reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0040 - Operating Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 operating criteria in 40 CFR, Part 258, Subpart C. Except as
			 otherwise provided in OAR 340, division 94, any person who maintains or
			 operates any municipal solid waste landfill must do so in conformance with the
			 operating requirements of this rule.
(2) Open Burning. No person shall conduct the
			 open burning of solid waste at a landfill. The Department may authorize the
			 infrequent burning of land-clearing debris such as tree stumps and limbs, brush
			 and other wood waste, except that open burning of industrial wood waste is
			 prohibited.
(3) Surface Water:
(a) No person shall cause a discharge of
			 pollutants from a landfill into public waters including wetlands, in violation
			 of any applicable state or federal water quality rules or
			 regulations;
(b) Each landfill
			 permittee shall ensure that surface runoff and leachate seeps are controlled so
			 as to minimize discharges of pollutants into public waters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0060 - Design Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 design criteria in
40 CFR, Part 258, Subpart
			 D
. Except as otherwise provided in OAR Chapter 340, Division 94, any
			 person who designs, constructs, expands or modifies any municipal solid waste
			 landfill must do so in conformance with the design requirements of this
			 rule.
(2) Plan Design Requirements.
			 In addition to the require-ments of
40 CFR, Part 258, Subpart D
,
			 unless an exemption has been granted under OAR
			 340-093-0070(4),
			 and in addition to the requirements of OAR
			 340-093-0070,
			 detailed plans and specifications for landfills shall include but not be
			 limited to:
(a) Topographic maps which show
			 natural features of the site; the location and design of all pertinent existing
			 and proposed structures, such as berms, dikes, surface drainage control
			 devices, access and on-site roads, water and waste water facilities, gas
			 control devices, monitoring wells, fences, utilities, maintenance facilities,
			 shelter and buildings; legal boundaries and property lines, and existing
			 contours and projected finish grades. Unless otherwise approved by the
			 Department, the scale of the plan drawings shall be no greater than one inch
			 equals 200 feet, with contour intervals not to exceed five feet. Horizontal and
			 vertical controls shall be established and tied to an established bench mark
			 located on or near the site. Where the Department deems it essential to ensure
			 compliance with OAR Chapter 340, Divisions 93 through 96, the bench mark shall
			 be referenced to the Oregon State Plane Coordinate System, Lambert
			 Projection;
(b) A minimum of two
			 perpendicular cross section drawings through the landfill. Each cross section
			 shall illustrate existing grade, excavation grade, proposed final grade, any
			 additions for groundwater protection, water table profile and soil profile.
			 Additional cross sections shall be provided as necessary to adequately depict
			 underlying soils, geology and landfill contours, and to display the design of
			 environmental protection devices or structures;
(c) A description of the design assumptions
			 and methods used to forecast flows and to determine the sizing of pumps, pipes,
			 ditches, culverts and other hydraulic equipment used for the collection,
			 treatment and disposal of leachate and for the control of surface
			 drainage;
(d) A detailed operations
			 plan pursuant to OAR
			 340-094-0040(11)(b)
 
			 and timetable which describes the proposed method of operation and progressive
			 development of trenches and/or landfill lifts or cells.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0080 - Groundwater Monitoring and Corrective Action

Current through Register Vol. 63, No. 7, July 1, 2024
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 groundwater monitoring and corrective action
				requirements in
40 CFR, Part 258, Subpart E
. Consistent with those
				requirements, all municipal solid waste landfill owners and operators shall
				also comply with this rule:
(1)
			 Groundwater:
(a) Each landfill permittee
			 shall ensure that:
(A) The introduction of
			 any substance from the landfill into an underground drinking water source does
			 not result in a violation of any applicable federal or state drinking water
			 rules or regulations beyond the solid waste boundary of the landfill or an
			 alternative boundary specified by the Department;
(B) The introduction of any substance from
			 the landfill into an aquifer does not impair the aquifer's recognized
			 beneficial uses, beyond the solid waste boundary of the landfill or an
			 alternative boundary specified by the Department, consistent with OAR Chapter
			 340, Division 40 and any applicable federal or state rules or
