reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0080 - Submittals, Approval, and Amendments for Waste Reduction Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For persons
			 within the State of Oregon, information required for approval of waste
			 reduction programs pursuant to OAR
			 340-091-0070  shall be submitted by the person before waste from that person may be accepted
			 by the disposal site.
(2) For
			 persons outside the State of Oregon, information required for approval of waste
			 reduction programs pursuant to OAR
			 340-091-0070  shall be submitted by the disposal site operator accepting waste from the
			 person. The site operator shall submit this information to the Department no
			 later than two years after the date when waste is first received from the
			 person at the site, pursuant to OAR
			 340-091-0035(4).
(3) Where the waste proposed to be disposed
			 of comes from more than one jurisdiction, information submitted for approval
			 shall cover all affected jurisdictions.
(4) The Department shall review the material
			 submitted in accordance with this rule, and shall approve the waste reduction
			 program within 60 days of completed submittal if sufficient evidence is
			 provided that the criteria set forth inORS 459.055, as further defined in OAR
			 340-091-0070,
			 are met.
(5) If the Department does
			 not approve the waste reduction program, the Department shall notify the
			 disposal site operator and, for persons within the State of Oregon, the persons
			 who participated in preparing the submittal material, based on written
			 findings. The procedure for review of this decision or correction of
			 deficiencies shall be the same as the procedure for decertification and
			 recertification set forth in OAR
			 340-091-0040.
(6) In order to demonstrate continued
			 implementation of the waste reduction program, by February 28 of each year,
			 information required in OAR
			 340-090-0100  and any solid waste management plan specifications as well as information in
			 OAR
			 340-091-0070(2)
 
			 must be submitted for the preceding calendar or fiscal year as specified by the
			 Department.
(7) If a person amends
			 a waste reduction program, any changes in the information previously reported
			 under this rule shall be reported to the Department. The Department shall
			 approve the amended program provided that the criteria set forth inORS
			 459.055as further defined in OAR
			 340-091-0070  are met.
Stat. Auth.:ORS 459A.025,ORS 459.045,ORS 459.305 &ORS
				  468.020
Stats. Implemented:ORS 459.055,ORS 459.340,ORS 459.345 &
				  ORS 468.220
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0005 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 340, divisions 93 through 97 is to
				prescribe requirements, limitations, and procedures for storage, collection,
				transportation, treatment and disposal of solid waste. All persons storing,
				collecting, transporting, treating and disposing of solid waste in this state
				are subject to the provisions of OAR chapter 340, division 93 ("General
				Provisions"), in addition to any other rules in OAR chapter 340, divisions 94,
				95, 96, and 97 governing the appropriate specific type of solid waste disposal
				site. This division also describes uniform procedures for permitting by the
				Department as prescribed in ORS 459.205 and 459.710 through
				459.790.
Stat. Auth.: ORS 459.005 - ORS 459.418
Stats. Implemented: ORS 459.005 & ORS
				  459.015
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Whereas inadequate solid waste collections, storage,
				transportation, treatment, recycling and disposal practices cause nuisance
				conditions, potential hazards to public health and safety and pollution of the
				air, water and land environment, it is hereby declared to be the policy of the
				Department of Environmental Quality to require effective and efficient solid
				waste collection and disposal service to both rural and urban areas and to
				promote and support comprehensive county or regional solid waste management
				planning, utilizing progressive solid waste management techniques, emphasizing
				recovery and reuse of solid wastes and insuring highest and best practicable
				protection of the public health and welfare and air, water and land resources.
				In keeping with the Oregon policy to retain primary responsibility for
				management of adequate solid waste programs with local government units (ORS
				459.015) and the Environmental Quality Commission's perception of Legislative
				intent under Chapter 773, Oregon Laws 1979, the Commission will look for, and
				expect, the maximum participation of local government in the planning, siting,
				development and operation of needed landfills. It is expected that local
				government will have carried out a good faith effort in landfill siting,
				including but not limited to public participation and Department assistance,
				before requesting the Department to site the landfill. Local government will be
				expected to assume or provide for responsibility in the ownership and operation
				of any Department/Commission sited landfill under anything but an extraordinary
				circumstance.
