justicedao/ipfs_state_laws huggingface dataset:
340-095-0001 Applicability (1) For purposes of this Division, “non-municipal land disposal site” means a land disposal site other than: (a) A municipal solid waste landfill or a unit associated with the operation of such a landfill; (b) A facility listed in OAR 340, division 96. (2) OAR 340, division 95 applies to all non-municipal land disposal sites. Non-municipal land disposal sites must also comply with applicable provisions in OAR 340, divisions 93, 96 and 97. Statutory/Other Authority: ORS 459.005 - 459.418 & 459A.100 - 459A.120 Statutes/Other Implemented: ORS 015 History: DEQ 5-1993, f. & cert. ef. 3-10-93
340-095-0010 Location Restrictions (1) Except as otherwise provided in OAR 340 division 95, any person who designs, constructs, maintains, or operates any non-municipal land disposal site must do so in conformance with the location requirements of this rule. (2) Endangered Species. No person shall establish, expand or modify a non-municipal land disposal site in a manner that will cause or contribute to the actual or attempted: (a) Harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing or collecting of any endangered or threatened species of plants, fish, or wildlife; (b) Direct or indirect alteration of critical habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat. (3) Floodplains. No person shall establish, expand or modify a non-municipal land disposal site in a floodplain in a manner that will allow the facility to restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human life, wildlife or land or water resources. (4) Sensitive Hydrogeological Environments. No person shall establish or expand a non-municipal land disposal site in a gravel pit excavated into or above a water table aquifer or other sole source aquifer, or in a wellhead protection area, where the Department has determined that: (a) Groundwater must be protected from pollution because it has existing or potential beneficial uses (OAR 340-040-0020); and (b) Existing natural protection is insufficient or inadequate to minimize the risk of polluting groundwater. Statutory/Other Authority: ORS 459.045, 459A.025, 468.020 & 468.020 Statutes/Other Implemented: ORS 459.015 & 459.205 - 459.245 History: DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0040 DEQ 2-1984, f. & ef. 1-16-84 DEQ 26-1981, f. & ef. 9-8-81 DEQ 41, f. 4-5-72, ef. 4-15-72
340-095-0080 Post-Closure Care Requirements (1) Post-closure requirements: (a) Upon completion or closure of any non-municipal land disposal site where waste remains on-site, a detailed description of the site including a plat should be filed with the appropriate county land recording authority by the permittee. The description should include the general types and location of wastes deposited, depth of waste and other information of probable interest to future land owners; (b) During the post-closure care period, the permittee must, at a minimum: (A) Maintain the approved final contours and drainage system of the site; (B) Consistent with final use, ensure that a healthy vegetative cover is established and maintained over the site; (C) Operate and maintain each leachate and gas collection, removal and treatment system present at the site; (D) Operate and maintain each groundwater and surface water monitoring system present at the site; (E) Comply with all conditions of the closure permit issued by the Department. (2) Post-closure care period. Post-closure care must continue for 30 years after the date of completion of closure of any non-municipal land disposal site where waste remains on-site, unless otherwise approved or required by the Department according to OAR 340-095-0050(4) and (5). Statutory/Other Authority: ORS 459.045, 459.209, 459.248, 459.270, 459.272 & 468.020 Statutes/Other Implemented: ORS 459.268 History: DEQ 2-1995, f. & cert. ef. 1-10-95 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0043 DEQ 2-1984, f. & ef. 1-16-84
340-096-0001 Applicability (1) OAR Chapter 340, Division 96 applies to energy recovery facilities and incinerators receiving solid waste delivered by the public or by a solid waste collection service, commingled recycling processing facilities, composting facilities, conversion technology facilities, sludge disposal sites, land application disposal sites, transfer stations, limited sort facilities, material recovery facilities and-, solid waste treatment facilities. Such facilities are disposal sites as defined by ORS Chapter 459 and are also subject to the requirements of ORS 459A, OAR chapter 340, division 90, division 93, division 95, including financial assurance requirements and division 97. The Department