reglab/statecodes huggingface dataset:
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 340-096-0130 - Special Rules Pertaining to Composting: Biogas, Liquid Digestate, and Leachate Collection Design and Management Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All composting facilities that collect
			 biogas, liquid digestate, leachate or stormwater in engineered structures must
			 comply with this rule.
(2) If
			 required by the department, a person proposing to construct a new composting
			 facility that is subject to this rule must prepare and submit to the department
			 a Facility Design and Construction Plan, stamped by a registered professional
			 engineer, as part of the Operations Plan approval under OAR
			 340-096-0090.
			 The Plan must include site layout, biogas collection and storage system, lining
			 and leachate collection/management system, liquid digestate
			 collection/management system, and stormwater and process water collection and
			 treatment facilities.
(3) If
			 required by the department, any person subject to this rule must submit site
			 design and engineering plans for any new facility construction such as site
			 modifications, liners/pads, tanks and piping, closure of existing composting
			 areas/systems, and/or other ancillary facilities.
(4) All construction subject to this rule
			 must be performed in accordance with the approved plans and specifications,
			 including all conditions of approval. Any amendments to those plans and
			 specifications must be approved in writing by the department.
(5) If required by the department, prior to
			 initiating construction, a facility subject to this rule must submit and
			 receive written department approval of complete construction documents for the
			 project to be constructed. The construction documents submitted must:
(a) Define the construction project team;
(b) Include construction contract
			 documents specifying material and workmanship, and requirements to guide how
			 the Constructor is to furnish products and execute work; and
(c) Include a Construction Quality Assurance
			 (CQA) plan describing the measures that will be taken to monitor and ensure
			 that the quality of materials and the work performed by the Constructor
			 complies with project specifications and contract requirements.
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 340-096-0140 - Special Rules Pertaining to Composting: Pathogen Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All composting
			 facilities must comply with this rule, except that agricultural operations, as
			 defined by ORS
			 467.120(2)(a),
			 producing composted material and digestate only for on-farm use are not subject
			 to the requirements of this rule. The department may require that an
			 agricultural operation, or other facility whose digestate is excluded under
			 section 2 of this rule, comply with this rule if the department determines that
			 such compliance is necessary to protect human health or the
			 environment.
(2) All composted
			 material and digestate, excluding:
1)
			 composted material and digestate that is sent as feedstock to a composter
			 possessing either a composting permit or registration; or
2) digestate applied to soil at agronomic
			 application rates and consistent with site restrictions in
			 40
			 C.F.R. §
										503.32(b)(5),
			 must meet the following limits:
(a) For
			 composted material produced from Type 1 or Type 3 feedstock, or a mix of Type 1
			 and 3 feedstocks, analysis must be performed for salmonella or fecal coliform
			 and meet the following limits:
(A) Salmonella
			 analysis must result in less than 3 Most Probable Number per 4 grams of total
			 solids (dry weight).
(B) Fecal
			 coliform analysis must result in less than 1,000 Most Probable Number per gram
			 of total solids (dry weight).
(b) For composted material and digestate
			 produced from Type 1 or Type 3 feedstock with less than 50% by volume of Type 2
			 feedstock, analysis must be performed for salmonella or fecal coliform and meet
			 the following limits:
(A) Salmonella analysis
			 must result in less than 3 Most Probable Number per 4 grams of total solids
			 (dry weight).
(B) Fecal coliform
			 analysis must result in less than 1,000 Most Probable Number per gram of total
			 solids (dry weight).
(c)
			 For composted material and digestate produced from feedstock containing more
			 than 50% volume of Type 2 feedstock in the initial pile, analysis must be
			 performed for fecal coliform and meet the following limits: Analysis must
			 result in less than 1,000 Most Probable Number per gram of total solids (dry
			 weight).
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 340-096-0150 - Special Rules Pertaining to Composting: Unacceptable Odors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 recognizes that the microbial metabolic activity in composting piles and
			 anaerobic digestion operations causes odors, and that composting facilities
			 cannot completely eliminate all odors. All composting facilities must be
			 designed, constructed, and operated in 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.
(2) The
			 department may require a facility to prepare an Odor Minimization Plan under
			 section (5) of this rule, and may further require the facility to modify
			 operations and otherwise implement all reasonable and practicable measures
			 determined necessary by the department to control and minimize adverse impacts
			 of odors outside the boundaries of the facility. In deciding whether to require
			 an Odor Management Plan, the department will consider the frequency, duration,
			 strength and intensity of odors; the number and frequency of complaints; and
			 the number of people impacted.
