Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0068 - Hazardous Waste Management and Disposal Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Class I:
(a) Failing to make or document a complete
			 and accurate hazardous waste determination of a residue as required;
(b) Failing to meet Land Disposal Restriction
			 (LDR) requirements when disposing of hazardous waste;
(c) Operating a hazardous waste treatment,
			 storage or disposal facility (TSD) without first obtaining a permit or without
			 having interim status;
(d)
			 Treating, storing or accumulating hazardous waste in a hazardous waste
			 management unit, as defined in
			 40 C.F.R.
			 260.10, that does not meet the unit design or
			 unit integrity assessment criteria for the hazardous waste management
			 unit;
(e) Accepting, transporting
			 or offering for transport hazardous waste without a uniform hazardous waste
			 manifest;
(f) Transporting, or
			 offering for transport, hazardous waste or hazardous waste pharmaceuticals to a
			 facility not authorized or permitted to manage hazardous waste or hazardous
			 waste pharmaceuticals;
(g) Failing
			 to comply with management requirements for ignitable, reactive, or incompatible
			 hazardous waste;
(h) Illegally
			 treating or disposing of a hazardous waste;
(i) Failing to submit Land Disposal
			 Restriction notifications;
(j)
			 Failing to have and maintain a closure plan or post closure plan for a TSD
			 facility, reverse distributor accumulating potentially creditable hazardous
			 waste pharmaceuticals or evaluated hazardous waste pharmaceuticals or for each
			 regulated hazardous waste management unit, as defined in
			 40 C.F.R.
			 260.10, by the owner or operator of facility
			 or unit;
(k) Failing to carry out
			 closure or post closure plan requirements, by an owner or operator of a TSD
			 facility, such that the certification for completing closure or post closure
			 work is not submitted, or is incomplete, inaccurate, or non-compliant with the
			 approved plans;
(l) Failing to
			 establish or maintain financial assurance or hazard liability requirements in
			 40 C.F.R.
			 264.147 or
			  40 C.F.R. 265.147, by an owner or
			 operator of a TSD facility;
(m)
			 Failing to follow emergency procedures in a Contingency Plan or other emergency
			 response requirements during an incident in which a hazardous waste or
			 hazardous waste constituent is released to the environment or the incident
			 presents a risk of harm to employees, emergency responders or the
			 public;
(n) Failing to comply with
			 the export requirements in  40 C.F.R. 262.52  for hazardous
			 wastes, 40 C.F.R.
			 266.508(b) for
			 non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste
			 pharmaceuticals, or 40
			 C.F.R. 266.509(d) for
			 potentially creditable hazardous waste pharmaceuticals;
(o) Failing to properly install a groundwater
			 monitoring system in compliance with permit requirements, by an owner or
			 operator of a TSD facility;
(p)
			 Failing to properly control volatile organic hazardous waste emissions, by a
			 large-quantity hazardous waste generator or TSD facility, when such failure
			 could result in harm to employees, the public or the environment;
(q) Failing to inspect, operate, monitor,
			 keep records or maintain in compliance with a permit: hazardous waste landfill
			 units, incineration equipment, Subpart X treatment equipment, hazardous waste
			 treatment units, pollution abatement equipment for hazardous waste treatment or
			 disposal, or hazardous waste monitoring equipment;
(r) Failing to immediately clean up spills or
			 releases or threatened spills or releases of hazardous waste, or hazardous
			 waste pharmaceuticals, by any person having ownership or control over hazardous
			 waste;
(s) Failing to submit an
			 exception report for generators shipping hazardous waste, for healthcare
			 facilities shipping non-creditable hazardous waste pharmaceuticals, or for
			 reverse distributors shipping evaluated hazardous waste
			 pharmaceuticals;
(t) Reuse in
			 vehicles of defective airbag modules or defective airbag inflators subject to a
			 recall;
(u) Failing to accurately
			 determine generator status;
(v)
			 Failing to notify or withdraw for healthcare facilities or reverse
			 distributors;
(w) Failing to comply
			 with the prohibition against sewering hazardous waste
			 pharmaceuticals;
(x) Transporting,
			 or offering for transport, hazardous waste other than potentially creditable
			 hazardous waste to a facility other than a reverse distributor;
(y) Failing to submit an unauthorized waste
			 report;
(z) Accepting hazardous
			 waste pharmaceuticals at a facility not authorized or permitted to manage the
			 specific type of hazardous waste pharmaceuticals received; or
(aa) Failing to provide confirmation to the
			 healthcare facility or reverse distributor that shipment of potentially
			 creditable hazardous waste pharmaceuticals has arrived at its destination and
			 is under the control of the reverse distributor.