may tailor the financial assurance requirements to the nature of the facility and may exempt low risk facilities from the financial assurance requirements. For purposes of these division 96 rules, a low-risk facility is one the Department determines is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure. (2) OAR Chapter 340 Division 96 also applies to waste tire storage sites and waste tire carriers. Waste tire storage sites and waste tire carriers are both subject to financial assurance requirements. The Department will modify active permits for any waste tire storage site or waste tire carrier in operation upon the effective date of these rules and issue permits to be consistent with OAR 340, Divisions 93, 96 and 97, at no additional application fee to the permittee. The Department will modify active permits for any combined tire carrier/storage site in operation upon the effective date of these rules and issue separate waste tire carrier and waste tire storage permits. The Department will modify active permits for any beneficial use waste tire storage site in operation upon the effective date of these rules and issue waste tire storage permits. Statutory/Other Authority: ORS 459.005 - 459.418, 459A.100 - 459A.120 & 459.785 Statutes/Other Implemented: ORS 459.015 & 459.045 History: DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024 DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 6-2009, f. & cert. ef. 9-14-09 DEQ 5-1993, f. & cert. ef. 3-10-93
340-096-0070 Special Rules Pertaining to Composting: Performance Standards (1) All composting facilities must be designed, constructed, and operated in a manner that does not cause a discharge of leachate, liquid digestate, or stormwater from the facility to surface water, except when such discharge is in compliance with a discharge permit issued by the department. (2) All composting facilities that collect and dispose of leachate, liquid digestate, or stormwater in engineered structures must comply with the applicable requirements of OAR 340-096-0130: Special Rules Pertaining to Composting: Biogas, Liquid Digestate and Leachate Collection Design and Management Requirements. (3) All composting facilities must be designed, constructed, and operated in a manner that does not cause a likely adverse impact to groundwater under OAR 340 Division 40. All composting facilities proposing to use infiltration in soil as a method for managing leachate, liquid digestate, or stormwater must comply with OAR 340-096-0120: Groundwater Protection. (4) All composting facilities must be designed, constructed, and operated in a manner that, to the greatest extent practicable, consistent with proper facility design and operation, controls and minimizes odors that are likely to cause adverse impacts outside the boundaries of the facility. (5) All composting facilities must be designed, constructed, and operated in a manner that achieves human pathogen reduction as required by OAR 340-096-0140: Pathogen Reduction. (6) All composting facilities must be designed, constructed, and operated in a manner that controls or prevents propagation, harborage, or attraction of vectors, including but not limited to rats, birds, and flies. (7) All composting facilities that produce, collect or store biogas must be designed, constructed, and operated to meet state and local fire regulations to address the potential for fire and explosions. (8) All composting facilities that collect, store and manage liquid digestate must demonstrate adequate capacity to store or remove the digestate. For facilities that land apply, storage must be provided for periods when the production of liquid digestate exceeds the capacity of the soil to use the digestate at agronomic rates including during wet winter months. (9) All composting facilities must comply with all other applicable laws and regulations. Statutory/Other Authority: ORS 459.045, 459A.025 & 468.020 Statutes/Other Implemented: ORS 459.005, 459.015 & 459.205 History: DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 6-2009, f. & cert. ef. 9-14-09
