense; (2) Contraband, thefruits ofcrime, or things otherwisecriminallypossessed; (3) Property that has been used, or is possessed for the purpose of being used, to commit orconcealthecommissionof an offense; and (4) Aperson for whose arrestthere is probable cause or who is unlawfully held in .concealment. [1973 c,8::16 §82j'" 133.540 [Repealed by 1965 c.508 §8] (b) "Qualified interpreter" means a person who is readily able to communicate with the handicapped person, translate the proceedings. and accurately repeat and translate the statements of the handicapped person to the officer or otherperson. [197:l(;,:186 §:I: 1981 s.s, c.:l §139] 133.520 [Amended by 1965 c,508 §2; 1973 c,836 §75: renumbered 133.4501

• I 133.515 Interpreter to be made available to handicapped person. (1) Upon the arrest of a handicappedperson and before interrogating or taking the statement of the handicapped person, the arresting peace officer, or whenthe arrestis by aprivateperson, the officer to whom the handicapped person is delivered, shall make available to the handicapped person, at the earliest possible time, a qualified interpreterto assistthe handicappedpersonthroughoutthe interrogationor takingof a statement. (2) The public employer of the arresting peace officer or officer to whom the handicapped person is delivered shall pay the fees and expenses ofthequalifiedinterpreterif: (a) The handicapped person, subsequent to the arrest, makes a verified statement and provides other information in writing under oath showing inability to obtain a qualifiedinterpreter, and provides any other information required by the court havingjurisdiction over the offense for which the handicapped person was arrested concerning the inability to obtain such an interpreter; and (b) It appears to the court that the handicapped person was without means and was unable

### toobtain aqualifiedinterpreter. (3) As used in this section: (a) "Handicapped person" means a person whocannot readily understand or communicate the English language, or cannot understand the proceedings or acharge made againsttheperson, or is incapable of presenting or assisting in the presentation of a defense, because ofdeafness, or because of a physical hearing impairment or physicalspeakingimpairment. 133.495 Retention of property to answer order of court. The proceeds of the sale mentioned in ORS 133.485 and other property seized shall be retained by liens, if not released on bond, to answer any orderthat may be enteredby the courtupon the trial ofthe person arrested. [Formerly 142.130] 133,510 [Repealed by 1965 c.508 §8] 133.485 Perishable property; livestock. If any of the property seized, as provided in ORS 133.465, is perishable, or livestock or fowls where the costof keeping is great, the sheriffshall, upon orderof the court, sellthe same in the manner in whichlJroperty is sold on execution. [Formerly 142.120]

.**(It:duetin~** the expenses nud costs. shall be paid into the gcnerul fund of the county, [Formerly \.1'1.1101

','.

" , y the court.

.Aperty;**de~l)** The .rson arrested iless the bona .rregisters his .on, subject to

I third parties,'

,lic auction by 'asseized. 19 the expense stofsale, shall

# :~**o~~~:W:i~~ \~1t**  igsbrought for balance ofthe necounty.
Tof any right, other conveyhe stateshows , by clear and claimant had**lerconvey~** :of law.

,. be sold under ! proves to the lence that the 

# e_ or other a.anee had was to beused vhich case the herconveyance Gproperty sold"" .475 or 133.485 

### ,t''. >roperty to the :ti;; oerty.

### [Fo~**\~f**

er• If no 0Il'?' .eyance, as**~.** .ng of the 

## same, Ie advertised

. i in the**city'~'** I Sno daily

### ~;.i<'~""

Y or city, in'**.t~**

### ~tion in the

### eit1**i~:f.\** ) weeks 

### and**~jJ,~~/** places near**tbI~t~::** th**of i'** **, ;** ,in ecase ':1N;f>, Stateof

### ~;~;:J, iSSin the

### recOsdI

### >ii'i

l of the**Depln{:':~,{**

be notified bY,;;.[\, hin 10days

### ~:~~g: 'Jertisexnent..**~)""',**

proceeds,**~.** 

### ,aA :l**.,~,**PUOCEDURI·; IN CUIMINAL MATTERS**G"~NEnALLY** - -

# ._-_.---.

133.615 F asearch warran specified by th: with return the (2) An off Warrant shall, (b) Ifthe of use of deadly p fend the officer Or threatened i force. [1973 c.836 133.610 (An1973c.836 §138; res 133.605 Ue warrants. (1) 1 officers accompa

· use the degree of

force, againstpes · open containers,

the execution 0 practicable safetj (2) The use executionof a se: (a) If the c

· thereis a substai , will be used to

injury if their s force used create persons otherth or**~.** 

## 1-.1 133.585

## s«

11.-,**,i~:** search shall be on**!~~** warrant and is re 

# :f the persons or tl 1"'" discovery of the I

### ~It

## : the officer shall ;i, them and search i; ": the warrant. If ir**,j~;:** officer discovers**;~** warrant, which hr**r:~:** to be subject to -'fif"**~,~** which he did not }' . to find, he shall

,'; j,t; .,j' thingsdiscovered.**;~tt** ' : " 133.595 Lis

## 'I~'~ upon completion 

### i u. make alistofthe**;~\.** a receipt embody:

'" of whose possession

,**'~** in apparent cont: from which they premises are urn presentin apparel shall leave the r vehicle orpremiss



## B -t

- CC,,-/ the circumstances.**1197:~** c.ll:lfj §84! 133.560 (Repealed by 197:\c.8:lfi §;\f181 133.565 Contents of search warrant. (1) A search warrant shall be dated and shall be addressed to and authorize its execution by an officer authorized by law to execute search war. rants. (2) The warrant shall state, or describe with particularity: (a) The identity of the judge issuing tnt' warrantandthedatethewarrantwas issued;. (b) The name of the person to be searched, or the location and designation of the premises orplacesto be searched; (c) The things constituting the object of the searchandauthorizedto be seized; and (d) The period of time, not to exceed five days, after execution of the warrant except B-3 providedin subsection (3) ofthis section, within which the warrant is to be returned to the issuing authority. , (3) Except as otherwise provided herein, the search warrant shall be executed between the hours of7 a.m. and 10p.m. and within fivedays from the date ofissuance. Thejudge issuingthe warrantmay, however, by indorsementupon the face of the warrant, authorize its execution at any time of the day or night and may further authorize its execution after five days, but not more than 10 days from date of issuance.**[:~.:i** c.836 §85j 133.575 Execution of warrant. (l) :\ search warrant may be executedonly within the period and at the times authorized by the warrant and only by a police officer. A policeofficer charged with its execution may be accompanit'd by such other persons as may be reasonably necessary for the successful execution of the warrantwith allpracticable safety. (2) The executing officer shall, before**el~ter·** ing the premises, give appropriate notice ot**h~** identity, authority and purpose to the person to be searched, or to theperson in apparentcontrol ofthe premises to be searched, as the case may be. (3) Before undertaking any search or seizurt pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in**app~r~** entcontrolofthe premises to be searched. If**t~** premises are unoccupied or there is no one**l>~** apparentcontrol, the officer shall leaveacopy0 the warrant suitably affixed t.o the premises. [1973 e.H:1t3 §861 lil3.555 _affidavits particularly setting forth the facts and**~ircumstances** tending to show that such things are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant's reliability and shall disclose, as far as possible, the means by which the information wasobtained. (4) Instead ofthe written affidavitdescribed in subsection (3) of this section, the judge may take an oral statementunder oath when circumstances exist making it impracticable for a district attorney or police officer to obtain a warrant in person. The oral statement shall be recorded and transcribed. The transcribed statement shall be considered to be an affidavit for the purposes of this section. In such cases, the recording of the sworn oral statement and the transcribed statement shall be certified by the judge receiving it and shall be retained as a part of the record ofproceedings for the issuance of thewarrant. (1973 c.836 §83] 133.550 [Repealed by 1973 c.836 §358j 133.555 Hearing. (1) Before acting on the application, thejudge may examine on oath theaffiants, andthe applicantandany witnesses he may produce, and may himselfcall such witnesses as he considers necessary to a decision. He shall make and keep a record of any testimony taken before him. The record shall be admissible as evidence on any motionto suppress. (2) If the judge finds that the application meets the requirements of aRS 133.535 and that, on the basis oftherecordmade before him, there isprobablecause to believe thatthe search will discover things specified in the application and subject to seizure under ORS 133.535, he shall issue a search warrantbasedon his finding and in accordancewiththerequirements ofaRS 133.545 to 133.615. If he does not so find, the judge shall denytheapplication. (3) The judge may orally authorize a police officer or a district attorney to sign the judge's name on a duplicate original warrant. A duplicate original warrant shall be a search warrant forthe purposes ofaRS 133.535 to 133.615, and it shall be returned to the judge as provided in aRS 133.615. In such cases a judge shallenteron the face ofthe original warrantthe exacttime of the issuance of the warrant and shall sign and file the original warrant in the mannerprovided bylaw. (4) Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to 

## i 

# Ie I i 

# I

11:3:3.623 AUREST ANU UELATED PHOCEDUHES -------------_._------_._-------------_._--------

1357 ,8\ cearrant. 11 and shall be ecution by an te search warI describe with

ge issuing the wasissued; LO be searched, )f the premises
heobject of the 1; and . to exceed five rrant except 81 I section, within ned to the issu-
.idedherein,the ed between the within fivedayD judge issuingthe sement uponthe its execution at lAnay further**v~ys,** but not f issuance. 11m

warrant. (1) '·A·:: j onlywithin,**tlm:'~** rizedby the**~6iT,** r. A police**offi~ }~:**  1be**accompariit\d~?:** iy be**reaso~X** execution of . .,-, . ·.i ety. ''':;1. hall, before

. .iate noticeof: I .: e to the person,:. 1 apparent

.... I as the case

, • :11 i,

'f. 133.585 Scope of scorch. The scope of search shall be only such as is authorized by the warrant and is reasonably necessary to discover the persons or things specified therein. Upon discovery of the persons or things so specified, the officer shall take possession or custody of them and search no further under authorit.y of the warrant. If in the course of the search the officer discovers things, not "'specified in the warrant, which he has probable cause to believe to be subject to seizure under ORS 133.535 which he did not have probable cause to expect to find, he shall also take possession of the things discovered. [1973 c.836 §87] 133.595 List ofthings seized. Promptly upon completion of the search, the officer shall make a list ofthe things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one presentin apparentcontrol, the executing officer shall leave the receipt suitably affixed to the vehicle orpremises. [1973 c.836 §88) 133.605 Use of force in executing warrants. (1) The executing officer and other officers accompanying and assisting him may use the degree of force, short of deadly physical force, against persons, or to effectan entry, or to open containers, as is reasonably necessary for the execution of the search 'warrant with all practicable safety. (2) The use of deadly physical force in the executionof a searchwarrantisjustifiableonly: (a) If the officer reasonably believes that there is a substantialriskthatthings to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the forceused creates no substantialriskof.injury to persons otherthan those obstructing the officer; or (b) Ifthe officerreasonably believes thatthe use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §891 133.610 [Amended by 1963 c.511 §1; 1965 c.508 §3; 1973c.836 §138;renumbered 135.070) 133.615 Return of the warrant. (1) If asearchwarrant is notexecuted within the time specified by the warrant, the officer shall forthwithreturn thewarrantto the issuingjudge. (2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list ofthings seized andsetting forth the date findtime of the search. (3) Subject to the provisions of subsection (4) ofthis section, the issuingjudge shall file the warrantand listreturnedto him, withthe record of the proceedings on the application for the warrantmadepursuantto ORS 133.555. (4) Ifthe issuingjudge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record ofproceedings for its issuance, togetherwiththe documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquireinto suchoffense. [1973 c.836 §90) 133.620 [Amended by 1965 c.508 §4; renumbered 135.075) (Disposition ofThings Seized) 133.623 Handling and disposition of things seized. (1) The provisions of subsections (2), (3) and (4) ofthis section apply to all cases of seizure, except for a seizure made under a searchwarrant. (2) If an officer makes an arrest in connection withthe seizure, he shall, as soon thereafter as is reasonably possible, make a written list of the things seizedandfurnish a copy ofthe listto the defendant. (3) If no claim to rightful possession has been established under ORS 133.633 to 133.663, the court shall orderthat the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimedgoods in officialcustody. '. (4) If things seized in connection with an arrest are not needed for evidentiary purposes, andif a person having a rightful claimestablishes his identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seizedare perishable anditis notpossible to return them to their rightful possessor, the seizingofficermay disposeofthe items asjustice and the necessities ofthe case require. [1973 c.836 §1091133.625 [1961 c.696 §I; 1967 c.475 §l; 1973 c.836 §135;renumbered 135.050) 133.630 [Repealed by 1961 c.696 §4)PHOCEDURE IN CRIMINAL MATTERS GENERALLY (E

133.680 [R 133.683 Search. If a s such a manner the search WOl 'if as a result evidence is dis against a defei jectto a motid ·tion establishe dence that sue .coveredby**la~** tive ofsuch

### sd that exclusion: to deter violatl [1973c.836 §1I7J 133.690**[)~** 133.6931

·evidence. (1) :section (2) oft motion to sUI1

·shall be entitle or offering evil .truthfulnesa d evidence press

-forsearchor Sl (2) If the I Was seized by; moving party' good faith, affiant as to j issuing authd · motion, suppl substantial bai accuracy and t (3) In any

· this section, I

· burden of**pr~**

evidence that I issuing nuthol · wasnot.aceun! (2) Ifthere is no substantial Question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release ofthedefendantfrom custody. (3) Instead of-conducting the hearing provided for in paragraph (b) of subsection (1) of this section and returning or restoring the property, the court in its discretion, may leave the several claimants to appropriate civil process for the determination ofthe claims.**[1~)7:1** c.836**~11:J]** 133.665 [Hepealed by HlGl**c.2H~1** §:q 133.670 [Renumbered 1:l5.0901 (2) An ordergranting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denYing such a motion or entered under ORS 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in Question that they are no longer needed for evidentiarypurposes. [1973 c.836 §112) 133.660 [Amended by 1961 c.289 §1; 1965 c.50S**~S;** 1973 c.836 §139;renumbered 135.085) 

# -- 133.653 Postponement of return Or restoration; appellate review. (1) In grant. ing a motion for return or restoration oft.hings seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.

133.663 Disputed possession rights. (1) If, upon consideration of a motion for return or restoration ofthings seized, it appears to the court that the things should be returned orrestored, butthere is a substantial Questionwheth-

. er they should be returned to the person from

whose possession "they were seized or to some other person, or a substantial Question among several claimants to rightful possession, the courtmay: (a) Return the things to the person from whosepossessiontheywere seized; or (b) Impound the things seized and set a further hearing, assuring that all persons witha possible possessory interest in the things in Question receive due notice and an opportunity to be heard; and (c) Upon completionofthe hearingprovided for in paragraph (b) ofthis subsection, enter an order for the return or restoration of the things seized.

1:15H (4) Although the things seized were subject to seizure under ORS 133.525 to 133.703, the movant is or will be entitled to their return or restoration upon the court's determination that they are no longer needed for evidentiary purposes; or (5) The parties in the case have stipulated that the things seized may be returned to the movant. [1(17:l e.sas §Ill] 133.650 [Repealed by 197:1 e.sas**~:15l:l1 133.6~j3**  Motion for return or restoration of things seized. (1) Within 90 days afteractual notice ofany seizure, or at such later date as the courtin its discretion may allow: (a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to thepersonorpremises from whichthey were seized. (b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate courtto restore the things seized to the movant. (2) The appropriate court to consider such motion is: (a) The court having ultimate trialjurisdiction over any crime charged in connection with the seizure; or (b) Ifno crime is chargedin connectionwith the seizure, the court to which the warrant was returned; or (c) Ifthe seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made. [1973 c.836 §1l0) 133.635 [1961 c.696 §3; 1967 c.628 §2; renumbered 135.080) 133.640 [Repealed by 1965 c.508 §8) 133.643 Grounds for motion for return or restoration of things seized. A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because: (1) The things had been stolen or otherwise converted, andthe movantis the owneror rightful possessor; or \2) Thethings seized were notin fact subject to seizureunderORS 133.525 to 133.703; or (3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subjectto seizureunderORS 133.525 to 133.703; or .: 

## Ii 

# Ii <i :!II Ii '1 :1 ;j 

### :1

# , 'I j !

# I 

# I
I I ! i

# I I

# !I~ 1:1



## .I H H 

# !l II !I 

## il

" 

# ,il.

!.\ J; I'

, i 

## Ii,

n 

## :I !l Ii 'I 

## !i 'I 

### I I

## !

# .~ .}

### I IYy

.. -_..



### _-----_.-_._---- " »:

1359**~t** of-, return or (

. rjewd.l) Ill"grant-

!**,)slllrat~J1\** of things

.

### ~~l1t.ion of

### ~he**'~~** in question

able for evidentiary

motion for return or

shall be reviewable ., An order denying under ORS 133.663 al upon certification dy of the things in

! longer needed for .836 §112) c.289 §1;1965 c.508 §5; 55) )ossession rights. ,f a motion for return red, it appears to the ld be returned or rentialquestionwheth-

, i to the person from re seized or to some rtial question among rtful possession, the

._he person from**!~;or** . ' 'hgs seized and set a

hat all persons with

### a._ est in the things**~r~;** ••**_~I'** :e and an opportW-lD.1':::.':**~:{jt.,lN** -, ff)iir.i**',t'~'** Ifthe hearingprovidid, : is subsection, enter,. ,toration ofthe thi:i

I. .antial questionwh'. -eturned to the pe . :hey were seized, .erson upon the re tody. cting the hearing b) of subsection 

## q 5or restoring the ieretion, may**lea~** opriate civil proc claims. [1973 c.836

### I; '61 c.289 §3\ :15.090)



# e (Evidentiary Exclusion) I :J:J.H73 Motions to suppress evidence. ( I )**Ohjection~** to lise illevidence ofthings seized ill violation of any of the provisions of ORS 1:1:1.;,2;, to 1:1:1.70:1 shall be made by a motion to suppress which shall be heard and determined by any department of the trial court in advance of trial. (2) A motion to suppress which has been denied may be renewed, in the discretion of the court, on the ground of newly discovered evidence, or as the interests ofjustice require. [1973 c.83fl§1l4; 1975 c.197 §1] 133.680 [Renumbered 135.095] 133.683 Fruits of prior unlawful search. If a search or seizure is carried out in such a manner that things seized in the course of the search would be subject to suppression, and if as a result of such search or seizure other evidence is discovered subsequently and offered against a defendant, such evidence shall be subject to a motion to suppress unless the prosecution establishes by a preponderance of the evidence that such evidence would have been discovered by law enforcementauthorities irrespective ofsuch search or seizure, andthe courtfinds that exclusion of such evidence is not necessary to deter violations of ORS 133.525 to 133.703. [1973 c.836 §117] 133.690 [Renumbered 135)00] 133.693 Challenge to truth of evidence. (1) Subject to the provisions ofsubsection (2) ofthis section, in anyproceedingon a motion to suppress evidence the moving party shall beentitledto contest, by cross-examination orofferingevidence, thegood faith, accuracy and truthfulness of the affiant with respect to the evidence presented to establish probable cause forsearchor seizure. (2) Ifthe evidence soughtto be suppressed was seized by authority of a search warrant, the moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as to the evidence presented before the issuing authority only upon supplementary motion, supported by affidavit, setting forth substantial basis for questioning such good faith, accuracyandtruthfulness. (3) In anyproceedingundersubsection (2) of this section, the moving party shall have the burden of proving by a preponderance of the**~vidence** that the evidence presented before the ISsuing authority was not offered in good faith, was not accurate andwas nottruthful. (.1) Where the motion to suppress challenges evidence seized as the result of u warrantless search. the burden of proving by a preponderance ofthe evidence the validity of the search is on the prosecution. (5) The court shall determine whether. under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression. [1973c.8:16 §118J 133.700 [Renumbered 135.105J 133.703 Identity of informants. (1) In anyproceedingon a motion to suppress evidence wherein, pursuant to ORS 133.693, the good faith of the testimony presented to establish probable cause is contested, and wherein such testimony includes a report of information furnished by an informant whose identity is not disclosed in the testimony, the moving party shall be entitled to prevail on the motion to suppress and evidence obtainedas a result ofthe information furnished by the informant shall be suppressedunless: (a) The evidence sought to be suppressed was seized by authority ofa search warrant and the informant testified in person before the issuingauthority; or (b) Thejudgedetermines from the affiantby a preponderance ofthe evidence that such confidential informantexists andis reliable

. (2) Ifthe defendant is entitled to prevail on the motion to suppress under subsection (1) of this section, the evidence obtained as a result of the information furnishedby the informantshall be suppressed. [1973 c.836 §119] 133.710 [Renumbered 135.115] 133.720 [Renumbered 135.125]

INTERCEPTION OF COMMUNICATIONS, 133.721 Definitions for ORS 41.910, 133.721, 133.724 and 133.729 to 133.739. As used in ORS 41.910, 133.724, 133.729 to 133.739 and this section, unless the contextrequires otherwise: (1) "Aggrieved person" means a person who was a party to any wire or oral communication intercepted under ORS 133.724 or a person againstwhomthe interceptionwas directed. (2) "Contents," when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purportor meaningofthatcommunication. 