Stat. Auth.: ORS 459.005 - ORS 459.418 & ORS 459A.100 -
				  ORS 459A.120
Stats. Implemented: ORS
				  459.015
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0020 - State of Oregon Solid Waste Plan

Current through Register Vol. 63, No. 7, July 1, 2024
These rules constitute the State Solid Waste Plan for purposes
				of Section 4001 of the federal Resource Conservation and Recovery Act of 1976
				as amended by PL 96-482, until such time as an Integrated State Solid Waste
				Management Plan is developed pursuant to ORS 459A.020.
Stat. Auth.: ORS 459.005 - ORS 459.418 & ORS 459A.100 -
				  ORS 459A.120
Stats. Implemented: ORS
				  459.046
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 340, divisions 93, 94, 95, 96 and 97
				unless otherwise specified:
(1)
			 "Acceptable Risk Level" has the meaning as defined in OAR 340-122-0115  of the
			 Hazardous Substance Remedial Action Rules.
(2) "Access Road" means any road owned or
			 controlled by the disposal site or waste tire storage site owner that
			 terminates at the disposal site or waste tire storage site and that provides
			 access for users between the disposal site or waste tire storage site entrance
			 and a public road.
(3)
			 "Agricultural Waste" means waste on farms resulting from the raising or growing
			 of plants and animals including but not limited to crop residue, manure, animal
			 bedding, and carcasses of dead animals.
(4) "Agricultural Composting" means
			 composting conducted by an agricultural operation (as defined in ORS
			 467.120(2)(a)
			 on lands used for farming (as defined in ORS
			 215.203).
(5) "Agronomic Application Rate" means land
			 application of no more than the optimum quantity per acre of compost, sludge or
			 other materials. In no case may such application adversely impact the waters of
			 the state. Such application must be designed to:
(a) Provide the amount of nutrient, usually
			 nitrogen, needed by crops or other plantings, to prevent controllable loss of
			 nutrients to the environment;
(b)
			 Condition and improve the soil comparable to that attained by commonly used
			 soil amendments; or
(c) Adjust soil
			 pH to desired levels.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0040 - Prohibited Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person shall dispose of or authorize the disposal of solid waste except at a
			 solid waste disposal site or waste tire storage site permitted by the
			 Department to receive that waste, or at a class of disposal site or waste tire
			 storage site specifically exempted by OAR 340-093-0050(5)  from the requirement
			 to obtain a solid waste permit.
(2)
			 Wastes prohibited from disposal at solid waste disposal sites or waste tire
			 storage sites:
(a) Hazardous Wastes. Wastes
			 defined as hazardous wastes must be managed in accordance with ORS
			 466.005 et seq. and applicable
			 regulations;
(b) Hazardous Wastes
			 from Other States. Wastes which are hazardous under the law of the state of
			 origin shall not be managed at a solid waste disposal site or waste tire
			 storage site when transported to Oregon. Such wastes may be managed at a
			 hazardous waste facility in Oregon if the facility is authorized to accept the
			 wastes pursuant to ORS
			 466.005 et seq. and applicable
			 regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0050 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided by OAR 340-093-0050(5), no person may establish, operate, maintain
			 or substantially alter, expand, improve or close a disposal site or waste tire
			 storage site, and no person may change the method or type of disposal at a
			 disposal site or waste tire storage site, until the person owning or
			 controlling the disposal site or waste tire storage site obtains a permit
			 therefore from the Department.
(2)
			 Persons owning or controlling the following classes of disposal sites must
			 comply with the requirements in the following rules:
(a) Municipal solid waste landfills must
			 comply with OAR 340, division 94 "Municipal Solid Waste Landfills";
(b) Industrial Solid Waste Landfills,
			 Construction and Demolition Landfills, Wood Waste Landfills and other
			 facilities not listed in OAR 340, division 96 must comply with OAR 340,
			 division 95 "Land Disposal Sites Other Than Municipal Solid Waste
			 Landfills";
(c) Energy recovery
			 facilities and incinerators receiving domestic solid waste must comply with OAR
			 340, division 96 "Special Rules Pertaining to Incineration";
(d) Composting facilities must comply with
			 OAR 340-096-0060  through 340-096-0150: "Special Rules Pertaining to
			 Composting."