340-096-0120 Special Rules Pertaining to Composting: Groundwater Protection (1) All composting facilities using or proposing to use infiltration in soil as a method for managing leachate, liquid digestate, or stormwater must comply with this rule. (2) Methods of soil infiltration that are subject to this rule include, but are not limited to: (a) Conducting any composting operations, including grinding, chipping, storing feedstocks, or composting feedstocks on surfaces that do not meet the requirements of OAR 340-096-0130: Leachate Collection Design and Management Requirements; (b) Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to filter strips, bioswales, or other similar features; and (c) Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to fields, pastures, cropland, or ditches. (3) All composting facilities subject to this rule must provide to the department the information described in OAR 340-096-0080(1) and (2), and any other information required by the department to evaluate to proposed use of infiltration in soil. (4) The department will evaluate the proposed infiltration methods to determine whether the proposed infiltration may cause likely adverse impacts to groundwater under OAR 340 Division 40. (5) The department may approve, disapprove, restrict, require modifications to, and attach conditions to proposed infiltration methods and procedures. When approved by the department, the proposed infiltration methods and procedures, and any limitations, restrictions, and conditions required by the department as part of its approval, must be incorporated into the facility Operations Plan under OAR 340-096-0090. For “low risk” facilities exempt from OAR 340-096-0090 under 340-096-0080(3)(a), any limitations, restrictions, and conditions required by the department will be incorporated into the facility Conditions of Approval under OAR 340-096-0100. (6) As part of its approval under this rule, the department may require the facility to conduct groundwater sampling and monitoring, and submit analytical results to the department. (7) The department may prohibit the use of infiltration to soil as a method for managing leachate, liquid digestate, or stormwater, for some or all actions, in some or all areas of a composting facility, if based on the factors in OAR 340-096-0080 and any other information available to the department, the department determines that infiltration at a facility is likely to cause an adverse impact to groundwater under OAR 340 Division 40. The department may require the facility to conduct operations on protective surfaces to prevent such impacts. Any such protective surface must comply with OAR 340-096-0130(8). (8) Any infiltration method that is an Underground Injection Control, as defined in OAR chapter 340, division 44, must comply with that Division. Statutory/Other Authority: ORS 459.045, 459A.025 & 468.020 Statutes/Other Implemented: ORS 459.005, 459.015 & 459.205 History: DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 6-2009, f. & cert. ef. 9-14-09
340-096-0210 Waste Tire Storage Sites Applicability: The purpose of OAR 340-096-0210 through 340-096-0240 is to prescribe requirements, limitations and procedures for storage, collection, and disposal of waste tires. Active waste tire storage permits, beneficial use waste tire storage permits and combined tire carrier/storage permits in operation upon the effective date of these rules will remain in effect and remain enforceable until the Department issues new permits under these rules. (1) Except as provided by OAR 340-096-0210(2), no person shall establish, operate, maintain or expand a waste tire storage site until the person owning or controlling the waste tire storage site obtains a permit. (2) Persons owning or controlling the following are exempted from the application and permit requirements of OAR 340-093-0070 unless the Department determines the waste tire storage site may adversely affect human health or the environment : (a) A person who stores not more than 100 waste tires; (b) A person who stores not more than 200 cubic yards of tire-derived materials; (c) A tire retailer who stores not more than 1,500 waste tires for each retail business location; (d) A tire retreader who stores not more than 3,000 waste tires for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading; (e) Storage of tire-derived materials packaged in closed plastic bags; (f) Landfills, material recovery facilities, transfer stations and other Department-permitted solid waste disposal sites storing more than 100 waste tires, as long as the Department approved plans and specifications in the permit describe compliance with waste tire storage standards in OAR 340-096-0230; (g) Using and storing waste tires as a ballast to maintain covers on agricultural materials or at a construction site. (3) All waste tire storage sites shall comply with technical and operational standards in OAR 340-096-0230. (4) All waste tire storage sites shall maintain financial assurance as required by ORS 459.720 in amounts determined by the Department. (5) All waste tire storage sites shall comply with compliance requirements in OAR 340-096-0240. Statutory/Other Authority: ORS 459.785 Statutes/Other Implemented: ORS 459.710, 459.712, 459.715, 459.720, 459.775, 459.780, 459.705, 459.708 & 457.715 History: DEQ 11-2023, adopt filed 07/21/2023, effective 07/21/2023