## 8 -{ -**e~**63rd OREGON LEGISLATIVEASSEMBLY-1985 Regular Session 

## HOUSEAMENDMENTS TO HOUSE BILL2145 ByCOMMITTEE ON ENVIRONMENT AND ENERGY April 5

Amended Summary Punishes failure to obtain hazardous waste disposal site post-closure license or violation ofcertain rules or ordersofEnvironmental Quality Commissionbymaximumfine of$10,000, maximumjail termofone year, or both. Imposes maximum civil penalty of$10,000 for each day ofviolation. Makes relatedchanges.

In line 2 ofthe printed bill, after "waste" insert "; creating new provisions; amending ORS 459.455 and 2 468.125; and repealing ORS 459.455". 3 After line 4, insert:
4 ''SECTION 2. ORS 459.455 is amendedto read: 5 "459.455. Thecommissionandthe departmentare authorizedto performor cause to beperformedany act 6 necessary to gain interim andfinal authorization ofahazardous waste regulatoryprogramunderthe provisions

26 "SECflON4. (I) ORS 459.455 is repealed. "(2) The repealofORS 459.455 by this section does not become operativeuntilJuly I, 1987.". 9 commissionmay adopt, amend or repeal any rule or license andthe commissionor departmentmay enterinto 10 any agreementnecessary to implementthis section. 11 "SECflON3. ORS 468.125 is amendedto read: 12 "468.125. (1) No civil penaltyprescribedunderORS 468.140 shall beimposeduntil the personincurringthe 13 penalty has receivedfive days' advancenoticein writing from the departmentor the regional air qualitycontrol 14 authority, specifying the violation and stating that a penalty will be imposed if a violation continues or occurs 15 after the five-dayperiod, or unless the personincurringthe penalty shall otherwisehave receivedactualnoticeof 16 the violation notlessthan five days priorto the violationfor which apenalty isimposed.
17 "(2) No advance notice shall berequired [. however, where] under subsection (1) ofthis section if: 18 "(a) The violation is intentional or consists ofdisposing ofsolid waste [, hazardouswaste]or sewage at an 19 unauthorized disposal site [,] or constructing a sewage disposal system without the department's permit. [or 20 where] 21 "(b) The waterpollution, air pollution or air contamination source would normally not be in existencefor 22 five days, includingbutnotlimitedto openburning. [or where] 23 "(c) The water pollution, air pollution or air contamination source might leave or be removed from the 24 jurisdictionof the departmentorregional air quality controlauthority, includingbut not limitedto ships. 

# •

• 7 8

25 ofthe Federal ResourceConservationandRecoveryAct, P.L. 94-580 [as amended]and P.L. 98-616, andfederal regulations and interpretive and guidance documents issued pursuant to P.L. 94-580 and P.L. 98-616. The

"(d)The penaltyto be imposed isfor a violation ofORS459.410 to 459.450 and 459.460 to 459.690.

# •

•

• 63rd OREGON LEGISLATIVEASSEMBLY-1985 RegularSession 

# House Bill 2145

Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Department of Environmental Quality)

SUMMARY The following summary is not prepared by the sponsors ofthe measure and is not a part ofthe body thereofsubject to considerationby the Legislative Assembly. It is an editor'sbriefstatementoftheessentialfeatures ofthe measureas introduced. Punishes failure to obtain hazardous waste disposal site post-closure license or violation ofcertain rules or orders ofEnvironmental QualityCommissionbymaximum fine of$1 0,000, maximumjail term of one year, or both. Imposes maximumcivil penalty of$10,000 for each day of violation.

A BILL FORAN ACT 2 Relating tohazardous waste. 3 BeItEnacted by the People of the Stateof Oregon: 4 SECTION 1. ORS 459.455 and 459.695 are added to and made a part ofORS 459.460 to 459.690.

NOTE: Matterin bold face in an amended section is new; matter [italic andbracketed) is existing law to be omitted.On page3 of the printed House amendments dated May 23, delete lines 15through 18and insert: 2 "(4) Limit to the extent otherwise allowed by law, the hazardous waste or PCB accepted for treatment or 3 disposal at afacility first to hazardous waste or PCB originating in Oregon, or if the capacity of the facility as
4 established under section 5of this 1985Act allows, or it is necessary for the commission to receive and maintain 

# •

• 5 6 63rd OREGON LEGISLATIVE ASSEMBLY-1985 RegularSession 

## PREVIOUS AMENDMENTS By House May 23 

## CONFERENCECOMMITTEEAMENDMENTS TO A-ENGROSSED SENATE BILL 138 June II

(No change in Measure Summary)

Mr. President: Your Conference Committeeto whom was referred A-engrossed Senate Bill 138,having had the same under consideration, respectfully reports it back with therecommendation that the Senateconcurin the printedHouse amendments dated May 23, and that the bill be further amended as follows and repassed:

stateauthorization of ahazardous waste regulatory program under P.L. 94·580and P.L. 98-616, to states that are parties to the Northwest Interstate Compacton Low-LevelRadioactive WasteManagementas set forth in ORS 7 469.930.". 8 In line 19.delete "new" and after the second "a" insert "new". /s/ Bill Bradbury Senator /s/ L. B. Day Senator /s/ Mike McCracken Representative



# • /s/ Mary Burrows Representative HazariJous &.

### ~O/ld Waste DIvision 

# fDJ

# o.~

# «rrrirrmo 

# un JUl:l3

# ss lJj)

# ,

J

# • 63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session 

## HOUSE AMENDMENTS TO A-ENGROSSED SENATEBILL 138 ByCOMMITTEE ON ENVIRONMENT AND ENERGY May 23

Amended Summary [Authorizes theEnvironmentalQualityCommission toestablishstandards forsitingoffacilitiesanddisposal of

PCBandhazardous waste. Establishes licensing criteria.]

[Authorizes Public Utility Commissionerto regulate transportation of PCB waste.] Directs Environmental Quality Commission to regulate hazardous waste or PCB disposal facilities through rulemaking and licensing. Directs limitation on number of such facilities. Directs establishment of classes of hazardous waste or PCB. Appropriates licensing fees toDepartmentof Environmental Quality foradministrative expenses. Declares emergency, effective on passage. On page I of the printedA-engrossed bill, line 2, after "ORS" insert "459.410,459.445,459.505,". 2 In line 3, delete "468.900;" and insert "767.457; repealing ORS 459.530;appropriating money;". 3 Delete lines 5 through 23 and pages 2 through 14and insert: 

# • 4 5 "SECTION 1. ORS 459.410 isamendedto read: "459.410. As used in ORS 453.635 and 459.410 to 459.450 and 459.460 to 459.690, unless the context 6 requires otherwise: 7 "(I) 'Commission' means the Environmental Quality Commission. 8 "(2) 'Department' means the DepartmentofEnvironmental Quality. 9 "(3) 'Director' means the Directorof the DepartmentofEnvironmental Quality.
10 "(4) 'Dispose' or 'disposal' means the discharge, deposit, injection, dumping, spilling, leaking or placing of II any hazardous waste into or on any land or water so that the hazardous waste or any hazardous constituent 12 thereofmay enter theenvironmentor beemittedinto the air or discharged into any waters of the state as defined

14 "(5) 'Generator' means the person, who by virtue ofownership, management or control, is responsible for 15 causing or allowing to be caused the creationofa hazardous waste. 16 "(6) 'Hazardous waste' does not include radioactive material or the radioactively contaminatedcontainers 17 and receptacles used in the transportation, storage, use or application ofradioactive waste, unless the material, 18 containeror receptacle is classified ashazardous waste under paragraph (a), (b) or (c) of this subsection on some 19 basis other than theradioactivityofthematerial, containeror receptacle. Hazardouswaste does include all of the 20 following which are not declassified by the commission under ORS 459.430 (3): 21 "(a) Discarded, useless or unwanted materials or residues resulting from any substance or combination of 

# • 13

22 in ORS 468.700.

substancesintendedfor the purposeofdefoliating plants or for the preventing, destroying, repelling or mitigating2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ofinsects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and rodenticides. "(b) Residues resulting from any process ofindustry, manufacturing, trade or business or government or from thedevelopmentor recovery ofanynaturalresources, if such residues are classified ashazardousby order of the commission, after notice and public hearing. For purposes ofclassification, the commission must find that the residue, because ofits quantity, concentration, or physical, chemical or infectious characteristics may: "(A) Cause or significantly contribute to an increase in mortality or an increase in 'serious irreversible or incapacitatingreversible illness; or "(B) Pose a substantial presentor potential hazard to human health or the environment when improperly treated, stored, transported, ordisposedof, or otherwise managed. "(c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or application ofthe substances describedin paragraphs (a) and (b)ofthis subsection. "(7) 'Hazardous wastecollection site' means the geographical site upon which hazardous waste is stored. "(8) 'Hazardous waste disposal site' means a geographical site in which or upon which hazardous waste is disposed. "(9) 'Hazardous waste treatment site' means the geographical site upon which or a facility in which hazardous waste is treated. "(10) 'Manifest' means the form used foridentifyingthe quantity, composition, and the origin, routing and destination ofhazardous waste during its transportation from the point ofgeneration to the pointofdisposal, treatmentor storage. "(11) 'PCB' has the meaning giventhatterm inORS 468.900.

" [(1J)](12) 'Person' means the UnitedStates, the state or a public orprivatecorporation, localgovernment unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

" [(12)](13) 'Store'or 'storage' meansthecontainmentofhazardouswasteeitheron atemporarybasis or for

aperiodofyears, in a mannerthat does not constitute disposal ofthe hazardous waste.

" [(13)](14) 'Transporter' meansany person engaged in thetransportationofhazardouswaste by any means.

" [(14)] (15) 'Treat' or 'treatment' means any method, technique, activity or process, including but not limitedtoneutralization, designed to change the physical, chemical, or biologicalcharacterorcompositionofany hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reducedin volume. "SECfION2. Sections 3 to 33 and 43ofthis Act areaddedto and made a part ofORS 459.410 to 459.450. "SECTION 3. (1) The Legislative Assembly finds it is in the interest ofpublic health and safety and environmentto protectOregon citizensfrom thepotentialharmfuleffectsofthetransportationand treatmentor disposal ofhazardous waste and PCB within Oregon. "(2) Therefore, the Legislative Assembly declares that it is the purpose ofORS 459.410 to 459.450 and 459.460 to 459.690 to: "(a) Protectthe public health and safety and environmentof Oregon to the maximumextent possible; 

# G



# o

o

HA to A-Eng. SB 138 Page 25 Waste ManagementunderORS 469.930; and 6 "(d) Limit to the extent possible the size ofany hazardous waste or PCB treatment or disposal facility in 7 Oregon to a size that is appropriate to treat or dispose of waste or PCB originating in Oregon and, ifcapacity 8 permits, to waste or PCBoriginatingin those states that are parties to theNorthwestInterstateCompacton Low9 LevelRadioactive Waste Management underORS 469.930. 10 "SECTION4. In orderto carry out the provisions of ORS 459.410 to 459.450 and 459.460 to 459.695, the 11 commission shall: 12 "( I) Limit the numberoffacilities disposing ofor treating hazardous waste or PCB; 13 "(2) Establish classes ofhazardous waste or PCB thatmay bedisposed ofor treated;
14 "(3) Designate the location ofa facility designed to dispose ofor treathazardous waste or PCB; and 15 "(4) Limit to the extentpossible the hazardous waste or PCB accepted fortreatmentor disposal at a facility 16 first tohazardouswaste or PCBoriginatingin Oregon, then, to theextentthatthecapacityofthefacility allows, to 17 states that are parties to the NorthwestInterstateCompacton Low-LevelRadioactiveWaste Managementas set 18 forth in ORS 469.930.

22 "( I) The proposedfacility location: 23 "(a) Is suitable for the type and amountofhazardouswaste or PCB intendedfortreatmentor disposal at the 24 facility; 25 "(b) Provides the maximum protectionpossible to the public health and safety and environmentofOregon 26 from release of the hazardous waste or PCB stored, treated or disposed ofat the facility; and 27

."(c)Is situated sufficient distance from urban growth boundaries, as defined in ORS 197.295, to protectthe 28 public health and safety. accessible by transportation routes that minimize the threat to the public health and 29 safety and to the environment and sufficient distance from parks, wilderness and recreation areas to prevent 30 adverse impacts on the public use and enjoymentofthose areas. 31 "(2) Subject to any applicable standardsadoptedundersection9ofthis 1985Act, the designoftheproposed 32 facility: 33 "(a) Allows fortreatmentor disposal ofthe rangeofhazardous waste or PCB asrequiredby thecommission; 34 and 

# •

•

• 2 3
4

19 20 21

35 36 37 "(b) Exercise the maximum amountofcontrol overactions within Oregon relating to hazardous waste and PCB transportation and treatment or disposal; "(c) Limit to the extent possible the treatment or disposal ofhazardous waste and PCB in Oregon to materials originatingin the states thatarepartiesto theNorthwestInterstateCompacton Low-LevelRadioactive

"SECTION 5. Before issuing a new license for a facility designed to dispose ofor treat hazardous waste or PCB, the commission must find, on the basis ofinformation submittedby the applicant, the departmentor any otherinterested party, that the proposed facility meets the following criteria:

"(b) Significantly adds to: "(A) The range ofhazardous waste or PCB handled at an already licensed treatmentor disposal facility; or "(B) The type of technology employed at already licensed treatmentor disposal facilities.

HA to A-Eng. SB 138 Page 32 3
4 "(3) The proposedfacility uses the bestavailable technology fortreatingor disposing ofhazardous waste or PCB as determinedby the departmentor the United States Environmental Protection Agency. "(4) The need for the facility isdemonstrated by: "(a) Lackofadequatecurrenttreatmentor disposal capacity to handle hazardouswaste or PCB generated by 

# o

5 Oregon companies; 6 "(b)A finding thatoperationofthe proposedfacility would result in a higher level ofprotectionofthe public 7 health and safety or environment; or 8 "(c) Significantly lowertreatmentor disposal costs to Oregon companies. 9 "(5) The proposed hazardous waste or PCB treatment or disposal facility has no major adverse effect on 10 either: II "(a) Public health and safety; or 12 "(b) Environmentofadjacent lands. 13 "SECTION 6. As a condition to the issuance ofa renewal license under ORS 459.410 to 459.450 and

14 459.460to 459.690, thecommissionmay require the applicantto comply with all or some of the criteria set forth 15 in section 5ofthis 1985 Act. 16 "SECTION7. Before issuing a license for a facility designed to treat or dispose ofhazardous waste or PCB,

23 facility in compliance with the provisions ofORS 459.410 to 459.450 and 459.460 to 459.690 or any condition 24 imposed on the licensee by the commission. 25 "SECTION8.The EnvironmentalQualityCommissionmay, by rule, designate classesoffacilitiesdesigned 26 to treat or dispose ofhazardouswaste or PCBthatshall be subject to theprovisionsof sections4to 27of this 1985 27 Act. 28 "SECTION9. The commissionmay impose specific standardsfor the range and typeofhazardouswaste or 29 PCB treated or disposed ofat a facility in order to protect the public health and safety and environment of 30 Oregon. 31 "SECTION 10. Whenever the Environmental Quality Commission finds there is a need for an additional 32 hazardous waste or PCB treatment or disposal facility according to the criteria established in section 5 ofthis 33 1985 Act, the commission shall establish an application period during which persons may apply for a PCB 34 disposal facility license according to the provisions ofsections 15 to 20 ofthis 1985Act or a hazardous waste 35 disposal facility license under ORS 459.4IO to 459.450 and 459.460 to 459.690. 36 "SECTION 11. (I) Uponrequest, thedepartmentshall furnish an applicationform to any person interested 17 18 19 20 21 22

37 38 the license applicant must demonstrate, and the commission must find, that the owner and operatormeet the followingcriteria: "(I) The owner, any parentcompany ofthe owner and the operatorhave adequate financial and technical capabilityto properly constructand operatethe facility; and "(2) The compliance history ofthe owner including any parentcompany ofthe owner and the operatorinowning and operatingother similarfacilities, if any, indicates an ability and willingness to operate the proposed

in developing or constructing a hazardous waste or PCB treatment or disposal facility. Each such form shall contain: 

# o

o

HA to A-Eng. SB 138 Page 436 "SECTION 15. The department shall: 

# •

•

• 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31 32 33 34 35

37 38 "(a) The name and address of the applicant. "(b) Astatementoffinancial condition of the applicant, including assets, liabilities and net worth. "(c) The experience of theapplicantinconstruction, management, supervisionordevelopmentofhazardous waste or PCBtreatmentor disposal facilities and in the handling ofsuch substances. "(2) The department shall also require the submission of such information relating to the construction, development orestablishmentofa proposed hazardous waste or PCBtreatmentor disposal site and facilities to be operated inconjunctiontherewith, and suchadditionalinformation, data and reports as it deems necessary to make a decision on granting or denying a license. "(3) Ifthe application is for a new license to operate a newhazardous waste or PCB treatment or disposal facility, theapplication shall beaccompaniedby a fee in an amount sufficient to cover the department's costs in investigating and processing the application, but which shall not exceed $70,000, which shall be continuously appropriatedto thedepartmentforpaymentof the department'sadministrativeexpensesincurredin the process oflicensing thetreatmentor disposal facility. Anyportionofthe fee that exceeds thedepartment'sadministrative expenses shallbe refunded to the applicant. "(4)If the application is for the renewal of an existing license, the applicationshall beaccompaniedby a fee in an amount estimatedby the departmentto be sufficient to cover the department's costs in investigating and processingthe renewal application. If thedepartmentincurs expenses in excessof theestimatedfee, the applicant shall pay the excess fees.Undernocircumstances shall the renewal fee exceed a total of$50,000. Anyportionof the fee that exceeds the department's administrativeexpenses shallbe refunded to the applicant. Such fees shall be continuously appropriated to the department for payment of the department's administrative expenses incurred in the processofrenewing the license for atreatmentor disposal facility. "SECTION 12. (1) To aid and advise thedirectorand thecommissionin the selection of ahazardouswaste or PCB treatment or disposal facility or the site ofsuch facility, the director shall establish citizen advisory committees as the directorconsiders necessary. The director shall determine the representation, membership, terms and organization of the committeesand shallappointtheir members. The director or a designee shall be a nonvoting member of eachcommittee. "(2)The advisory committeesappointedunder subsection (I) ofthis section shall reviewapplicationsduring an application period established under section 10 of this 1985 Act and make recommendations on the applications to the commission. "SECTION 13. As used in sections 13to 33ofthis 1985Act, 'PCB disposal facility' includes a facility for the treatmentor disposal of PCB. "SECTION 14. (1) No person shall treat or dispose of any PCB anywhere in this state except at a PCB disposal facility licensedpursuantto sections 4 to 33 of this 1985 Act. "(2) No person shall establish, constructor operate a PCB disposal facility without a license therefor issued under sections 4 to 33 of this 1985 Act.

"(1) Provide for the administration, enforcement and implementation of sections 4 to 33 of this 1985 Act and may perform all functions necessary:
HA to A-Eng. SB 138 Page 5,.- 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "(a) To regulate the operation and construction ofa PCB disposal facility; and "(b) Forthe licensing ofaPCB disposal facility in consultationwith the appropriatecountygoverning body or city council. "(2) Coordinate and supervise all functions ofstate and local governmental agencies engaged in activities subject to the provisions ofsections 4to 33 of this 1985 Act. "SECTION 16.In accordancewith applicableprovisionsofORS 183.3lO'to 183.550,thecommissionshall: "( I) Adoptrules and issue orders, including but not limited to establishing minimum requirements for the disposal ofPCB, minimum requirements foroperation, maintenance, monitoring, reporting and supervision'of disposal facilities, and requirements and proceduresfor selection ofsuch facilities. "(2)Adopt rules and issueordersrelating to the procedures ofthe departmentwith respect to hearings, filing of reports, submission ofplans and the issuance, revocation and modification oflicenses issued under ORS 468.900to 468.921. "SECTION 17. (I) In adopting rules under section 16 ofthis 1985 Act regulating the disposal of PCB including, butnot limitedto, rules for the operationand maintenanceofaPCB disposal facility, thecommission shallprovidefor the bestpracticabledisposal ofthe PCB in amannerthatwillminimizethe possibility of adverse effects on the public health and safety or environment. "(2) The departmentshallinvestigateand analyze in detail the disposal methodsand procedures requiredto beadoptedby ruleundersection 16ofthis 1985Act and subsection(I)ofthis section and shall report its findings and recommendations to the commission. "SECTION 18. License applications submitted to the department for managing, operating, constructing, developing orestablishinga PCB disposalfacility must containthe following: "(I) The managementprogramfor the operationofthe facilityincludingthe person to be responsible for the operation ofthe facility and a resume ofthe person's qualifications, the proposed method of disposal, the proposed method ofpretreatment or decontamination ofthe facility, if any, and the proposed emergency

measures to beprovided at the facility. "(2) Adescriptionof the size and typeoffacility tobeconstructed, includingthe height and typeoffencingto be used, the size and constructionofstructuresor buildings, warning signs, notices and alarms tobeused, the type ofdrainage and waste treatment facilities and maximum capacity ofsuch facilities, the location and source of each water supply to be used and the location and the type offirecontrolfacilities tobeprovidedat the facility. "(3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and developmentofthe disposal facility and the waste treatmentand water supply facilities, if any, to be used at the facility. "(4) The exact location and place where the applicant proposes to operate and maintain the PCB disposal facility, includingthe legaldescription ofthe lands includedwithin the facility. "(5) A geologist's survey report indicating land formation, location ofwaterresources and direction of the flowsthereofand the geologist's opinion relating to the potential ofcontaminationof water resources including but not limited to possible sources ofsuch contamination. 

