justicedao/ipfs_state_laws huggingface dataset:
340-105-0041 Modification or Revocation and Reissuance of Permits (1) The phrase “or except when Division 120 applies” is added to the end of and made part of the provision in 40 CFR 270.41(c). (2) The duties of the “Director” as described in 40 CFR 270.42 shall be assumed by the Director or the Director’s designee of the Department of Environmental Quality unless the Commission must make the decision in accordance with ORS 466.025 or 466.055. (3) The provisions of 40 CFR 270.42(h) are deleted and replaced with section (4) of this rule. (4) The United States Army Umatilla Chemical Depot facility (OR6 213 820 917) shall not accept for incineration any materials from off-site, including military munitions, chemical agents or agent-contaminated materials. No materials may be incinerated at the facility other than those materials inventoried (stockpiled) as of February 12, 1997. Statutory/Other Authority: ORS 183, 459, 466.020(1), 466.020(2), 466.020(7) & 468 Statutes/Other Implemented: ORS 466.025 & 466.035 History: DEQ 14-1997, f. & cert. ef. 7-23-97 DEQ 11-1993, f. & cert. ef. 7-29-93 DEQ 12-1989, f. & cert. ef. 6-12-89 DEQ 8-1985, f. & ef. 7-25-85
340-105-0051 Continuation of Expiring Permits (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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.035 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0061 Emergency Permits (1) The provisions of 40 CFR 270.61(b)(4) are deleted and replaced with section (2) of this rule. (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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.095 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0115 Interim Status The provisions of 40 CFR 270.70 to 270.73, pertaining to interim status, are not included in the State’s hazardous waste management program. NOTE: State requirements applicable to existing hazardous waste management facilities are identified in rule 340-105-0010 and include provisions analogous to those of 40 CFR 270.71 and 270.72. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.030 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0125 Corrective Action Cost Recovery (1) Each permittee required by the Department to perform corrective action elements, including but not limited to: obtaining a permit pursuant to hazardous waste requirements; permit changes, revisions, substitutions, equivalency demonstrations or modifications, including agency-initiated modifications for corrective action elements; receiving regulatory oversight; or post-closure corrective action for a release, shall be subject to charges to cover Department Costs. Department Costs shall commence when the Department has notified the permittee or applicant that investigation of a release or threat of release is necessary and of the Department’s intent to recover costs. The charges to cover corrective action costs shall be the reasonable Department Costs, which are attributable to or associated with corrective action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies. (2) Prior to beginning to assess charges, the Department shall provide to any permittee or applicant a good faith estimate of Department Costs and time frame to complete the corrective action process, based on the information available. (3) During any period in which the Department incurs costs associated with the facility’s corrective action, the Department will provide a monthly bill itemizing the Department Costs to date. (4) Upon a determination that the Department Costs are projected to exceed the original good faith cost estimate, as provided in section (2) of this rule, by 20% or by $20,000, whichever is less, the Department will notify the permittee or permit applicant. Unless waived by the party, the Department will provide a revised estimate and a written explanation of the deviation. Department Costs associated with providing a revised estimate or an explanation of a deviation from the original estimate will be charged to the permittee or applicant. (5) If, upon completion of corrective action activities, the Department has not received payment for costs incurred as described in section (1) of this rule, the permittee or applicant shall pay the remaining balance. Statutory/Other Authority: ORS 466.020, 466.075, 466.165, 466.195 & 468.020 Statutes/Other Implemented: ORS 466.045 History: DEQ 11-1998, f. & cert. ef. 6-26-98
340-105-0130 Facility Fee Late Charges and Collections (1) For all fees and charges set forth in chapter 340, division 105, a late charge equal to ten percent of the fee due shall be assessed if the fees are not received by the Department on the due date shown on the invoice. An additional late charge of ten percent of the unpaid amount shall also be assessed each 30 days that the invoice remains unpaid. After 90 days no further Department late charges shall be assessed; however, such invoices may be referred to the Department of Revenue for collection or collected in Small Claims Court. Accounts referred to the Department of Revenue for collection or collected in Small Claims Court shall be increased by 20 percent of the unpaid amount or $100, whichever is greater, to recover a portion of the costs for referral or collection. (2) In the event of a specific question or concern regarding charges or fees covered by chapter 340, division 105, the Department will upon request, review and respond to information provided by the permittee or permit applicant and meet with the person(s) to discuss the charges or fees. (3) For applications on file with the Department at the time this rule becomes effective, the Department will determine on a pro rata basis the actual costs remaining to complete processing of the permit application. Statutory/Other Authority: ORS 466.020, 466.075, 466.165, 466.195 & 468.020 Statutes/Other Implemented: ORS 466.045 & 466.165 History: DEQ 90-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 11-1998, f. & cert. ef. 6-26-98
