justicedao/ipfs_state_laws huggingface dataset:
340-093-0120 Violations Violations of OAR 340, divisions 93 through 97 shall be punishable as provided in ORS 459 and pursuant to OAR 340-012. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.255, 459.376, 459.992 & 459.995 History: DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0085 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0140 Detailed Plans and Specifications Required Except as provided in OAR 340-093-0070(4): (1) Any person applying for a solid waste disposal or waste tire storage permit must submit plans and specifications conforming with current technological practices, and sufficiently detailed and complete so that the department may evaluate all relevant criteria before issuing a permit. The plans and specifications must follow the organizational format, and include the level of information detail, as required by the department. The department may refuse to accept plans and specifications that are incomplete and may request such additional information as it deems necessary to determine that the proposed disposal or waste tire storage site and site operation will comply with all pertinent rules of the department. (2) Engineering plans and specifications submitted to the department must be prepared and stamped by a professional engineer with current Oregon registration. (3) If in the course of facility construction any person desires to deviate significantly from the approved plans, the permittee must submit a detailed description of the proposed change to the department for review and approval prior to implementation. If the department deems it necessary, a permit modification must be initiated to incorporate the proposed change. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.015 & 459.205(1) History: DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 6-2009, f. & cert. ef. 9-14-09 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 340-061-0035 DEQ 26-1981, f. & cert. ef. 9-8-81 DEQ 41, f. 4-5-72, cert. ef. 4-15-72
340-093-0150 Construction Certification Except as provided in OAR 340-093-0070(4): (1) The department may require, upon completion of major or critical construction at a disposal site or waste tire storage site, that the permittee submit to the department a final project report signed by the project engineer or manager as appropriate. The report must certify that construction has been completed in accordance with the approved plans including any approved amendments thereto. (2) If any major or critical construction has been scheduled in the plans for phase development subsequent to the initial operation, the department may require that the permittee submit additional certification for each phase when construction of that phase is completed. (3) Solid waste may not be disposed of in any new waste management unit (such as a landfill cell) of a land disposal site unless/until the permittee has received prior written approval from the department of the required engineering design, construction, Construction Quality Assurance, operations, and monitoring plans. Only after the department has accepted a construction certification report prepared by an independent party, certifying to the department that the unit was constructed in accordance with the approved plans, may waste be placed in the unit. If the department does not respond to a certified construction certification report within 30 days of its receipt, the permittee may proceed to use the unit for disposal of the intended solid waste. Statutory/Other Authority: ORS 459.045, 459A.025 & 468.020 Statutes/Other Implemented: ORS 459.015 & 459.205 - 459.245 History: DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023 DEQ 6-2009, f. & cert. ef. 9-14-09 DEQ 27-1998, f. & cert. ef. 11-13-98 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 340-061-0036 DEQ 26-1981, f. & ef. 9-8-81
340-093-0160 Place for Collecting Recyclable Material (1) Beginning July 1, 2025, all solid waste permittees shall ensure that a place for collecting source separated recyclable material identified in OAR 340-090-0630(2) is provided for every person whose solid waste enters the disposal site. (a) The place for collecting recyclable material shall be located either at the disposal site or at another location more convenient to the population served by the disposal site. (b) Permittees may provide a place for collecting other materials for composting, material recovery or recycling, including materials identified under OAR 340-090-0630(3). (2) Any disposal site that identifies a more convenient location for the collection of recyclable materials as part of providing the opportunity to recycle shall provide information to users of the disposal site about the location of the recycling collection site, what recyclable materials are accepted and hours of operation. (3) Exemption. Any disposal site meeting one of the following criteria is not required to provide a place for collecting source separated recyclable material: (a) Receives only feedstocks for composting; or (b) Does not receive source separated recyclable material; or (c) Does not receive solid waste containing recyclable material; or (d) Is not open to the public; or (e) Received approval from the Department of a written request for exemption. (4) Small Rural Sites. Any disposal site from which marketing of recyclable material is impracticable due to the amount or type of recyclable material received or geographic location shall provide information to the users of the disposal site about the opportunity to recycle at another location serving the wasteshed. Such information shall include the location of the recycling opportunity, what recyclable materials are accepted and hours of operation. (5) The Department may modify the requirements in this rule if the Department finds that the opportunity to recycle is being provided through an acceptable alternative method. Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020 Statutes/Other Implemented: ORS 459.250 History: DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024 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 340-060-0065 DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93) DEQ 26-1984, f. & ef. 12-26-84 DEQ 26-1981, f. & ef. 9-8-81
340-093-0220 Transportation (1) Collection and Transfer Vehicles Construction and Operation: (a) Solid waste collection and transfer vehicles and devices shall be constructed, loaded and operated so as to prevent dropping, leaking, sifting, or blowing or other escapement of solid waste from the vehicle; (b) Collection and transfer vehicles and devices carrying loads which are likely to blow or fall shall have a cover which is either an integral part of the vehicle or device or which is a separate cover of suitable materials with fasteners designed to secure all sides of the cover to the vehicle or device and shall be used while in transit. (2) Cleaning Collection Vehicles. Collection and transfer vehicles or other devices used in transporting solid waste shall be cleanable and shall be cleaned at regular intervals as necessary to prevent odors, insects, rodents, or other nuisance conditions. (3) Waste Water. Waste water from the cleaning process of containers of non-hazardous waste shall be disposed of in a manner approved by the Department or state or local health department having jurisdiction. Statutory/Other Authority: ORS 459.005 - 459.418 & 459A.100 - 459A.120 Statutes/Other Implemented: ORS 459.405 & 459.712 History: DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0075 DEQ 41, f. 4-5-72, ef. 4-15-72
340-093-0260 Beneficial Use of Solid Waste OAR 340-093-0260 through 340-093-0290 establish criteria and procedures for determining if the use of a solid waste is a beneficial use. OAR 340-093-0270 lists approved standing beneficial uses of solid waste. The Department may approve case-specific beneficial uses of solid waste according to the criteria and procedures in OAR 340-093-0280 and 340-093-0290. (1) A beneficial use determination is not needed for the: (a) Disposal of solid waste that is exempt from permit requirements under OAR, chapter 340, divisions 93 or 96; or (b) Recycling of a recyclable material under the Recycling and Waste Reduction Rules, OAR chapter 340, divisions 90 and 91. (2) The Department will review and approve the beneficial use of a solid waste at a permitted solid waste or hazardous waste disposal site through the applicable permit. (3) The Department may consider the policy and waste management hierarchy in ORS 459.015(2)(a) in making case-specific beneficial use determinations under OAR 340-093-0290. (4) A solid waste managed according to a standing beneficial use determination under OAR 340-093-0270 or a case-specific beneficial use determination under 340-093-0280 and 340-093-0290 is not regulated as solid waste. (5) The Department may review solid waste uses authorized before the effective date of this rule and may require the recipient of a prior authorization to apply for and obtain a case-specific beneficial use determination to continue implementing the earlier approved use, if the use is not a standing beneficial use under OAR 340-093-0270. (6) OAR 340-093-0260 through 340-093-0290 do not supersede any city or county authority under ORS Chapter 268, 459, or 459A. Statutory/Other Authority: ORS 459.045, 459.215, 459.235, 459.A025 & 468.065 Statutes/Other Implemented: ORS 459.045, ORS 459.215 & 459.235 History: DEQ 4-2010, f. & cert. ef. 5-14-10
340-093-0270 Standing Beneficial Use Determinations A person may manage solid waste according to a standing beneficial use determination listed in section (5) without contacting the Department’s Solid Waste Program for approval if the person complies with the requirements of this rule. (1) A person managing solid waste as a standing beneficial use must: (a) Manage the material until the time it is used for its approved beneficial use, including any storage, transportation, or processing, so as to prevent releases to the environment or nuisance conditions; (b) Use the material consistent with applicable engineering standards, commercial standards, and agricultural or horticultural practices; (c) Ensure that hazardous substances in the material meet one of the criteria in this subsection, (A) Do not significantly exceed the concentration in a comparable raw material or commercial product, ( B ) Do not exceed naturally occurring background concentrations, or (C) Will not exceed acceptable risk levels, including evaluation of persistence and potential bioaccumulation, when managed according