# c



# o

o

HA to A-Eng. SB 138 Page 6

# •

•

• 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "(6) The names and addresses of the applicant's currentor proposed insurance carriers, including copiesof insurance policies then in effect. "SECTION 19. Upon receipt of an application for a PCB disposal facility license, the department shall cause copies of the application to be sent to affected state agencies, including the Health Division, the Public Utility Commissioner, the State Fish and WildlifeCommissionand the Water Resources Director. Each agency shall respond within the period specified by thedepartmentby making a written recommendationas to whether the license application should be granted. Recommendation from other agencies shall be considered in determining whether to grant the license. "SECTION20. (I) Priorto holding hearings on a PCB disposal facility licenseapplication, thecommission shall cause notice to be given in the county or counties where the proposed facility is to be located in amanner reasonably calculated to notify interestedand affected persons of the license application. "(2) The notice shallcontaininformationregarding the approximatelocation of the facility and the type and amount of PCB intended for disposal at the facility, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed PCB disposal facility shall have opportunityto testify at the hearing: "SECTION21. The commission shallconducta public hearing in the county or counties where a proposed PCB disposal facility is located and mayconducthearings atotherplaces as thedepartmentconsiders suitable. At the hearing theapplicantmay present the applicationand the public may appear or be representedinsupportof or in opposition to the application. "SECTION 22. (I) At the closeofthe applicationperiod under section 10ofthis 1985 Act, thedepartment shall examine and review all PCB disposal facility licenseapplications submittedto the commission and make such investigations as thedepartmentconsiders necessary, and make arecommendationto thecommissionas to whether to issue the license. "(2) After reviewing the department's recommendations under subsection (I) of this section, the commission shall decidewhetheror not to issue the license. It shall cause noticeofits decision to begiven to the applicant by certified mail at the address designated in theapplication. The decision of thecommissionis subject tojudicial review under ORS 183.480. "SECTION 23. The Environmental Quality Commission may not issue a licenseunder section 22 of this 1985Act for any facility designed to dispose ofPCB byincinerationunless: "(1)The facility is alsoequippedto incinerate hazardous waste; and "(2) The applicant has received all federal and state licenses required to operate a hazardous waste incinerator. "SECTION 24. (I) The department shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator'slicense or anyprovisionsof sections 4 to 31 of this 1985Act or the rulesadoptedunder sections 4 to 33 of this 1985Act.Uponreceiving acomplaint, thedepartmentshall furnish a copy of thecomplaintto the person holding the license to operate the PCB disposal facility.

HA to A.Eng. SB 138 Page 72 3 4 5 6 7 8 9 10 II 12 13 14 15

i' 16 I 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 "(2) If, after making an investigation under subsection (1) ofthis section, the department is satisfied that sufficient grounds exist tojustify a hearing upon the complaint, it shall give 10 days' written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing. "(3) The commissionor a hearings examinerappointedby thecommission shall hear the matter. Within 30 days after the date ofthe hearing and after considering all evidence and testimony submitted, the commission shall make a specific orderas it considers necessary. Any orderissued by the commissionunderthis subsection shall be subject to judicial review in the manner provided by ORS 183.480 forjudicial review of orders in contestedcases. The costs ofreporting and oftranscribingthe hearing for the purposeofjudicialreview shall be paid by the party seekingjudicialreview. "SECTION 25. The department shall establish and operate a monitoring, inspection and surveillance program overall PCB disposal facilities or may contractwith any qualified public or private agencyotherthan the owner or licensee to do so. Owners and operators ofa PCB disposal facilitymustallow necessary access to the PCB disposal facility and to its records, including those required by otherpublic agencies, for the monitoring, inspection and surveillance program to operate. "SECTION26. (I)Whenever, in thejudgmentofthedepartment, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation ofthe facility, withouthearing or priornotice, the department shall orderthe operation ofthe facility halted by service ofthe orderon the facility operatoror an agent ofthe operator. "(2)Within24 hours after theorderis served, thedepartmentmust appearin theappropriatecircuitcourtto petitionfor the equitablereliefrequiredto protectthe public health or safety or the environmentand may begin proceedingsto revoke the license ifgrounds forrevocation exist. "SECTION27. (I) As aconditionofissuance ofaPCB disposal facility license, if PCB waste disposal is to be by landfilling, the licensee must deed to the state the real property in or upon which the PCB waste willbe permanentlylandfilled. Ifthe state isrequiredto pay the licenseejustcompensationfor the real property deeded to it, the licensee shall pay the state annuallya fee in an amountdeterminedby thedepartmenttobe sufficient to make the real property self-supportingand self-liquidating. "(2) In addition to the requirement under subsection (1)ofthis section, each PCB disposal facility licensee undersections 4 to 33ofthis 1985 Act shall berequiredto do the following as aconditionto holding the license: "(a) Proceed expeditiously with and complete the project in accordance with the plans and specifications approvedand the rules adoptedundersections 4 to 33 ofthis 1985 Act. "(b) Commence operation, management or supervision of the PCB disposal facility on completion ofthe project and not to permanentlydiscontinuetheoperation, managementor supervisionof the facilitywithoutthe approval ofthe department. "(c)Maintain sufficientliability insuranceorequivalentfinancial assurance in suchamountsasdetermined by the department to be reasonably necessary to compensate for damage to the public health and safety and environment. 

# c



# o

o

HA to A-Eng. SB 138 Page 820 "(k) Assure that allpersonnel who are employed by the licensee are trained in proper procedures for 21 handling, transfer, transport, treatment, disposal and storage of PCBincludingbutnot limitedto familiarization 22 with allcontingencyplans. 23 "(L) If disposal is byincineration, the facility mustalso incinerateareasonableratio ofhazardous waste. 24 "SECTION28. Anannual fee may berequiredofevery PCB disposal facility licenseeundersections 4 to 33 2S ofthis 1985 Act. The fee shall be in an amount determined by the commission to be adequate to carry on the 26 monitoring, inspection and surveillance program established under section 25 ofthis 1985 Act and to cover 27 related administrativecosts. All such fees are continuouslyappropriatedto thedepartmentto pay the cost of the 28 program undersection 25 ofthis 1985 Act. 29 "SECTION 29. The commission may acquire real property for the disposal of PCB by instituting 30 condemnation proceedings thereforto beconductedin accordance with ORS chapter 35. 31 "SECTION 30. (I) If the commission revokes a PCB disposal facility license under ORS 459.620, the

3 "(e)Restore, to the extentreasonably practicable, the areaofthe facility to its original condition when useof
4 the area isterminated as a facility. S "(f) Maintain a cash bond or otherequivalentfinancial assurance in the name ofthe state and in an amount 6 estimated by the department to be sufficient to cover any costs ofclosing the facility and monitoring it or 7 providing for its security after closure, to secure performance oflicense requirements and to provide for any 8 remedial action by the state necessary to protect the public health and safety and the environment following 9 facility closure. The financial assuranceshallremainondepositfor thedurationofthelicense and until the end of 10 the post-closure period, except as the assurance may be released or modifiedby the department. 11 "(g) Report periodically to the department on the volume and types ofPCB received at the facility, their 12 mannerofdispositionandthe fees collected therefor. 13 "(h) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the
14 departmentto be reasonably necessary to protectthe public health or safety or the environment. 1S "(i) Grantthecommissionthe firstopportunityto purchase the PCB disposal facility if the licensee offers the 16 facility for sale. 17 "U) Maintain records ofany PCB identified underprovisions ofsections 4 to 33 ofthis 1985 Act which is 18 stored, treated ordisposedofat the facility and the mannerin which the PCB was stored, treated, transportedor ,

, 

### ,



### I

# •

• 2

19 "(d) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable risks.

disposedof. The records shall be retainedfor the periodof time determinedby the commission.

32 commission may: 33 "(a) Close the existing PCB disposal site or facility; or 34 "(b) Direct the department to acquire an existing facility or site for the disposal or treatment of PCB 3S according to the provisions ofsubsection (2)ofthis section. 

# • 36 37 "(2) The department may, upon direction from the commission and after payment ofjust compensation, acquire and own an existing facility for use in the disposal ofPCB. In order to secure such a facility, the HA to A-Eng. SB 138 Page 915 "SECTION 32. (I) The PCB disposal facility license shall require a fee based either on the volume ofPCB 16 accepted at the facility or a percentage ofthe fee collected, or both. The fees shall be calculated in amounts 17 estimatedto produceoverthe facility useperiod a sum sufficient to: 18 "(a) Secureperformance oflicenserequirements; 2 3 4 5 6 7 8 9 10 II 12 13 14

19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 commissionmay modify or waive any oftherequirementsofthis chapter, but not ORS 469.375 or469.525, if the commissionfinds thatwaiver or modification: "(a) Is necessary to make operation ofthe facilityeconomicallyfeasible; and "(b) Will not endangerthe public health and safety or the environment. "SECTION 31. (I) The department may limit, prohibit or otherwise restrict the treatment or disposal of PCB at a disposal facility ifappropriate to protectpublic health and safety or the environment. "(2) The departmentshall monitorthe origin and volumeofPCB received at a disposal facility acquired and regulated under section 30 ofthis 1985 Act, and may curtail or reduce the volume ofthe PCB that may be accepted for disposal as necessary to: "(a) Protectpublic health and safety or the environment; or "(b) Assure thatthe operation ofthe facility iseconomicallyfeasible. "(3) The departmentshall not accept any PCB at a disposal facility owned by the state from a state that is not a party to the NorthwestInterstateCompacton Low-LevelRadioactiveWaste Managementas set forth in ORS 469.930.

"(b) Close the facility; "(c) Providefor any monitoringor security ofthe facility after closure; and "(d) Provide for any remedial action by the state necessary after closure to protect the public health and safety and the environment. "(2) The amount so paid shall be held in a separate account and when the amount paid in by the licensee together with the earningsthereonequals the amountofthe financial assurancerequired under subsection (2) of section 27 of this 1985 Act, the licensee shall be allowed to withdrawthe financial assurance. "(3) If the facility is closed before the fees reach an amount equal to the financial assurance, appropriate adjustment shall bemade and the reducedportion ofthe financial assurance may be withdrawn. "SECTION33. (I) At the time a PCB disposal facility is closed, the person licensed under sections 4 to 33of this 1985 Act to operatethe facility must obtaina post-closure license from the department. "(2) Apost-closure license issued under this section must be maintained until the end of the post-closure period establishedby the commissionby rule. "(3) In orderto obtaina post-closure license the licensee must providepost-closure care which shall include at least the following: "(a) Monitoring and security ofthe PCB disposal facility; and "(b) Any remedial action necessary to protectthe public health and safety and environment. "(4) The commission may by rule establish a post-closure licenseapplication fee. "SECTION 34. Section 35 ofthis Act is added to and madea part ofORS chapter 767. 

# o

o

o

HA to A-Eng. SB 138 Page 1011 '"SECTION 36. ORS 767.457 is amended to read: 12 "767.457. (1) The commissioner shall adoptrules setting standards for the safetransportation ofhazardous 13 waste, [asdefinedin ORS459.410.] hazardous substance and PCB by all transporters. 14 "(2) The authority granted underthis section: 15 "(a) Is in addition to any otherauthority grantedthe commissioner. 16 "(b) Does not supersede the authority ofthe Energy Facility Siting Council to regulate the transportation of 17 radioactive materials underORS 469.530. 

# •

•

• 2 3 4 5 6 7 8 9 10

18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "SECTION 35. (I) In addition to any other enforcement measure allowed, if a person violates the provisionsofORS 459.450 or 767.457 or rules adoptedby the commissionerunderORS 459.450or 767.457, the commissioner may impound the person's vehicle transporting, about to transport or that has transported hazardous waste, PCB or hazardous substance within the state. The commissionermay charge a reasonable fee for the costs ofimpoundment and storage, if any, before releasing any vehicle to its owner. "(2) As used in this section and ORS 767.457: "(a) 'Hazardous substance' includes any substance definedby the commissioneras hazardous. "(b) 'Hazardous waste' has the meaninggiven thatterm in ORS 459.410. "(c) 'PCB'has the meaninggiventhattermin ORS 468.900 when the PCB is a wasteproductofan industrial, commercial or otheractivity.

"(3) In addition to any other penalty for violation ofa rule adopted under this section, the commissioner, after hearing, may impose a civil penalty ofnot more than $10,000 for violation ofa rule adopted under this section. Each day ofnoncompliance with a rule is a separate violation. "SECTION 37. ORS 459.445 is amended to read: "459.445. (I) The commission may, by rule, require generators ofhazardous waste to: "(a) Identify themselves to the department, list the location and general characteristics oftheiractivity and name the hazardous waste generated; "(b) Keep records that accurately identify the quantities ofsuch hazardous waste, the constituents thereof, and the disposition ofsuch waste; "(c) Furnish information on the chemical composition ofsuch hazardous waste to persons transporting, treating, storingor disposing ofsuch waste; "(d) Use a department approved manifest system to assure that all such hazardous waste generated are destined fortreatment, storage or disposal intreatment, storage or disposal facilities (otherthan facilities on the premises where the waste is generated) which are operating pursuantto lawful authority; and "(e) Submit reports to the department setting out quantities ofhazardous waste generated during a given time period and the disposition ofall such waste. "(2) The generator ofa hazardous waste shall be allowed to store a hazardous waste produced by that generatoron the premisesofthatgeneratorfor a term not to exceed thatset by rule withoutobtainingahazardous waste collection site license. This shall not relieve any generatorfrom complyingwith any otherrule or standard regarding storage ofhazardous waste.

HA to A-Eng. SB 138 Page II2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "(3) Thecommissionby rule may exemptcertainclasses or types ofhazardouswastegenerators from partor all ofthe requirements upongeneratorsadoptedby the commission. Such an exemptioncan only be made if the commissionfinds that, becauseofthe quantity, concentration, methods ofhandlingor useofahazardouswaste, such a class or type ofgeneratoris not likely either: "(a) To cause or significantly contribute to an increase in serious irreversible or incapacitating reversible illness; or "(b) To pose a substantial present or potential threatto human health or the environment. "(4) The commission by rule may provide for a special license for the treatment ofhazardous waste on the premises of a generator. Such a special license may be established only if such treatmenthas no major adverse impacton: "(a) Public health and safety; or "(b) Theenvironmentofadjacent lands. "SECTION 38. ORS 459.505 is amended to read: "459.505. (I) Except as provided in ORS 459.445 (2), no person shall: "(a) Storeahazardouswaste anywherein this stateexceptat alicensedhazardouswastetreatment, collection

or disposal site; "(b) Establish, construct or operate a hazardous waste collection site in this state without obtaining a hazardous waste collection site license issuedpursuantto this chapter; or "(c) Establish, construct or operate a hazardous waste treatment site in this state without obtaining a hazardous waste treatment site license issued underORS 459.410 to 459.450 and 459.460 to 459.690. "(2) Thecommission may exemptcertain classes ofhazardous waste collection ortreatment sites from part or all ofthe licensingrequirements for these sites. Such an exemption can only be made if the commissionfinds that, because ofthe quantity, concentration or type ofwaste or duration ofstorage, such a class ofcollection or treatment site is not likely to endangerthe public health, welfare or safety orthe environment. "(3) If the directorfinds an emergency condition to exist, the directormay authorize the short-term storage

or treatmentofahazardous waste anywhere in the state as long as such temporary storage ortreatmentshall not constitute a hazard to public health, welfare orsafety or to the environment. "(4) Hazardous waste collection sites operating on June 30, 1977, shall be required to obtain a hazardous waste collection site license notlaterthanJanuary I, 1978. "(5) Hazardous waste treatment sites operating on October 3, 1979, shall be required to obtain ahazardous waste treatment site license not laterthan July I, 1980. "SECTION 39. ORS 459.590 is amended to read: "459.590. (I) As aconditionofissuanceofahazardous waste disposalfacility license, the licensee mustdeed to the state all that portion ofthe hazardous waste disposalfacility in or upon which hazardous wastes shall be disposed of. If the state is required to pay the licenseejust compensation for the real property deeded to it, the licensee shall pay the state annually a fee in an amount determined by the department to be sufficient to make such real property self-supporting.and self-liquidating. 

# .0



# o

o

HA to A-Eng. SB 138 Page 125 "(b) Commence operation, management or supervision of the hazardous waste disposal facility on 6 cO,mpletionoftheproject and not to permanentlydiscontinuesuch operation, managementor supervisionof the 7 facilitywithoutthe approval ofthe department. 8 "(c)Maintain sufficientliability insuranceorequivalentfinancial assurancein such amounts asdetermined 9 by the department to be reasonably necessary to protect the environment, and the health, safety and welfareof \0 the peopleofthis state. 1\ "(d) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably \2 foreseeable risks. \3 "(e)Restore, to the extentreasonablypracticable, the facility to its original conditionwhen useofthe area is 14 terminatedas a site. 15 "(f) Maintain a cash bond orotherequivalentfinancial assurance in the name of the state and in an amount \6 estimated by the department to be sufficient to cover any costs ofclosing the facility and monitoring it or \7 providing for its security after closure, to secure performance oflicense requirements and to provide for any 18 remedial action by the state necessary to protect the public health, welfare and safety and the environment 

# •

• 2 3 4

\9 20 "(2)Eachhazardous waste disposal facility licenseeunderDRS459.410 to 459.450 and 459.460 to 459.690 shall be requiredto do the following as aconditionto holdingthe license: "(a) Proceed expeditiously with and complete the project in accordance with the plans and specifications approvedthereforpursuanttoDRS459.410 to 459.450 and 459.460 to 459.690 and the rulesadoptedthereunder.

following facility closure. The financial assuranceshallremainondepositfor thedurationofthe license and until the end of the post-closureperiod, except as the assurance may be released or modifiedby the department. 2\ "(g)Reportperiodically on the volume ofmaterial received at the facility and the fees collected therefor. 22 "(h) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the 23 departmentto bereasonably necessary to protectthe public health, welfare or safety or the environment. 24 "(i) In addition to the requirement of subsection (1) of this section, grant to the Environmental Quality 25 Commission the firstopportunitytopurchasethehazardous wastedisposalfacility or site if the licensee offers the 26 site for sale. 27 "SECTION40. DRS459.635 is amendedto read: 28 "459.635. [The legislaturefinds that there is an urgent need for an Oregon site for the disposal of hazardous 29 chemical wastesandthat such a site shouldbe regulated but not operated by the Department of Environmental 30 Quality.] (1) Ifthe commission revokes a license under ORS 459.620, the commission may: 3\ "(a) Close an existing hazardous waste disposal site or facility; or 32 "(b) Direct the departmentto acquire an existing facility or site for the disposal or treatment ofhazardous 33 waste according to the provisions ofsubsection (2) of this section. 34 "(2)The departmentmay, upon direction of the commission and upon payment ofjustcompensation, acquire 35 and ownan existing facility or site for use in the disposal ortreatmentofhazardous waste. Inorderto secure such 36 a site, the commission may modify or waive any ofthe requirements of this chapter, but not DRS 469.375 or 

# • 37 469.525, if it finds that such waiver or modification:

HA to A-Eng. 

### sa 138 Page 132 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31 32 33 34 35 36 37 " [(1)) (a) Is necessary to make operation ofthe facility or siteeconomicallyfeasible; and

" [(2)) (b) Will not endangerthe public health and safety or the environment. "SECTION41. ORS 459.640 is amendedto read: "459.640. (1) The department may limit, prohibit or otherwise restrict the treatmentor disposal ofcertain hazardous [wastes) waste at a hazardous waste treatment or disposal site [ownedby the state) if [necessary) appropriate to protect public health, welfare or safety or the environment or to prolong the useful lifeofthe hazardous waste disposal site. "(2)The departmentshall monitorthe origin and volumeofhazardous waste received at ahazardous waste treatmentor disposal site and maycurtailor reduce thevolumeofthe wastes that may be accepted for disposal as necessary to prolong the useful lifeofthe site. "SECTION42. ORS 468.220 is amendedto read: "468.220., (I) The department shall be the agency for the State ofOregon for the administration of the PollutionControlFund. The departmentis hereby authorizedto use the PollutionControl Fund foroneor more ofthe following purposes: "(a) To grant funds not to exceed 30 percent oftotal project costs for eligible projects as defined in ORS 454.505 or sewerage systems as defined in ORS 468.700. "(b) To acquire, by purchase, or otherwise, general obligation bonds or otherobligations ofany municipal corporation, city, county, or agency ofthe State ofOregon, or combinations thereof, issued or made for the purpose ofparagraph (a)ofthis subsection in an amountnot to exceed 100percentof the total project costs for eligible projects. "(c)To acquire, by purchase, or otherwise, otherobligations ofany city thatare authorizedby itscharterin

an amountnot to exceed 100percentofthe total project costs for eligible projects. "(d) To grant funds not to exceed 30 percent ofthe total project costs for facilities for the disposal of solid waste, includingwithoutbeing limitedto, transferand resource recovery facilities. "(e) To make loans or grants to any municipalcorporation, city, county, or agencyofthe State of Oregon, or combinationsthereof, forplanningofeligible projects as defined in ORS 454.505, seweragesystems as defined by ORS 468.700or facilities for the disposal ofsolid waste,includingwithoutbeing limited to, transfer and resource recovery facilities. Grants made under this paragraph shall be considered a part of any grant authorized by paragraph (a) or (d) ofthis subsection if the project isapproved. "(f) To acquire, by purchase, or otherwise, general obligation bonds or other obligations ofany municipal corporation, city, county, or agency ofthe State ofOregon, or combinations thereof, issued or made for the purpose ofparagraph (d) ofthis subsection in an amount not to exceed 100percentof the total project costs. "(g)To advancefunds bycontract, loan or otherwise, to any municipalcorporation, city, county or agency of the State of Oregon, or combination thereof, for the purpose ofparagraphs (a) and (d) of this subsection in an amount not to exceed 100percentofthe total project costs. "(h) To paycompensation requiredby law to be paid bythe state for the acquisition of real property for the disposal by storage ofenvironmentally hazardous wastes. 