340-105-0140 General Inspection Provisions (1) The provisions of 40 C.F.R. § 265.15(b)(4) and (5) that reference Performance Track are deleted. (2) The provisions of 40 C.F.R. § 265.174 that reference Performance Track are deleted. (3) The provisions of 40 C.F.R. § 265.195(d) that reference Performance Track are deleted. (4) The provisions of 40 C.F.R. § 265.201(e) that reference Performance Track are deleted. (5) The requirements of 40 C.F.R. § 270.42 that reference Performance Track are deleted. Statutory/Other Authority: ORS 183, 459, 466 & 468 Statutes/Other Implemented: ORS 466.020, 466.105 & 466.150 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 2-2009, f. & cert. ef. 6-25-09
340-106-0001 Purpose and Scope (1) This division establishes 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. NOTE: 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) A person must also consult 40 C.F.R. Parts 260 to 268, 270, and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. NOTE: 40 C.F.R. Part 124 includes requirements applicable to several programs, including UIC, NPDES, 404, etc. Only the provisions of 40 C.F.R. Part 124 Subparts A and B which are applicable to hazardous waste or "RCRA" permits are incorporated by reference in OAR 340-100-0002, as modified by Division 106. Statutory/Other Authority: ORS 4465.009 & 466.020 Statutes/Other Implemented: ORS 465.003, 465.009, 466.075 & 466.105 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 10-2000, f. & cert. ef. 7-21-00 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-106-0002 Requirements Not Applicable The provisions of 40 CFR 124.1, 124.4, 124.9, 124.10(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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 8-1985, f. & ef. 7-25-85
340-106-0003 Recommendations by State Agencies on Waste Disposal Facility Applications (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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.135 History: DEQ 8-1985, f. & ef. 7-25-85
340-106-0004 Application Review The requirements of 40 C.F.R. §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: (A) Prepare a draft permit; (B) Issue public notice; (C) Complete the public comment period; and (D) Issue a final permit. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.140 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 8-1985, f. & ef. 7-25-85
340-106-0005 Modification, Revocation and Reissuance, or Termination of Permits (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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.140 History: DEQ 8-1985, f. & ef. 7-25-85
340-106-0006 Draft Permits The requirements of 40 CFR 124.6(e) are modified by deleting the sentence “For RCRA, UIC or PSD permits, … under 124.74.” Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.140 History: DEQ 8-1985, f. & ef. 7-25-85
340-106-0012 Public Hearings on Disposal Facility Draft Permits 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 application. (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 proposed 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. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.130 History: DEQ 8-1985, f. & ef. 7-25-85
340-109-0001 Purpose and Applicability (1) This division specifies procedures for managing pesticide residues and empty pesticide containers. This division does not apply to any federally regulated pesticide waste, including waste regulated under 40 C.F.R. Part 273. NOTE: 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) A person must also consult 40 C.F.R. Parts 260 to 268, 270, and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. NOTE: 40 C.F.R. Part 124 includes requirements applicable to several programs, including UIC, NPDES, 404. Only the provisions of 40 C.F.R. Part 124 Subparts A and B that apply to hazardous waste or "RCRA" permits are incorporated by reference in OAR 340-100-0002, as modified by division 106. Statutory/Other Authority: ORS 183.325 - 183.335, 466.02 & 468.020 Statutes/Other Implemented: ORS 466.005 & 466.075 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 17-1984, f. & ef. 8-22-84 DEQ 7-1984, f. & ef. 4-26-84
340-109-0020 Empty Container Management (1) Empty rigid pesticide containers, including but not limited to cans, pails, buckets or drums constructed of metal, plastic, glass, or fiber may be managed as ordinary solid waste and decontaminated, verified and altered as follows: (a) Decontamination consists of removing any residual by: (A) Jet or multiple rinsing; (B) Aeration of volatile substances; COMMENT: For purposes of this rule, all fumigants are considered to be volatile. (C) Chemical washing methods such as those used to recondition metal drums; or (D) Other methods that have been shown in the scientific literature, or by generator tests, to achieve equivalent removal. (b) Verification consists of observing no residue on the interior surface of the container, or no turbidity (less than 5 Nephelometric turbidity units) in a sample rinse when a diluent, which does not solubilize the residue, is placed in the container to fill five percent of its volume and agitated for 30 seconds. (c) Alteration consists of puncturing or removing both ends and crushing the container except that: (A) 30-gallon or larger containers shall be punctured or have their ends removed but need not be crushed; (B) Containers to be beneficially used or reused need not be altered if alteration would interfere with such use or reuse; and (C) Gas cylinders shall be altered by removing the closure valve or valve stem to ensure venting. COMMENT: Extreme caution should be exercised in altering containers having held flammable pesticides or solvents. (2) Empty non-rigid pesticide containers, including paper, paper-laminated and paper-laminated foil bags, may be managed as ordinary solid waste and disposed as follows: (a) In a permitted solid waste landfill; or (b) Burned in an incinerator or boiler which has been permitted by the Department; or (c) Open burned in less than 50 pound lots on-site on the day of generation or as soon thereafter as feasible provided the site is not a public-use airport, distributorship or other permanent base of operation and the burning does not emit dense smoke, noxious odor or creates a public nuisance. Open burning shall be in compliance with OAR 340, division 23, local fire district requirements, and in such a manner as to protect public health and the environment. The ash and foil liners must be buried after burning. (3) Farmers may bury empty non-rigid or decontaminated rigid pesticide containers on their own property provided: (a) The containers were generated from their own use; and (b) The burial site is on flat ground, not in a swale, and at least 500 feet from surface water or any well. (4) No person shall use or provide for use empty or decontaminated pesticide containers to store food, fiber or water intended for human or animal consumption. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.075 History: DEQ 17-1984, f. & ef. 8-22-84 DEQ 7-1984, f. & ef. 4-26-84
340-110-0001 Purpose, Scope and Applicability (1) The purpose of this division is to establish requirements for the storage, treatment, disposal and marking prior to disposal of PCB and PCB items. (2) These regulations are in addition to and do not preempt any local, state or federal statutes or regulations. (3) This division incorporates, by reference, PCB management regulations of the federal program, included in 40 CFR Part 761 as of July 1, 2004, into Oregon Administrative Rules. Persons must consult 40 CFR Part 761 in addition to this division to determine all applicable PCB management requirements. Persons must also consult division 120 of this chapter for additional siting and permitting requirements for PCB disposal. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.020, 466.025, 466.030 & 466.505 History: DEQ 1-2006, f. & cert. ef. 3-15-06 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0003 Definitions (1) The definitions of the following sections are added to 40 CFR 761.3. (2) The definitions of OAR 340-100-0010. (3) For the purpose of this Division: (a) “Agency’s Regional Administrator in the EPA Region in Which the PCBs are Located” means the Department; (b) “Agency” means the Department; (c) “Approve” means permit; (d) “Approved” means permitted; (e) “Approval” means permit; (f) “Assistant Administrator for Pesticides and Toxic Substances” means the Department; (g) “Appropriate Regional Administrator” means the Department; (h) “Chemical Waste Landfill” means PCB landfill; (i) “Environmental Protection Agency” and “EPA” means the Department; (j) “Initial Report” means application; (k) “Receive Written Approval” means obtain a permit; (l) “Regional Administrator” means the Department. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.005 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0020 Manufacturing, Processing, Distribution in Commerce and Use of PCB and PCB Items The provisions of 40 CFR 761.20 through 761.35 are deleted. NOTE: 40 CFR 761.20(e) is adopted by reference with the adoption of 40 CFR, Part 279 (Used Oil Management Regulations) in OAR 340-100-0002. 40 CFR 279.10(i) requires used oil marketers and burners of used oil containing quantifiable levels of PCBs to meet the standards in 40 CFR 761.20(e). Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 466.510 & 466.515 History: DEQ 1-2006, f. & cert. ef. 3-15-06 DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 12-1986, f. & ef. 5-20-86
340-110-0040 Marking of PCB and PCB Items The provisions of 40 CFR 761.40 through 761.59 are applicable only as they relate to items removed from service for disposal. Statutory/Other Authority: ORS 183 & 459 Statutes/Other Implemented: ORS 466 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0060 Treatment and Disposal (1) Sections (2)–(4) of this rule are added to the provisions of 40 CFR 761.60(a). (2) “PCB disposal facility” includes a facility for treatment or disposal of PCB or PCB items. (3) No person shall treat or dispose of PCB or PCB items except at a PCB disposal facility permitted by the Department. (4) No person shall establish, construct or operate a PCB disposal facility without a permit issued by the Department. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.025, 466.030 & 466.255 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0061 Additional Disposal Requirements (1) Section (2) of this rule is added to the provisions of 40 CFR 761(a). (2) Spills, leaks and other uncontrolled discharges of PCB constitute disposal of PCB and shall be reported and managed in accordance with division 142. (3) Section (4) of this rule is added to the provisions of 40 CFR 761.60(e). (4) The permit shall be issued in accordance with divisions 106 and 120 and may contain conditions and provisions as the Department deems appropriate. (5) Section (6) of this rule is added to 40 CFR 761.60. (6) Waste Oil. The use of waste oil that contains any detectable concentration of PCB as a sealant coating or dust control agent is prohibited. Prohibited uses include, but are not limited to, road oiling, general dust control, use as a pesticide carrier and use as a rust preventative on pipes. Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 459A.595 & 466.635 History: DEQ 1-2006, f. & cert. ef. 3-15-06 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 6-1987, f. & ef. 3-5-87
340-110-0065 Storage for Disposal (1) The provisions of 40 CFR 761.65(c)(7)(ii) are replaced by section (2) of this rule. (2) The owners or operators of any facility using containers described in CFR 761.65(c)(7)(i) shall prepare and implement a Spill Prevention Control and Countermeasure (SPCC) plan as described in 40 CFR Part 112. In complying with 40 CFR Part 112, the owner or operator shall read “oil(s)” as “PCB(s)” whenever it appears. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.265 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84