(3)
			 When a composting facility receives a complaint about odor, the facility must:
(a) Contact the complainant within 24 hours
			 to discuss the complaint;
(b) Keep
			 a record of the complaint; the name and telephone number of the complainant,
			 when available; the date the complaint was received;
(c) Investigate site conditions and
			 operations to determine the extent of an odor problem; and
(d) Immediately initiate procedures at the
			 facility as appropriate to meet the performance standards under OAR
			 340-096-0070(4).
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 340-096-0210 - Waste Tire Storage Sites

Current through Register Vol. 63, No. 7, July 1, 2024
Applicability: The purpose of OAR 340-096-0210  through
				340-096-0240  is to prescribe requirements, limitations and procedures for
				storage, collection, and disposal of waste tires. Active waste tire storage
				permits, beneficial use waste tire storage permits and combined tire
				carrier/storage permits in operation upon the effective date of these rules
				will remain in effect and remain enforceable until the Department issues new
				permits under these rules.
(1) Except
			 as provided by OAR 340-096-0210(2), no person shall establish, operate,
			 maintain or expand a waste tire storage site until the person owning or
			 controlling the waste tire storage site obtains a permit.
(2) Persons owning or controlling the
			 following are exempted from the application and permit requirements of OAR
			 340-093-0070  unless the Department determines the waste tire storage site may
			 adversely affect human health or the environment:
(a) A person who stores not more than 100
			 waste tires;
(b) A person who
			 stores not more than 200 cubic yards of tire-derived materials;
(c) A tire retailer who stores not more than
			 1,500 waste tires for each retail business location;
(d) A tire retreader who stores not more than
			 3,000 waste tires for each individual retread operation so long as the waste
			 tires are of the type the retreader is actively retreading;
(e) Storage of tire-derived materials
			 packaged in closed plastic bags;
(f) Landfills, material recovery facilities,
			 transfer stations and other Department-permitted solid waste disposal sites
			 storing more than 100 waste tires, as long as the Department approved plans and
			 specifications in the permit describe compliance with waste tire storage
			 standards in OAR 340-096-0230;
(g)
			 Using and storing waste tires as a ballast to maintain covers on agricultural
			 materials or at a construction site.
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 340-096-0220 - Financial Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall determine for each applicant the amount of financial assurance
			 required for waste tire storage sites. The Department shall base the amount on
			 the estimated cost of cleanup for the maximum number of waste passenger tire
			 equivalents and/or tire-derived materials allowed by the permit to be stored at
			 the storage site.
(2) The
			 Department will only accept financial assurance mechanisms listed in and
			 complying with applicable requirements in OAR 340-095-0095.
(3) The financial assurance mechanism shall
			 be filed with the Department and provide that the Department or a party
			 approved by the Department is the beneficiary of the financial
			 assurance.
(4) The Department shall
			 make any claim on the financial assurance within one year of any notice of
			 proposed cancellation of the financial assurance.
Statutory/Other Authority: ORS
				  459.785
Statutes/Other Implemented: ORS
				  459.720
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 340-096-0230 - Standards for Waste Tire Storage Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The holder of a waste tire storage permit
			 shall comply with the technical and operational standards in OAR
			 340-096-0230.
(2) A waste tire
			 storage site shall not be constructed or operated in a wetland, waterway,
			 floodway, 25-year floodplain, or any area where it may be subjected to
			 submersion in water.
(3) Operation.
			 A waste tire storage site shall be operated in compliance with the following
			 standards:
(a) An outdoor waste tire pile and
			 a tire-derived material pile shall have no greater than the following maximum
			 dimensions:
(A) Volume: 50,000 cubic
			 feet;
(B) Area: 5,000 square
			 feet;
(C) Height: 10
			 feet.
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 340-096-0240 - Waste Tire Storage Site Permittee Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each person who is required by ORS
			 459.715, and OAR 340-096-0210,
			 to obtain a permit shall:
(a) Comply with the
			 provisions of ORS 459.705 to
			 459.790, OAR 340-096-0240, and
			 any other applicable Department requirements;
(b) Inform the Department in writing within
			 30 days of changes that affect the permit, including but not limited to
			 business name change, address change of the permittee and change in the form of
			 ownership (such as from individual to partnership or corporation);
(c) Allow the Department access to the site
			 and the permittee's records, including records required by other public
			 agencies, for inspection by the Department.
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 340-096-0260 - Waste Tire Carrier Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person engaged in picking up,
			 collecting or transporting waste tires for the purpose of storage, processing
			 or disposal must obtain a waste tire carrier permit from the
			 Department.