(e) Land used for
			 deposit, spreading, lagooning or disposal of sewage sludge, septage and other
			 sludges must comply with OAR 340-096-0030"Special Rules Pertaining to Sludge
			 and Land Application Disposal Sites";
(f) Transfer stations and Material Recovery
			 Facilities must comply with OAR 340-096-0040"Transfer Stations and Material
			 Recovery Facilities";
(g) Petroleum
			 contaminated soil remediation facilities and all other solid waste treatment
			 facilities must comply with OAR 340-096-0050"Solid Waste Treatment
			 Facilities"; and
(h) Conversion
			 technology facilities must comply with OAR 340-096-0160  to 340-096-0200"Conversion Technology Facilities."
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0060 - Letter Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to OAR
				340-093-0050(5),
				the Department may authorize the short-term operation of a disposal site by
				issuing a permit called "letter authorization" subject to the following:
(1) A letter authorization may be issued only
			 on the basis of a complete written application which has been approved by the
			 Department. Applications for letter authorizations shall be complete only if
			 they contain the following items:
(a) The
			 quantity and types of material to be disposed;
(b) A discussion of the need and
			 justification for the proposed project;
(c) The expected amount of time which will be
			 required to complete the project;
(d) The methods proposed to be used to insure
			 safe and proper disposal of solid waste;
(e) The location of the proposed disposal
			 site;
(f) A statement of approval
			 from the property owner or person in control of the property, if other than the
			 applicant;
(g) Written verification
			 from the local planning department that the proposal is compatible with the
			 acknowledged local comprehensive plan and zoning requirements or the Land
			 Conservation and Development Commission's Statewide Planning Goals;
(h) Any other relevant information which the
			 Department may require.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0070 - Applications for Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person wishing to obtain a new, modified, or renewal permit from the Department
			 must submit a written application on a form provided by the Department. The
			 Department must receive renewal applications at least 180 days before a permit
			 is needed. All other applications must be received 60 days before a permit is
			 needed. All application forms must be completed in full, signed by the
			 applicant or the applicant's legally authorized representative, and accompanied
			 by the specified number of copies of all required exhibits. The name of the
			 applicant must be the legal name of the owner of the facility or waste tire
			 carrier or the owner's agent or the lessee responsible for the operation and
			 maintenance of the facility or waste tire carrier.
(2) The Department will accept applications
			 for a permit only when complete, as detailed in OAR 340-093-0070 (3). Within 45
			 days after receipt of an application, the Department will conduct a preliminary
			 review of the application to determine the adequacy of the information
			 submitted. Failure to complete this review within 45 days does not preclude the
			 Department from later requesting further information from the applicant as
			 provided in this section.
(a) If the
			 Department determines that additional information is needed it will promptly
			 request the needed information from the applicant. The application will be
			 considered to be withdrawn if the applicant fails to submit the requested
			 information within 90 days of the request or such other time as the Department
			 establishes in writing.
(b) If
			 additional measures are necessary to gather facts regarding the application,
			 the Department will notify the applicant that such measures will be instituted,
			 and the timetable and procedures to be followed. The application will be
			 considered to be withdrawn if the applicant fails to comply with these
			 additional measures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0080 - Variances and Permit Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Variances. The Commission may by specific
			 written variance waive certain requirements of OAR 340, divisions 93 through 97
			 when circumstances of the solid waste disposal or waste tire storage site
			 location or waste tire carriers, operating procedures, and/or other conditions
			 indicate that the purpose and intent of OAR 340, divisions 93 through 97 can be
			 achieved without strict adherence to all of the requirements.
(2) Permit exemptions. Pursuant to OAR
			 340-093-0050(5), a person wishing to obtain an exemption from the requirement
			 to obtain a solid waste permit for disposal of an inert waste in specified
			 locations may submit a request to the Department. The applicant must
			 demonstrate that the waste is substantially the same as "clean fill." The
			 request shall include but not be limited to the following information:
(a) The exact location (including a map) at
			 which the waste is to be disposed of and a description of the surrounding
			 area;
(b) The monthly rate of
			 disposal;
(c) A copy of the
			 Material Safety Data Sheet (or equivalent, if a MSDS is not available) for all
			 applicable raw materials used at the facility generating the waste;
(d) A description of the process generating
			 the waste and how that process fits into the overall operation of the
			 facility;
(e) Documentation that
			 the waste is not hazardous as defined in OAR 340, division 101. The procedure
			 for making a hazardous waste determination is in OAR 340-102-0011;
(f) A demonstration that the waste is inert,
			 stable, non-putrescible, and physically similar to soil, rock, concrete, brick,
			 building block, tile, or asphalt paving;
(g) A demonstration that the waste will not
			 discharge constituents which would adversely impact the waters of the state or
			 public health.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0090 - Preliminary Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may issue written preliminary approval to any applicant for a Solid
			 Waste Disposal Permit, prior to submission of detailed engineering plans and
			 specifications, based on the material submitted in a site characterization
			 report(s) in accordance with the requirements of OAR
			 340-093-0070.