			 regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0100 - Closure and Post-Closure Care: Closure Permits

Current through Register Vol. 63, No. 7, July 1, 2024
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 closure criteria in
40 CFR, §
										258.60
. All municipal solid waste permittees shall also comply with this
				rule:
(1) Closure Permit:
(a) At least five years prior to anticipated
			 closure of a municipal solid waste landfill, the person holding the disposal
			 site permit shall apply to renew the permit to cover the period of time
			 remaining for site operations, closure of the site, and all or part of the time
			 that active post-closure site maintenance is required by the Department. This
			 last permit issued before final closure of the landfill is scheduled to occur
			 shall be called a "closure permit";
(b) The person who holds or last held the
			 disposal site permit, or, if that person fails to comply, then the person
			 owning or controlling a municipal solid waste landfill that is closed and no
			 longer receiving solid waste after January 1, 1980, must continue or renew the
			 disposal site permit after the site is closed for the duration of the period in
			 which the Department continues to actively supervise the site, even though
			 solid waste is no longer received at the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0110 - Closure and Post-Closure Care: Closure Plans

Current through Register Vol. 63, No. 7, July 1, 2024
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 closure and post-closure care requirements
				in
40 CFR, Part 258, Subpart F
. All municipal solid waste
				permittees shall also comply with this rule:
(1) Two types of written closure plans shall
			 be prepared.
(a) The two types of closure
			 plan are:
(A) A Subtitle D or "worst-case"
			 closure plan, as required by
40 CFR §
												258.60(c)
; and
			 subsequently
(B) A Final Engineered
			 Site Closure Plan, as required by OAR
			 340-094-0100(2)(a),
			 which shall include all the elements of and replace the "worst-case" closure
			 plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0115 - Closure and Post-Closure Care: Post-Closure Plans

Current through Register Vol. 63, No. 7, July 1, 2024
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, §
										258.61
. All municipal solid waste permittees shall also comply
				with this rule.
(1) Two types of
			 written post-closure plans shall be prepared:
(a) A "Subtitle D" post-closure plan as
			 required by
40 CFR §
											258.61(c)
; and subsequently
(b) A Final Engineered Post-closure Plan as
			 required by OAR
			 340-094-0100(2)(b).
			 When prepared, this shall include all requirements of and replace the "Subtitle
			 D" post-closure plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0130 - Post-Closure Care Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0140 - Financial Assurance Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
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 financial assurance criteria in
40 CFR, Part
				258, Subpart G
. All municipal solid waste permittees shall also comply
				with this rule.
(1) Financial
			 Assurance Required. The owner or operator of a municipal solid waste landfill
			 shall maintain a financial assurance plan with detailed written cost estimates
			 of the amount of financial assurance that is necessary and shall provide
			 evidence of financial assurance for the costs of:
(a) Closure of the municipal solid waste
			 landfill;
(b) Post-closure
			 maintenance of the municipal solid waste landfill; and
(c) Any corrective action required by the
			 Department to be taken at the municipal solid waste landfill, pursuant to OAR
			 340-094-0080(3).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this Division, "non-municipal land disposal site" means a land disposal site
			 other than:
(a) A municipal solid waste
			 landfill or a unit associated with the operation of such a landfill;
(b) A facility listed in OAR Chapter 340,
			 Division 96.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0010 - Location Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise provided in OAR Chapter 340 Division 95, any person who designs,
			 constructs, maintains, or operates any non-municipal land disposal site must do
			 so in conformance with the location requirements of this rule.
(2) Endangered Species. No person shall
			 establish, expand or modify a non-municipal land disposal site 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 threatened or endangered species using that habitat.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0020 - Operating Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise provided in OAR 340 division 95, any person who maintains or
			 operates any non-municipal land disposal site must do so in conformance with
			 the operating requirements of this rule.