to a beneficial use determination; (d) Ensure the use does not result in the increase of a hazardous substance in a sensitive environment; and (e) Use the material in compliance with applicable federal, state, and local regulations. (2) A person who supplies a solid waste to another person for a beneficial use must provide information to the recipient of the material through written documentation, labeling, or other means that identifies the: (a) Type of material; (b) Type and concentration of hazardous substances if known; (c) Approved beneficial uses; and (d) Any conditions that apply under this rule. (3) At the request of the Department, a person managing a solid waste according to a standing beneficial use determination must provide information sufficient to demonstrate the material and use comply with this rule. (4) A person beneficially using a solid waste must submit a report to the Department for any material managed within a calendar year for those solid wastes listed in section (5), subsections (c), (d), (f), and (g), which involve the direct land application of solid wastes that contain hazardous substances exceeding clean fill criteria. Reports must include: material characterization, the type and concentration of hazardous substances, the beneficial use, volume used, and location of land application. (5) Standing beneficial use determinations: [NOTE: View table by clicking on link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 459.045, 459.215, 459.235, 459.A025 & 468.065 Statutes/Other Implemented: ORS 459.045, 459.215 & 459.235 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 49-2017, minor correction filed 12/18/2017, effective 12/18/2017 DEQ 4-2010, f. & cert. ef. 5-14-10
340-093-0280 Case-Specific Beneficial Use Performance Criteria The Department may approve a beneficial use of a solid waste that meets the criteria of this rule. (1) The applicant has characterized the solid waste and use sufficiently to demonstrate compliance with this rule. (2) The use is productive, including: (a) There is an identified or reasonably likely use for the material that is not speculative; (b) The use is a valuable part of a manufacturing process, an effective substitute for a valuable raw material or commercial product, or otherwise authorized by the Department and does not constitute disposal; and (c) The use is in accordance with applicable engineering standards, commercial standards, and agricultural or horticultural practices. (3) The use will not create an adverse impact to public health, safety, welfare, or the environment, including: (a) The material is not a hazardous waste under ORS 466.005; (b) Until the time a material is used according to a beneficial use determination, the material must be managed, including any storage, transportation, or processing, to prevent releases to the environment or nuisance conditions; (c) Hazardous substances in the material meet one of the criteria in this subsection, (A) Do not significantly exceed the concentration in a comparable raw material or commercial product, (B) Do not exceed naturally occurring background concentrations; or (C) Will not exceed acceptable risk levels, including evaluation of persistence and potential bioaccumulation, when the material is managed according to a beneficial use determination; (d) The use will not result in the increase of a hazardous substance in a sensitive environment; (e) The use will not create objectionable odors, dust, unsightliness, fire, or other nuisance conditions; and (f) The use must comply with applicable federal, state, and local regulations. Statutory/Other Authority: ORS 459.045, 459.215, 459.235, 459.A025 & 468.065 Statutes/Other Implemented: ORS 459.045, 459.215 & 459.235 History: DEQ 4-2010, f. & cert. ef. 5-14-10
340-094-0001 Applicability (1) OAR 340, division 94 applies to municipal solid waste landfills and their appurtenances such as leachate management facilities, and to ash monofills. (2) The criteria adopted in OAR 340-094-0010 apply to all municipal solid waste landfills which receive waste on or after October 9, 1993, unless the landfill meets the following requirements for a later effective date: (a) For existing municipal solid waste landfills or lateral expansions of municipal solid waste landfills that meet the conditions of 40 CFR, §258.1(e)(2) (“small landfills”): the criteria apply if the landfill receives waste on or after April 9, 1994; (b) For new, existing or lateral expansions of municipal solid waste landfills that meet the conditions in 40 CFR, §258.1(f)(1) (“very small landfills serving certain small communities”): the criteria apply if the landfill receives waste on or after October 9, 1997. (3) Municipal solid waste landfills that receive waste after October 9, 1991 but stop receiving waste before a date certain, and which complete installation of a final cover as specified in 40 CFR, §258.60(a) by another date certain, are exempt from the other criteria adopted in OAR 340-094-0010. The dates are as follows: (a) All municipal solid waste landfills (unless the landfill meets the conditions under subsections (3)(b) or (3)(c) of this rule): no waste received after October 9, 1993, and installation of final cover completed by October 9, 1994; (b) A “small landfill” meeting the criteria in 40 