(2) The purpose of the preliminary review and
			 approval process is to inform the applicant of the Department's concerns, if
			 any, regarding the proposal and to provide guidance in the development of the
			 detailed plans and specifications required to complete the permit application.
			 Receipt of preliminary approval does not grant the applicant any right to begin
			 construction or operation of a disposal site.
(3) Request for preliminary approval shall be
			 made to the Department in writing. Within 45 days of receipt of such request,
			 the Department shall either grant or deny preliminary approval or request
			 additional information.
(4)
			 Granting of preliminary approval shall not prevent the Department from denying
			 or conditionally approving a completed permit application.
(5) If the Department denies preliminary
			 approval, it shall clearly state the reasons for denial. Failure to receive
			 preliminary approval shall not prevent an applicant from completing a permit
			 application. Any application completed after denial of preliminary approval
			 shall specifically address those concerns listed in the Department's letter of
			 denial.
Stat. Auth.: ORS 459
Stats. Implemented: ORS
				  459.245
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0100 - Public Notice and Participation Requirements Regarding Permit Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 has categorized permit actions according to environmental and public health
			 significance. Category 1 represents permit actions with low environmental and
			 public health significance and less public notice and opportunity for public
			 participation. Category 4 represents permit actions with potentially high
			 environmental and public health significance, and the greatest level of public
			 notice and opportunity for participation.
(2) OAR
			 340-093-0105  classifies permits as Category 1 through Category 4. If a permit action is
			 uncategorized, the permit action will be processed under Category 3. The
			 following describes the public notice and participation requirements for each
			 category:
(a) Category 1 - No public notice
			 or opportunity for public participation;
(b) Category 2 - The department will provide
			 public notice of the proposed permit action and a minimum of 30 days to submit
			 written comments.
(c) Category 3 -
			 The department will provide public notice of the proposed permit action and a
			 minimum of 35 days to submit written comments. The department will provide a
			 minimum of 30 days notice for a hearing if one is scheduled. The department
			 will schedule a hearing to allow interested persons to submit oral or written
			 comments if:
(A) Within 14 days of the
			 mailing of the notice, the department receives written requests from ten
			 persons, or from an organization representing at least ten persons, for a
			 hearing, or
(B) The department
			 determines that a hearing is necessary.
(d) Category 4 - Once an application is
			 considered complete under OAR
			 340-093-0070,
			 the department will:
(A) Provide public
			 notice of the receipt of a completed application and requested permitting
			 action; and
(B) Schedule an
			 informational meeting within the community where the facility will be or is
			 located and provide public notice of the meeting. The department will consider
			 any information gathered in this process when it drafts the proposed
			 permit.
(C) Once a draft permit is
			 completed, provide public notice of the proposed permit and a minimum of 40
			 days to submit written comments.
(D) Schedule a public hearing to allow
			 interested persons to submit oral or written comments and a minimum of 30 days
			 notice for the hearing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0105 - Categories for Permit Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Category 1:
(a) Waste Tire Carrier Permit
			 under 340-096-0260.
(b) Letter
			 Authorization under 340-093-0060.
(c) Modification to a permit that is
			 administrative in nature or does not alter permit conditions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0110 - Issuance or Denial of a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must take final action on
			 the permit application within 45 days of the close of the comment period. The
			 scheduling of a hearing and the consideration of comments will automatically
			 constitute good cause for an extension of time under ORS 459.245. The
			 Department will consider all timely received comments and any other information
			 obtained that may be pertinent to the permit action.
(2) Issuance of a permit: The Department may
			 adopt or modify the proposed provisions in the permit application. The
			 Department will promptly notify the applicant in writing of the final action as
			 provided in OAR
			 340-011-0525  and will include a copy of the permit. If the permit conditions are different
			 from those contained in the permit application, the notification will include
			 the reasons for the changes.
(3)
			 Denial of a permit: The Department will promptly notify the applicant in
			 writing of the final action as provided in OAR
			 340-011-0525.
