Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES
Section 340-104-0228 - Closure and Post-Closure Care of Surface Impoundments

(1) The provisions of40 CFR 264.228(a)(1), and (c)are deleted and replaced with the requirements of sections (2), (3) and (4) of this rule.

(2) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless40 CFR 261.3(d)applies.

NOTE:The state program is more stringent than the federal program in that it requires the removal of all wastes, etc., at closure whereas the federal program gives the option of closing with wastes left in place.

(3) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in section (2) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility in accordance with the closure requirements of40 CFR 264.228(a)(2)and perform post-closure care in accordance with the closure and post-closure care requirements of40 CFR 264.228(b).

(4)