340-096-0220 Financial Assurance (1) The Department shall determine for each applicant the amount of financial assurance required for waste tire storage sites. The Department shall base the amount on the estimated cost of cleanup for the maximum number of waste passenger tire equivalents and/or tire-derived materials allowed by the permit to be stored at the storage site. (2) The Department will only accept financial assurance mechanisms listed in and complying with applicable requirements in OAR 340-095-0095. (3) The financial assurance mechanism shall be filed with the Department and provide that the Department or a party approved by the Department is the beneficiary of the financial assurance. (4) The Department shall make any claim on the financial assurance within one year of any notice of proposed cancellation of the financial assurance. Statutory/Other Authority: ORS 459.785 Statutes/Other Implemented: ORS 459.720 History: DEQ 11-2023, adopt filed 07/21/2023, effective 07/21/2023
340-096-0280 Department Review of Waste Tire Carrier Permit Applications (1) Applications for waste tire carrier permits shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR 340, Division 93, except as otherwise provided in this division. (2) Applications for waste tire carrier permits shall be complete only if they: (a) Are submitted on forms provided by the Department, accompanied by all required exhibits, and the forms are completed in full and are signed by the applicant(s); (b) Include the appropriate application fee pursuant to OAR 340 Division 97; and (c) Include acceptable financial assurance pursuant to OAR 340-096-0260. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.745, 459.750 & 459.755 History: DEQ 11-2023, adopt filed 07/21/2023, effective 07/21/2023
340-096-0290 Proper Disposition of Waste Tires and Documentation Required of Generators of Waste Tires (1) Any person who generates or handles more than 100 waste tires a year shall keep a log of the amount of waste tires they generated or handled. (2) Any person who generates waste tires shall either: (a) Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department under ORS 459.705 to 459.790; or (b) Transport the waste tires generated by the person to a waste tire storage site operating under a permit issued by the Department or to another site authorized by the Department; (c) Transport any waste tires which are also retreadable casings to a tire retreader for the purposes of retreading. (3) The written record in OAR 340-096-0290 shall document the approximate amount of waste tires generated by the person or under that person’s control and documented in the log as required under OAR 340-096-0290(1). (4) The information maintained under OAR 340-096-0290 sections (1), (2) and (3) shall be made available to the Department upon request of the Department. Statutory/Other Authority: ORS 459.785 Statutes/Other Implemented: ORS 459.708 History: DEQ 11-2023, adopt filed 07/21/2023, effective 07/21/2023
340-097-0001 Applicability This division applies to persons owning or operating or applying to DEQ to own or operate, a municipal solid waste landfill, a non-municipal land disposal site, an energy recovery facility or an incinerator receiving solid waste delivered by the public or by a solid waste collection service, a composting facility, a sludge disposal site, a land application disposal site, a transfer station, a material recovery facility, a commingled recycling processing facility, a limited sort facility, a solid waste treatment facility, a solid waste conversion technology facility or any other solid waste disposal site required to obtain a solid waste permit from DEQ. It also applies to persons who transport solid waste out of Oregon for final disposal or destruction at a disposal site that receives domestic solid waste, construction and demolition waste, land clearing debris, or waste tires for final disposal or destruction. This division also applies to persons engaged in or applying to DEQ to collect waste tires, transport waste tires, or collect and transport waste tires for the purpose of storage, processing or disposal and to waste tire storage sites requiring a permit from DEQ. Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020 Statutes/Other Implemented: ORS 459.235 & 459.730 History: DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024 DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 2-2016, f. & cert. ef. 2-4-16 DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93