(2) Permitted Wastes. Only the waste types
			 listed in the solid waste permit or the operations plan, or wastes previously
			 approved by the Department in writing, may be accepted for disposal. In certain
			 cases the Department may also require approval of the source(s) of the waste.
			 Written requests for authorization to accept additional waste types shall be
			 submitted to and approved by the Department prior to disposal of such waste.
			 Approval of requests for authorization for one-time disposal may be granted by
			 the Department in writing. Requests for authorization for more than one-time
			 disposal shall require a permit modification by the Department. Requests for
			 authorization to accept additional waste types shall include the following
			 information:
(a) Waste characterization with
			 detailed physical and chemical characteristics of the waste type such as
			 percent solids, results of the paint filter test, Toxicity Characteristic
			 Leaching Procedure ("TCLP') results, polychlorinated biphenyl content, and test
			 results for ignitability, reactivity, corrosivity, etc., as
			 appropriate;
(b) The approximate
			 volume of waste to be disposed of on a daily and yearly basis;
(c) The source of the wastes and a
			 description of the processes which generated the waste;
(d) Special handling and disposal procedures,
			 to be incorporated into the Special Waste Management Plan pursuant to
			 subsection (3)(j) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0030 - Design Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise provided in OAR Chapter 340, Division 95, any person who designs,
			 constructs, expands or modifies any non-municipal land disposal site must do so
			 in conformance with the design requirements of this rule.
(2) Plan Design Requirements. Unless an
			 exemption has been granted under OAR
			 340-093-0070(4),
			 in addition to the requirements of OAR
			 340-093-0070,
			 detailed plans and specifications for non-municipal land disposal sites shall
			 include but not be limited to:
(a)
			 Topographic maps which show natural features of the site; the location and
			 design of all pertinent existing and proposed structures, such as berms, dikes,
			 surface drainage control devices, access and on-site roads, water and waste
			 water facilities, gas control devices, monitoring wells, fences, utilities,
			 maintenance facilities, shelter and buildings; legal boundaries and property
			 lines, and existing contours and projected finish grades. Unless otherwise
			 approved by the Department, the scale of the plan drawings shall be no greater
			 than one inch equals 200 feet, with contour intervals not to exceed five feet.
			 Horizontal and vertical controls shall be established and tied to an
			 established bench mark located on or near the site. Where the Department deems
			 it essential to ensure compliance with OAR Chapter 340, Divisions 93 and 95,
			 the bench mark shall be referenced to the Oregon State Plane Coordinate System,
			 Lambert Projection;
(b) If a
			 landfill, a minimum of two perpendicular cross section drawings through the
			 non-municipal land disposal site. Each cross section shall illustrate existing
			 grade, excavation grade, proposed final grade, any additions for groundwater
			 protection, water table profile and soil profile. Additional cross sections
			 shall be provided as necessary to adequately depict underlying soils, geology
			 and landfill contours, and to display the design of environmental protection
			 devices or structures;
(c) A
			 description of the design assumptions and methods used to forecast flows and to
			 determine the sizing of pumps, pipes, ditches, culverts and other hydraulic
			 equipment used for the collection, treatment and disposal of leachate and for
			 the control of surface drainage;
(d) A detailed operations plan pursuant to
			 OAR
			 340-095-0020(3)
 
			 and timetable which describes the proposed method of operation and progressive
			 development of the non-municipal land disposal site, such as trenches and/or
			 landfill lifts or cells.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0040 - Groundwater Monitoring and Corrective Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Groundwater:
(a) Each non-municipal land disposal site
			 permittee shall ensure that:
(A) The
			 introduction of any substance from the land disposal site into an underground
			 drinking water source does not result in a violation of any applicable federal
			 or state drinking water rules or regulations beyond the solid waste boundary of
			 the land disposal site or an alternative boundary specified by the
			 Department;
(B) The introduction of
			 any substance from the land disposal site into an aquifer does not impair the
			 aquifer's recognized beneficial uses, beyond the solid waste boundary of the
			 land disposal site or an alternative boundary specified by the Department,
			 consistent with OAR Chapter 340, Division 40 and any applicable federal or
			 state rules or regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0050 - Closure and Post-Closure Care: Closure Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Closure Permit:
(a) At least 5 years prior to anticipated
			 final closure of a non-municipal land disposal site, the person holding the
			 disposal site permit shall apply to renew the permit to cover the period of
			 time remaining for site operations, closure of the site, and all or part of the
			 time that active post-closure site maintenance is required by the Department.