# o

HA to A-Eng. S8 '138 Page 147 "(2) The facilities referred to in paragraphs (a) to (c) ofsubsection (I) ofthis section shall be only such as 8 conservativelyappearto the departmentto be notless than 70 percent self-supporting and self-liquidating from 9 revenues, gifts, grants from the Federal Government, user charges, assessments and otherfees. 10 "(3) The facilities referredto inparagraphs(d), (f) and(g)ofsubsection(I)ofthis sectionshall be only such as II conservativelyappearto the departmentto be notless than 70 percent self-supporting and self-liquidating from 12 revenues, gifts,grants from the Federal Government, user charges, assessments and otherfees. 13 "(4) The real property and facilities referred to in (paragraph UJ]paragraphs (j) and (k) ofsubsection (1) of 14 this section shall be only such as conservatively appear to the department to be not less than 70 percent self15 supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, 16 assessments and otherfees.

25 sessions. 26 "(8) The department may assess those entities to whom grants and loans are made under this section to 27 recoverexpenses incurredin administeringthis section. 28 "SECTION43. No new PCB disposal facility shall beconstructedon or afterJanuary I, 1985, withoutfirst 29 complying with sections 4 to 33 ofthis 1985 Act. 30 "SECTION44. Within 270 days afterthe etTectivedateofthis Act, theEnvironmental QualityCommission 31 shall adoptrules accordingto the applicableprovisionsofORS 183.310to 183.550to carry outthe provisions of 32 sections 4 to 33 ofthis Act. 33 "SECTION 45. (I) The Environmental Quality Commission shall establish an application period under 34 section 10ofthis Actandfirst begin to receive applications foroperationofaPCB disposalfacility notlaterthan 35 270 days after the commissionfirst adopts rules under section 16ofthis Act. 

# •

•

• 2 3
4

6

17 18 19 20 21 22 23 24

36 "0) To dispose of environmentally hazardous wastes by the Department of Environmental Quality wheneverthe departmentfinds that an emergencyexists requiring such disposal. "(j) To acquire for the state real property and facilities for the disposal by landfill, storage or otherwise of solid waste, includingbutnotlimitedto, transferand resource recovery facilities. "(k) To acquire for the state real property and facilities for the disposal by incineration or otherwise of hazardous waste or PCB.

"(5) The departmentmay sell or pledge anybonds, notesorotherobligationsacquiredunderparagraph(b)of subsection (I) ofthis section. . "(6) Before making a loan or grant to or acquiring general obligation bonds or other obligations of a municipal corporation, city, county or agency for facilities for the disposal ofsolid waste or planning for such facilities, thedepartmentshall requirethe applicantto demonstratethatit has adoptedasolidwaste management plan thathas been approvedby the department. The plan mustinclude a waste reduction program. "(7)Anygrantauthorizedby this section shall be made only with the priorapprovalofthe JOIntCommittee on Ways and Means during the legislative sessions or the Emergency Boardduring the interim period between

"(2) This section is repealedJuly 1, 1987.

HA to A-Eng. SB 138 Page IS

### ,,- 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "SECTION46. Except asprovidedin section 48ofthisAct, theprovisionsofthis Act control applicationfor licenses made to the EnvironmentalQualityCommission underORS 459.410 to459.450and 459.460to459.695 afterJanuary 31, 1984, but not yetapproved on the effective date ofthis Act. "SECTION 47. Notwithstanding section 46 ofthis Act, an individual licensed under ORS 459.410 to 459.450 and 459.460 to 459.690 asofthe day immediatelypreceding the effective date of this Act, who is subject to ORS 459.410 to 459.450 and 459.460 to 459.690 on and after the effective date ofthis Act, need not obtain a licenseunderORS 459.410 to 459.450 and 459.460 to 459.690 as amendedby this Act until the license issued to the individual before the effective date ofthis Act under ORS 459.410 to 459.450 and 459.460 to 459.690 has expired. The individualisconsideredto be licensedunderand subject to ORS 459.490 to459.450and459.460to 459.690 onandafter the effective date ofthis Act, according to thenatureand characterofthe businessconducted by the individual, until the expiration ofthe license. Any person operating under a license issued under ORS 459.410 to459.450and 459.460 to 459.690 whose license expires after the effective date of this Act but before the commission adopts rules under section 44 ofthis Act may continue to operate according to the terms ofthe expiredlicense until such time as the commission has adopted rules to carry out the provisions ofthis Act and eitherissues or denies a renewal license accordingto the provisions ofORS 459.410 to 459.450 and 459.460 to 459.690 as amendedby this Act. "SECTION 48. Notwithstanding any other provision of this Act, the commission shall process any applicationsubmittedto thecommissionon or beforeJanuary31, 1984,for renewalofalicense to operate a PCB

orhazardouswaste disposal facilityoperatingon the effective date ofthis Act, according to theprovisionsofORS 459.410 to 459.450and 459.460 to 459.690as those sections read before the effective date ofthis Act. A license for which an applicationto renew the license wassubmittedaccording to thecriteriaof this section shallcontinue in full force and effect until the commissioneitherissues or denies a renewal license. "SECTION49. ORS 459.530 is repealed. "SECTION 50. This Act being necessary for the immediate preservation ofthe public peace, health and safety, an emergency is declared to exist, and this Act takes effect on its passage.", 

# c



# ..

HA to A-Eng. SB 138 Page 16

# •

'. Hazardous Waste 

# Management Rules

Oregon Administrative Rules Chapter 340 -

Department of Environmental Quality Hazardous and Solid Waste Division 522 S.W. Fifth Avenue P.O. Box 1760 Portland, Oregon 97207

# •

• Hazardous Waste 

# Management Rules

Oregon Administrative Rules Chapter' 340· Divisions 100-110

Current 

# as of July 19, 1985

Department of Environmental Quality Hazardous and Solid Waste Division 522 S.W. Fifth Avenue P.O. Box 1760 Portland, Oregon 97207

# • DEPARTMENTOFENVIRONMENTALQUALITY

Hazardous and Solid Waste Division 522SW5thAvenue P.O. Box1760 Portland. OR97207 229-5913 

## Regional Offices

Northwest Region 522S.w. 5thAvenue P.o.Box1760 Portland. OR97207 229-5263 Eastem Region 700S.E. Emigrant SuiteJ30 Pendleton.Oregon 97801**27~**



# • WlllametteValley Region 895SummerStreet. NE Salem. OR97310 378-8240

SouthwestRegion 201W.Main St..Suite**2~** Medford. Oregon 97501 776-6010 Central Region 2150N.E. StudioRoad Bend. Oregon 97701 388-6146



# • For information or assistance with DEQ's Hazardous Waste Rules, contact the DEQ Regional Office serving your area, or the Hazardous and Solid Waste Division.

### DIVISION 100 HAZARDOUS WASTE MANAGEMENT Hazardous Waste Management System: General

340-100-001 340-100-002 340-100-003 340-100-004 340-100-010 340-100-011 340-100-020 340-100-021 340-100-022 Purpose and scope. Adoption of United States Environmental Protection Agency Hazardous Waste Regulations. Confidentiality. Table of contents, Divisions 100 to 110. Definitions. References. Petitions, general. Petitions for equivalent testing or analytical methods. Petitions to amend Division 101 to exclude a waste produced at a particular facility.



# Ie Authority: ORS Chapter 468, including 468.020; 459, including 459.440; and 183.

ZRULE.OA 

### (7/19/85) -1-

### Purpose and scope. 340-100-001 The Department finds that increasing quantities of hazardous waste are being generated in Oregon which, without adequate safeguards, can create conditions that threaten public health and the environment. It is therefore in the public interest to establish a comprehensive program to provide for the safe management of such waste. The purpose of the management program contained in Divisions 100 to 110 of this Chapter is to control hazardous'waste from the time of generation through transportation, storage, treatment and disposal. Waste reduction at the point of generation, beneficial use, recycling and treatment are given preference'to'landdisposal. TO.this end, the Department intends to minimize the number of disposal, sites and to tightly control their operation. Divisions 100 to 106 incorporate, by reference, hazardous waste management regulations of the federal program,included in 40CFR Parts 260· to 266, 270 and Subpart Aof 124, into Oregon Administrative Rules. Therefore, persons must consult these parts of·40 CFR in addition to Divisions 100 to 106 of these rules to determine all applicable hazardous waste management requirements. A secondary purpose is to obtain EPA Final Authorization to manage hazardous waste in Oregon in lieu of the federal program. Adoption of United States Environmental Protection Agency Hazardous Waste Regul'at.Lona.. 

### 340-100-002 Except as otherwise modified or specified by OAR Chapter 340, Divisions 100 to 106, the rules and regulations governing the management of hazardous waste, including its generation, transportation by air or water, treatment, storage and disposal, prescribed by the United States Environmental Protection Agency in Title 40 Code of Federal Regulations, Part 260 to 266, 270 and Subpart Aof 124, and amendments thereto promulgated prior to May 1, 1985, are adopted and prescribed by the Commission to be observed by all persons subject 'to ORS 459.410 to 459.450, and 459.460 to 459.695. Confidentiality. 340-100-003 (1) The provisions of this rule replace the provisions of 40 CFR 260.2. (2) Records, reports, and information submitted pursuant to these rules may be claimed as confidential by the submitter. Such claim must be asserted at the time of submission by stamping the words "confidential business information" or the equivalent on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with ORS 192.500 and 459.460. (3) Records, reports, and information submitted pursuant to these rules shall be made available to EPA upon request. If the records, reports, or information has been submitted under a claim of confidentiality, the state shall make that claim of confidentiality to EPA for the requested records, reports or information. The federal agency shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. 

# c



# o

o

ZRULE.OA 

### (7/19/85) -2-

### (Comment: It is suggested that claims of confidentiality be restricted to that information considered absolutely necessary and that such information be clearly separated from the remainder of the submission.) Table of contents, Divisions 100 to 110. 340-100-004 The following Divisions including the incorporation of regulations in 40 CFR Parts 260 to 266, 270 and 124, comprise the Oregon hazardous waste management program: Diyision 100 101 102 103 104 105 106 108 109 110 Subject Hazardous Waste Management System: General Identification and Listing of Hazardous Waste Standards Applicable to Generators of Hazardous Waste Standards Applicable to Transporters of Hazardous Waste by Air or Water Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities Management Facility Permits Permitting Procedures Spills and Other Incidents Management of Pesticide Wastes Polychlorinated Biphenyls (PCBs) Definitions. 

# 4It 340-100-010 (1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 260.10. (2) When used in Divisions 100 to 110 of this Chapter, the following terms have the meanings given below: (a) "Administrator" means: (A) The "Department," except as specified in paragraphs (2)(a)(B) or (C) of this rule; (B) The "Commission," when used in 40 CFR 261.10 and 261.11; or (C) The Administrator of the U.S. Environmental Protection Agency, when used in 40 CFR 262.50. (b) "Aquatic LC50" (median aquatic lethal concentration) means that concentration of a substance which is expected in a specific time to kill 50% of an indigenous aquatic test population (i.e., fish, insects or other aquatic organisms). Aquatic LC50 is expressed in milligrams of the substance per liter of water. (c) "Beneficiation of ores and minerals" means the upgrading of ores and minerals by purely physical processes (e.g., crushing, screening, settling, flotation, dewatering and drying) with the addition of other chemical products only to the extent that they are a non-hazardous aid to the physical process (such as flocculants and deflocculants added to a froth-flotation process). (d) "Collection." See "Storage." (e) "Commission" means the Environmental Quality Commission. (f) "Department" means the Department of Environmental Quality except it means the Commission when the context relates to a matter solely within the authority of the Commission such as: the adoption of rules and issuance of orders thereon pursuant to ORS 459.440, 459.445 and 468.903;

ZRULE.OA 

### (7/19/85) 

### -3-

### the making of findings to support declassification of hazardous wastes pursuant to ORS 459.430(3); the issuance of exemptions pursuant to ORS 459.505(2); the issuance of disposal site permits pursuant to ORS 459.580(2);and the holding of hearings pursuant to ORS 459.560, 459.580(2), 459.620, 459.650, and 459.660. (g) "Director" means: (A) The "Department," except as specified in paragraph (2)(g)(B) of this rule; or (B) The "permitting body," as defined in section (2) of this rule, when used in 40 CFR 124.5, 124.6, 124.8, 124.10, 124.12, 124.14, 124.15 and 124.17. (h) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste or hazardous substance into or on any land or water so that the hazardous waste or hazardous substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the state as defined in ORS 468.700. (i) "EPA" or "Environmental Protection Agency" means the Department of Environmental Quality. (j) 

### "EPA Form 8700-12" means EPA Form 8700-12 as modified by the Department. (k) "Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980, or is in existence on the effective date of statutory or regulatory changes under Oregon law that render the facility subject to the requirement to have a permit. A facility has commenced construction if: (A) The owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction; and either (B) (i) A continuous on-site, physical construction program has begun, or (ii) The owner or operator has entered into contractual obligations--

. which cannot be cancelled or modified without substantial loss--for physical construction of the facility to be completed within a reasonable time. 

### (1) "Extraction of ores and minerals" means the process of mining and removing ores and minerals from the earth. (m) "Generator" means the person who, by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. (n) "Hazardous substance" means any substance intended for use which may also be identified as hazardous pursuant to Division 101. (0) 

### "Hazardous waste" means a hazardous waste as defined in 40 CFR 261.3. (p) "Identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage and disposal facility. (q) "License." See "Permit." (r) "Management facility" means a hazardous waste treatment, storage or disposal facility. (s) "Off-site" means any site which is not on-site. (t) "Oxidizer" means any substance such as a chlorate, permanganate, peroxide, or nitrate, that yields oxygen readily or otherwise acts to stimulate the combustion of organic matter (see 40 CFR 173.151). (u) 

### "Permitting body" means: 

# c



# o

ZRULE.OA (7/19/85) 

### -4-

### rule and in 40 CFR of Environmental These materials are (A) The Department of Environmental Quality, when the activity or action pertains to hazardous waste storage or treatment facility permits; or (B) The Environmental Quality Commission, when the activity or action pertains to hazardous waste disposal facility permits. (v) "Permit" or "license" means the control document that contains the requirements of ORS Chapter 459 and Divisions 104 to 106. Permit includes permit-by-rule and emergency permit. Permit does not include any permit which has not yet been the subject of final Department action, such as a draft permit or a proposed permit. (w) "RCRA" or "Resource Conservation and Recovery Act," when used to refer to a federal law, means Oregon law. (x) "RCRA permit" means Oregon hazardous waste management facility permit. (y) "Regional Administrator" means: (A) The "Department," except as specified in paragraphs (2)(y)(B) or (C) of this rUle; (B) The "permitting body," as defined in section (2) of this rule, when used in 40 CFR 124.5, 124.6, 124.8, 124.10, 124.12, 124.14, 124.15 and 124.17. (C) The "Commission," when used in 40 CFR 260.30 through 260.41. (z) "Residue" means solid waste as defined in 40 CFR 261.2. (aa) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. (bb) "Spill" means unauthorized disposal. (cc) "Storage" or "collection" means the containment of hazardous waste either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste. (dd) "Waste management unit" means a contiguous area of land on or in which waste is placed. Awaste management unit is the largest area in which there is 

### a significant likelihood of mixing of waste constituents in the same area. Usually this is due to the fact that each waste management unit is subject to a uniform set of management practices (e.g., one liner and leachate collection and removal system). The provisions in the Division 104 regulations (principally the technical standards in Subparts K-N of 40 CFR Part 264) establish requirements that are to be implemented on a unit-by-unit basis. References. 340-100-011 (1) In addition to the publications listed in 40 CFR 260.11, when used in Divisions 100 to 110, the following publications are incorporated by reference: (a) Code of Federal Regulations, Title 40, U.S. Environmental Protection Agency. (b) Code of Federal Regulations, Title 49, U.S. Department of Transportation. (2) The references listed in section (1) of this 260.11 are available for inspection at the Department Quality, 522 SW Fifth Ave., Portland, Oregon, 97204. incorporated as they exist on April 30, 1985.

ZRULE.OA 

### (7/19/85) 

### -5-

### Petitions, general. 340-100-020 (1) Any person may petition the Department to approve an equivalent testing or analytical method or may petition the Commission to exclude a waste produced at a particular facility. This rule sets forth general requirements which apply to all such petitions. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.20. (3) After evaluating all public comments, the Department or Commission as appropriate will make a decision to grant or deny the petition. Persons commenting on the petition will be notified and the decision placed in the public record. Petitions for equivalent testing or analytical methods. 340-100-021 (1) Any person seeking to add a testing or analytical method to Divisions 101, 104 or 105 shall petition under this rule and rule 340-100-020. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.21. (3) If the Department permits use of a new testing or analytical method, the method will be made available for public inspection in the manner indicated in rule 340-100-011(2). (Comment: In most instances, the Department will not consider approving a testing or. analytical method until it has been approved by EPA.) Petitions to amend Division 101 to exclude a waste produced at a**par~icular** 

### facility. 340-100-022 (1) Any person seeking to exclude a waste at a particular generating facility from the lists in Subpart D of Part 261 shall petition under this rule and rule 340-100-020. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.22. (3) The Commission may (but shall not be required to) grant a temporary exclusion before making a final decision under 40 CFR 260.20(d) whenever it finds that there is a substantial likelihood that an exclusion will be finally granted. The Commission will place any such temporary exclusion in the public record. 

# c



# o

o

t i' 

### ZRULE.OA 

### (7/19/85) 

### -6-

### 340-101-001 340-101-004 340-101-005 340-101-032 340-101-033 340-101-034 DIVISION 101 HAZARDOUS WASTE MANAGEMENT Identification and Listing of Hazardous Waste

Purpose and scope. Exclusions. Special requirements for hazardous waste produced by small quantity generators. Hazardous waste from specific sources. Additional hazardous wastes•. Basis for listing hazardous waste.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440; and 183.