340-098-0000 Applicability (1) OAR 340-098-0000 to OAR 340-098-0270 prescribe requirements for electronics producer responsibility programs under ORS 459A.305 to 459A.355. OAR 340-098-0100 to OAR 340-098-0200 are in effect until and including December 31, 2025. OAR 340-098-0230 to OAR 340-098-0270 are effective February 1, 2025. (2) OAR 340-098-0000, OAR 340-098-0010, and 340-098-0300 to OAR 340-098-0390 prescribe requirements and procedures for participating in, submitting program plans for, and operating, drug take-back programs under ORS 459A.200 to 459A.266. (3) OAR 340-098-0000 and OAR 340-098-0400 to OAR 340-098-0460 clarify requirements of the Mattress Stewardship Act, SB 1576 (2022). Statutory/Other Authority: ORS 468.020, 468.065, 459A.345 & SB 1576 (2022) Statutes/Other Implemented: ORS 459A.315 & SB 1576 (2022) History: DEQ 1-2025, amend filed 01/09/2025, effective 01/09/2025 DEQ 8-2023, amend filed 07/20/2023, effective 07/21/2023 DEQ 18-2020, amend filed 09/21/2020, effective 09/21/2020 DEQ 4-2012, f. & cert. ef. 6-26-12
340-098-0100 Revenue Need Until and Including December 31, 2025 (1) Revenue need. The revenue need for the fiscal year beginning: (a) July 1, 2012 is $415,000; (b) July 1, 2013 is $435,000; (c) July 1, 2014 is $435,000; and (d) July 1, 2015 and for subsequent fiscal years until and including December 31, 2025 is $465,000. (2) Revenue need adjustments. (a) If the revenue collected from registration fees under OAR 340-098-0150 exceeds DEQ’s actual costs for the program, DEQ will reduce the revenue need by the excess amount in a subsequent year. DEQ will also evaluate whether to revise the revenue need for future years to ensure that revenue need approximately matches DEQ’s projected costs for implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340(4). (b) If DEQ has been unable to collect revenue from registration fees owed for a prior year, DEQ may add the amount of uncollected revenue to the revenue need in a subsequent year as necessary to ensure that revenue approximately matches DEQ’s projected costs as described in subsection (a). DEQ will make good faith efforts to collect registration fees owed. (3) Reporting. Each fiscal year DEQ will report its current and projected program expenditures and revenue. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.315 History: DEQ 1-2025, amend filed 01/09/2025, effective 01/09/2025 DEQ 4-2012, f. & cert. ef. 6-26-12
340-098-0200 Market Share Notifications Until and Including 2025 (1) Preliminary determination. Beginning in 2013 and each year thereafter until and including 2025, DEQ will make a preliminary determination of each manufacturer’s market share and fee tier for that fiscal year and notify each manufacturer of that determination. (2) Change requests. Each manufacturer will have 30 days to request changes to the preliminary market share and fee tier determination. A manufacturer requesting a change must provide DEQ the relevant information the manufacturer believes supports the change and any other information requested by DEQ to evaluate the requested change. (3) Final determination. After the 30-day period described in section (2), DEQ will make a final determination of each manufacturer’s market share and fee tier and notify each manufacturer of that determination. In making the final market share and fee tier determinations, DEQ will use the best available information as determined by DEQ including any relevant information provided by manufacturers under section (2). Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.315 History: DEQ 1-2025, amend filed 01/09/2025, effective 01/09/2025 DEQ 4-2012, f. & cert. ef. 6-26-12
340-098-0230 Market Share Notifications Beginning 2026 (1) Preliminary market share. Beginning in 2026 and each year thereafter, DEQ will make a preliminary determination of each manufacturer’s market share for the program year and notify each manufacturer of that determination. (2) Change requests. Each manufacturer will have 30 days to request changes to the preliminary market share. A manufacturer requesting a change must provide DEQ the relevant information the manufacturer believes supports the change and any other information requested by DEQ to evaluate the requested change. (3) Final market share. After the 30-day period described in section (2), DEQ will make a final determination of each manufacturer’s market share and notify each manufacturer of that determination. In making the final market share determinations, DEQ will use the best available information as determined by DEQ, including any relevant information provided by manufacturers under section (2). Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.315 & 459A.340 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025