(2) No person shall
			 collect or haul waste tires or advertise or represent themselves as being in
			 the business of a waste tire carrier without first obtaining a waste tire
			 carrier permit from the Department. Active waste tire carrier permits and
			 combined tire carrier/storage permits in operation upon the effective date of
			 these rules will remain in effect and remain enforceable until the Department
			 issues new permits under these rules.
(3) The following persons are exempt from the
			 requirement to obtain a waste tire carrier permit:
(a) Solid waste collection service operating
			 under a license or franchise from any local government unit;
(b) A person transporting their own waste
			 tires to a processor or for proper disposal;
(d) Persons transporting tire-derived
			 materials to a market;
(e) Persons
			 transporting waste tires that meet the processed standards in OAR
			 340-093-0190;
(f) The United
			 States, the State of Oregon, any county, city, town or municipality in this
			 state or any agency of the United States, the State of Oregon or a county,
			 city, town or municipality of this state;
(g) Persons possessing an automobile
			 dismantler certificate issued under ORS
			 822.110 and transporting only
			 tires generated from vehicles accepted for dismantling activities;
(h) Tire retailer and tire retreaders
			 transporting waste tires generated from their business operation.
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 340-096-0270 - Waste Tire Carrier Permittee Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each person required to obtain a waste
			 tire carrier permit shall:
(a) Comply with
			 ORS 459.705 to
			 459.790, OAR 340-096-0260  through 340-096-0290, and any other applicable requirements;
(b) Inform the Department in writing within
			 30 days of changes that affect the permit, including but not limited to
			 business name change, address change of the permittee, change from in the form
			 of ownership (such as from individual to partnership or corporation);
(c) Allow the Department access to the site
			 and the permittee's records, including records required by other public
			 agencies, for inspection by the Department;
(d) Maintain a copy of permittee's waste tire
			 carrier permit in each vehicle used to transport waste tires;
(e) Maintain the financial assurance required
			 under OAR 340-096-0260;
(f)
			 Maintain a daily record of all vehicles used to transport waste tires, with
			 beginning and ending dates used, license numbers and person who owns the
			 vehicles. The daily record shall be kept current at all times. The daily record
			 shall be made available to Department staff when requested and be submitted to
			 the Department each year as part of the permittee's annual report.
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 340-096-0280 - Department Review of Waste Tire Carrier Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for waste tire carrier permits shall be processed in accordance with the
			 Procedures for Issuance, Denial, Modification and Revocation of Permits as set
			 forth in OAR 340, Division 93, except as otherwise provided in this
			 division.
(2) Applications for
			 waste tire carrier permits shall be complete only if they:
(a) Are submitted on forms provided by the
			 Department, accompanied by all required exhibits, and the forms are completed
			 in full and are signed by the applicant(s);
(b) Include the appropriate application fee
			 pursuant to OAR 340 Division 97; and
(c) Include acceptable financial assurance
			 pursuant to OAR 340-096-0260.
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 340-096-0290 - Proper Disposition of Waste Tires and Documentation Required of Generators of Waste Tires

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 who generates or handles more than 100 waste tires a year shall keep a log of
			 the amount of waste tires they generated or handled.
(2) Any person who generates waste tires
			 shall either:
(a) Have the waste tires
			 transported by a waste tire carrier operating under a permit issued by the
			 Department under ORS 459.705 to
			 459.790; or
(b) Transport the waste tires generated by
			 the person to a waste tire storage site operating under a permit issued by the
			 Department or to another site authorized by the Department;
(c) Transport any waste tires which are also
			 retreadable casings to a tire retreader for the purposes of
			 retreading.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 97 - SOLID WASTE: PERMIT FEES › Section 340-097-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division applies to persons owning or operating or
				applying to DEQ to own or operate, a municipal solid waste landfill, a
				non-municipal land disposal site, an energy recovery facility or an incinerator
				receiving solid waste delivered by the public or by a solid waste collection
				service, a composting facility, a sludge disposal site, a land application
				disposal site, a transfer station, a material recovery facility, a solid waste
				treatment facility, a solid waste conversion technology facility or any other
				solid waste disposal site required to obtain a solid waste permit from DEQ. It
				also applies to persons who transport solid waste out of Oregon for final
				disposal or destruction at a disposal site that receives domestic solid waste,
				construction and demolition waste, land clearing debris, or waste tires for
				final disposal or destruction. This division also applies to persons engaged in
				or applying to DEQ to collect waste tires, transport waste tires, or collect
				and transport waste tires for the purpose of storage, processing or disposal
				and to waste tire storage sites requiring a permit from DEQ.