			 If the Department denies a permit application, the notification will include
			 the reasons for the denial. The Department will deny the permit if:
(a) The application contains false
			 information.
(b) The Department
			 wrongfully accepted the application.
(c) The proposed disposal site would not
			 comply with OAR chapter 340, divisions 93 through 97 or other applicable rules
			 of the Department.
(d) The
			 proposal is not part of or not compatible with the adopted local solid waste
			 management plan, or
(e) There is
			 no clearly demonstrated need for the proposed new, modified or expanded
			 disposal site or for the proposed change in the method or type of disposal.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0113 - Department Initiated Modification of a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department determines it is appropriate to modify a
				permit, the Department will notify the permittee by registered or certified
				mail of the proposed modification and include them and the reasons for them.
				The modification will become effective upon mailing unless the permittee
				requests a hearing within 20 days. A request for hearing shall be made in
				writing and state the grounds for the request. The hearing will be conducted as
				a contested case hearing in accordance with ORS
				183.413-183.470 and OAR 340-011.
				If a hearing is requested, the existing permit continues in effect until a
				final order is issued.
Statutory/Other Authority: ORS
				  459A.025,
				  459.045,
				  468.020 & 459.785
Statutes/Other Implemented: ORS
				  459.245 &
				  459.715
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0115 - Termination or Revocation of a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Automatic Termination: A permit
			 automatically terminates when:
(a) The
			 Department issues a new permit for the same activity or operation;
(b) The permittee requests in writing that
			 the permit terminate, if the Department determines that a permit is no longer
			 needed; or
(c) The permittee fails
			 to timely submit an application for permit renewal.
(i) Termination is effective on the permit
			 expiration date.
(ii) A permit may
			 be reinstated only if the permittee applies for a new permit including the
			 associated fees pursuant to division 097.
(iii) All permit conditions will remain in
			 effect until such time as a new permit is issued by the Department. Failure by
			 a permittee to abide by the terms of any permit conditions will be a violation
			 of this provision.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0120 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Violations of OAR Chapter 340, Divisions 93 through 97 shall be
				punishable as provided in ORS Chapter 459 and pursuant to OAR Chapter 340,
				Division 12.
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.255, ORS 459.376, ORS 459.992  & ORS 459.995
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0130 - Site Characterization Report(s)

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the site characterization report(s) required by
				OAR
				340-093-0070(3)(e)  is to demonstrate that the proposed facility
				will be located in a suitable site and will use appropriate technology in
				design, construction and operation. The site characterization report(s) must
				describe existing site conditions and a conceptual engineering proposal in
				sufficient detail to determine whether the facility is feasible and protects
				the environment. Except as provided in OAR
				340-093-0070(4),
				the site characterization report(s) must include, but not be limited to, the
				following:
(1) Information on site
			 location and existing site conditions, including:
(a) A site location description, including a
			 location map and list of adjacent landowners;
(b) An Existing Conditions Map of the area
			 showing land use and zoning within 1/4 mile of the disposal site; and
(c) Identification of any siting limitations
			 and how those limitations will be addressed.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0140 - Detailed Plans and Specifications Required

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 340-093-0070(4):
(1) Any person applying for a solid waste
			 disposal or waste tire storage permit must submit plans and specifications
			 conforming with current technological practices, and sufficiently detailed and
			 complete so that the department may evaluate all relevant criteria before
			 issuing a permit. The plans and specifications must follow the organizational
			 format, and include the level of information detail, as required by the
			 department. The department may refuse to accept plans and specifications that
			 are incomplete and may request such additional information as it deems
			 necessary to determine that the proposed disposal or waste tire storage site
			 and site operation will comply with all pertinent rules of the
			 department.
(2) Engineering plans
			 and specifications submitted to the department must be prepared and stamped by
			 a professional engineer with current Oregon registration.
(3) If in the course of facility construction
			 any person desires to deviate significantly from the approved plans, the
			 permittee must submit a detailed description of the proposed change to the
			 department for review and approval prior to implementation. If the department
			 deems it necessary, a permit modification must be initiated to incorporate the
			 proposed change.
Statutory/Other Authority: ORS 459
Statutes/Other Implemented: ORS
				  459.015 &
				  459.205(1)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0150 - Construction Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 340-093-0070(4):
(1) The department may require, upon
			 completion of major or critical construction at a disposal site or waste tire
			 storage site, that the permittee submit to the department a final project
			 report signed by the project engineer or manager as appropriate. The report
			 must certify that construction has been completed in accordance with the
			 approved plans including any approved amendments thereto.
