340-096-0110 Special Rules Pertaining to Composting: Composting Permit (1) All composting facilities required by OAR 340-096-0060 to operate under a Composting Permit must comply with this rule. Except as provided in OAR 340-096-0060(5), all facilities subject to this rule must receive a Composting Permit before a facility may operate. (2) After paying applicable fees, and after completing the requirements of OAR 340-093-0100 with respect to public notice and comment, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a Composting Permit for the facility. The Composting Permit is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97. The requirements for screening under OAR 340-096-0080 replace the permit application requirements under OAR 340-093-0070(3), 340-093-0130, and 340-093-0140. (3) All composting facilities permitted under this rule must comply with the following: (a) Comply with OAR 340-096-0070: Performance Standards; (b) Comply with all requirements of the facility Operations Plan; (c) If required by the department, submit an annual report of the weight of feedstocks used for composting on a form provided by the department; (d) If a composting facility discharges leachate or stormwater under a permit issued by the department, submit an annual report to the department with the sampling data required by the permit or permits; (e) Immediately notify the department of any violation of the facility Operations Plan, Conditions of Approval, or OAR 340-096-0070: Performance Standards; (f) Immediately notify the department of any significant change of status of the composting operation, including any change in the ownership or operation of the facility, the location of the facility, type or volume of feedstocks used, and the composting process used by the facility; (g) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the composing facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years; (h) Comply with OAR 340-097-0120(6)(c) with respect to fees; (i) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, divisions 93, 96, and 97; and (j) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if the department determines, based on the information submitted under OAR 340-096-0070, an Operations Plan approved under OAR 340-0096-0090, and any other information available to the department, the facility is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure. 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