CFR, §258.1(e)(2): no waste received after April 9, 1994 and installation of final cover completed by October 9, 1994; (c) A “very small landfill serving certain small communities” meeting the criteria in 40 CFR, §258.1(f)(1): no waste received after October 9, 1997 and installation of final cover completed by October 9, 1998. (4) In order to meet the requirements for later effective dates as a “very small landfill serving certain small communities,” a landfill owner or operator shall make the demonstration required in 40 CFR, §258.1(f)(2) by April 9, 1994. The owner or operator shall keep the demonstration available for inspection by the Department. (5) Persons who receive municipal solid waste but who are exempt from any or all criteria in 40 CFR, Part 258 must comply with all relevant requirements in OAR 340, divisions 93, 94, 95, 96 and 97. Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020 Statutes/Other Implemented: ORS 459.046 History: DEQ 9-1996, f. & cert. ef. 7-10-96 Reverted to DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 25-1995(Temp), f. & cert. ef. 11-29-95 DEQ 10-1994, f. & cert. ef. 5-4-94 Reverted to DEQ 5-1993, f. & cert. ef. 3-10-93 DEQ 14-1993(Temp), f. & cert. ef. 11-2-93 DEQ 5-1993, f. & cert. ef. 3-10-93
340-094-0010 Adoption Of United States Environmental Protection Agency Municipal Solid Waste Regulations (1) Except as otherwise modified or specified by OAR 340, divisions 93 through 97, the criteria for municipal solid waste landfills, prescribed by the United States Environmental Protection Agency in Title 40, CFR, Part 258, and any amendments or technical corrections promulgated thereto as of January 1, 1996 August 1, 1997 are adopted by reference and prescribed by the Commission to be observed by all persons who receive municipal solid waste and who are subject to ORS 459.005 through 459.405 and 459A. (2) Wherever there may be a discrepancy between requirements in 40 CFR, Part 258 as adopted by the Commission and OAR 340 divisions 93 through 97, the more protective standard shall apply. Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020 Statutes/Other Implemented: ORS 459.046 History: DEQ 16-1997, f. & cert. ef. 8-8-97 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 10-1994, f. & cert. ef. 5-4-94 Reverted to DEQ 5-1993, f. & cert. ef. 3-10-93 DEQ 14-1993(Temp), f. & cert. ef. 11-2-93 DEQ 5-1993, f. & cert. ef. 3-10-93
340-094-0020 State Flexibility (1) The provisions of Title 40, CFR, Part 258, shall apply even where the Director is allowed to specify alternative schedules, procedures or designs, unless an applicant or permittee can demonstrate to the Department’s satisfaction pursuant to section (2) of this rule that an alternative schedule, procedure or design is at least as protective of the environment as the provisions in Part 258 or any more stringent requirements specified in OAR 340, divisions 93 through 97. (2) The Director or his/her designate may approve an alternative schedule, procedure or design, per the following procedure: (a) The applicant shall request in writing a waiver from the specific requirement; (b) The request shall include supporting scientific documentation; (c) The approval is not valid until approved in writing by the Department. (3) The Department will exercise its authority to issue Letter Authorizations and to grant variances, exceptions and waivers in a manner consistent with the requirements of 40 CFR, Part 258. Statutory/Other Authority: ORS 459.005 - 459.418 & 459A.100 - 459A.120 Statutes/Other Implemented: ORS 459.225 History: DEQ 5-1993, f. & cert. ef. 3-10-93
340-094-0030 Location Restrictions (1) If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with landfill location restrictions in 40 CFR, Part 258, Subpart B. Except as otherwise provided in OAR 340, division 94, any person who designs, constructs, maintains, or operates any municipal solid waste landfill must do so in conformance with the location requirements of this rule. (2) Floodplains. No person shall establish, expand or modify a landfill 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. (3) Endangered Species. In addition to the requirements of 40 CFR, Part 258, Subpart B, no person shall establish, expand or modify a landfill 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 endangered or threatened species using that habitat. (4) Sensitive Hydrogeological Environments. In addition to the requirements of 40 CFR, Part 258, Subpart B, no person shall establish or expand a landfill in a gravel pit excavated into or above a water table aquifer or other sensitive or 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, 459.046, 459A.025 & 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
340-094-0130 Post-Closure Care Requirements If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with post-closure care requirements in 40 CFR, Part 258, Subpart F. All municipal solid waste permittees shall also comply with this rule. (1) Post-closure requirements: (a) Upon completion or closure of a landfill, a detailed description of the site including a plat shall 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 the land disposal site, unless otherwise approved or required by the Department according to OAR 340-094-0100(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