justicedao/ipfs_state_laws huggingface dataset:
340-091-0080 Submittals, Approval, and Amendments for Waste Reduction Programs (1) For persons within the State of Oregon, information required for approval of waste reduction programs pursuant to OAR 340-091-0070 shall be submitted by the person before waste from that person may be accepted by the disposal site. (2) For persons outside the State of Oregon, information required for approval of waste reduction programs pursuant to OAR 340-091-0070 shall be submitted by the disposal site operator accepting waste from the person. The site operator shall submit this information to the Department no later than two years after the date when waste is first received from the person at the site, pursuant to 340-091-0035(4). (3) Where the waste proposed to be disposed of comes from more than one jurisdiction, information submitted for approval shall cover all affected jurisdictions. (4) The Department shall review the material submitted in accordance with this rule, and shall approve the waste reduction program within 60 days of completed submittal if sufficient evidence is provided that the criteria set forth in ORS 459.055, as further defined in OAR 340-091-0070, are met. (5) If the Department does not approve the waste reduction program, the Department shall notify the disposal site operator and, for persons within the State of Oregon, the persons who participated in preparing the submittal material, based on written findings. The procedure for review of this decision or correction of deficiencies shall be the same as the procedure for decertification and recertification set forth in OAR 340-091-0040. (6) In order to demonstrate continued implementation of the waste reduction program, by February 28 of each year, information required in OAR 340-090-0100 and any solid waste management plan specifications as well as information in OAR 340-091-0070(2) must be submitted for the preceding calendar or fiscal year as specified by the Department. (7) If a person amends a waste reduction program, any changes in the information previously reported under this rule shall be reported to the Department. The Department shall approve the amended program provided that the criteria set forth in ORS 459.055 as further defined in OAR 340-091-0070 are met. Statutory/Other Authority: ORS 459A.025, 459.045, 459.305 & 468.020 Statutes/Other Implemented: ORS 459.055, 459.340, 459.345 & 468.220 History: DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0093 DEQ 23-1990, f. & cert. ef. 7-6-90
340-093-0005 Purpose and Applicability The purpose of OAR 340, divisions 93 through 97 is to prescribe requirements, limitations, and procedures for storage, collection, transportation, treatment and disposal of solid waste. All persons storing, collecting, transporting, treating and disposing of solid waste in this state are subject to the provisions of OAR 340, division 93 (“General Provisions”), in addition to any other rules in OAR 340, divisions 94, 95, 96, and 97 governing the appropriate specific type of solid waste disposal site. This division also describes uniform procedures for permitting by the Department as prescribed in ORS 459.205 and 459.710 through 459.790. Statutory/Other Authority: ORS 459.005 - 459.418 Statutes/Other Implemented: ORS 459.005 & 459.015 History: DEQ 15-2000, f. & cert. ef. 10-11-00 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0005 DEQ 26-1981, f. & ef. 9-8-81 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0010 Policy Whereas inadequate solid waste collections, storage, transportation, treatment, recycling and disposal practices cause nuisance conditions, potential hazards to public health and safety and pollution of the air, water and land environment, it is hereby declared to be the policy of the Department of Environmental Quality to require effective and efficient solid waste collection and disposal service to both rural and urban areas and to promote and support comprehensive county or regional solid waste management planning, utilizing progressive solid waste management techniques, emphasizing recovery and reuse of solid wastes and insuring highest and best practicable protection of the public health and welfare and air, water and land resources. In keeping with the Oregon policy to retain primary responsibility for management of adequate solid waste programs with local government units (ORS 459.015) and the Environmental Quality Commission’s perception of Legislative intent under Chapter 773, Oregon Laws 1979, the Commission will look for, and expect, the maximum participation of local government in the planning, siting, development and operation of needed landfills. It is expected that local government will have carried out a good faith effort in landfill siting, including but not limited to public participation and Department assistance, before requesting the Department to site the landfill. Local government will be expected to assume or provide for responsibility in the ownership and operation of any Department/Commission sited landfill under anything but an extraordinary circumstance. Statutory/Other Authority: ORS 459.005 - 459.418 & 459A.100 - 459A.120 Statutes/Other Implemented: ORS 459.015 History: DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0015 DEQ 30-1980, f. & ef. 11-10-80 DEQ 25-1980, f. & ef. 10-2-80 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0020 State of Oregon Solid Waste Plan These rules constitute the State Solid Waste Plan for purposes of Section 4001 of the federal Resource Conservation and Recovery Act of 1976 as amended by PL 96-482, until such time as an Integrated State Solid Waste Management Plan is developed pursuant to ORS 459A.020. Statutory/Other Authority: ORS 459.005 - 459.418 & 459A.100 - 459A.120 Statutes/Other Implemented: ORS 459.046 History: DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0017 DEQ 5-1981, f. & ef. 2-9-81