ZRULE.1A 

### (7/19/85) -1-

### Purpose and scope. 340-101-001 (1) The purpose of this Division is to identity those residues which are subject to regulation as hazardous wastes under Divisions 100 to 108 of this Chapter. (2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. Exclusions. 340-101-004 (1) 

### The provision of 40 CFR'26l.4(b)(7) is deleted and replaced with section (2) of this rule. (2) Residues from the extraction and benef.iciation of ores and minerals (including coal), including phosphate rock and overburden.from the mining of uranium ore, are not hazardous waste. (Comment: The State program is more stringent than the federal program in that the latter also excludes residues from processing.) Special requirements for hazardous waste produced by small quantity generators. 340-101-005 (1) 

### The provisions of 40 CFR 261.5(b)·and 261.5(g) are deleted and replaced with sections (2), (3), (4) and (5) of this rule. (2) Except for those wastes identified in 40 CFR 261.5(e) and (f), a small quantity generator's hazardous wastes are subject to regulation under Divisions 100 to 108 only to the extent of generator compliance with the requirements of OAR 340-101-005(3) and the owner or operator of a treatment or storage facility's compliance with the requirements of OAR 340-101-005(4). (3) In order for hazardous waste generated by a small quantity generator to be excluded from full regulation under 40 CFR 261.5, the generator must: (a)(A) Comply with 40 CFR 262.11; and (B) If he generates more than 200 pounds in a calendar month, comply with 40 CFR 262.12(a), 262.30, 262.31, and 262.32(a). (b) If he stores his hazardous waste on-site, store it in compliance with the requirements of 40 CFR 261.5(f); and (c) If the quantity generated in a calendar month exceeds the small quantity disposal exemptions indicated in section (5) of this rule: Either treat or dispose of his hazardous waste in an on-site facility, or ensure delivery to an off-site storage, treatment or disposal facility, either of which is: (A) Permitted under Division 105; (B) In interim status under 40 CFR Parts 265 and 270; (C) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271; (d) If the quantity generated in a calendar month is equal to or less than the small quantity disposal exemptions indicated in section (5) of this rule: (A) Either treat or dispose of his hazardous waste in an on-site facility, or ensure delivery to an off-site storage, treatment or disposal facility, either of which is: (i) Permitted under Division 105; (ii) In interim status under 40 CFR Parts 265 and 270; 

# c



# o

o

ZRULE.1A 

### (7/19/85) -2-

### (iii) Authorized to manage hazardous waste by a state with a hazardous waste"management program approved under 40 CFR Part 271; or (iv) Permitted, licensed.or registered by a state to manage municipal or industrial solid waste. Additionally, the generator shall: (I) Securely contain the waste to minimize the possibility of waste release prior to burial; and (II) Obtain permission from the waste collector or from the landfill permittee, as appropriate, before depositing the waste in any container for subsequent collection or in any landfill for disposal. In the event that the waste collector or landfill permittee refuses to accept the waste, the Department shall be contacted for alternative disposal instructions. (4) The owner or operator of an off-site facility that treats or stores hazardous waste obtained only from small quantity generators in amounts greater than 200 pounds but less than 2000 pounds of hazardous waste in a calendar month must obtain a letter of authorization from the Department as required by rule 340-105-100. Owners or operators of offsite facilities that treat or store more than 2000 pounds per calendar month are fully sUbject to regulation under Divisions 100 to 108. (5) The following small quantity exemption levels shall be used for purposes of section (3) of this rule:

Small Quantity Small Quantity Hazardous DispOsal Exemption Hazardous Disposal Exemption Waste No. (lb. per month) Waste No. Ub. per month) D001 25 F001 200 D002 200 F002 200 D003 Determined by the F003 25 Dept. on an indivi- F004 200 dual basis, but F005 25 not to exceed 200 F006 200 D004 10 FOQ7 10 D005 200 F008 10 D006 10 F009 10 D007 200 F010 10 D008 200 F011 10 D009 10 F012 10 D010 200 F024 200 D011 200 F020 2 D012 10 F021 2 DOn 10 F022 2 D014 10 F023 2 D015 10 F026 2 D016 10 F027 2 D017 10 F028 10 K001 10 K073 200 K002 200 K106 10 K003 200 K031 10 K004 200 K032 10 K005 200 K033 10 K006 200 K034 10 K007 200 K097 10 K008 200 K035 10

ZRULE.1A 

### (7/19/85) -3-Small Quantity Small ·Quantity Hazardous Disposal Exemption Hazardous Disposal Exemption Waste No. (lb. per month) Waste No. (lb. per month) 

# C K009 200 K036 10 K010 200 K037 10 K011 200 K038 10 K013 200 K039 10 K014 200 K040 10 K015 10 K041 10 K016 200 K098 10 K017 200 K042 10 K018 200 K043 10 K019 200 ,K099 10 K020 200 K044 200. K021 200 K045 200 K022 200 K046 200 K023 200 K047 200 K024 200 K048 200 K025 200 K049 200 K026 200 K050 200 K027 200 K051 200 K028 200 K052 200 K029 200 K061 200 K093 200 K062 200 K094 200 K069 200 K095 200 K100 200 K096 200 K084 10 K030 200 K101 ,10 

# C' K083 200 K102 10 K103 200 K086 200 K104 200 K060 200 K085 200 K087 200 K105 200 K088 200 K071 10 P001 to P999 - Commercial chemical products 2 or intermediates P001 to P999 - Spill cleanup 200 P001 to P999 - Process waste as defined 10 in 340-101-040(2)(a) U001 to U999

- Commercial chemical products 10 or intermediates U001 to U999

- Process waste as defined in 10 340-101-040(2)(b) X001

- Pesticide waste as defined in 10 340-101-045 All F, K, U and X listed spill cleanup 2000 

# 0

ZRULE.1A 

### (7/19/85) 

### -4-

### Hazardous constituents for which listed Hazardous waste from specific sources. 340-101-032 The following hazardous wastes are added to and made a part of the list of hazardous wastes in 40 CFR 261.32: K088 • • • Spent potliner from primary aluminum reduction

- Hazard code: R, T Additional hazardous wastes. 340-101-033 (1) The residues identified in sections (2) and (3) of this rule are hazardous wastes and are added to and made a part of the list of hazardous wastes in 40 CFR 261.33. (2) Any residue, including but not limited to manufacturing process wastes and unused chemicals that has either: (a) A 3% or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(e); or (b) A 10% or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(f). (3) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water, of either: (a) Aresidue identified in subsection (2)(a); or (b) Aresidue identified in subsection (2)(b). (4) The wastes identified in subsections (2)(a) and (3)(a) of this rule are identified as acutely hazardous wastes (H) and are sUbject to the small quantity exclusion defined in 261.5(e). (Comment: Sections (2) and (3) of this rule shall be applied to a manufacturing process waste only in the event it is not identified elsewhere in this Division, but prior to application of section (5) of this rule.) (5)(a) A pesticide residue or pesticide manufacturing residue is a toxic hazardous waste if a representative sample of the residue exhibits a 96-hour aquatic LCSO equal to or less than 250 mg/l. (b) A pesticioe residue or pesticide manufacturing residue identified in subsection (5)(a) of this rule but not in 40 CFR 261.24 or listed elsewhere in Subpart D of 40 CFR Part 261, has the Hazardous Waste Number of 1001 and is added to and made a part of list of hazardous wastes in 40 CFR 261.31. (6)(a) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates identified in subsection (6)(b) this rule are added to and made a part of the list in 40 CFR 261.33(e). (b) P999 • • • •• Nerve agents (such as GB (Sarin) and VI). Basis for listing hazardous waste. 340-101-034 (1) The waste identified in section (2) of this rule is hereby added to and made a part of Appendix VII: Basis for Listing Hazardous Wastes to 40 CFR Part 261. (2) Hazardous Waste No. K08B • • •

ZRULE.1A 

### (7/19/85) 

### -5- cyanide

### DIVISION 102 HAZARDOUS WASTE MANAGEMENT Standards Applicable to Generators of Hazardous Waste

340-102-010 340-102-011 340-102-012 340-102-034 340-102-040 340-102-041 340-102-050 340-102-051 340-102-060 340-102-065 Purpose, scope and applicability. Hazardous waste determination. Identification number. Accumulation time. Recordkeeping. Quarterly reporting. International shipments. Farmers. Additional instructions for the Uniform Hazardous Waste Manifest. Hazardous waste generator fees.

Authority: ORS Chapter 468, inclUding 468.020; 459, including 459.440; and 183.

ZRULE.2A (7/19/85) -1-

### Purpose, scope and applicability. 340-102-010 (1) The purpose, or this Division is to establish standards for generators of hazardous**w~s.t.·e** 

### •. ·· (2) Persons must also consult 4b CFR Parts' 260-266, 270 and 124, which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. (3) In addition to the provisions of 40 CFR 262.10, a person identified in section (4) of'this rule who pr-oducee 

### a' pesticide r-eardue, excluding unused commercial:pesticide, that is'hazardous 'solely by application of section (5) of rule 340-101-033, is exempt from compliance with Divisions 100 to 106 provided such person complies wIth the requirements of Division 109.

. (4) Exemptions under section (3) of this' rule:

. Any person who produces an unwanted pesticide residue from agricultural pest control (for example, on crops, livestock,**Chri~tmas** 

### trees, commercial nursery plants or grassland); industrial pest control' (for example, in**warehouses~** 

### grain elevators, tank farms or rail yards); structural pest control (for example, in human dwellings); ornamental and turf pest control (for example, on ornamental trees, shrubs, flowers or turf); forest pest control; recreational pest control (for example, in parks or golf courses); governmental (for example, for clearing a right-of-way, or vector, predator, and aquatic pest control); seed treatment; and pesticide demonstration and research. (5) A person who generates a hazardous waste as defined by**~O** 

### CFR 261.3 must comply with the requirements'of' this Division. Failure to comply will subject a person to the compliance requirements and penalties prescribed by ORS 459.650 to .690, .992 and .995, and OAR Chapter 340, Division 12. Hazardous waste determination. 340-102-011 (1) The provisions of this rule replace the requirements of 40 CFR 262.11. (2) A person who generates a residue as defined in rule 340-100-010 must determine if that residue is a hazardous waste using the folloWing method: (a) He should first determine if the waste is excluded from regulation under 40 CFR 261.4 or rule 340-101-004. (b) He must then determine if the waste is listed as a hazardous waste in Subpart D of 40 CFR Part 261, excluding application of rule 340-101- 033. (Comment: Even if the waste is listed, the generator still has an opportunity under rule 340-100-022 to demonstrate to the Commission that the waste from his particular facility or operation is not a hazardous waste. ) (c) If the waste is not listed as a hazardous waste by application of subsection (2)(b) of this rule, he must determine whether the waste is identified in Subpart C of 40 CFR Part 261 by either: (A) Testing the waste according to the methods set forth in Subpart C of 40 CFR 261, or according to an equivalent method approved by the Department under rule 340-100-021; or (Comment: In most instances, the Department will not consider approving a test method until it has been approved by EPA.) 

# c

o

o

ZRULE.2A 

### (7/19/85) -2-

### (B) Applying knowledge of the hazard characteristic of the waste in light of the materials or 'the processes used. (d) If the waste is not identified as hazardous by application of subsection (2)(c) of this rule, he must determine if the waste is listed under rule 340-101-033. Identification number. 340-102-012 In addition to the provisions of 40 CFR 262.12, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and identification numbering system (Dun and Bradstreet) for generators who register in the future. Accumulation time. 340-102-034 In addition to the requirements of 40 CFR 262.34, a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that: (1) If storing in excess of 100 containers, the waste is placed in a storage unit that meets the requirements of 40 CFR 264.175; and (2) If storing in tanks, the tank unit complies with rule 340-104-191. Recordkeeping. 340-102-040 (1) The provisions of section (2) of this rule replace the requirements of 40 CFR 262.40(b). (2) A generator must keep a copy of each Quarterly Report and Exception Report for a period of at least three years from the due date of the report. Quarterly reporting. 340-102-041 (1) The provisions of this rule replace the requirements of 40 CFR 262.41. (2) A generator who ships his hazardous waste off-site must submit to the Department Quarterly Reports of the waste shipped: (a)(A) The Quarterly Report consists of copies of the latest quarter's manifest and shipping papers. Alternatively, generators may copy the information from the manifests and shipping papers onto a form of their choice and submit it within the same time schedule. (Comment: For ease of processing, the Department prefers xerographic or carbon copies of the manifests and shipping papers.) (B) The Quarterly Report must be accompanied by the following certification signed and dated by the generator or his authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for SUbmitting false information, including the possibility of fine and imprisonment." (b) No later than 45 days after the end of each calendar quarter. 5



### ZRULE.2A (7/19/85) 

### -3-(3) 

### Any generator who .treats,

.. st.ores, or disposes of hazardous waste on-site must submit a report covering those wastes in accordance with the provisions of Divisions 104**an~:1** 

### 05.

. International shipments. 340-102-050 (1) Any person who is required to comply with 40 CFR 262.50 shall also comply with sections (2) and (3) of this rule. (2) When shipping hazardous waste outside the United States, the generator must notify the Department in writing four weeks before the initial shipment of hazardous waste to each country in each calendar year; (a) The waste must be identified by its EPA hazardous waste identification number and its DOT shipping description; (b) the name and address of the foreign consignee must be included in this notice; (c) These notices must be sent to: Hazardous Waste Section. Department of Environmental Quality PO Box 1760 Portland, OR 97207 (3)(a) The requirements of subsection (3)(b) of this rule replace the provisions of 40 CFR 262.50(d)(2). (b) In addition to the generator's signature on the certification statement, the U.S. importer or his agent must also sign and date the certification and obtain the signature of the initial transporter. Farmers. 340-102-051 In addition to the provisions of 40 CFR 262.51, 

## a**~armer** 

### disposing of waste pesticides from his own use which are hazardous wastes shall comply with the requirements of Division 109. Instructions for the Uniform Hazardous Waste Manifest. 340-102-060 (1) In addition to the instructions in the Appendix to 40 CFRPart 262, relating to completion of the Uniform Hazardous Waste Manifest, generators shall also comply with sections (2) (3), (4) and (5) of this rule. (2) Enter a telephone number where an authorized agent of the first transporter may be reached in the event of an emergency, in: (a) Item D of EPA Form 8700-22; and (b) Item 0 of EPA Form 8700-22A, if applicable•. (3) Enter a telephone number where an authorized agent of the second transporter may be reached in the event of, an emergency, in: (a) Item F of EPA Form 8700-22; and (b) Item Q of EPA Form 8700-22A, if applicable. (4) Enter. a telephone number where an authorized agent of the facility may be reached in the event of an emergency in Item H of EPA Form 8700-22. (5) Enter the EPA Hazardous Waste Number in: (a) Item I of EPA Form 8700-22; and (b) Item.R of EPA Form 8700-22A, if applicable•. (6) The authorized disposal request number may be entered in: (a) Item 15 of EPA Form 8700-22; and (b) Item 32 of EPA Form 8700-22A, if applicable. 

# c



# c

o

ZRULE.2A 

### (7/19/85) 

### -4-

### Hazardous waste generator fees. 340-102-065 (1) Beginning July 1, 1984, each person generating hazardous waste shall be subject to an annual fee based on the volume of hazardous waste generated during the previous calendar year. The fee period shall be the state's fiscal year (July 1 through June 30) and shall be paid annually by July 1, except that for fiscal year 1985 the fee shall be paid by January 1, 1985. (2) For the purpose of determining appropriate fees, each hazardous waste generator shall be assigned to a category in Table 1 of this Division based upon the amount of hazardous waste generated in the calendar year identified in section (1) of this rule except as otherwise provided in section (5) of this section. (3) For the purpose of determining appropriate fees, hazardous waste that is used, reused, recycled or reclaimed shall be included in the quantity determinations required by section (1) of this section. (4) In order to determine annual hazardous waste generation rates, the Department intends to use generator quarterly reports required by rule 340- 102-041; treatment, storage and disposal reports required by rule 340-104- 075; and information derived from manifests required by 40 CFR 262.20. For wastes reported in the units of measure other than cubic feet, the Department will use the following conversion factors: 1.0 cubic feet 

## = 7.48 gallons 

## =62.4 pounds 

## =0.03 tons (English) 

## =0.14 drums (55 gallon). (5) Owners and operators of hazardous waste treatment, storage and disposal facilities shall not be subject to the fees required by section (1) of this rule for any wastes generated as a result of storing, treating or disposing of wastes upon which an annual hazardous waste generation fee has already been paid. Any other wastes generated by owners and operators of treatment, storage and disposal facilities are subject to the fee required by section (1) of this rule. (6) All fees shall be made payable to the Department of Environmental Quality. Table 1 Hazardous Waste Generation Rate (cu.ft./year) <35 35-99 100-499 500-999 1,000-4,999 5,000-9,999 >10,000

ZRULE.2A 

### (7/19/85) Fee (dollars) No fee $ 

### 100 350 625 1500 3500 5000



### -5-

### 340-103-010 340-103-011 340-103-030 340-103-031 DIVISION 103 HAZARDOUS WASTE MANAG9mNT Standards Applicable to Transporters

of Hazardous Waste by Air or Water Purpose and applicability. Identification number. Immediate action. Discharge cleanup.

Authority: ORS Chapter 468, inclUding 468.020; 459, including 459.440; and 183.

ZRULE.3A (7/19/85) -1-

### Purpose and applicability. ' 340-103-010 (1) The purpose of this Division is to establish standards which apply to'persohs transporting**h~ar!iou~** 

### waste by air or water if the transportation requires a manifest under,Division 102. (2) Rail and highway transporters must comply with the regulations of the Public Utility Commissioner. (3) Persons must also consult 40 CFR Parts 260-26.6, 270 and 124, which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. Identification Number. 340-103-011 In addition to the requirements of 40 CFR 263.11, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and EPA's identification numbering system (Dun and Bradstreet) for transporters who register in the future. Immediate action. 340-103-030 In addition to the requirements of 40 CFR 263.30, a transporter who has discharged hazardous waste must report the discharge to the Oregon Emergency Management Division (800-452-0311). Discharge clean up. 340-103-031 Atransporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. See Division 108 for further requirements. 

# c



# c

o

ZRULE.3A 

### (7/19/85) -2-

### DIVISION 104 HAZARDOUS WASTE MANAGEMENT Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

340-104-001 340-104-003 340-104-004 340-104-011 340-104-012 340-104-029 340-104-056 340-104-074 340-104-075 340-104-143 340-104-145 340-104-147 340-104-149 340-104-150 340-104-151 340-104-191 340-104-220 340-104-228 340-104-258 340-104-276 340-104-314 340-104-339 340-104-340 340-104-343 Purpose, scope and applicability. Relationship to interim status. Imminent hazard action. Identification number. Required notices. Unsaturated zone monitoring program. Emergency procedures. AVailability of records. Periodic report. Financial assurance for facility closure. Financial assurance for post-closure care. Liability requirements. Use of State-required mechanisms. State assumption of responsibility. Wording of the instruments. Design of tanks. .Applicability to surface impoundments. Closure and post-closure care of surface impoundments. Closure and post-closure care of waste piles. Food-chain crops. Prohibition on land disposal of ignitable wastes. Procedure for prohibiting the land disposal of any hazardous waste. Applicability to incinerators. Performance standards for incinerators.

Authority: ORS Chapters 468, including 468.020; 459, including 459.440; and 183.

ZRULE.4A 

### (7/19/85) -1-

### Purpose, scope and**applicability~** 

### 340-104-001 (1) 

### The purpose of this Division is to establish minimum State standards which define the acceptable management of hazardous waste. (2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. (3}(a) The provisions of subsection (3}(b) of this rule replace the requirements of 40 CFR 264.1(d}. (b) The requirements of this Division apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved' or promulgated under the Safe Drinking Water Act only to the following' extent: 40 CFR 264.11 (identification number), 264.16 (personnel training), 264.71 (manifest system), 264.72 (manifest**discrepancie~),** 

### 264.73(a}, (b}(1) and (b}(2) (operating record), 264.75 (periodic report), and 264.76 (unmanifested waste report}. When abandonment is completed, the owner or operator must submit to the Department certification by the owner or operator and by an independent**~egis~ered** 

### professional engineer that the facility has been closed in a manner that will ensure that plugging and abandonment of the well will not allow the movement of fluids either' into an underground source of drinking water or from one underground source of drinking water to another. (4) The provisions of 40 eFR 264.1(f) are deleted. (5) In addition to the requirements of 40 CFR 264.1(g}(8}(iii}, any person covered by 40 CFR 264 1(g}(8}(iii} shall comply with the applicable requirements of Divisions 100 to 108. Relationship to interim status. 340-104-003 (1) The provisions of 40 CFR 264.3 are del'eted. (2) An owner or operator of an existing facility'which has not been issued a RCRA permit shall comply with the requirements of rule 340-105- 010. Imminent hazard action. 340-104-004 (1) The provisions of section (2) of this rule replace the provisions of 40 CFR 264.4. (2) NotWithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to ORS 459.650 to .690. Identification number. 340-104-011 In addition to the provisions of 40 CFR 264.11, as a matter of policy, the Department will accept EPA identification numbers already assigned, use an amended EPA registration form, and use EPA's**ide~tification** 

### numbering system (Dun and Bradstreet) for owners and operators who register in the future. Required notices. 340-104-012 The provisions of 40 CFR 264.12(c} regarding transfers of ownership are hereby deleted. 

# c



# o

o

ZRULE.4A 

### (7/19/85) -2- '

### Unsaturated zone monitoring program. 340-104-029 An owner or operator may be required to establish an unsaturated zone monitoring program consisting of soil-pore liquid monitoring in the zone immediately below a facility to determine whether hazardous constituents have migrated out of the facility. The Department will approve the components of this program based on a consideration of the construction and operation of the facility and the type and amount of waste being managed therein. Emergency procedures. 340-104-056 (1) In 40 CFR 264.56(d) prior to paragraph (1), the phrase "outside the facility" is deleted. (2)(a) The requirements of subsection (2)(b) of this rule replace the provisions of 40 CFR 264.56(d)(2). (b) He must immediately notify either the Department or the Oregon Emergency Management Division (using their 24-hour toll-free number 800-452- 0311). (3) In addition to the requirements of 40 CFR 264.56(j), the owner or operator's report must include: (a) The steps taken to prevent a recurrence of the incident; and (b) Any changes required in the contingency plan. Availability of records. 340-104-074 (1) The provisions of 40 CFR 264.74(a) are replaced with section (2) of this rule. (2) All**records~** 

### inclUding plans, required under this Division must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the Department as authorized by DRS 459.285. Periodic report. 340-104-075 (1) The provisions of this rule replace the requirements of 40 CFR 264.75. (2) The owner or operator must prepare and submit an operating report to the Department on an approved form. Disposal facility reports are due monthly within 45 days after the end of each calendar month, and treatment and storage facility reports are due within 45 days after the end of each calendar quarter. The report must cover facility activities during the previous month or quarter, as appropriate, and must include the following information: (a) The EPA identification number, name, and address of the facility; (b) The period covered by the report; (c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the period; for imported shipments, the report must give the name and address of the foreign generator; (d) A description and the quantity of each hazardous waste the facility received during the period. For off-site facilities, this information must be listed by EPA identification number of each generator; (e) The method of treatment, storage, or disposal for each hazardous waste;

ZRULE.4A 

### (7/19/85) 

### -3-

### (f) (Reserved) (g) The most recent closure cost estimate under 40 CFR 264.142, and, for disposal facilities, the most recent post-closure cost estimate under 40 CFR 264.144; and (h) A certification signed by the owner or operator of the facility or his authorized representative as required by 40 CFR 270.11(b). (Comment: The state program is more stringent than the federal program in that it requires monthly or quarterly operating reports whereas the federal program requires a biennial report.) Financial assurance for facility closure. 340-104-143 (1) This rule amends the requirements of 40 CFR 264.143. (2) An owner or operator of a disposal facility must choose the option specified in 40 CFR 264.143(a). (3)(a) If an owner or operator uses the trust fund option specified in 40 CFR 264.143(a) to establish financial assurance for closure of the facility, he must also comply with subsection (3)(b) of this rule. (b) During the period the current closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 CFR 264.143(b) to 264.143(f). (4) The phrase "••• term of the initial RCRA permit ••• " in the first sentence of 40 CFR 264.143(a)(3) is deleted and replaced with the phrase ". • • initial 10 years the facility is permitted under Divisions 105 and 106 •••n (5) .The phrase n••• in one or more Statesn in the last sentence of 40 CFR 264.143(e)(1) is deleted and replaced with the phrase "••• in Oregon." (6) The phrase "Except as may be required by 40 CFR 264.143(f)(10),n is added to the beginning of the first sentence of 40 CFR 264.143(f)(1). (7) The phrase "An owner or operator that has a parent corporation may only meet ••• " replaces the phrase "An owner or operator may meet ••• " in the first sentence of 40 CFR 264.143(f)(10). Financial assurance for post-closure care. 340-104-145 (1) This rule amends the requirements of 40 CFR 264.145. (2)(a) The owner or operator of a disposal facility must choose the option specified in 40 CFR 264.145(a). (b) The owner or operator of a treatment or storage facility subject to post-closure monitoring or maintenance requirements must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and must choose one of the options specified in 40 CFR 264.145(a) through (h). (3)(a) If an owner or operator uses the trust fund option specified in 40 CFR 264.145(a) to establish financial assurance for post-closure care of a facility, he must also comply with subsection (3){b) of this rule.