Statutory/Other Authority: ORS
				  459.045,
				  459A.100 - 459A.120 &
				  468.020
Statutes/Other Implemented: ORS
				  459.235 &
				  459.730
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 97 - SOLID WASTE: PERMIT FEES › Section 340-097-0110 - Solid Waste Permit and Disposal Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each person required to have a solid
			 waste disposal permit, waste tire storage or waste tire carrier permit is
			 subject to the following fees:
(a) An
			 application processing fee for new facilities and new waste tire carriers which
			 must be submitted with the application for a new permit as specified in OAR
			 340-097-0120(2); and
(b) A solid
			 waste permit compliance fee as listed in OAR 340-097-0120(6).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 97 - SOLID WASTE: PERMIT FEES › Section 340-097-0120 - Permit/Registration Categories and Fee Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of OAR chapter 340, division
			 97:
(a) A "new facility" means a facility at
			 a location not previously used or permitted, and does not include an expansion
			 to an existing permitted site;
(b)
			 An "off-site industrial facility" means all industrial solid waste disposal
			 sites other than a "captive industrial facility;"
(c) A "captive industrial facility" means an
			 industrial solid waste disposal site where the permittee is the owner and
			 operator of the site and is the generator of all the solid waste received at
			 the site.
(d) As used in this rule,
			 the term "mixed solid waste" means solid wastes that include paper, plastic,
			 and other materials at least partly made up of domestic waste, where the
			 materials have not been separated from each other.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-098-0000  to OAR 340-098-0200  apply to manufacturers of covered electronic
			 devices sold or offered for sale in the State of Oregon for calendar years 2012
			 and beyond.
(2) OAR 340-098-0000,
			 OAR 340-098-0010, and 340-098-0300  to OAR 340-098-0390  prescribe requirements
			 and procedures for participating in, submitting program plans for, and
			 operating, drug take-back programs under ORS
			 459A.200 to
			 459A.266.
(3) OAR 340-098-0000  and OAR 340-098-0400  to
			 OAR 340-098-0460  clarify requirements of the Mattress Stewardship Act, SB 1576
			 (2022).
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  459A.345 & SB 1576
				  (2022)
Statutes/Other Implemented: ORS
				  459A.315 & SB 1576
				  (2022)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used in OAR 340-098-0000  through 340-098-0200  have the
				meaning provided in ORS
				459A.305.
				Terms used in OAR 340-098-0300  to OAR 340-098-0390  have the meanings provided
				in ORS
				459A.200 and ORS
				459A.209.
				Definitions for additional terms used in OAR Chapter 340, Division 98
				are:
(1) "DEQ" means the Department of
			 Environmental Quality.
(2) "Fiscal
			 year" means the period beginning on July 1 of any year and ending on June 30 of
			 the next year.
(3) "Market share"
			 means the percentage of the total number of units of covered electronic devices
			 sold in or into Oregon the previous calendar year or most recent four quarters
			 for which data is available, as determined by DEQ.
(4) "Revenue need" means the total amount of
			 revenue DEQ must collect in registration fees in order for the registration
			 fees to approximately match DEQ's projected costs for implementing ORS
			 459A.305 to
			 459A.355,
			 excluding costs incurred under ORS
			 459A.340(4).
Statutory/Other Authority: ORS
				  468.020,
				  468.065  & 459A.345
Statutes/Other Implemented: ORS
				  459A.305  & 459A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0100 - Revenue Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Revenue need.
			 The revenue need for the fiscal year beginning:
(a) July 1, 2012 is $415,000;
(b) July 1, 2013 is $435,000;
(c) July 1, 2014 is $435,000; and
(d) July 1, 2015 and for subsequent fiscal
			 years is $465,000.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0150 - Registration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Section
(1) describes
			 generally how DEQ determines registration fees, and sections (2) through (4)
			 provide the specific process for determining registration fees.
(1) Overview. Each year manufacturer
			 registration fees total the revenue need for that year. DEQ assigns
			 manufacturers to registration fee Tiers 1-7 based on their market share. All
			 manufacturers within a tier pay the same registration fee in any given year.
