340-120-0001 Purpose and Applicability (1) To protect the public health and safety and the environment, the Commission finds that it is in the state’s best interest to more fully regulate and review proposals to treat or dispose of hazardous waste and PCB. The purpose of this division is to establish a supplemental siting and permitting procedure for most types of hazardous waste and PCB treatment and disposal facilities. COMMENT: Under Federal law hazardous waste incineration and other treatment techniques are considered “treatment” and PCB incineration and other treatment techniques are considered “disposal.” To be consistent, division 120 utilizes the same definitions. (2) All parts of this division apply to new: (a) Hazardous waste and PCB treatment and disposal facilities located off the site of waste generation (off-site); and (b) Hazardous waste and PCB land disposal facilities located on the site of waste generation (on-site). (3) Facilities described in section (2)(a) of this rule that receive less than 50 percent of waste on a weekly basis from off the site may be located inside urban growth boundaries as defined by ORS 197.295 and therefore do not have to meet OAR 340-120-0010(d)(A)(i) and 340-120-0015(1)(a). (4) New hazardous waste and PCB treatment and disposal facilities, other than land disposal facilities, located on the site of waste generation (on-site), are only subject to these parts of division 120: (a) OAR 340-120-0010(2)(c) — Technology and Design; (b) OAR 340-120-0010(2)(e) — Property Line Setback; (c) OAR 340-120-0010(2)(g) — Owner and Operator Capability; (d) OAR 340-120-0010(2)(h) — Compliance History; (e) OAR 340-120-0020 — Community Participation; (f) OAR 340-120-0030 — Permit Application Fee. (5) For the purposes of this division, a facility can receive, with the Department approval, as much as ten percent of waste on a weekly basis from off the site and be an on-site facility. (6) For the purposes of this division, a new facility means: (a) A facility for which an original permit application was submitted after the effective date of this Division; or (b) A facility where a different type of treatment or disposal is being proposed (i.e., adding incineration at a facility utilizing disposal, or changing from chemical treatment to biological treatment at a facility). (7) This division does not apply to: (a) Portable hazardous waste and PCB treatment and disposal facilities that are located on a single site of generation (on-site) less than 15 days each year; (b) Hazardous waste and PCB treatment or disposal sites involved in remedial action under ORS Chapter 466 or closing under divisions 100 through 110 of this chapter; (c) Facilities treating hazardous waste pursuant to the recycling requirements of 40 C.F.R. 261.6; (d) Emergency permits issued by the director according to 40 C.F.R. 270.61; and (e) Facilities permitted by the Department to manage municipal or industrial solid waste, if the hazardous waste the facilities treat or dispose of is excluded from regulation by 40 C.F.R. § 262.14 . (8) The requirements of this division are supplemental to those of divisions 100 through 110 of this chapter. The definitions of OAR 340-100-0010 and 340-110-0003 apply to this Division. Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 466.010, 466.020, 466.025, 466.030, 466.035 & 468.020 History: DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 93-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 12-1986, f. & ef. 5-20-86