. (b) During the period the current post-closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 CFR 264.145(b) to 264.145(f). (4) The phrase "Except as may be required by 40 CFR 264.145(f)(11)," is added to the beginning of the first sentence of 40 CFR 264.145(f)(1). 

# co

o

ZRULE.4A 

### (7/19/85) 

### -4-

### (5) The phrase "An owner or operator that has a parent corporation may only meet ••• " replaces the phrase "An owner or operator may meet ••• " in the first sentence of 40 CFR 264.145(f)(11). Liability requirements. 340-104-147 (1) This rule amends the requirements of 40 CFR 264.147. (2) The phrase "••• in one or more States" at the end of 40 CFR 264.147(a)(1)(ii) is deleted and replaced with the phrase "••• in Oregon." (3) The phrase "••• in one or more States" at the end of 40 CFR 264.147(b)(1)(ii) is deleted and replaced with the phrase "••• in Oregon." (4) The provisions of 40 CFR 264.147(b)(4) are deleted. Use of State-required mechanisms. 340-104-149 The provisions of 40 CFR 264.149 are deleted. State assumption of responsibility. 340-104-150 The provisions of 40 CFR 264.150 are deleted. Wording of the instruments. 340-104-151 (1) This rule amends 40 CFR 264.151. (2) When used in 40 CFR 264.151, the references specified in section (2) of this rule shall be changed as indicated in this section. (a) "The United States Environmental Protection Agency," "The U.S. Environmental Protection Agency," or "EPA" shall be "the Oregon Department of Environmental Quality" (hereinafter called "Department"). (b) "The United States Government" shall be "the State of Oregon." (c) "The EPA Regional Administrator" shall be "the Department." (d) "The appropriate EPA Regional Administrator" shall be "the Department." (e) "The Resource Conservation and Recovery Act as amended (RCRA)" or "the Resource Conservation and Recovery Act of 1976 (as amended)" shall be "Oregon law." (f) "Where EPA is not administering the financial requirements of Subpart Hof 40 CFR Parts 264 and 265" shall be "other than Oregon." Design of tanks. 340-104-191 (1) Owners and operators of facilities subject to the requirements of 40 CFR 264.191 shall also comply with the requirements of section (2) of this rule. (2) For tanks installed after January 1, 1985, tanks and related appurtenances, including but not limited to pipes, valves, backflow prevention deVices, gauges, or pumps within 5 feet of the tank, must have secondary containment that: (a) Is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed; (b) Has sufficient capacity to hold the entire volume of the largest tank; and

ZRULE.4A 

### (7/19/85) 

### -5-

### (c) Prevents run-on into the containment system unless there is sufficient excess capacity in addition to that required by subsection (2)(b) of this rule to contain it. (Comment: It is intended that the appurtenance containment return any leakage to the main tank containment.) Applicability to surface impoundments. 340-104-220 (1) The provisions of 40 CFR 264.220 are deleted and replaced with the requirements of section (2) of this rule. (2) The regulations in Subpart Kof 40 CFR Part 264 apply to owners and operators of facilities that use surface impoundments to treat or store hazardous waste, except as 40 CFR 264.1 provides otherwise. Closure and post-closure care of surface impoundments. 340-104-228 (1) The provisions of 40 CFR 264.228(a)(1), (c) and (d) are deleted and replaced with the requirements of sections (2), (3) and (4) of this rule. (2) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 40 CFR 261.3(d) applies. (Comment: The state program is more stringent than the federal program in that it requires the removal of all wastes, etc., at closure whereas the federal program gives the option of closing with wastes left in place. ) (3) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in section (2) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility in accordance with the closure requirements of 40 CFR 264.228(a)(2) and perform post-closure care in accordance with the closure and post-closure care requirements of 40 CFR 264.228(b). (4)(a) The owner or operator of a surface impoundment that does not comply with the liner requirements of 40 CFR 264.221(a) and is not exempt from them in accordance with 40 CFR 264.221(b) must: (A) Include in the closure plan for the surface impoundment under 40 CFR 264.112 both a plan for complying with section (2) of this rule and a contingency plan for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure; and (B) Prepare a contingent post-closure plan under 40 CFR 264.118 for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure. (b) The cost estimates calculated under 40 CFR 264.142 and .144 for closure and post-closure care of a surface impoundment subject to this section must include the cost of complying with the contingent closure plan and the contingent post-closure plan. 

# c



# o

o

ZRULE.4A 

### (7/19/85) -6-

### Closure and post-closure care for waste piles. 340-104-258 The phrase "••• but are not required to include the cost of expected closure under paragraph (a) of this section" at the end of 40 CFR 264.258(c)(2) is deleted. Food-chain crops. 340-104-276 (1) In 40 CFR 264.276, the term "animal feed crops" is substituted for the term "food chain crops." (2) The provisions of 40 CFR 264.276(b)(1) are deleted. (Comment: The state program is more stringent than the federal program in that it does not permit crops intended for human consumption to be grown on a land treatment facility.) Prohibition on land disposal of ignitable wastes. 340-104-314 (1) Except as may be permitted by sections (2) and (3) of this rule or by 40 CFR 264.314(b)(1) to .314(b)(4) an owner or operator shall not place in a land disposal unit any liquid waste or the free-liquid portion of any liquid/solid waste mixture if such mixture contains in excess of 20% free liquid, if the waste was initially .gener-ated 

### as a liquid or as a liquid/solid mixture and is identified as a hazardous waste only because it is listed on the basis of or meets the characteristic of**ignit~bility** 

### (I). (Comment: These wastes include but are not limited to those having EPA Hazardous Waste Numbers D001, F003, U001, U002, U008, U031, U055, U056, U057 , U092 , U110, U112, U113, U117, U124, U125, U154, U161, U171, U186, U213 and U239.) (2) The generator and owner or operator may apply for an exemption from section (1) of this rule for a specific waste if he can demonstrate that: (a) The disposal will not pose a threat to public health or the environment due to the properties or quantity of the waste, characteristics of the landfill, the proposed disposal procedure and other relevant circumstances; (b) The waste generator has taken all practicable steps to eliminate or minimize the generation of the waste and to recover, concentrate or render the waste non-hazardous; and (c) There is no reasonably available means of beneficial use, reuse, recycle, reclamation or treatment. (3) Upon receipt of a request for an exemption, the Department shall make a tentative determination to approve or deny the request within thirty (30) days of receipt. The generator and owner or operator shall have thirty (30) days from the date of tentative denial to appeal the denial to the Department. The Department shall make a final determination within ninety (90) days of the original request if a timely appeal has been filed. (Comment: The intention of this rule is to disallow the landfilling of solids formed by soil stabilization of liquids. This rule does not pertain to liquids which become mixed with soil or other debris as the result of a spill or to lab packs as defined in 40 CFR 264.316.)

ZRULE.4A (7/19/85) -7-

### Procedure for prohibiting the land disposal of any hazardous waste. 340-104-339 (1) The Department may prohibit the land disposal of any hazardous waste if in the Department's judgment there are more environmentally sound beneficial use, reuse, recycle, reclamation, treatment or disposal options. In making such a judgment, the Department shall consider but not be limited to storage, transportation and other appropriate risks. (2) For wastes identified under section (1) of this rule, the Department shall notify any affected generators and land disposal owners or operators, in writing, that land disposal of a specified waste is prohibited. Such notice shall indicate the specific waste affected by name and EPA Hazardous Waste Number, and shall also indicate the alternative means of beneficial use, reuse, recycle, reclamation, treatment or disposal deemed to be more environmentally sound. The Department shall provide that the prohibition is effective for the waste listed in the notice 90 days after receipt of notice. The generator or disposal facility shall have 30 days from receipt of the notice to appeal the prohibition to the Department. The Department shall make a final determination within 60 days of the original notice if a timely appeal has been filed. Applicability to incinerators. 340-104-340 The provisions of 40 CFR 264.340(d) are deleted. (Comment: The Department may require the owner or operator to obtain an Air Contaminant Discharge Permit and such permit may establish standards more stringent than required under Subpart 0 of 40 CFR Part 264.) Performance standards. 340-104-343 The provisions of 40 CFR 264.343(d) are deleted. 

# c



# c

c

ZRULE.4A 

### (7/19/85) 

### -8-

### DIVISION 105 HAZARDOUS WASTE MANAGEMENT Management Facility Permits

340-105-001 340-105-003 340-105-005 340-105-010 340-105-012 340-105-013 340-105-014 340-105-020 340-105-021 340-105-030 340-105-040 340-105-041 340-105-042 340-105-051 340-105-061 340-105-100 340-105-110 340-105-115 Purpose, scope and applicability. Considerations under Federal law. State program reporting. General application requirements and requirements applicable to existing management facilities. Confidentiality of information. Contents of Part A of the permit application. Contents of Part B. Specific Part B information requirements for land treatment facilities. Specific Part B information requirements for landfills. Conditions applicable to all permits. Permit transfers. Major modification or revocation and reissuance of permits. Minor modifications of permits. Continuation of expiring permits. Emergency permits. Letter of authorization for small-quantity management facilities. Permit fees. Interim status.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440; and 183.

ZRULE.5A 

### (7/19/85) -1-

### Purpose, scope and applicability. 340-105-001 (1) The purpose of this Division is to establish basic permitting requirements, such as application requirements, standard permit conditions, monitoring and reporting requirements, and management requirements for existing facilities which have not been issued a RCRA permit. (2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. (3) The provisions of section (3) of this rule replace the contents of 40 CFR 270.1(a), 270.1(b) and 270.1(c) prior .to paragraph (c)(1). (4)(a) Technical regulations. The hazardous waste permit program has separate additional regulations that contain technical reqUirements. These separate regulations are used by the Department to determine what requirements must be placed in permits if they are issued. These separate regulations are located in 40 CFR Part 264 and Division 104 of this Chapter. (Comment: Although the permit applicant or permittee will interface primarily with the Department as is indicated by these rules, hazardous waste disposal facility permits are technically issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department.) (b) Applicability. The state hazardous waste program requires a permit for the "treatment," "storage" or "disposal" of any "hazardous waste" as identified or listed in 

### Division 101 of this Chapter. The terms "storage," "disposal" and "hazardous waste" are defined in rule 340-100- 010. The term "treatment" is defined in 

### 40 CFR 260.10. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit, and, for any unit which closes after the effective date of these rules, during any postclosure care period required under 40 CFR 264.117 and during any compliance period specified under 40 CFR 264.96, inclUding any extension of the compliance period under 40 CFR 264.96(c). Considerations under Federal law. 340-105-003 The provisions of 40 CFR 270.3 are deleted. State program reporting. 340-105-005 The provisions of 40 CFR 270.5 are deleted. General application requirements and requirements applicable to existing management facilities. 340-105-010 (1) The requirements of sections (2), (3), (4) and (5) of this rule replace the provisions of 40 CFR 270.10(e) to 270.10(i) regarding application requirements. (2) Existing management facilities. (a) Owners and operators of existing hazardous waste management facilities that do not have a permit must submit a Part A permit application to the Department within thirty days after the effective date of statutory or regulatory changes under Oregon law that render the facility subject to the requirement to have a permit. 

# c



# o

o

ZRULE.5A 

### (7/19/85) -2-

### (b) The Department may at any time require the owner or operator of an existing management facility to submit Part B of their permit application. The owner or operator shall be allowed at least six months from the date of request to submit Part B 

### of the application. Any owner or operator of an existing management facility may voluntarily submit Part B 

### of the application at any time. (c) An owner or operator that has not submitted an acceptable Part A permit application, or an acceptable Part B 

### permit application when required to do so, or does not operate in compliance with the regulations of 

### 40 CFR Part 

### 265, as required by this rule, shall be subject to Department enforcement action including termination of the facility's operation. (d) If an owner or operator of an existing management facility has filed a Part A permit application but has not yet filed a Part B 

### permit application, the owner or operator shall file an amended Part A application: (A) No later than 15 

### days after the effective date of the adoption of rules listing or designating wastes as hazardous if the facility is treating, storing or disposing of any of those newly listed or designated wastes; or (B) 

### Prior to any of the following actions at the facility: (i) Treatment, storage or disposal of a new hazardous waste not previously identified in Part A of the permit application; (ii) Increases in the design capacity of processes used at a facility. The owner or operator must submit a justification explaining the need for the increase based on the lack of available treatment, storage or disposal capacity at other hazardous waste management facilities, and receive Department approval before making such increase. (iii) Changes in the processes for the treatment, storage or disposal of hazardous waste. The owner or operator must submit a justification explaining that the change is needed because: (I) It is necessary to prevent a threat to human health or the environment because of an emergency situation, or (II) It is necessary to comply with the requirements of Divisions 

### 100 to 

### 108. The owner or operator must receive Department approval before making such change. (iv) Changes in the ownership or operational control of a facility. The new owner or operator must submit a revised Part A permit application no later than 

### 90 days prior to the scheduled change. When a transfer of ownership or operational control of a facility occurs, the Qld owner or operator shall comply with the requirements of Subpart 

### H of 

### 40 CFR Part 

### 265 (financial requirements), until the Department has released him in writing. The Department shall not release the old owner or operator until the new owner or operator has demonstrated to the Department that he is complying with that Subpart. All other duties required by these rules are transferred effective immediately upon the date of the change of ownership or operational control of the facility. (e) In no event shall changes which amount to reconstruction of the facility be made to an existing hazardous waste management -facility which has not been issued an effective RCRA permit. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable, entirely new hazardous waste management facility.

ZRULE.5A 

### (7/19/85) 

### -3-

### (3) New management facilities. (a) No person shall begin physical construction of a new management facility without having submitted Part A and Part B of the permit application and having received a finally effective hazardous waste permit. (b) An application for a permit for a new management facility (including both Part A and Part B) may be filed with the Department any time arter promulgation of those standards in Division 104 applicable to such facility. All applications must be submitted at least 180 days before physical construction is expected to commence. (4) Reapplication. Any management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Department. (The Department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) (5) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under 40 CFR 270.10(d), 270.13, 270.14 through 270.21 for a period of at least 3 years from the date the application is signed. (6) The requirements of section (6) are applicable to existing management facilities. (a) An owner or operator of an existing management facility that has not been issued a management facility permit shall comply with the regulations of 40 CFR Part 265 until final administrative disposition of a permit is made. (b) After September 1, 1985, and until final administrative disposition of a permit under these rules is made, an owner or operator of a management facility that has received a State-issued non-RCRA permit shall comply with the regulations of 40 CFR Part 265 in those instances where a regulation exists and with the conditions of the permit in those instances where a regulation does not exist. (7) After final administrative disposition of a permit is made, a management facility shall not treat, store or dispose of hazardous waste without a permit issued in accordance with Divisions 100 to 106. Confidentiality of information. 340-105-012 (1) The provisions of this rule replace the provisions of 40 CFR 270.12. (2) In accordance with DRS 192.500 and 459.460, any information submitted to the Department pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission by stamping the words "confidential business information," or the equivalent, on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in DRS 192.500 and 459.460. (Comment: Any information stamped confidential must be accompanied by an explanation as to why it should be so considered under the criteria of DRS 192.500 and 459.460. The Department believes that very little, if any, information in an application will meet the criteria.) (3) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied. 

# c



# o

o

ZRULE.5A 

### (7/19/85) 

### -4-

### (4) Any information submitted to the Department shall be available to the Environmental Protection Agency upon request. If the information has been submitted under a claim of confidentiality, the Department shall make that claim of confidentiality to the Environmental Protection Agency for the requested information. The federal agency shall treat the information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. Contents of Part Aof the permit application. 340-105-013 In addition to the requirements of 40 CFR 270.13, Part A of the permit application shall include a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission's Statewide Planning Goals. Contents of Part B. 340-105-014 In addition to the information required by 40 CFR 270.14, Part B of the permit application shall include other information pertinent to the facility as may be requested by the Department. Specific Part B information requirements for land treatment facilities. 340-105-020 The requirements of 40 CFR 270.20(d) and (e) are applicable to animal feed crops. (Comment: The Department does not allow food-chain crops to be grown in or on the treatment zone of a hazardous waste land treatment unit.) Specific Part B information requirements for landfills. 340-105-021 In addition to the information required by 40 CFR 270.21, the following additional information shall be submitted in a Part B application: (1) A detailed report with supporting information justifying the need for the landfill as proposed; and (2) An explanation of how the requirements of rule 340-104-314 will be complied with after January 1, 1985. Conditions applicable to all permits. 340-105-030 (1) The phrase "••• the appropriate Act ••• " in the second sentence of 40 CFR 270.30(a) is deleted and replaced with the phrase

"••• ORS Chapter 459 and OAR Chapter 340 ••• n 

### (2) The provisions of 40 CFR 270.30(1)(2)(ii)(B) are deleted. (3)(a) The provisions of 40 CFR 270.30(1)(3) are deleted and replaced with subsection (3)(b) of this rule. (b) Transfers. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with the requirements of 340-105-010(2)(d)(B)(iv). (4)(a) The provisions of 40 CFR 270.30(1)(6)(i) preceding 270.30(1)(6)(i)(A) are deleted and replaced' with subsection (4)(b) of this rule. (b) Immediate reporting. The permittee shall immediately report any noncompliance which may endanger health or the environment as soon as he becomes aware of the circumstances, including:

ZRULE.5A 

### (7/19/85) 

### -5-

### (5)(a) The provision of-40 CFR 270.30(1)(9) is deleted and replaced with subsection (5)(b) of this rule. (b) Periodic report. A periodic report must be submitted covering facility activities on an appropriate schedule (see rule 340-104-075). Permit transfers. 340-105-040 (1) The provisions of 40 CFR 270.40 are deleted. (2) A permit is personal to the permittee and is non-transferrable. (3) A new owner or operator of a facility shall comply with the requirements of 340-105-010(2)(d)(B)(iv). Major modifications or revocation and reissuance of permits. 340-105-041 (1) The sentence "If cause does not exist under this section or 40 CFR 270.41, the Director shall not modify or revoke and reissue the permit" in the first paragraph of 40 CFR 270.41 is deleted. (2)(a) The provision of 40 CFR 270.41(a) preceding paragraph (a)(1) is deleted and replaced with subsection (2)(b) of this rule. (b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit: (3)(a) The provisions of 40 CFR 270.41(a)(3) are deleted and replaced with subsection (3)(b) of this rule. (b) New regulations. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. (4) The provision of 40 CFR 270.41(b)(2) is deleted. Minor modifications of permits. 340-105-042 The provisions of 40 CFR 270.42(d) are deleted. Continuation of expiring permits. 340-105-051 (1) The provisions of 40 CFR 270.51 are deleted and replaced with sections (2) and (3) of this rule. (2) The conditions of an expired permit continue in force until the effective date of a new permit if: (a) The permittee has submitted a timely application under 40 CFR 270.14 and the applicable sections in 40 CFR 270.15 to 270.29 and such application is a complete (under 40 CFR 270.10(c» application for a new permit; and (b) The Department through no fault of the permittee, does not issue a new permit with an effective date under 40 CFR 124.15 on or before the expiration date of the previous permit (for example, when issuance is impractical due to time or resource constraints). (3) Effect. Permits continued under this rule remain fully effective and enforceable. Emergency permits. 340-105-061 (1) The provisions of 40 CFR 270.61(b)(4) are deleted and replaced with section (2) of this rule. 