(2) If any major or critical construction has
			 been scheduled in the plans for phase development subsequent to the initial
			 operation, the department may require that the permittee submit additional
			 certification for each phase when construction of that phase is
			 completed.
(3) Solid waste may not
			 be disposed of in any new waste management unit (such as a landfill cell) of a
			 land disposal site unless/until the permittee has received prior written
			 approval from the department of the required engineering design, construction,
			 Construction Quality Assurance, operations, and monitoring plans. Only after
			 the department has accepted a construction certification report prepared by an
			 independent party, certifying to the department that the unit was constructed
			 in accordance with the approved plans, may waste be placed in the unit. If the
			 department does not respond to a certified construction certification report
			 within 30 days of its receipt, the permittee may proceed to use the unit for
			 disposal of the intended solid waste.
Statutory/Other Authority: ORS
				  459.045,
				  459A.025 & 468.020
Statutes/Other Implemented: ORS
				  459.015 & 459.205 -
				  459.245
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0160 - Place for Collecting Recyclable Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All solid waste permittees shall ensure
			 that a place for collecting source separated recyclable material is provided
			 for every person whose solid waste enters the disposal site. The place for
			 collecting recyclable material shall be located either at the disposal site or
			 at another location more convenient to the population served by the disposal
			 site.
(2) Any disposal site that
			 identifies a more convenient location for the collection of recyclable
			 materials as part of providing the opportunity to recycle shall provide
			 information to users of the disposal site about the location of the recycling
			 collection site, what recyclable materials are accepted and hours of
			 operation.
(3) Exemption. Any
			 disposal site meeting one of the following criteria is not required to provide
			 a place for collecting source separated recyclable material:
(a) Receives only feedstocks for composting;
			 or
(b) Does not receive source
			 separated recyclable material; or
(c) Does not receive solid waste containing
			 recyclable material.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0170 - Cleanup Materials Contaminated with Hazardous Substances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
(a) For the purposes of this rule, "cleanup
			 materials contaminated by hazardous substances" such as petroleum contaminated
			 soils include only those materials which are not hazardous wastes as defined by
			 ORS 466.005;
(b) This rule applies
			 to cleanup materials contaminated with hazardous substances when such materials
			 are removed from the site of contamination for treatment and/or disposal
			 elsewhere. It does not apply to activities governed under ORS Chapters 465 or
			 466.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0210 - Storage and Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General Requirements. Storage and collection of solid waste shall be conducted
			 in a manner to prevent:
(a) Vector production
			 and sustenance;
(b) Conditions for
			 transmission of diseases to man or animals;
(c) Hazards to service or disposal workers or
			 to the public;
(d) Air
			 pollution;
(e) Water pollution or
			 allow escape of solid wastes or contaminated water to public waters;
(f) Objectionable odors, dust, unsightliness,
			 aesthetically objectionable conditions or other nuisance conditions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0220 - Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Collection and
			 Transfer Vehicles Construction and Operation:
(a) Solid waste collection and transfer
			 vehicles and devices shall be constructed, loaded and operated so as to prevent
			 dropping, leaking, sifting, or blowing or other escapement of solid waste from
			 the vehicle;
(b) Collection and
			 transfer vehicles and devices carrying loads which are likely to blow or fall
			 shall have a cover which is either an integral part of the vehicle or device or
			 which is a separate cover of suitable materials with fasteners designed to
			 secure all sides of the cover to the vehicle or device and shall be used while
			 in transit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0250 - Landfill Siting: Request for DEQ Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city or county responsible for
			 implementing a Department approved Solid Waste Management Plan which identifies
			 the need for a landfill may request assistance from the Department in
			 establishing a landfill under ORS 459.047.
(2) Applications for requests for assistance
			 in siting landfills under ORS 459.047 shall be in the form of a letter signed
			 by the governing body of the city or county with attachments as necessary to
			 fully describe the need and justification for the request, need for the site as
			 outlined in the Department approved Solid Waste Management Plan and types of
			 assistance required.