340-093-0040 Prohibited Disposal (1) No person shall dispose of or authorize the disposal of solid waste except at a solid waste disposal site or waste tire storage site permitted by the Department to receive that waste, or at a class of disposal site or waste tire storage site specifically exempted by OAR 340-093-0050(5) from the requirement to obtain a solid waste permit. (2) Wastes prohibited from disposal at solid waste disposal sites or waste tire storage sites: (a) Hazardous Wastes. Wastes defined as hazardous wastes must be managed in accordance with ORS 466.005 et seq. and applicable regulations; (b) Hazardous Wastes from Other States. Wastes which are hazardous under the law of the state of origin shall not be managed at a solid waste disposal site or waste tire storage site when transported to Oregon. Such wastes may be managed at a hazardous waste facility in Oregon if the facility is authorized to accept the wastes pursuant to ORS 466.005 et seq. and applicable regulations. (3) No person shall dispose of and no disposal site or waste tire storage site shall knowingly accept for disposal at a solid waste disposal site or waste tire storage site any of the following: (a) Used oil as defined in ORS 468.850(5), including liquid used oil and used oil purposely mixed with other materials for the purpose of disposal, but not including cleanup materials from incidental or accidental spills where the used oil spilled cannot feasibly be recovered as liquid oil; (b) Discarded or abandoned vehicles; (c) Discarded large metal-jacketed residential, commercial or industrial appliances such as refrigerators, washers, stoves and water heaters; (d) Tires, except those that meet size reduction criteria as provided in OAR 340-093-0190(4). Waste tires shall be managed and stored under a Department-issued waste tire storage permit.; (e) Lead-acid batteries. (4) Notwithstanding any other provision of law relating to solid waste disposal, if the state of origin prohibits or restricts the disposal of any kind of solid waste within the state of origin, such prohibition or restriction also shall apply to the disposal of the out-of-state solid waste in Oregon. Statutory/Other Authority: ORS 459.005-418, 459.045(1)&(3), 459A.100-120, 459.235(2), 459.420, 468.065 & 459.785 Statutes/Other Implemented: ORS 459.005(8), 459.205(1) & 459.710 History: DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 17-1997, f. & cert. ef. 8-14-97 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0060 DEQ 24-1990, f. & cert. ef. 7-6-90 DEQ 14-1990, f. & cert. ef. 3-22-90 DEQ 6-1989, f. 4-24-89, cert. ef. 5-4-89 DEQ 30-1988(Temp), f. & cert. ef. 11-17-88 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0060 Letter Authorizations Pursuant to OAR 340-093-0050(7), the Department may authorize the short-term operation of a disposal site by issuing a permit called “letter authorization” subject to the following: (1) A letter authorization may be issued only on the basis of a complete written application which has been approved by the Department. Applications for letter authorizations shall be complete only if they contain the following items: (a) The quantity and types of material to be disposed; (b) A discussion of the need and justification for the proposed project; (c) The expected amount of time which will be required to complete the project; (d) The methods proposed to be used to insure safe and proper disposal of solid waste; (e) The location of the proposed disposal site; (f) A statement of approval from the property owner or person in control of the property, if other than the applicant; (g) Written verification from the local planning department that the proposal is compatible with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission’s Statewide Planning Goals; (h) Any other relevant information which the Department may require. (2) Upon receipt of a complete written application the Department may approve the application if it is satisfied that: (a) The applicant has demonstrated sufficient need and justification for the proposal; (b) The proposed project is not likely to cause a public nuisance, health hazard, air or water pollution or other environmental problem. (3) The Department may revoke or suspend a letter authorization on any of the following grounds: (a) A material misrepresentation or false statement in the application; (b) Any relevant violation of any statute, rule, order, permit, ordinance, judgment or decree. (4) The Department may issue letter authorizations for periods not to exceed six months. If circumstances have prevented the holder of a letter authorization from completing the action allowed under the letter authorization, he or she may request a one-time six-month renewal from the Department. Further renewals are not allowed. A letter authorization shall not be used for any disposal actions requiring longer than a total of one year to complete; such actions are subject to a regular solid waste land disposal permit. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.215 History: DEQ 14-2025, minor correction filed 06/12/2025, effective 06/12/2025 DEQ 17-1997, f. & cert. ef. 8-14-97 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0027 DEQ 26-1981, f. & ef. 9-8-81