# c



# o

ZRULE.5A 

### (7/19/85) -6-i

# e (2) May be suspended or renewal refused by the Department at any time without prior hearing if it finds a serious danger to the public health, safety or the environment and sets forth specific reasons for such findings; Letter of authorization for small-quantity management facilities. 340-105-100 (1) Except as indicated in section (3) of this rule, owners or operators of off-site facilities that treat or store more than 200 pounds of hazardous waste per calendar month must obtain a letter of authorization from the Department if such waste is obtained only from small-quantity generators. (2) The letter of authorization: (a) Shall be written; (b) Shall not exceed 5 years in duration; (c) Shall clearly specify the hazardous wastes to be received, the treatment process, and the disposal of all hazardous products generated by that process; (d) May require the operator to obtain Department approval prior to receipt of each specific waste; (e) May require the operator to demonstrate that, due to the type and quantity of waste, its operation and other relevant factors, the facility is not likely to endanger public health or the environment; (f) May be suspended or revoked at any time if it is determined that such action is appropriate to protect public health or the environment; and (g) May include any applicable requirements of Division 104. (3) The Department may require the owner or operator to obtain a hazardous waste permit if it determines that operation of the facility may endanger public health or the environment. Permit fees. 340-105-110 (1) Beginning JUly 1, 1984, each person required to have a hazardous waste storage, treatment or disposal permit (management facility permit) shall be subject to a three-part fee consisting of a filing fee, an application processing fee and an annual compliance determination fee as listed in Table 1 of this Division. The amount equal to the filing fee, application processing fee and the first year's annual compliance determination fee shall be submitted as a required part of any application for a new permit. The amount equal to the filing fee and application processing fee shall be submitted as a required part of any application for renewal or modification of an existing permit. (2) As used in this rule, the following definitions shall apply: (a) The term management facility includes, but is not limited to: (A) Hazardous waste storage facility; (B) Hazardous waste treatment facility; and (C) Hazardous waste disposal facility. (b) The term hazardous wastes includes any residue. or hazardous wastes as defined in Division 101 or 40 CFR Part 261 handled under the authority of a management facility permit. (c) The term license and permit shall mean the same thing and will be referred to in this rule as permit. (3) The annual compliance determination fee shall be paid for each year a management facility is in operation and, in the case of a disposal facility, for each year that post-closure care is required. The fee period

ZRULE.5A 

### (7/19/85) -7-

### shall be the state's fiscal year (July 1 through June 30) and shall be paid annually by July 1. Any annual compliance determination fee submitted as part of an application for a new permit shall apply to the fiscal year the permitted management facility is put into operation. For the first year's operation, the full fee shall apply if the management facility is placed into operation on or before April 1. Any new management facility placed into operation after April 1 shall not owe a compliance determination fee until July 1 of the following year. The Director may alter the due date for the annual compliance determination fee upon receipt of a justifiable request from a permittee. (4) For the purpose of determining appropriate fees, each management facility shall be assigned to a category in Table 1 of this Division based upon the amount of hazardous waste received and upon the complexity of each management facility. Each management facility which falls into more than one category shall pay whichever fee is higher. The Department shall assign a storage and treatment facility to a category on the basis of design capacity of the facility. The Department shall assign a new disposal facility to a category on the basis of estimated annual cubic feet of hazardous waste to be received and an existing disposal facility on the basis of average annual**cU~ic** 

### feet of hazardous waste received during the previous three calendar years. (5) Where more than one management facility exists on a single site, in addition to the compliance determination fee required by rules 340-105- 110(3) and (4), a flat fee of $250 shall be assessed for each additional management facility.

. (6) Modifications of existing, unexpired permits which are instituted by the Department due to changing conditions or standards, receipt of additional information or any other reason pursuant to applicable statutes and do not require re-filing or review of an application or plans and specifications shall not require submission of the filing fee or the application processing fee. (7) Upon the Department accepting an application for filing, the filing fee shall be nonrefundable. (8) The application processing fee, except for disposal permits, may be refunded in whole or in part when submitted with an application if either of the following conditions exist: (a) The Department determines that no permit will be required. (b) The applicant withdraws the application before the Department has approved or denied the application. (9) The annual compliance determination fee may be refunded in whole or in part when submitted with a new permit application if either of the following conditions exist: (a) The Department denies the application. (b) The permittee does not proceed to construct and operate the permitted facility. (10) All fees shall be made payable to the Department of Environmental Quality. Table 1: Fee Schedule (1) Filing Fee. A filing fee of $50 shall accompany each application for issuance, renewal or modification of a hazardous waste management facility permit. This fee is nonrefundable and is in addition to any application processing fee or annual compliance determination fee which might be imposed. 

# c



# o

o

ZRULE.5A 

### (7/19/85) -8-

### (2) Application Processing Fee. An application processing fee varying between $25 and $5,000 shall be submitted with each application. The amount of the fee shall depend on the type of facility and the required action as follows: (a) A new facility (including substantial expansion of an existing facility: (A) Storage facility 

# · 

# · · · • 

# · · · · • • 

### $ 150 ( B) 

### Treatment facility

- Recycling • 

# · · • 

# · 150 (C) Treatment facility

- other than incineration • 

# · · · · · • 

### • • • • 

# · · • 

### 250 (D) Treatment facility

- incineration 

# · · • 

### 500 (E) Disposal facility 

# · • 

# · • 

# · • 

# · • • 

### 5,000 (F) Disposal facility

- post closure • 2,500 (b) Permit Renewal: (A) Storage facility 

# · • • 

# · 

# · · • 

# · · 

# · · · 50 ( B) 

### Treatment facility

- recycling • 

### • 

# · · • 

### 50 (C) Treatment facility

- other than incineration • 

# · • 

# · • • 

# ·

# .. • • 

# · • 

### 75 (D) Treatment facility

- incineration 

# · · • 

### 175 (E) Disposal facility 

# · • • • • 

# · · · · · • 

### 5,000 (F) Disposal facility

- post closure • • • • 

### 800 (c) Permit Modification - Changes to Performance/Technical Standards: (A) Storage facility • 

# · · • 

# · · · · · · • 

# · 50 ( B) 

### Treatment facility

- recycling • 

# · • • 

# · 50 (C) Treatment facility

- other than incineration • 

# · • 

# · · · · · · · • 

# · • 

# · 75 (D) Treatment facility

- incineration • • 

# · 175 (E) Disposal facility 

# · · · • • 

# · 1,750 (F) Disposal facility

- post closure • 800 (d) Permit Modification

- All Other Changes not Covered by (2)(c): All categories • • • • • • • • • • • • • • • 25 (e) Permit Modifications

- Department Initiated • no fee (3) Annual Compliance Determination Fee. (In any case where a facility fits into more than one category, the permittee shall pay only the highest fee): (a) Storage facility: (A) 5-55 gallon drums or 250 gallons total or 2,000 pounds • • • • • • • •• 250 (B) 5 to 250 - 55 gallon drums or 250 to 10,000 gallons total or 2,000 to 80,000 pounds • • • • • • • • • • •• 1,000 (C) >250 - 55 gallon drums or >10,000 gallons total or >80,000 pounds • • •• 2,500 (b) Treatment Facility: (A) <25 gallons/hour or 50,000 gallon/day or 6,000 pounds/day • • • • • • • • • • (B) 25-200 gallons/hour or 50,000 to 500,000 gallons/day or 6,000 to 60,000 pounds/day ••••••••••• 250
1,000

ZRULE.5A (7/19/85) 

### -9-

### (c) Disposal Facility: (A) <750,000 cubic feet/year or <37,500 tons/year •••••••••••$ 

### 50,000 (B) 750,000 to 2,500,000 cubic feet/year or 37,500 to 125,000 tons/year ••••• 100,000 (C) >2,500,000 cubic feet/year or >125,000 tons/year ••••••••••• 150,000 (C) >200 gallons/hour or >500,000 gallons/day or >60,000 pounds/day 

# . 

# . . 2,500 

# G

(d) 

### Disposal Facility Post Closure: All categories • • • • • • • • • 

# . . . 

# . . . 5,000 Interim status. 340-105-115 The provisions of 40 CFR 270.70 to 270.73, pertaining to interim status, are not included in 

### the State's hazardous waste managment program. (Comment: State requirements applicable to existing hazardous waste management facilities are identified in rule 340-105-010 and include provisions analogous to those of 40 CFR 270.71 and 270.72.)



# o

o

'"" 

### ZRULE.5A (7/19/85) -10-

### DIVISION 106 HAZARDOUS WASTE MANAGEMENT Permitting Procedures

340-106-001 340-106-002 340-106-003 340-106-004 340-106-005 340-106-006 340-106-012 Purpose and scope. Requirements not applicable. Recommendations by State agencies on waste disposal facility applications. Application review. Modification, revocation and reissuance, or termination of permits. Draft permits. Public hearings on disposal facility draft permits.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440; and 183.

ZRULE.6A 

### (7/19/85) -1-

### Purpose and scope. 340-106-001 (1) The purpose of this Division is to establish the procedures for issuing, modifying, revoking and. reissuing, or terminating all hazardous waste permits other than hazardous waste emergency permits and hazardous waste permits by rule. (Comment: Although the permit applicant or permittee will interface primarily with the Department as is indicated by these rules, hazardous. waste disposal facility permits are issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department.) (2) Persons must also consult 40 CFR Parts 260-266, 270 and 124,.which are incorporated by reference in rule 340-100-002, to determine all applicable hazardous waste management requirements. (Comment:. 40 CFR Part 124 includes requir.ements applicable to several programs, including UIC, NPDES, 404, etc. Onlv the provisions of 40 CFR Part 124 Subpart Awhich are applicable to hazardous waste or "RCRA" permits are incorporated bv reference in rule 340-100-002. as modified bv Division 106.) Requirements not applicable. 340-106-002 The provisions of 40 CFR 124.1, 124.4, 124.9, 124.11(e), 124.13, 124.14(c), 124.15(b), 124.16, 124.17(b), 124.18,124.19,124.20 and 124.21 are deleted and not part of Division 106. Recommendations by State. agencies on waste disposal facility applications. 340-106-003 (1) In addition to the requirements of 40 CFR 124.3 applicable to RCRA permits, the provisions of section (2) of this rule shall be followed.

. (2) The Commission shall cause copies of disposal site applications to be sent to affected state agencies, inclUding the Health Division, the Public Utility Commissioner, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond by making a recommendation as to whether the permit should be granted. If the Health Division recommends against granting the permit, the permit must be denied. Recommendation from other agencies shall be considered as evidence in determining whether to issue the permit. Application review. 340-106-004 The requirements of 40 CFR 124.3 are amended as specified by sections (1), (2) and (3) of this rule. (1) Each application from either an existing or new hazardous waste management facility for a permit will be reviewed for completeness by the Department within 60 days of its receipt. (2) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken. (3)(a) Upon request from a permit applicant, and following receipt of a complete Part B permit application, the Department shall prepare and mail to the applicant a project decision schedule. (b)The schedule will specify target dates by which the Department intends to: 

# c



# o

o

ZRULE.6A 

### (7/19/85) -2-

### (A) Prepare a draft permit; (B) Issue public notice; (C) Complete the public comment period; and (D) Issue a final permit. Modification, revocation and reissuance, or termination of permits. 340-106-005 (1) The provisions of 40 CFR 124.5(b) are deleted and replaced with subsections (1)(a), (b) and (c) of this rule. (a) If the permitting body decides the request is not justified, it shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearings. (b) Denials by the Department may be appealed to the Commission by a letter briefly setting forth the relevant facts. The Commission may direct the Department to begin modification, revocation and reissuance, or termination proceedings under 40 CFR 124.5(c). The appeal shall be considered denied if the Commission takes no action on the letter within 60 days after receiving it. This appeal is a prerequisite to seeking judicial review of Department action in denying a request for modification, revocation and reissuance, or termination. (c) Denials by the Commission are subject to jUdicial review under ORS 183.480. (2) The provisions of 40 CFR 124.5(e), (f) and (g) are deleted. Draft permits. 340-106-006 The requirements of 40 CFR 124.6(e) are modified by deleting the sentence "For RCRA, UIC or PSD permits, ••• under 124.74." Public hearings on disposal facility draft permits. 340-106-012 In addition to the provisions of 40 CFR 124.12, the requirements of sections (1) and (2) of this rule are applicable to hazardous waste disposal facilities. (1) The Commission shall conduct a public hearing in the county or counties where a proposed hazardous waste disposal site is located and may conduct hearings at such other places as the Department considers suitable." At the hearing, the applicant may present the application and the public may appear or be represented in support of or in opposition to the appf

### f.cation. (2)(a) Prior to holding hearings on a hazardous waste disposal site license application, the Commission shall cause notice to be given in the county or counties where the proP9sed site is located in a manner reasonably calculated to notify interested and affected persons of the license application. (b) The notice shall contain information regarding the approximate location of the site and the type and amount of materials intended for disposal at such site, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed site shall have opportunity to testify at the hearing.

ZRULE.6A 

### (7/19/85) 

### -3-i 

# e DIVISION 108 HAZARDOUS WASTE MANAGEMENT Spills and Other Incidents

Subdivision A: General 340-108-001 Purpose and applicability. 340-108-002 Definitions. Subdivision B: Liability 340-108-010 Liability. Subdivision C: Required Action 340-108-020 340-108-021 Emergency action, reporting. Cleanup report.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440; and 183.

ZRULE.8A 

### (7/19/85) -1-

### Subdivision A: General Purpose and applicability. 

### 340-108-001 (1) The purpose of this Division is to specify the emergency procedures required to respond to a spill or other incident involving a hazardous waste or hazardous substance. (2) The regulations of this Division apply to all persons whose actions cause or allow to be caused a hazardous waste or hazardous substance spill or other incident; except that (3) Spills and other incidents occurring on the site of a generator who accumulates hazardous waste or in a hazardous waste treatment, storage or disposal facility shall be managed in accordance with the contingency plan and emergency procedures requirements of Subpart D of 

### 40 CFR 

### 265. (4) Oil spilled in an area that may allow it to reach any waters of the state shall also be managed in accordance with ORS Chapter 

### 468 and OAR Chapter 

### 340, Division 

### 47. Definitions. 

### 340-108-002 As used in this Division unless otherwise specified: "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste or hazardous substance into or on any land or water so that the hazardous waste or hazardous substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the State. "Hazardous substance" means any substance intended for use which may also be identified as hazardous pursuant to Division 

### 101. "Hazardous waste" means a hazardous waste as defined in rule 

### 340-100-010. "Oil" means oil, including gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product. "Other incident" includes but is not limited to the actual or imminent possibility of a dangerous uncontrolled reaction, the release of leachate, noxious gases or odors, fires, explosion or other disposal which may endanger public health or the environment. "Modified Spill Prevention Control and Countermeasure (SPCC) Plan" means the plan to prevent the spill of oil from a non-transportationrelated facility that has been modified to include those hazardous substances and hazardous wastes handled at the facility. "Spill" means unauthorized disposal. "Waters of the state" means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. 

# o



# o

o

ZRULE.8A 

### (7/19/85) -2-

### Subdivision B: Liability Liability. 340-108-010 (1) Any person having the care, custody or control of a hazardous waste or a hazardous substance, who causes or permits the disposal of that waste or substance in violation of law or otherwise than as reasonably intended for normal use or handling of such waste or substance, including but not limited to spills or other incidents, shall be liable for the damages to person or property, public or private, caused by the disposal. (2) It shall be the obligation of such person to collect, remove or treat the waste or substance immediately, subject to the requirements of Divisions 100 to 108 and such direction as the Department may give. (Comment: 40 CFR 264.1(g) states that a permit is not required for treatment or containment activities taken during immediate response to a spill or other incident.) (3) If such person fails to COllect, remove or treat the waste or substance when under an obligation to do so, the Department will take action as is necessary to COllect, remove or treat the waste or substance. (4) The Department will keep a record of all necessary expenses incurred in carrying out any cleanup projects or activities, including reasonable charges for services performed and equipment and materials utilized. (5) Any person who fails to COllect, remove or treat the waste or substance immediately, when under an obligation to do so, shall be responsible for the necessary expenses incurred by the State in carrying out a cleanup project or activity authorized by the Department. (6) If the amount of state-incurred expenses are not paid to the Department within 15 days after receipt of notice that expenses are due and owing, the Attorney General, at the request of the Department, shall bring an action in the name of the State of Oregon in any court of competent jurisdiction to recover the amount specified in the final order of the Department. Subdivision C: Required Action Emergency action, reporting. 340-108-020 In the event of a spill or other incident, the person haVing the care, custody, or control of the hazardous waste or hazardous substance shall take the following actions, as appropriate: (1) Immediately implement the site modified SPCC plan or other applicable contingency plan. (Comment: Generators accumulating hazardous waste for less than 90 days are required to have a contingency plan prepared in accordance with 40 CFR 262.34.) (2) If a contingency plan is not otherwise required by Divisions 100 to 110, immediately take the following actions in the order listed: (a) Activate alarms or otherwise warn persons in the immediate area; (b) Undertake every reasonable method to contain the hazardous substance or hazardous waste;

ZRULE.8A 

### (7/19/85) 

### -3-

### (c) (A) Report the spill or other incident to the Oregon Emergency Management Division (telephone 800-452-0311) if the amount of hazardous waste or hazardous substance exceeds the following reportable quantity (in the event a substance or waste falls into more than one category, the lower quantity shall be reported): Substance or

Waste Type Ignitable, 40 CFR 261.21 Corrosive, 40 CFR 261.22 Reactive, 40 CFR 261.23 EP Toxic, 40 CFR 261.24 Listed, 40 CFR 261.31 and .32 Listed, 40 CFR 261.33(e) Listed, 40 CRR 261 .33(f) Listed, rule 340-101-033 PCB, rule 340-110-001(2) Reportable Quantity (pounds) 200 200 200

10 10

2 

### 10 10 10 (Comment: "Ignitable" includes the DOT classifications "Flammable," "Oxidizer," and some "Combustible.") (B) Transporters must report spills of any quantity that occur during transportation. Transporters must also report spills or other incidents to the National Response Center (800-424-8802) as required by 49 CFR 171.15, and, if 

### a water transporter, as required by 33 CFR 153.203; (C) The spill or other incident need not be reported if: 

### (i) It occurs on private property and is 

### known to the owner of the property (or his representative); (ii) It occurs on an impervious surface where it is fully contained; and (iii) 

### It is completely cleaned up without further incident. (Comment: For reporting purposes, quantity calculation involving hazardous waste shall be made independent of the concentrations of the hazardous components. For example, the table in this rule requires reporting a 10 pound spill of acrolein (a rule 340-101-033 waste). This shall be interpreted as requiring reporting a 10 pound spill of a waste containing acrolein whether the concentration of acrolein is 3, 30 or 100% • ) (d) Undertake, in the most practicable manner, the collection, removal or treatment of the hazardous substance or hazardous waste in accordance with the requirements of Divisions 100 to 110 and in a manner that will minimize damage to the environment. The Department may, in any case, evaluate the action taken and may require additional action to complete ,the cleanup and disposal. Cleanup Report 340-108-021 The Department may require the person responsible for a spill or other incident to submit a written report within 15 days of the spill or other incident describing all aspects of the spill and steps taken to prevent a recurrence. (Comment: Transporters are also required by the Public Utility Commissioner to file a Hazardous Materials Incident Report (DOT Form F5800.0) within 15 days after a spill. A copy of this report may be sent to the Department in lieu of the report required by this rule.) 

# o

o

ZRULE.8A 

### (7/19/85) 

### -4-

### ORDER NO. 

# 8

# 4 - 2 72

OAR 860-46-900 (1) These rules are in addition to rules adopted by the Oregon Department of Environmental Quality (OAR Chapter 340, Divisions 100 through 110). (2) As used herein: (a) "Transporter" means a railroad engaged in the transportation of hazardous waste. (b) "Hazardous waste" shall have the meaning given that term in OAR 340-101-003. NOTE: Specific wastes are identified in OAR 340, Division 101. OAR 860-46-910 A transporter must not transport hazardous wastes without having received an identification number from the Commissioner. NOTE: A transporter who has not received an identification number from the Commissioner may obtain one by applying to the Commissioner. Upon receiving the request, the**Corr~issioner** 

### will assign the same identification number to the transporter as**~~at** 

### given by the federal Environmental Protection Agency. OAR 860-46-920 

### The Commissioner adopts the rules of the United States Department of Transportation, in effect on April 1, 1984, as set forth in Title 49, Code of Federal Regulations, parts 171 through 179, insofar as those rules apply to railroads.

OAR 860-46-930 

### A transporter must clean up any hazardous waste discharge that**occ~rs** 

### during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. NOTE: ORS 761.405 

### requires a railroad to notify the**a~~inistrator** 

### of the Emergency Management Division of the Executive Department in connection with an incident that occurs during the course of transporting hazardous materials. Hazardous wastes are a form of hazardous material, so all transporters must observe the reporting**re~~irement** 

### in connection with incidents involving hazardous wastes. See also OAR Chapter 340, Division 108. 

### klrr./2';S2jORDER NO. 

# 84 - 2 7 2

. The. Resource Conservation 

### & Recovery Act of 1916 (RCRA) 'empowered U. S. Environmental Protection Agency (EPA) with administration of the national hazardous waste program. RCRA provides that the**state~** may apply to EPA for certification to operate their own program. To receive EPA final ·approval, state hazardous waste programs must be "substantially equivalent"

..to and consistent with the federal program. Oregon Department of Environmental Quality (DEQ) is the lead state agency responsible for bringing Oregon into compliance with EPA regulations, and for requesting full authorization to operate a hazardous waste program in lieu of a federally operated program. Under the State program, DEQ will be responsible for hazardous waste generators, disposal sites,· air and water transportation requirements. The Public Utility Commissioner (PUC) will be responsible for motor and rail transporter requirements. 

# o

On Noverr.ber 1, 1983, DEQ submitted Oregon's "Draft Application for Final Authorization" to EPA, Region 10, Seattle, Washington. On January 4, 1984, EPA forwarded comments to DEQ on Oregon's proposed hazardous waste rules. EPA made no comment on the proposed rules pertaining to railroad transportation. Hence, DEQ believes the rules are 

# <=) satisfactory to EPA. EPA did make comments and suggested changes to various other DEQ rules. DEQ has revised its rules accordingly. On March 9, 1984, DEQ forwarded PUC a copy of its rule recodification. As the rail rules make reference to certain DEQ rules, the PUC has changed its rules accordingly. Therefore, the rules set forth in Appendix "A" should be adopted.

ORDER IT IS THEREFORE ORDERED that the Statement of Need filed with the Secretary of State on October 4, 1983, is incor?orated in this order.