			 This last permit issued before final closure of the landfill is scheduled to
			 occur shall be called a "closure permit;"
(b) The person who holds or last held the
			 non-municipal land disposal site permit, or, if that person fails to comply,
			 then the person owning or controlling a non-municipal land disposal site that
			 is closed and no longer receiving solid waste after January 1, 1980, must
			 continue or renew the disposal site permit after the site is closed for the
			 duration of the period in which the Department continues to actively supervise
			 the site, even though solid waste is no longer received at the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0060 - Closure and Post-Closure Care: Closure Plans

Current through Register Vol. 63, No. 7, July 1, 2024
To comply with the financial assurance requirements of OAR
				340-095-0090(1)
				(a):
(1) Two types of written closure plans shall
			 be prepared:
(a) The two types of closure
			 plan are:
(A) A conceptual "worst-case"
			 closure plan, for closing the site at its maximum capacity. The plan shall
			 contain sufficient detail to allow a reasonable estimate of the cost of closing
			 the non-municipal land disposal site as required by OAR
			 340-095-0090(1)(a);
			 and subsequently
(B) A Final
			 Engineered Site Closure Plan, as required by OAR
			 340-095-0050(2)(a),
			 which shall replace the conceptual "worst-case" closure plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0065 - Closure and Post-Closure Care: Post-Closure Plans

Current through Register Vol. 63, No. 7, July 1, 2024
To comply with the financial assurance requirements of OAR
				340-095-0090(1)(b):
(1) Two types of written post-closure plans
			 shall be prepared:
(a) A "conceptual"
			 post-closure plan; and subsequently
(b) A Final Engineered Post-closure Plan as
			 required by OAR
			 340-095-0050(2)(b).
			 When prepared, this shall include all requirements of and replace the
			 "conceptual" post-closure plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0070 - Closure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each permittee of a non-municipal land disposal site that
				closes after January 1, 1980 shall comply with this rule.
(1) When solid waste is no longer received at
			 a non-municipal land disposal site, the person who holds or last held the
			 permit issued underORS 459.205 or, if the person who holds or last held the
			 permit fails to comply with this section, the person owning or controlling the
			 property on which the disposal site is located, shall close and maintain the
			 site according to the requirements of ORS Chapter 459, all applicable rules
			 adopted by the Commission underORS 459.045 and all requirements imposed by the
			 Department as a condition to renewing or issuing a non-municipal land disposal
			 site permit.