(3) When the
			 request for assistance includes Department siting of the landfill under ORS
			 459.047, exhibits and information shall be submitted which document the
			 following:
(a) The local government has an
			 adopted, Department approved Solid Waste Management Plan which identifies the
			 need for a landfill;
(b) The local
			 government has reevaluated the plan in consultation with the Department and has
			 confirmed that siting a landfill in the immediate future is still
			 needed;
(c) An explanation of why
			 the local government is unable to proceed successfully to site the landfill,
			 including a discussion of progress to date and the obstacles to be
			 overcome;
(d) All pertinent
			 reports, plans, documents and records relative to the siting process to date
			 will be made available to the Department at the Department's request;
(e) The local government has carried out a
			 process for landfill siting (with technical assistance from the Department if
			 requested) including a minimum of the following:
(A) Alternative sites have been reviewed and
			 ranked as to adequacy and probable acceptability based upon locally developed
			 criteria and applicable laws and regulations;
(B) Information has been gathered on at least
			 the top ranked site sufficient to satisfy the requirements of the "site
			 characterization report(s)" provided for in OAR
			 340-093-0130.
			 Certain requirements of the "site characterization report(s)" may be waived,
			 for the purpose of this section, by the Department upon a demonstration of
			 prohibitive cost or legal constraint;
(C) A public participation process, including
			 the use of a citizens advisory committee or other approach which provides for
			 public access, review and input has been carried out in the siting
			 process.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0260 - Beneficial Use of Solid Waste

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-093-0260 through
				340-093-0290 establish criteria and procedures for determining if the use of a solid waste
				is a beneficial use. OAR
				340-093-0270 lists approved standing beneficial uses of solid waste. The Department may
				approve case-specific beneficial uses of solid waste according to the criteria
				and procedures in OAR
				340-093-0280 and
				340-093-0290.
(1) A beneficial use determination is not
			 needed for the:
(a) Disposal of solid waste
			 that is exempt from permit requirements under OAR, chapter 340, divisions 93 or
			 96; or
(b) Recycling of a
			 recyclable material under the Recycling and Waste Reduction Rules, OAR chapter
			 340, divisions 90 and 91.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0270 - Standing Beneficial Use Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
A person may manage solid waste according to a standing
				beneficial use determination listed in section (5) without contacting the
				Department's Solid Waste Program for approval if the person complies with the
				requirements of this rule.
(1) A
			 person managing solid waste as a standing beneficial use must:
(a) Manage the material until the time it is
			 used for its approved beneficial use, including any storage, transportation, or
			 processing, so as to prevent releases to the environment or nuisance
			 conditions;
(b) Use the material
			 consistent with applicable engineering standards, commercial standards, and
			 agricultural or horticultural practices;
(c) Ensure that hazardous substances in the
			 material meet one of the criteria in this subsection,
(A) Do not significantly exceed the
			 concentration in a comparable raw material or commercial product,
(B) Do not exceed naturally occurring
			 background concentrations, or
(C)
			 Will not exceed acceptable risk levels, including evaluation of persistence and
			 potential bioaccumulation, when managed according to a beneficial use
			 determination;
(d)
			 Ensure the use does not result in the increase of a hazardous substance in a
			 sensitive environment; and
(e) Use
			 the material in compliance with applicable federal, state, and local
			 regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0280 - Case-Specific Beneficial Use Performance Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may approve a beneficial use of a solid waste
				that meets the criteria of this rule.
(1) The applicant has characterized the solid
			 waste and use sufficiently to demonstrate compliance with this rule.
(2) The use is productive, including:
(a) There is an identified or reasonably
			 likely use for the material that is not speculative;
(b) The use is a valuable part of a
			 manufacturing process, an effective substitute for a valuable raw material or
			 commercial product, or otherwise authorized by the Department and does not
			 constitute disposal; and
(c) The
			 use is in accordance with applicable engineering standards, commercial
			 standards, and agricultural or horticultural practices.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 93 - SOLID WASTE: GENERAL PROVISIONS › Section 340-093-0290 - Case-Specific Beneficial Use Review Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may apply to the Department for case-specific
				approval for the beneficial use of a solid waste that is not a standing
				beneficial use under OAR
				340-093-0270.
				A written application must include the information required under the tier in
				sections (1), (2), or (3) of this rule that is most appropriate for the level
				of Department review necessary to make a determination.