			 Manufacturers in Tier 6 pay a fee of $200. Manufacturers in Tier 7, with the
			 smallest market share, pay $40. Fees for manufacturers in Tiers 1-5 are
			 calculated each year to total the revenue need remaining after subtracting the
			 revenue expected from Tiers 6 and 7. To determine the manufacturer fee for each
			 of Tiers 1-5, the total market share for all manufacturers in a tier is
			 multiplied by the remaining revenue need. That revenue share for the tier is
			 then divided by the number of manufacturers in the tier to determine the fee
			 for those manufacturers. DEQ then adjusts the fees for Tiers 1-5 so that no fee
			 is more than $35,000 or less than $200. If the fee for any tier is over
			 $35,000, DEQ caps the fee at $35,000, and distributes the amount of unallocated
			 revenue from that tier to lower tiers in proportion with their market share
			 (excluding Tiers 6 and 7). If the resulting fee for any tier is below $200, DEQ
			 raises the fee to $200 for that tier and recalculates the fees for the higher
			 tiers as described above for Tiers 1-5.
(2) Total registration fees. Each year the
			 total registration fees of manufacturers required to pay a registration fee
			 under ORS 459A.315 and OAR
			 340-098-0000  through
			 340-098-0200  will
			 equal the revenue need for the fiscal year beginning July 1 of that
			 year.
(3) Registration fees. For
			 each year after 2012, each manufacturer will pay a registration fee described
			 in this section:
(a) Registration fees will
			 be based on the following fee tiers:
(A) Tier
			 1 includes all manufacturers with a market share greater than or equal to
			 5%;
(B) Tier 2 includes all
			 manufacturers with a market share greater than or equal to 1% but less than
			 5%;
(C) Tier 3 includes all
			 manufacturers with a market share greater than or equal to 0.1% but less than
			 1%;
(D) Tier 4 includes all
			 manufacturers with a market share greater than or equal to 0.03% but less than
			 0.1%;
(E) Tier 5 includes all
			 manufacturers with a market share greater than or equal to 0.01% but less than
			 0.03%;
(F) Tier 6 includes all
			 manufacturers with a market share less than 0.01% that equates to 50 or more
			 units.
(G) Tier 7 includes all
			 manufacturers with a market share that equates to less than 50 units.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0200 - Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Preliminary
			 determination. Beginning in 2013 and each year thereafter, DEQ will make a
			 preliminary determination of each manufacturer's market share and fee tier for
			 that fiscal year and notify each manufacturer of that determination.
(2) Change requests. Each manufacturer will
			 have 30 days to request changes to the preliminary market share and fee tier
			 determination. A manufacturer requesting a change must provide DEQ the relevant
			 information the manufacturer believes supports the change and any other
			 information requested by DEQ to evaluate the requested change.
(3) Final determination. After the 30-day
			 period described in section (2), DEQ will make a final determination of each
			 manufacturer's market share and fee tier and notify each manufacturer of that
			 determination. In making the final market share and fee tier determinations,
			 DEQ will use the best available information as determined by DEQ including any
			 relevant information provided by manufacturers under section (2).
Stat Auth: ORS 468.020, 468.065 & 459A.345
Stats. Implemented: ORS
				  459A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0300 - Requirements for a Drug Take-Back Program Plan and Updated Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may require
			 a proposed drug take-back program plan and updated program plan submitted under
			 ORS
			 459A.209 to include the Oregon Board of Pharmacy registration number issued for each
			 covered manufacturer participating in the proposed drug take-back program, or a
			 statement that the manufacturer is not required to register with the Oregon
			 Board of Pharmacy.
(2) For purposes
			 of ORS
			 459A.209(4),
			 reasonably convenient and equitable access to all residents includes access for
			 minority, lower-income, rural and other historically underserved
			 communities.
(3) A proposed drug
			 take-back program plan and updated program plan submitted under ORS
			 459A.209 must include a goal for fostering public awareness in minority, lower-income,
			 rural and other historically underserved communities.
