340-120-0010 Contents of an Authorization to Proceed Request (1) An Authorization to Proceed request shall demonstrate that the proposed facility meets the criteria presented in section (2) of this rule. If the facility does not meet all of the criteria, the Department shall deny the request. (2) Criteria that must be met to obtain an Authorization to Proceed: (a) Need: (A) The facility is needed because: (i) Of a lack of adequate current treatment or disposal capacity to handle hazardous waste or PCB generated by Oregon companies; or (ii) Its operation would result in a higher level of protection of the public health and safety or environment; or (iii) Its operation will significantly lower treatment or disposal costs to Oregon companies, excluding transportation costs within states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS 469.930. (B) The facility shall significantly add to the range of the hazardous waste or PCB handled or to the type of technology already employed at a permitted treatment or disposal facility in states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management; (C) Notwithstanding the provisions of paragraph (2)(a)(A) of this rule, the Department may deny an Authorization to Proceed request if the Department finds that capacity at other treatment or disposal facilities negate the need for a particular facility in Oregon (b) Capacity: (A) The facility shall not be sized less than what is needed, in conjunction with existing facilities in the Northwest Compact States, to treat or dispose of all hazardous waste or PCB generated, or reasonably projected to be generated over the next ten years, in Oregon; (B) The facility shall not be sized greater than needed to treat or dispose of all hazardous waste or PCB generated, or reasonably projected to be generated over the next ten years, in states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management; (C) If the facility is sized to treat or dispose of more hazardous waste or PCB generated outside Oregon than hazardous waste or PCB generated in Oregon, the applicant must demonstrate to the Department that the additional size is needed to make the proposed facility economically feasible; (D) If all of the criteria of rule 340-120-0010(2) are met, the Commission may give preference to a proposed facility which is sized more closely to what is needed to treat or dispose of hazardous waste or PCB generated in Oregon. (c) Technology and Design. The facility shall use the best available technology as determined by the Department for treatment and disposal of hazardous waste and PCB. The facility shall use the highest and best practicable treatment and/or control as determined by the Department to protect public health and safety and the environment; (d) Location: (A) The facility shall be sited at least one mile from: (i) Areas within urban growth boundaries as defined by ORS 197.295; (ii) Wilderness, parks, and recreation areas as designated or identified (if appropriate) in the applicable local comprehensive plan or zoning maps; (iii) Schools, churches, hospitals, nursing homes, retail centers, stadiums, auditoriums and residences except those owned by the applicant and necessary for the operation of the facility. (B) The Department may consider a lesser distance for subparagraphs (2)(d)(A)(ii) and (iii) if the applicant demonstrates that the lesser distance adequately protects the public health and safety and the environment. (e) Property Line Setback: (A) Hazardous waste and PCB treatment and disposal facilities, other than land disposal facilities, on the site of waste generation shall have at least a 250 foot separation between active waste management areas and facilities, and property boundaries; (B) Hazardous waste and PCB treatment and disposal facilities off the site of waste generation and land disposal facilities on the site of waste generation shall have at least a 1,000 foot separation between active waste management areas and facilities, and property boundaries. (f) Groundwater Protection: (A) Using the Groundwater Quality Protection Evaluation Matrix as shown in Table 2 of this Division: (i) Surface impoundments, land treatment facilities and waste piles shall only be located on an area rated as 2 or 3; (ii) Landfills shall only be located on an area rated as 3. (B) Hazardous waste and PCB facilities not listed in subparagraphs (2)(f)(A)(i) or (2)(f)(A)(ii) need not meet this criterion to obtain an Authorization to Proceed. (g) Owner and Operator Capability. The owner, any parent company of the owner and the operator must demonstrate adequate financial and technical capability to properly construct and operate the facility. As evidence of financial capability, the following shall be submitted: (A) Financial statements of the owner, any parent company of the owner, and the operator audited by an independent certified public accountant for three years immediately prior to the application; (B) The estimated cost of construction and a plan detailing how the construction will be funded; and (C) A three-year projection, from the date the facility is scheduled to begin operating, of revenues and expenditures related to operating the facility. The projection should have sufficient detail to determine the financial capability of the owner, any parent company of the owner and the operator to properly operate the facility. (h) Compliance History: (A) The compliance history in owning and operating other similar facilities, if any, must indicate that the owner, any parent company of the owner and the operator have an ability and willingness to operate the proposed facility in compliance with the provisions of ORS Chapter 466 and any permit conditions that may be issued by the Department or Commission. As evidence of ability and willingness, the following shall be submitted: (i) A listing of all responses to past actual violations identified by EPA or the appropriate state regulatory agency within the five years immediately preceding the filing of the request for an Authorization to Proceed at any similar facility owned or operated by the applicant, owner, any parent company of the owner or operator during the period when the actions causing the violations occurred; and (ii) Any written correspondence from EPA and the appropriate state regulatory agency which discusses the present compliance status of any similar facility owned or operated by the applicant, owner, any parent company of the owner or operator. (B) Upon request of the Department, the applicant shall also provide responses to the past violations identified prior to the five years preceding the filing of an Authorization to Proceed and the specific compliance history for a particular facility owned or operated by the applicant, any parent company of the owner or operator. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 466.045, 466.055, 466.060 & 468.020 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 94-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 50-2017, minor correction filed 12/18/2017, effective 12/18/2017 DEQ 12-1986, f. & ef. 5-20-86