(2) Unless otherwise
			 approved or required in writing by the Department, no person shall permanently
			 close or abandon a non-municipal land disposal site, except in the following
			 manner:
(a) All areas containing solid waste
			 not already closed in a manner approved by the Department shall be covered with
			 at least three feet of compacted soil of a type approved by the Department
			 graded to a minimum two percent and maximum 30 percent slope unless the
			 Department authorizes a lesser depth or an alternative final cover design. In
			 applying this standard, the Department will consider the potential for adverse
			 impact from the disposal site on public health, safety or the environment, and
			 the ability for the permittee to generate the funds necessary to comply with
			 this standard before the disposal site closes. A permittee may request that the
			 Department approve a lesser depth of cover material or an alternative final
			 cover design based on the type of waste, climate, geological setting, degree of
			 environmental impact;
(b) Final
			 cover material shall be applied to each portion of a landfill within 60 days
			 after said portion reaches approved maximum fill elevation, except in the event
			 of inclement weather, in which case final cover shall be applied as soon as
			 practicable;
(c) The finished
			 surface of the closed areas shall consist of soils of a type or types
			 consistent with the planned future use and approved by the Department. Unless
			 otherwise approved by the Department, a vegetative cover of native grasses
			 shall be promptly established over the finished surface of the closed
			 site;
(d) All surface water must be
			 diverted around the area of the non-municipal land disposal site used for waste
			 disposal or in some other way prevented from contacting the waste
			 material;
(e) All systems required
			 by the Department to control or contain discharges to the environment must be
			 completed and operational.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0080 - Post-Closure Care Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Post-closure requirements:
(a) Upon
			 completion or closure of any non-municipal land disposal site where waste
			 remains on-site, a detailed description of the site including a plat should 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 95 - SOLID WASTE: LAND DISPOSAL SITES OTHER THAN MUNICIPAL SOLID WASTE LANDFILLS › Section 340-095-0090 - Financial Assurance Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Financial Assurance Required. The owner or operator of a non-municipal land
			 disposal site shall maintain a financial assurance plan with detailed written
			 cost estimates of the amount of financial assurance that is necessary and shall
			 provide evidence of financial assurance for the costs of:
(a) Closure of the non-municipal land
			 disposal site;
(b) Post-closure
			 maintenance of the non-municipal land disposal site; and
(c) Any corrective action required by the
			 Department to be taken at the non-municipal land disposal site, pursuant to OAR
			 340-095-0040(3).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR Chapter
			 340, Division 96 applies to energy recovery facilities and incinerators
			 receiving solid waste delivered by the public or by a solid waste collection
			 service, composting facilities, conversion technology facilities, sludge
			 disposal sites, land application disposal sites, transfer stations, material
			 recovery facilities and, solid waste treatment facilities. Such facilities are
			 disposal sites as defined by ORS Chapter 459, and are also subject to the
			 requirements of OAR chapter 340, division 93, financial assurance requirements
			 as set forth in division 95 at OAR 340-095-0090  and 340-095-0095, and division
			 97. The Department may tailor the financial assurance requirements to the
			 nature of the facility and may exempt low risk facilities from the financial
			 assurance requirements. For purposes of these division 96 rules, a low risk
			 facility is one the Department determines is not likely to generate significant
			 amounts of residual waste materials or contamination from the operation of the
			 facility that will remain at closure.
(2) OAR Chapter 340 Division 96 also applies
			 to waste tire storage sites and waste tire carriers. Waste tire storage sites
			 and waste tire carriers are both subject to financial assurance requirements.
			 The Department will modify active permits for any waste tire storage site or
			 waste tire carrier in operation upon the effective date of these rules and
			 issue permits to be consistent with OAR 340, Divisions 93, 96 and 97, at no
			 additional application fee to the permittee. The Department will modify active
			 permits for any combined tire carrier/storage site in operation upon the
			 effective date of these rules and issue separate waste tire carrier and waste
			 tire storage permits. The Department will modify active permits for any
			 beneficial use waste tire storage site in operation upon the effective date of
			 these rules and issue waste tire storage permits.
Statutory/Other Authority: ORS
				  459.005 - 459.418, 459A.100 -
				  459A.120 & 459.785
Statutes/Other Implemented: ORS
				  459.015 &
				  459.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0010 - Special Rules Pertaining to Incineration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. This rule applies to all
			 energy recovery facilities and incinerators receiving solid waste delivered by
			 the public or by a solid waste collection service.