(1) Tier One, an application for the
			 beneficial use of a solid waste that does not contain hazardous substances
			 significantly exceeding the concentration in a comparable raw material or
			 commercial product and that will be used in a manufactured product, must
			 include:
(a) Name, address, and telephone
			 number of the applicant and the generator;
(b) Description of the material, manner of
			 generation, and estimated quantity to be used each year;
(c) A description of the proposed
			 use;
(d) A comparison of the
			 chemical and physical characteristics of the material proposed for use with the
			 material it will replace;
(e) A
			 demonstration of compliance with the performance criteria in OAR
			 340-093-0280  based on knowledge of the process that generated the material, properties of
			 the finished product, or testing; and
(f) Any other information the Department may
			 require to evaluate the proposal.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR Chapter
			 340, Division 94 applies to municipal solid waste landfills and their
			 appurtenances such as leachate management facilities, and to ash
			 monofills.
(2) The criteria adopted
			 in OAR
			 340-094-0010  apply to all municipal solid waste landfills which receive waste on or after
			 October 9, 1993, unless the landfill meets the following requirements for a
			 later effective date:
(a) For existing
			 municipal solid waste landfills or lateral expansions of municipal solid waste
			 landfills that meet the conditions of
40 CFR, §
											258.1(e)(2)
("small landfills"): the criteria apply if the landfill
			 receives waste on or after April 9, 1994;
(b) For new, existing or lateral expansions
			 of municipal solid waste landfills that meet the conditions in
40 CFR, §
											258.1(f)(1)
("very small landfills serving certain small
			 communities"): the criteria apply if the landfill receives waste on or after
			 October 9, 1997.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0010 - Adoption Of United States Environmental Protection Agency Municipal Solid Waste Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise modified or specified by OAR Chapter 340, Divisions 93 through 97,
			 the criteria for municipal solid waste landfills, prescribed by the United
			 States Environmental Protection Agency in  Title 40, CFR, Part 258, and any
			 amendments or technical corrections promulgated thereto as of January 1, 1996
			 August 1, 1997 are adopted by reference and prescribed by the Commission to be
			 observed by all persons who receive municipal solid waste and who are subject
			 to ORS 459.005 through 459.405 and 459A.
(2) Wherever there may be a discrepancy
			 between requirements in  40 CFR, Part 258  as adopted by the Commission and OAR
			 Chapter 340 Divisions 93 through 97, the more protective standard shall
			 apply.
Stat. Auth.:ORS 459.045,ORS 459A.100 -ORS 459A.120 &ORS
				  468.020
Stats. Implemented:ORS
				  459.046
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0020 - State Flexibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of
Title 40, CFR, Part 258
, shall apply even where the
			 Director is allowed to specify alternative schedules, procedures or designs,
			 unless an applicant or permittee can demonstrate to the Department's
			 satisfaction pursuant to section (2) of this rule that an alternative schedule,
			 procedure or design is at least as protective of the environment as the
			 provisions in
Part 258
or any more stringent requirements specified
			 in OAR Chapter 340, Divisions 93 through 97.
(2) The Director or his/her designate may
			 approve an alternative schedule, procedure or design, per the following
			 procedure:
(a) The applicant shall request in
			 writing a waiver from the specific requirement;
(b) The request shall include supporting
			 scientific documentation;
(c) The
			 approval is not valid until approved in writing by the Department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 94 - SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS › Section 340-094-0030 - Location Restrictions

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 location restrictions in
40 CFR, Part 258, Subpart B
.
			 Except as otherwise provided in OAR Chapter 340, Division 94, any person who
			 designs, constructs, maintains, or operates any municipal solid waste landfill
			 must do so in conformance with the location requirements of this
			 rule.
(2) Floodplains. No person
			 shall establish, expand or modify a landfill in a floodplain in a manner that
			 will allow the facility to restrict the flow of the base flood, reduce the
			 temporary water storage capacity of the floodplain, or result in washout of
			 solid waste so as to pose a hazard to human life, wildlife or land or water
			 resources.
(3) Endangered Species.
			 In addition to the requirements of
40 CFR, Part 258, Subpart B
, no
			 person shall establish, expand or modify a landfill in a manner that will cause
			 or contribute to the actual or attempted:
(a)
			 Harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing
			 or collecting of any endangered or threatened species of plants, fish, or
			 wildlife;
(b) Direct or indirect
			 alteration of critical habitat which appreciably diminishes the likelihood of
			 the survival and recovery of endangered or threatened species using that
			 habitat.