340-093-0080 Variances and Permit Exemptions (1) Variances. The Commission may by specific written variance waive certain requirements of OAR 340, divisions 93 through 97 when circumstances of the solid waste disposal or waste tire storage site location or waste tire carriers, operating procedures, and/or other conditions indicate that the purpose and intent of OAR 340, divisions 93 through 97 can be achieved without strict adherence to all of the requirements. (2) Permit exemptions. Pursuant to OAR 340-093-0050(5), a person wishing to obtain an exemption from the requirement to obtain a solid waste permit for disposal of an inert waste in specified locations may submit a request to the Department. The applicant must demonstrate that the waste is substantially the same as “clean fill.” The request shall include but not be limited to the following information: (a) The exact location (including a map) at which the waste is to be disposed of and a description of the surrounding area; (b) The monthly rate of disposal; (c) A copy of the Material Safety Data Sheet (or equivalent, if a MSDS is not available) for all applicable raw materials used at the facility generating the waste; (d) A description of the process generating the waste and how that process fits into the overall operation of the facility; (e) Documentation that the waste is not hazardous as defined in OAR 340, division 101. The procedure for making a hazardous waste determination is in OAR 340-102-0011; (f) A demonstration that the waste is inert, stable, non-putrescible, and physically similar to soil, rock, concrete, brick, building block, tile, or asphalt paving; (g) A demonstration that the waste will not discharge constituents which would adversely impact the waters of the state or public health. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.225 History: DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 17-1997, f. & cert. ef. 8-14-97 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0080 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0090 Preliminary Approval (1) The Department may issue written preliminary approval to any applicant for a Solid Waste Disposal Permit, prior to submission of detailed engineering plans and specifications, based on the material submitted in a site characterization report(s) in accordance with the requirements of OAR 340-093-0070. (2) The purpose of the preliminary review and approval process is to inform the applicant of the Department’s concerns, if any, regarding the proposal and to provide guidance in the development of the detailed plans and specifications required to complete the permit application. Receipt of preliminary approval does not grant the applicant any right to begin construction or operation of a disposal site. (3) Request for preliminary approval shall be made to the Department in writing. Within 45 days of receipt of such request, the Department shall either grant or deny preliminary approval or request additional information. (4) Granting of preliminary approval shall not prevent the Department from denying or conditionally approving a completed permit application. (5) If the Department denies preliminary approval, it shall clearly state the reasons for denial. Failure to receive preliminary approval shall not prevent an applicant from completing a permit application. Any application completed after denial of preliminary approval shall specifically address those concerns listed in the Department’s letter of denial. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.245 History: DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0031 DEQ 26-1981, f. & ef. 9-8-81
340-093-0105 Categories for Permit Actions (1) Category 1: (a) Waste Tire Carrier Permit under 340-096-0260. (b) Letter Authorization under 340-093-0060. (c) Modification to a permit that is administrative in nature or does not alter permit conditions. (2) Category 2: (a) Renewal of a construction and demolition debris landfill permit under 340-093-0070. (b) Renewal of an industrial waste landfill permit under 340-093-0070. (c) Renewal of a closure permit under 340-094-0100 and 340-095-0500. (d) Renewal of a transfer station permit under 340-096-0040. (e) Renewal of a material recovery facility permit under 340-096-0040. (f) Renewal of a solid waste treatment facility permit under 340-093-0070. (g) Renewal of a waste tire storage permit under 340-093-0050. (h) Renewal of a solid waste composting permit under 340-093-0070. (i) New composting facility registration issued under OAR 340-096-0100. (j) Renewal of a composting facility registration under 340-096-0100. (k) New conversion technology facility registration under 340-096-0190. (l) Renewal of a conversion technology facility registration under 340-093-0070. (m) Renewal of a conversion technology facility permit under 340-093-0070. (n) Renewal of a commingled recycling processing facility under 340-093-0070. (o) Renewal of a limited sort facility under 340-093-0070. (p) All other modifications not listed under category 1. (3) Category 3: (a) New captive industrial facility permit as defined in 340-097-0120(1)(c). (b) New transfer station or material recovery facility permit under 340-096-0040. (c) New composting permit issued under 340-096-0110. (d) New closure permit under 340-094-0100 and 340-095-0500. (e) New construction and demolition landfill permit under 340-095-0001. (f) New solid waste treatment facility permit under 340-096-0050. (g) New off-site industrial facility permit under 340-097-0120(2)(a). (h) New sludge disposal facility permit under 340-096-0030. (i) New waste tire storage permit under 340-096-0210. (j) Renewal of a municipal landfill permit under 340-093-0070. (k) Renewal of an incinerator or energy recovery facility permit under 340-093-0070. (l) New conversion technology facility permit under 340-096-0200. (m) New commingled recycling processing facility permit under 340-096-0300. (n) New limited sort facility permit under 340-096-0300. (4) Category 4: (a) New municipal solid waste landfill facility permit under 340-094-0001. (b) New incinerator permit under 340-096-0010. (c) New energy recovery facility permit under 340-097-0120(2)(a). Statutory/Other Authority: 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459.245 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 15-2000, f. & cert. ef. 10-11-00