(2) Detailed Plans and Specifications:
(a) All incineration equipment and air
			 pollution control appurtenances thereto must comply with air pollution control
			 rules and regulations and emission standards of this department or the regional
			 air pollution control authority having jurisdiction;
(b) Detailed plans and specifications for
			 incinerator disposal sites must include, but not be limited to, the location
			 and physical features of the site, such as contours, drainage control,
			 landscaping, fencing, access and on-site roads, solid waste handling
			 facilities, truck washing facilities, ash and residue disposal and design and
			 performance specifications of incineration equipment and provisions for testing
			 emissions there from.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0030 - Special Rules Pertaining to Sludge and Land Application Disposal Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
(a) This rule applies to all land used for
			 the spreading, deposit, lagooning or disposal of sewage sludge, septage and
			 other sludges. Such land and facilities are defined as disposal sites by ORS
			 Chapter 459, and are also subject to the requirements of OAR Chapter 340,
			 Divisions 93, 95, and 97 as applicable, including the requirements for
			 obtaining a permit from the Department in accordance with OAR
			 340-093-0050  and
			 340-093-0070;
(b) Disposal of sewage sludges resulting from
			 a sewage treatment facility that is operating under a current and valid Waste
			 Discharge Permit, issued under ORS 468B.050, is exempted from obtaining a solid
			 waste disposal permit, provided that said sewage sludge disposal is adequately
			 covered by specific conditions of the Waste Discharge Permit. Such sewage
			 sludge disposal operations and sites shall comply with all other provisions of
			 OAR Chapter 340, Divisions 93 through 97 and other laws, rules and regulations
			 pertaining to solid waste disposal.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0040 - Transfer Stations and Material Recovery Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. This rule applies to all
			 transfer stations and material recovery facilities (except composting
			 facilities). Such facilities are disposal sites as defined by ORS Chapter 459,
			 and are also subject to the requirements of OAR chapter 340, divisions 93, 95
			 and 97 as applicable.
(2) Plans
			 and Specifications. Plans and specifications for a fixed or permanent transfer
			 station or material recovery facility shall include, but not be limited to, the
			 location and physical features of the facility such as contours, surface
			 drainage control, access and on-site roads, traffic routing, landscaping, weigh
			 stations, fences and specifications for solid waste handling equipment, truck
			 and area washing facilities and wash water disposal, and water supply and
			 sanitary waste disposal.
(3)
			 Design and Construction:
(a) Waste Water
			 Discharges. There shall be no discharge of waste water to public waters except
			 in accordance with a permit from the Department, issued under ORS 468B.050;
(b) Access Roads. All weather
			 roads shall be provided from the public highways or roads, to and within the
			 disposal site and shall be designed and maintained to prevent traffic
			 congestion, traffic hazards and dust and noise pollution;
(c) Drainage. The site shall be designed such
			 that surface drainage will be diverted around or away from the operational area
			 of the site;
(d) Fire Protection.
			 Fire protection shall be provided in accordance with plans approved in writing
			 by the Department and in compliance with pertinent state and local fire
			 regulations;
(e) Fences. Access to
			 the site shall be controlled by means of a complete perimeter fence and gates
			 which may be locked;
(f) Sewage
			 Disposal. Sanitary waste disposal shall be accomplished in a manner approved by
			 the Department or state or local health agency having jurisdiction;
(g) Truck Washing Facilities. Truck washing
			 areas, if provided, shall be hard surfaced and all wash waters shall be
			 conveyed to a catch basin, drainage and disposal system approved by the
			 Department or state or local health agency having jurisdiction.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0050 - Solid Waste Treatment Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. This rule applies to all
			 solid waste treatment facilities. Such facilities are disposal sites as defined
			 by ORS Chapter 459, and are also subject to the requirements of OAR 340,
			 divisions 93, 95, and 97 as applicable.
(2) Plans and Specifications. Plans and
			 specifications for a solid waste treatment facility must include, but not be
			 limited to, the location and physical features of the facility such as
			 contours, surface drainage control, access and on-site roads, traffic routing,
			 landscaping, weigh stations, fences and specifications for solid waste handling
			 equipment, truck and area washing facilities and wash water disposal, and water
			 supply and sanitary waste disposal.