### IT**I~** 

### FURTHER ORDERED that Division 

### 46 of OAR Chapter 860 is amended to reflect the adoption of the rules set forth in Appendix "A."**klm/O~30o**

# ~~~c CENE MJo.tJDL!N Public**Utili~y Cc~~issioner** OREGON ADMINISTRATIVE RULES GENERAL

AUTHORITY FOR PUBLICATION ORS 756.060

CONTENTS Text of administrative rules and regulations filed by the Public Utility Commissioner of Oregon pursuant to ORS 183.020. FORMS All forms approved by the Commissioner and noted in these rules are available for inspection at the Commissioner's office. HOW TO CITE Cite all rr.aterial in this compilation by the chapter and division number. Example: Oregon Administrative Rules, Chapter 860, Division 61-005. (Short form: OAR 860-61-005 OR 61-005.) EFFECTIVE DATE The effective date is a part of the history citation included for each individual rule.

June 1983 Revised March 198462-120 62-125 62-150 62-160 62-190 62-200 62-210 62-400 62-420 62-500 ADMINISTRATIVE RULES RELATING TO MOTOR CARRIER REGULATION

CONTENTS Division 61 GENERAL PROVISIONS: DEFINITIONS 

### RUle 61-005 Applicability, References and Terminology 

### 1 61-010 Communications, Business Names and Carrier Address 1

Division 62 CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS Rule 62-005 Applications for Authority or Change of Authority

... 3 62-010 Applicants for Certificates or Permits-- Capacity--Status.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 62-015 Misclassification of Application--Effect 3 62-020 Effect of Pending Investigation or Litigation on Applications 4 62-025 Holding Out as Common Carrier or Contract Carrier 4 62-055 Issuance of Certificate or Permit--Start of Operations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 62-060 Classification of Motor Carriers 5 62-062 Scope of Authority Granted Without Hearing and Order; Rate Regulation Exemption 6 62-063 Regulatory Exemptions Provided by ORS 767.145(1)(f) and ORS 767.425(6) 7 62-065 Vehicle Additions, Deletions or Alterations 7 62-070 Application for New Authority, Extension or Transfer of Certificate, Intrastate 8 62-071 Applications for Temporary Authority 9 62-073 Applications for Dump Truck For-Hire Operating Authority 10

.. 62-075 Leasing, Loaning or Renting of Certificates, Licenses or Permits Prohibited 11 Definitions 12 Brokers' Licenses 12 Carrier's Operating Authority 13 Charges for Brokerage Service 13 Misrepresentation 14 Billing 14 Duties and Obligations of Brokers 14 Records to be Kept by Property Brokers 15 Rebating 15 Records to be Kept by Brokers of Passengers 15Division 63 INSURANCE AND BONDS Rule 63-005 63-008 63-010 63-015 63-020 63-025 63-035 63-040 Insurance 18 Liability Insurance 19 Cargo Insurance 19 C. O. D. Bonds and Securities 19 Deposits to Secure Payment of Fees, Taxes, Penalties and Interest 20 Instruments Filed Become Permanent Records 20 Overcharge Claims Against Carriers 20 Loss and Damage Claims Against Carriers 21

Division 64

Identification Plates, Markers, Devices or Passes 22 Identification Plates and Markers, Placement and Transfer 23 Identification Devices 24 External Identification of Vehicles 25 Commercial Vehicle Safety Inspection Decal 25 64-007 64-010 64-011 64-006 IDENTIFICATION, ISSUANCE, AND PLACEMENT OF PLATES, MARKERS, DEVICES OR PASSES Rule 64-005

Division 65 VEHICLES: DRIVER: EQUIPMENT Rule 65-010 Adoption of Federal Safety Regulations 26 65-015 Mileage Registering Devices 27 65-025 Brake Standards 27 65-055 Passenger Vehicle Drivers--Duties and Responsibilities 29 PASSENGER VEHICLES Rule 65-090 Rest Stops and Stations 30 65-095 Smoking Prohibited 30 65-100 Extra Vehicles Operating on Schedule 30 65-105 Use of Trailers Prohibited 30 LEASING FOR INTERCHANGE OF VEHICLES AND EQUIPMENT Rule 65-140 Leases of Vehicles 31 65-145 Interchange of Equipment 33 65-150 Mileage Fees on Leased Equipment 34

Division 66 FREIGHT: HAZARDOUS MATERIALS: LOGS, POLES, PILING, COMMISSIONS Rule 66-005 Delivery of Freight--Notification of Consignee 36 66-010 Storage of Freight 36 66-015 Collection of Transportation Charges-- Extension of Credit 36 

# C'

......'67-010 67-015 67-020 67-025 67-030 67-035 67-040 TRANSPORTATION OF HAZARDOUS MATERIALS Rule 66-055 Adoption of United States Department of Transportation Hazardous Materials Regulations 37 66-060 General Provisions; Definitions 38 66-061 Transporter, Registration and Identification 39 66-066 Incidents 39 66-067 Hazardous Waste and Discharge Responsibility 39 TRANSPORTATION OF LOGS, POLES, OR PILINGS Rule 66-080 Applicability of the Rules; Definitions 40 66-090 General Information 40 COMMISSIONS Rule 66-150 Commissions Paid to Agents 40

Division 67 TARIFFS AND TIME SCHEDULES FILING Rule 67-005 Tariffs and Time Schedules Must Conform to Rules Prescribed Herein 42 Tariffs and Time Schedules Must Be Filed 42 Letters of Transmittal 42 Size and Form of Tariffs and Time Schedules 43 Form of Appointment of Agent 44 Form of Concurrence 45 Number of Concurrences and Authorizations 45 Changes in Joint Routing and Operating of Time Schedules on Less Than Ten (10) Days' Notice 46 67-045 Adoption of Tariffs, Time Schedules 47 67-050 Suspension of Tariff and Schedule Publications 48 67-055 Rejected Tariffs or Operating or Time Schedules 48 67-070 Joint Agent Will Use His Own PUC Ore. Serial Number.49 67-075 Posting of Tariffs and Operating or Time Schedules

.. 49 FREIGHT AND EXPRESS TARIFFS OF REGULAR ROUTE CARRIERS Rule 67-135 Definitions 50 67-140 Title Page of Every Tariff Shall Show 50 67-145 All Tariffs Shall Contain in the Order Named 51 67-150 Amendments and Supplements 53 PASSENGER TARIFFS OF REGULAR ROUTE CARRIERS Rule 67-185 Definitions 54 67-190 Title Page of Every Tariff Shall Show 55 67-195 All Tariffs Shall Contain in the Order Named 55 67-200 Round-Trip Excursion Fares 57 67-205 Amendments and Supplements 58 67-215 Irregular Route Passenger Tariffs 59 . TIME SCHEDULES

Rule 67-240 Operating and Time Schedules 61 67-245 Time Schedules of Regular Route Passenger Carriers

.. 61 67-250 Time Schedules of Regular Route Carriers of Property Shall Contain 62 67-255 Posting 6268-050 68-055 68-056 68-063

68-069 68-071 68-073 68-075 68-077 68-078**68~105** 68-107 68-110 68-096 68-097 68-100 PROCEDURE REQUIREMENTS FOR CLASS A OR C COMMON CARRIERS Rule 67-265 Filing Requirements 63 67-295 New Rates Effective on Granting of Authority 63 67-300 Procedures for Changing Tariffs 64 67-310 Tariff Docket Procedures 64 67-315 Rate Orders 65 67-320 Tariff Bureau Ratemakinq Practices and Procedures 65 IRREGULAR ROUTE CARRIERS Rule 67-335 ' 66 CONTRACT CARRIERS Rule 67-375 Form of Contracts , 66

Division 68 RECORDS, REPORTS AND ACCOUNTING FEES AND TAXES Rule 68-005 Monthly Payment of Fees 68 68-010 Payment of Fees by Check 68 MAINTENANCE OF RECORDS Rule 68-048 Maintenance and Production of Records-- Penalties 68 Fuel Purchase Records 69 Private Carrier Operating Records 69 Contract Farm Carrier Operating**Reco~ds** 70 Records--General--Common and Contract Carriers of Persons and Property 70a 68-064 Contract Carrier Operating Records 70a 68-067 Bills of Lading (Shipping Receipts) and Freight Bills 71 Certified Scale Weights Required 72 Record of Receipts and Disbursements 72 C. 0 . D. Shipments

.. : 73 Ledger and Journal 74 Record of Mileage Operated 75 Reporting by Brokers of Movements of ICC-Exempt Commodities 75 68-080 Audit and Inspection of Records and Accounts of Motor Carriers · 75 UNIFORM SYSTEM OF ACCOUNTS Rule 68-091 Classification of Motor Carriers for Prescribing Uniform System of Accounts 76 68-092 IndeXing of Carrier Revenues for Determining the Classification of Common Carriers of Property and Passengers 77 Class I Carriers of Passengers 77 Class II Motor Carriers of Passengers 78 Class I and II Carriers of Property (Other Than Household Goods) , 78 Class III Carriers of Property and Household Goods

.. 79 Class I and II Carriers of Household Goods 79 Class IV Carriers of Property and Class III Carriers of Passengers 80 

# o-

,



# C)

OJ66-030 69-040 69-050 69-060 FINANCIAL REPORTS Rule 68-141 Financial Report Forms Required 80 DESTRUCTION OF RECORDS Rule 68-151 Contract and Common Motor. Carriers of Property and Passengers 81 Division 69 TRANSPORTATION OF HOUSEHOLD GOODS Rule 69-005 Information fo·r Shippers 82 69-010 Estimates of Charges 82 69-020 Signed Receipt for Shipment--Release Prohibited 83 Claims for Loss or Damage 83 Determination of Weights 84 Cartage Areas Exempt from Ecomonic Regulation 86 Commercial Zones 88

Division 70 through 80 (ED NOTE: Cargo Loading and Securement Rules, 860-70-005 through 860-80-020, are printed as separate publications. Copies of these rules are available upon request from the Public Utility Commissioner, Labor 

### & Industries Building, Salem, OR 97310. Telephone 378-6664, or Toll Free 1-800-452-7813)

Division 70: Division 71: Division 72: Division 73: Division 74: Division 75: Division 76: Division 77: Division 78: Division 79: Division 80: General. Binder Definitions; General Requirements and Specifications; Certification; Condition and Use Baled Hay and Straw-Loading, Securement and Transportation Baled Cotton, Paper, and Jute-Loading, Securement and Transportation Logs and Poles-Loading, Securement and Transportation Junk and Scrap Metal-Loading, Securement and Transportation Steel Coils-Loading, Securement and Transportation Steel Plate, Sheet, and Tinplate-Loading, and Securement Empty Wooden or Plastic Boxes-Loading, Securement and Transportation Detachable Freight Vans or Tank Containers-Loading, Securement and Transportation Lumber and Lumber Products-Safe Loading, Securement and Transportation Sacked Cement, Sand, Ready-Mix Concrete, Bark Dust, Bark Chips, Seed, Securement and Transportation(b) Such 7-day period shall commence**a~** 12:01 a.m. of**~he** day following delivery whenever**~he freigh~**  bill is**presen~ed a~**  or before delivery of**~he freigh~.**  (c) Such 7-day period shall commence at 12:01 a.m. of the day following**presenta~ion** of the**freigh~** bill if presented after delivery of freight. (d) The freight bill must in any case be**presen~ed wi~hin**  seven (7) days**af~er** delivery of the**freigh~.** (3) A motor carrier may**ex~end** credit in excess of**~he** time period provided in paragraph (2) to the United States, the State of Oregon, any county,**ci~y, ~own**  or municipality in this state, or any**departmen~** of any of them. (4) Freight, passenger, express and any and all charges**inciden~** to**transpor~a~ion** must be paid in lawful money of the United States. This rule shall**no~** be**cons~rued ~o**  prohibit the payment by valid checks, drafts, or money orders which are convertible**in~o** cash on demand in**~he** ordinary course of business. (5) Under no**condi~ion** may payment of freight, passenger, express and any and all charges**inciden~ ~o** **~ranspor~ation** be made by credit memorandum, personal service, merchandise or the exchange of goods or services. The**offse~ting** or balancing of amounts receivable against**accoun~s** payable by means of**accoun~ing** entries is prohibited. Stat.**Au~h.:** ORSCh. 756; ORS Ch. 767 Hist: PUC 18. f. 1-21-55. ef. 9-1-54 (Order No. 33203); PUC 120. f. 10-26-62. ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 181. f. 12-30-77, ef. 1-15-78 (Order**~o.** 77-896); Renumbered from 860-36-015; PUC 1-1983. f. 

### &ef. 1-17-83 (Order No. 83-024)**TRANSPORTATIO~** OF HAZARDOUS**~1ATERIALS** 860-66-055 ADOPTION OF UNITED STATES DEPARn1El'.'T OF TRANSPORTATION HAZARDOUS MATERIALS REGULATIONS. Except as otherwise modified by OAR Chapter 340, Divisions 100**~o** 125, (pertaining to hazardous**was~e** only),**~he** rules and**regula~ions** governing the**~ransportation** of hazardous materials, waste and substances by motor vehicle. prescribed by**~he** united**Sta~es Depar~men~**  of**Transpor~a~ion** in**Ti~le** 49 Code of Federal Regulations,**Par~s** 177, 397. and such portions of**Par~s** 171-178 as are applicable**~o mo~or**  carriers, and amendments**~here~o** in**effec~** on**~ovember** 1, 1983, are**adop~ed** and prescribed by the Commissioner**~o** be observed by all carriers subject**~o** ORS**Chap~er** 767.

-37-**(Publica~ions:** The**publica~ion(s)** referred to or incorporated by reference in this rule are available from the office of the Public Utility Commissioner.)**Sta~. His~:**  Auth.: ORS Ch. 756; ORS Ch. 767 Refiled in PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 98, f. 1-18-61, ef. 1-12-61 (Order No. 37620); PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 132, f. 3-29-65, ef. 4-1-65 (Order No. 41035); PUC 135, f. 5-9-66, ef. 5-13-66 (Order --No. 42332); PUC ,148, f. 7-29-68, ef. 9-1-68 (Order

No. 44783); PUC 

## iso, f. 11-7-6, ef. 12-1-68 (Order No. 45141); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); PUC 2-1980, f. 

### &ef. 3-27-80 (Order No. 80-179); PUC 3-1980, Part I, f. 

### &ef. 6-30-80 (Order No. 79-805);**PU~S-1980,** f. 

### &ei. 10-13-80 (Order No. 80-758); Renumbered from 860-36-055; PUC 1-1981, f. 

### &ef. 2-9-81; PUC 12-1981, f. 

### &ef. 12-16-81 (Order No. 81-880); PUC 6-1982, f. 

### &ef. 5-6-82 (Order No. 82-336); PUC 1-1983, f. 

### &ef. 1-17-83 (Order No. 83-024); PUC 1-1984, f. 

### &ef. 2-9-84 (Order No. 84-076) 860-66-060 GENERAL PROVISION; DEFINITIONS: (1) These rules are in**addi~ion ~o**  rules adopted by the Oregon Department of Environmental Quality OAR**Chap~er** 340, Divisions 100 to 125. (2) As used herein: (a) "Transporter" means a person engaged in offsite**~ransportation** of hazardous waste by highway. (b) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. (c) "Generator" means the person, who by virtue of ownership, management of control, is responsible for causing or allowing to be caused the creation of hazardous waste. (d) "Hazardous waste" means those solid, liquid, or gaseous substances which are classified as hazardous pursuant to OAR Chapter 340, Division 101. (e) "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

-38- 

# C)Stat. Auth.: ORS Ch. 756; ORS Ch. 767 Hist: PUC 3-1979, f. 7-27-79, ef. 8-23-79 (Order No. 79-527); Renumbered from 860-36-060; PUC 6-1982, f. 

### &ef. 5-6-82 (Order No. 82-336) 860-66-061 TRANSPORTER, REGISTRATION AND**IDE~~IFICATION.** No transporter shall transport hazardous waste over public highways in Oregon without having registered with the Public Utility Commissioner as a hazardous**wa~te** transporter and having received an authorized hazardous waste transporter identification number. NOTE: As a matter of policy, the Commissioner will accept EPA identification numbers already assigned and use EPA's registration form and identification numbering system (Dun and Bradstreet) for transporters who register in the future. Stat. Auth.: ORS Ch. 756; ORS Ch. 757; Ch. 767 Hist: PUC 3-79, f. 7-27-79, ef. 8-23-79 (Order No. 79-527); Renumbered from 860-36-061; PUC 6-1982, f. 

### &ef. 5-6-82 (Order No. 82-336); PUC 1-1984, f. 

### &ef. 2-9-84 (Order No. 84-076) 860-66-066 INCIDENTS. (1) In the event of an incident, the transporter shall immediately notify all of the following: (a) Oregon Accident Response System (Telephone:I-800-452-03il). (b) National Response Center (Telephone: 1-800-424-8802). (c) Waste Generator (Telephone: see manifest or other shipping papers). (2) The transporter shall note on the manifest the time and location of the incident and the type and amount of the hazardous waste which has spilled. (3) Within fifteen (15) days after the incident, the transporter shall file a Hazardous Materials Incident Report (DOT Form F5800.0) with the Public Utility Commissioner. Stat. Auth.: ORS Ch. 756; ORS Ch. 767 Hist: PUC 3-79, f. 7-27-79, ef. 8-23-79 (Order No. 79-527); Renumbered from 860-36-066 860-66-067 HAZARDOUS WASTE AND DISCHARGE RESPONSIBILITY. A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by the federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or environment. Note: Hazardous waste discharge includes those hazardous substances which, when spilled, become hazardous waste. Stat. Auth.: ORS Ch. 756; ORS Ch. 767 Hist: PUC 6-1982, f. 

### & ef. 5-6-82 (Order No. 82-336); PUC 1-1984, f. 

### &ef. 2-9-84 (Order No. 84-076) -39-TRANSPORTATION OF LOGS, POLES. OR PILING 860-66-080.**His~:** PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 3-80,**Par~** 1, f. 

### &ef. 6-30-80, (Order No. 79-805); .Renumbered from 860-36-080; PUC 13-1983, f. 

### &ef. 11-8-83 (Repealed by Order No. 83-718) 860-66-090**GE~ERAL I~TOmlATIO~.**  Any**emp~y ~railer**  placed upon any truck or any empty pole trailer loaded upon any truck-tractor shall be fastened by not less than one binder in such manner as to prevent it from falling, rolling or sliding off the truck or truck-tractor while in transit.**Sta~.** Auth.: ORS Ch. 756, 757, 

### & 767 Hist: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 126, f. 2-5-64, ef. 3-1-64 (Order No. 39889); PUC 135, f. 5-9-66, ef. 5-15-66 (Order**~o.** 42332); PUC 143, f. 

### & ef. 9-21-67 (Order No. 44070); PUC 144, f. 

### &ef. 9-28-67 (Order No. 44075); PCC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896); Renumbered from 860-36-090; PUC 6-1982, f. 

### & ef. 5-6-82 (Order No. 82-336); PUC 8-1982 (Temp), f. 

### &ef. 7-26-82 (Order No. 82-546); PUC 13-1983, f. 

### &ef. 11-8-83 (Order No. 83-718) (ED. NOTE: The text of Temporary Rules is not printed in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Secretary of State.)**Cm~lISSIONS** 860-66-150**CO~lmSSIO~S** PAID TO AGENTS.**~lo~or** carriers are forbidden to pay commissions or grant consideration to their agents upon charges for**mo~or** carrier services performed for such agents.**Sta~.** Auth.: ORS Ch. 756; ORS Ch. 767 Hist: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f: 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-36-150

-40- 

# c .

.

# --which a material or otherwise TRANSPORTATION OF HAZARDOUS MATERIALS 860-66-055 ADOPTION OF UNITED STATES DEPAR111ENT OF TRANSPORTATION HAZARDOUS MATERIALS REGULATIONS. Except**~s** otherwise modified by OAR Chapter 340, Divisions 100 to [125] 

### 110,:: (pertaining to hazardous waste only), the rules and regulations governing the transportation of hazardous materials, waste and substances by motor vehicle, prescribed by the United States Department of Transportation in Title 49 Code of Federal Regulations, Parts 177, 397, and such portions of Parts 171-178 as are applicable to motor carriers, and amendments thereto in effect on [November 1, 1983] January 1;' 1984, are adopted and prescribed by the Commissioner to be observed by all carriers subject to ORS Chapter 767. (Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the Public Utility Commissioner.) 860-66-060 GENERAL PROVISION; DEFINITIONS: (1) These rules are in addition to rules adopted by the Oregon Department of Environmental Quality OAR Chapter 340, Divisions 100 to [125] 110.: (2) As used herein: (a) "Transporter" means a person engaged in offsite transportation of hazardous waste by highway. (b) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. (c) "Generator" means the person, who by virtue of ownership, management of control, is responsible for causing or allOWing to be caused the creation of hazardous waste. (d) "Hazardous waste" means those solid, liquid, or gaseous substances which are classified as hazardous pursuant to OAR Chapter 340, Division 101.**[(~)j"Container"** means any portable device in is stored, transported, treated, disposed of, handled. ] 860-66-067 HAZARDOUS WASTE**~~** DISCHARGE RESPONSIBILITY. A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be reqUired or approved by the federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or environment. Note: Hazardous waste discharge includes those hazardous**subst~~ces** which, when spilled, become hazardous waste. See also OAR Chapter 340 Division 108.

». kdg/2423j -37- "