Statutory/Other Authority: HB 3273 (2019), ORS
				  468.020, ORS
				  468.065,
				  ORS
				  459A.266 & HB3273
				  (2019)
Statutes/Other Implemented: HB 3273 (2019), ORS
				  459A.203,
				  ORS
				  459A.209,
				  ORS
				  459A.212,
				  ORS
				  459A.215,
				  ORS
				  459A.218,
				  ORS
				  459A.239,
				  ORS 459A.242 & HB 3273
				  (2019)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0350 - Services and Collection Events in Place of a Required Drop-Off Site

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether to grant a waiver under ORS
				459A.209(3),
				or to approve additional services and collection events in place of a drop-off
				site under ORS
				459A.218(3),
				DEQ will consider whether the program operator has demonstrated:
(1) Good faith efforts to solicit and enter
			 into agreements with potential authorized collectors in the affected county or
			 population center for which a waiver or DEQ approval is sought, such as through
			 outreach to identify, contact and engage with potential authorized
			 collectors;
(2) Why a drop-off site
			 cannot established or maintained in the affected county or population center,
			 including an explanation of any conditions for participation on which the
			 program operator or any potential authorized collector could not
			 agree;
(3) How the proposed
			 services and, as applicable, collection events will provide reasonably
			 convenient and equitable access to all residents in the affected county or
			 population center, and engagement with minority, lower-income, rural and other
			 historically underserved communities to help ensure this;
(4) Concurrence by the appropriate local
			 governments in the affected population center or county with the proposed
			 services and, as applicable, collection events, or an explanation of why the
			 program operator could not obtain such concurrence despite good faith
			 efforts;
(5) Commitment to solicit
			 potential authorized collectors for the affected county or population center on
			 at least an annual basis.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.065,
				  ORS
				  459A.266 & HB 3273
				  (2019)
Statutes/Other Implemented: ORS
				  459A.203,
				  ORS
				  459A.209,
				  ORS 459A, ORS
				  459A.212,
				  ORS
				  459A.215,
				  ORS
				  459A.218,
				  ORS
				  459A.239,
				  ORS 459A.242 & HB 3273
				  (2019)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0370 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ, on behalf of the Environmental Quality Commission, may
				undertake any action ORS
				459A.239 authorizes.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.065,
				  ORS
				  459A.266 & HB 3273
				  (2019)
Statutes/Other Implemented: ORS
				  459A.203,
				  ORS
				  459A.209,
				  ORS
				  459A.212,
				  ORS
				  459A.215,
				  ORS
				  459A.218,
				  ORS
				  459A.239,
				  ORS 459A.242 & HB 3273
				  (2019)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0390 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each program
			 operator must pay the fees in this rule to DEQ.
(2) Plan review fee.
(a) The plan review fee is $75,000.
(b) A program operator must pay the plan
			 review fee for each plan it submits under ORS
			 459A.209(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0400 - Annual Fee

Current through Register Vol. 63, No. 7, July 1, 2024
The stewardship organization will pay DEQ an annual fee as
				follows:
(1) The annual fee due on
			 July 1, 2024, is $205,000.
(2) The
			 annual fee due on July 1, 2025, and in subsequent years, is $200,000.
(3) Beginning July 1, 2026, DEQ may reduce
			 the fee in a given year if a lesser amount is adequate to cover program costs
			 for that year.
Statutory/Other Authority: Section 9(3) of SB 1576
				  (2022)
Statutes/Other Implemented: SB 1576
				  (2022)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0420 - Delegation of Authority to Determine Additional Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Under Section 6(5)(a)(B) of SB 1576 (2022), DEQ may require a
				stewardship organization to meet additional reporting requirements that DEQ
				determines by order that may be appropriate to avoid future
				violations.
Statutory/Other Authority: Section 6(5)(a)(B) of SB 1576
				  (2022)
Statutes/Other Implemented: SB 1576
				  (2022)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0440 - Stewardship Organization Submissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Goals
(a) For purposes of the mattress stewardship
			 program, reuse has the meaning provided by ORS
			 459.005(24).
(b) In establishing performance goals
			 pursuant to Section 4(1)(g) of SB 1576 (2022), a stewardship organization must:
(A) Establish annual goals; and
(B) Account for reuse when setting the
			 recycling rate goal.
(c)
			 When evaluating methods and processes used to achieve goals related to the
			 recycling rate in an annual report, a stewardship organization must report on
			 the number of mattresses directed for reuse.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0460 - Notification of Changes

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the notifications required by Section 7(3) of SB
				1576, a stewardship organization will notify DEQ no less than once per month,
				of the following changes to an approved plan:
(1) A change in the retailers that are
			 registered with a stewardship organization; or
(2) A change in the facilities managing
			 discarded mattresses for reuse, as part of the mattress stewardship
			 program.
Statutory/Other Authority: Section 7(3) of SB 1576 (2022)
				  & ORS 459.005
Statutes/Other Implemented: SB 1576
				  (2022)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS › Section 340-098-0480 - Website Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 stewardship organization must make any changes to required information on the
			 stewardship organization's website within three business days of the
			 stewardship organization learning of the change. If the stewardship
			 organization is unable to do so, the stewardship organization must notify DEQ
			 in writing and include a timeframe by which the update will occur.