(3) Air Quality. A permittee must ensure that
			 all solid waste treatment facilities comply with air pollution control rules
			 and regulations and emission standards of this Department or the regional air
			 pollution control authority having jurisdiction.
(4) Bioremediation Facilities. Facilities
			 that propose to biologically treat petroleum contaminated soil must design the
			 operation to prevent contamination of the area and minimize the possibility of
			 contaminants leaching to groundwater. Such facilities must in general comply
			 with regulations in OAR chapter 340, division 95, "Land Disposal Sites Other
			 Than Municipal Solid Waste Landfills," for location restrictions, operating
			 criteria and design criteria. The following requirements also apply:
(a) To prevent leaching, design criteria must
			 include either:
(A) A landfill-type liner with
			 a leachate removal system. A concrete slab is not considered a liner. An
			 applicant must demonstrate that the proposed liner is compatible with the
			 waste; or
(B) A vadose zone
			 monitoring system, pursuant to  40 CFR 264, Subpart M.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0060 - Special Rules Pertaining to Composting: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may construct or operate a
			 composting facility except as provided in this rule.
(2) All composting facilities must comply
			 with
			 340-096-0070:
			 Performance Standards.
(3) All
			 composting facilities, except those composting facilities exempt under (3)(a)
			 of this rule, must comply with OAR
			 340-096-0080:
			 Screening.
(a) A facility with composting
			 activities limited to one or more of the following is exempt from the
			 requirements of OAR
			 340-096-0080:
			 Screening,
			 340-096-0090:
			 Operations Plan Approval, 340-096-100: Registration, and
			 340-096-0110:
			 Composting Permit, unless the department determines the composting facility may
			 adversely affect human health or the environment:
(A) A composting facility composting less
			 than 100 tons of Type 1 feedstock, Type 2 feedstock, or both during any
			 calendar year;
(B) A composting
			 facility composting less than 20 tons of Type 3 feedstock during any calendar
			 year;
(C) A composting facility
			 composting less than 40 tons of Type 3 feedstock in any calendar year when
			 conducting in-vessel composting in containers designed to prohibit vector
			 attraction and prevent nuisance and odor generation;
(D) A composting facility that produces
			 silage on a farm for animal feed;
(E) A home composting facility; and
(F) A composting facility that is
			 being operated in conjunction with a Confined Animal Feeding Operation
			 permitted by the Oregon Department of Agriculture that is in compliance with a
			 composting facility management plan approved by the Oregon Department of
			 Agriculture that meets the requirements of OAR
			 340-096-0090  and for which the Oregon Department of Agriculture is providing oversight under
			 an agreement with the department. The Oregon Department of Agriculture may
			 require that a facility that qualifies for a department exemption under this
			 paragraph comply with OAR
			 340-096-0080:
			 Screening.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0070 - Special Rules Pertaining to Composting: Performance Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All composting
			 facilities must be designed, constructed, and operated in a manner that does
			 not cause a discharge of leachate, liquid digestate, or stormwater from the
			 facility to surface water, except when such discharge is in compliance with a
			 discharge permit issued by the department.
(2) All composting facilities that collect
			 and dispose of leachate, liquid digestate, or stormwater in engineered
			 structures must comply with the applicable requirements of OAR
			 340-096-0130:
			 Special Rules Pertaining to Composting: Biogas, Liquid Digestate and Leachate
			 Collection Design and Management Requirements.
(3) All composting facilities must be
			 designed, constructed, and operated in a manner that does not cause a likely
			 adverse impact to groundwater under OAR 340 Division 40. All composting
			 facilities proposing to use infiltration in soil as a method for managing
			 leachate, liquid digestate, or stormwater must comply with OAR
			 340-096-0120:
			 Groundwater Protection.
(4) All
			 composting facilities must be designed, constructed, and operated in a manner
			 that, to the greatest extent practicable, consistent with proper facility
			 design and operation, controls and minimizes odors that are likely to cause
			 adverse impacts outside the boundaries of the facility.