340-093-0110 Issuance or Denial of a Permit (1) The Department must take final action on the permit application within 45 days of the close of the comment period. The scheduling of a hearing and the consideration of comments will automatically constitute good cause for an extension of time under ORS 459.245. The Department will consider all timely received comments and any other information obtained that may be pertinent to the permit action. (2) Issuance of a permit: The Department may adopt or modify the proposed provisions in the permit application. The Department will promptly notify the applicant in writing of the final action as provided in OAR 340-011-0525 and will include a copy of the permit. If the permit conditions are different from those contained in the permit application, the notification will include the reasons for the changes. (3) Denial of a permit: The Department will promptly notify the applicant in writing of the final action as provided in OAR 340-011-0525. If the Department denies a permit application, the notification will include the reasons for the denial. The Department will deny the permit if: (a) The application contains false information. (b) The Department wrongfully accepted the application. (c) The proposed disposal site would not comply with OAR chapter 340, divisions 93 through 97 or other applicable rules of the Department. (d) The proposal is not part of or not compatible with the adopted local solid waste management plan, or (e) There is no clearly demonstrated need for the proposed new, modified or expanded disposal site or for the proposed change in the method or type of disposal. (4) The Department's decision is effective 20 days from the date of service of the notice unless within that time the Department receives a request for a hearing from the applicant. The request for a hearing must be in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470, and OAR chapter 340, division 011. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459.245 History: DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 15-2000, f. & cert. ef. 10-11-00 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 340-061-0026 DEQ 26-1981, f. & ef. 9-8-81
340-093-0113 Department Initiated Modification of a Permit If the Department determines it is appropriate to modify a permit, the Department will notify the permittee by registered or certified mail of the proposed modification and include them and the reasons for them. The modification will become effective upon mailing unless the permittee requests a hearing within 20 days. A request for hearing shall be made in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413–183.470 and OAR 340-011. If a hearing is requested, the existing permit continues in effect until a final order is issued. Statutory/Other Authority: ORS 459A.025, 459.045, 468.020 & 459.785 Statutes/Other Implemented: ORS 459.245 & 459.715 History: DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 15-2000, f. & cert. ef. 10-11-00
340-093-0115 Termination or Revocation of a Permit (1) Automatic Termination: A permit automatically terminates when: (a) The Department issues a new permit for the same activity or operation; (b) The permittee requests in writing that the permit terminate, if the Department determines that a permit is no longer needed; or (c) The permittee fails to timely submit an application for permit renewal. (i) Termination is effective on the permit expiration date. (ii) A permit may be reinstated only if the permittee applies for a new permit including the associated fees pursuant to division 097. (iii) All permit conditions will remain in effect until such time as a new permit is issued by the Department. Failure by a permittee to abide by the terms of any permit conditions will be a violation of this provision. (2) Revocation with prior notice: (a) If the Department determines that a permittee is in noncompliance with the terms of the permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Department may revoke the permit. (b) The Department will provide notice of the intent to revoke the permit in accordance with OAR 340-011-0525. The notice will include the reasons why the permit will be revoked, and include an opportunity for hearing before the revocation. The Department must receive a written request for hearing stating the grounds for the request within 60 days from service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or until a final order is issued. (3) Revocation without prior notice: (a) If the Department finds that the permittee's activities cause a serious danger to the public health, safety or the environment, the Department may immediately revoke or refuse to renew the permit without prior notice or opportunity for a hearing. (b) If no advance notice of the revocation is provided, the Department will notify the permittee as soon as possible as provided in OAR 340-011-0525. The notification will set forth the specific reasons for the revocation or refusal to renew. (c) The Department must receive a written request for a hearing stating the grounds for the request within 90 days of service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. If the Department does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by the Department. Statutory/Other Authority: ORS 459.045 & 459.785 Statutes/Other Implemented: ORS 459.255 & 459.755 History: DEQ 7-2013, f. & cert. ef. 8-29-13 DEQ 15-2000, f. & cert. ef. 10-11-00