(2) A stewardship organization must request
			 information from each collection site or event operator to provide on the
			 stewardship organization's website, including:
(a) The physical address of each collection
			 site or event;
(b) A phone number
			 for each collection site or event;
(c) The hours of operation for each
			 collection site or event; and
(d)
			 Physical or language accessibility considerations at a collection site or
			 event.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Environmental Quality finds that increasing quantities of
			 hazardous waste are being generated in Oregon. That waste, without adequate
			 safeguards, can create conditions that threaten public health and the
			 environment. It is therefore in the public interest to establish a
			 comprehensive program to provide for safely managing this waste.
(2) The purpose of the management program in
			 OAR chapter 340 divisions 100 to 110, 120, 124 and 142 is to control hazardous
			 waste from the time of generation through transportation, storage, treatment
			 and disposal. Toxics use reduction, hazardous waste reduction, hazardous waste
			 minimization, beneficial use, recycling and treatment are preferred over land
			 disposal. To this end, the Department intends to minimize the number of
			 disposal sites and to tightly control their operation.
(3) OAR chapter 340, divisions 100 to 106,
			 109, 111, 113, 120, 124 and 142 incorporate by reference, hazardous waste
			 management regulations of the federal program, included in 40 C.F.R. Parts 260
			 to 268, 270, 273 and Subpart A and Subpart B of Part 124, into Oregon
			 Administrative Rules. Therefore, a person must consult these parts of 40 C.F.R.
			 in addition to OAR chapter 340, divisions 100 to 106, 109, 111, 113, 120, 124
			 and 142, to determine all applicable hazardous waste management requirements.
(4) A secondary purpose of this
			 program is to obtain EPA Final Authorization to manage hazardous waste in
			 Oregon in lieu of the federal program.
Stat. Auth.: ORS 466.020, 466.075, 466.105, 466.195 &
				  468.020
Stats. Implemented: ORS 466.010, 466.035 &
				  465.006
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0002 - Adoption of United States Environmental Protection Agency Hazardous Waste and Used Oil Management Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise modified or specified by OAR 340, divisions 100 to 106, 109, 111,
			 113, 120, 124 and 142, the Commission adopts by reference, and requires every
			 person subject to ORS
			 466.005 to
			 466.080 and
			 466.090 to
			 466.215, to comply with the
			 rules and regulations governing the management of hazardous waste, including
			 its generation, transportation, treatment, storage, recycling and disposal, as
			 the United States Environmental Protection Agency prescribes in 40 C.F.R. Parts
			 260 to 268, 270, 273 and Subpart A and Subpart B of Part 124, as enacted
			 through July 30, 2020, except as modified below in sections (2), (3) and
			 (4).
(2) The Commission expressly
			 adopts only 40 C.F.R. §
									270.14(a) and §
								270.28 as amended in adoption of
			 63 Federal Register 56710 (c174), October 22, 1998.
(3) The Commission excludes from the rules
			 adopted in Section (1) of this rule, and does not adopt by reference
			 40 C.F.R. §
									266.504(d),
			  40 C.F.R. §
									260.2  and the
			 amendments to 40 C.F.R. Parts 124, 260 to 268, 270 and 273 as enacted at:
(a) 63 Federal Register 56710-56735 (c174),
			 October 22, 1998 (amendments to
			  40 C.F.R. § 264-265 and §270(1)(c));
(b) 69 Federal Register 21737-21754 (c204),
			 April 22, 2004;
(c) 69 Federal
			 Register 62217-62224 (c204.1), October 25, 2004;
(d) 73 Federal Register 57-72 (c216), January
			 2, 2008;
(e) 73 Federal Register
			 64668-64788 (c219), October 30, 2008;
(f) 73 Federal Register 77954-78017 (c221),
			 December 19, 2008;
(g) 79 Federal
			 Register 350-364 (c230), January 3, 2014;
(h) 80 Federal Register 1694-1814 (c233),
			 January 13, 2015; and
(i) 83
			 Federal Register 24664-24671 (c233), May 30, 2018.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0003 - Public Disclosure and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of this rule replace the
			 provisions of
			 40
			 C.F.R. §
									260.2.
(2) All records, reports, and information
			 submitted pursuant to the hazardous waste statutes, rules, and regulations are
			 open for public inspection and copying except as provided in sections (3) to
			 (7) of this rule. Provided however, that nothing in this rule is intended to
			 alter any exemption from public disclosure or public inspection provided by any
			 provision of ORS Chapter 192 or other Oregon law.
(3)
(a) A
			 person may claim the submitted records, reports, or information are a trade
			 secret in accordance with ORS
			 192.410 through
			 192.505 and
			 466.090.