(5) All composting facilities must be
			 designed, constructed, and operated in a manner that achieves human pathogen
			 reduction as required by OAR
			 340-096-0140:
			 Pathogen Reduction.
(6) All
			 composting facilities must be designed, constructed, and operated in a manner
			 that controls or prevents propagation, harborage, or attraction of vectors,
			 including but not limited to rats, birds, and flies.
(7) All composting facilities that produce,
			 collect or store biogas must be designed, constructed, and operated to meet
			 state and local fire regulations to address the potential for fire and
			 explosions.
(8) All composting
			 facilities that collect, store and manage liquid digestate must demonstrate
			 adequate capacity to store or remove the digestate. For facilities that land
			 apply, storage must be provided for periods when the production of liquid
			 digestate exceeds the capacity of the soil to use the digestate at agronomic
			 rates including during wet winter months.
(9) All composting facilities must comply
			 with all other applicable laws and regulations.
Stat. Auth.: ORS 459.045, 459A.025 & 468.020
Stats. Implemented: ORS 459.005, 459.015 &
				  459.205
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0080 - Special Rules Pertaining to Composting: Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All composting facilities not exempted by
			 OAR 340-96-0060(3)(a) will be screened by the department under this rule to
			 determine whether the facility poses a risk to human health or the environment.
			 All facilities subject to this rule must provide to the department the
			 information described below. The department may require any additional
			 information the department considers necessary to evaluate the potential
			 environmental risks posed by a facility. All information must be submitted on
			 application forms provided by the department and include the screening fee
			 required by OAR
			 340-097-0120(3).
			 The application must be accompanied by all required exhibits using paper with
			 recycled content with copy printed on both sides of the paper whenever
			 possible, follow the organizational format and include the level of
			 informational detail required by the department, and be signed by the property
			 owner or person in control of the premises.
(a) Physical information, including:
(A) The location and site schematic,
			 including areas for management of leachate and stormwater, of the existing or
			 proposed composting facility by latitude and longitude, identified on a map;
(B) The location of the facility
			 on a tax lot map;
(C) The location
			 of and distance to surface water in the drainage area of the composting
			 facility, and all drainage channels, ditches and any other water conveyances
			 leading from the composting facility to surface water, identified on a map;
(D) Distance to the uppermost
			 groundwater aquifer and other known aquifers at the location of the composting
			 facility and in any areas proposed for infiltration of leachate or stormwater
			 from the composting facility;
(E)
			 Soil type or types, and permeability if known or available, at the location of
			 the composting facility and in any areas proposed for infiltration of leachate
			 or stormwater;
(F) The location
			 and well logs of all wells on the property where the composting facility is
			 located; the location and well logs of any wells within 1/4 mile of the
			 composting facility; and, if known, the location of any proposed wells within
			 1/4 mile of the composting facility;
(G) The locations of all commercial and
			 residential structures within a one mile radius of the composting facility,
			 identified on a map or photograph;
(H) The prevailing wind direction, by season,
			 identified on a map, and any other climactic information related to wind and
			 air movement;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0120 - Special Rules Pertaining to Composting: Groundwater Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All composting
			 facilities using or proposing to use infiltration in soil as a method for
			 managing leachate, liquid digestate, or stormwater must comply with this rule.
(2) Methods of soil infiltration
			 that are subject to this rule include, but are not limited to:
(a) Conducting any composting operations,
			 including grinding, chipping, storing feedstocks, or composting feedstocks on
			 surfaces that do not meet the requirements of OAR
			 340-096-0130:
			 Leachate Collection Design and Management Requirements;
(b) Discharging any liquids from the
			 composting facility, including leachate, liquid digestate, or stormwater, to
			 filter strips, bioswales, or other similar features; and
(c) Discharging any liquids from the
			 composting facility, including leachate, liquid digestate, or stormwater, to
			 fields, pastures, cropland, or ditches.