(b) The Department will designate a Document
			 Control Officer for the purpose of receiving, managing, and securing
			 confidential information. The Document Control Officer will secure the
			 following information:
(A) Claimed trade
			 secret information until the claim is withdrawn by the submitter, determined
			 not to be confidential under section (6) of this rule, or
			 invalidated;
(B) Information
			 determined to be trade secret; and
(C) Any other information determined by court
			 order or other process to be confidential.
(c) All Uniform Hazardous Waste Manifest
			 information submitted on any required report under the hazardous waste
			 statutes, rules, and regulations is publicly available and is not subject to
			 trade secret confidentiality claims.
(d) The Department will deny confidentiality
			 claims for the name and address of any permit applicant or permittee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0004 - Table of Contents, Divisions 100 to 120

Current through Register Vol. 63, No. 7, July 1, 2024
The following Divisions including the incorporation of
				regulations in 40 C.F.R. Parts 260 to 268, 270 and 124, comprise the Oregon
				hazardous waste management program:
DIVISION - SUBJECT
:
100 - Hazardous Waste Management System: General.
101 - Identification and Listing of Hazardous Waste.
102 - Standards Applicable to Generators of Hazardous Waste.
103 - Standards Applicable to Transporters of Hazardous Waste.
104 - Standards for Owners and Operators of Hazardous Waste
				Treatment, Storage and Disposal Facilities.
105 - Management Facility Permits.
106 - Permitting Procedures.
109 - Management of Pesticide Wastes.
110 - Polychlorinated Biphenyls (PCBs).
120 - Additional Siting and Permitting Requirements for
				Hazardous Waste and PCB Treatment and Disposal Facilities.
124 - Standards Applicable to Dry Cleaning Facilities and Dry
				Stores.
142 - Oil and Hazardous Materials Emergency Response
				Requirements.
Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195  & 468
Stats. Implemented: ORS 466.020, 466.075, 466.105 &
				  466.195
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0005 - Public Availability of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request, the Department shall make
			 available Department records regarding facilities and sites for the treatment,
			 storage, and disposal of hazardous waste, in accordance with ORS 192.410 through 192.500.
(2) Within 20 days
			 of receipt of a request for records, under section (1) of this rule, the
			 Department shall either grant or deny the request. If the Department fails to
			 act within 20 days, the request shall be deemed to be denied.
(3) In the event that a request for records
			 is denied, the Department shall notify the requestor, in writing, of the basis
			 for the denial and of the requestor's right to appeal the denial to the
			 Attorney General of the State of Oregon, as provided in ORS 192.450.
(4) In the event that a claim of
			 confidentiality has been made, under OAR
			 340-100-0003,
			 and such claim cannot be resolved within 20 days of receipt of a request for
			 records, the Department shall notify the requestor within that 20-day period
			 that the request is denied until the claim of confidentiality can be
			 resolved.
(5) The Department shall
			 consider the reduction or waiver of any fees required to provide copies of
			 records, if the records are requested by the news media, a non-profit public
			 interest group, or any other person or entity, and the requestor provides a
			 written statement in support of reduction or waiver. The Department may reduce
			 or waive fees, if the Department determines that reduction or waiver serves the
			 public interest, taking into consideration the magnitude of the request, the
			 Department's resources, whether the information would not be obtainable by the
			 requestor without the reduction or waiver and any other factors relevant to the
			 public interest.
Stat. Auth.: ORS 183, 466 & 468
Stats. Implemented: ORS 192.410 - 192.505 &
				  466.090
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 in this rule modify, or are in addition to, the definitions contained in
			 40 C.F.R. §
									260.10 and as specified below.
(2) When used in divisions 100 to 110 and 120
			 of this chapter, the following terms have the meanings given below:
(a) "Administrator" means:
(A) The "Department", except as specified in
			 paragraph (2)(a)(B) or (C) of this rule;
(B) The "Commission," when used in
			 40 C.F.R. §§
											261.10 and
			 261.11; or
(C) The Administrator of the U.S.
			 Environmental Protection Agency, when used in
			  40 C.F.R. § 262.50.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0020 - Petitions, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 may petition the Department to approve an equivalent testing or analytical
			 method or may petition the Commission to exclude a waste produced at a
			 particular facility. This rule sets forth general requirements which apply to
			 all such petitions.
(2) Persons
			 submitting petitions shall comply with the requirements of
40 CFR 260.20
.
(3) After evaluating
			 all public comments, the Department or Commission as appropriate will make a
			 decision to grant or deny the petition. Persons commenting on the petition will
			 be notified and the decision placed in the public record.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020 &
				  468.020