Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0065 - Solid Waste Management Classification of Violations
Universal Citation: OR Admin Rules 340-012-0065
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Establishing or operating a disposal site
without first obtaining a registration or permit;
(b) Accepting solid waste for disposal in a
permitted solid waste unit or facility that has been expanded in area or
capacity without first submitting plans to DEQ and obtaining DEQ approval;
(c) Disposing of or authorizing
the disposal of a solid waste at a location not permitted by DEQ to receive
that solid waste;
(d) Violating a
lagoon freeboard limit that results in the overflow of a sewage sludge or
leachate lagoon;
(e) Accepting for
treatment, storage, or disposal at a solid waste disposal site, without
approval from DEQ, waste defined as hazardous waste, waste from another state
which is hazardous under the laws of that state, or wastes prohibited from
disposal by statute, rule, permit, or order;
(f) Failing to properly construct, maintain,
or operate in good functional condition, groundwater, surface water, gas or
leachate collection, containment, treatment, disposal or monitoring facilities
in accordance with the facility permit, DEQ approved plans, or DEQ rules;
(g) Failing to collect, analyze or
report groundwater, surface water or leachate quality data in accordance with
the facility permit, the facility environmental monitoring plan, or DEQ rules;
(h) Mixing for disposal or
disposing of recyclable material that has been properly prepared and source
separated for recycling;
(i)
Failing to establish or maintain financial assurance as required by statute,
rule, permit or order;
(j) Failing
to comply with the terms of a permit terminated due to a failure to submit a
timely application for renewal; or
(k) Operating a composting facility in a
manner that causes a discharge to surface water of pollutants, leachate or
stormwater when that discharge is not authorized by a NPDES permit.
(2) Class II:
(a) Failing to accurately report the amount
of solid waste disposed, by a permitted disposal site or a metropolitan service
district;
(b) Failing to timely or
accurately report the weight and type of material recovered or processed from
the solid waste stream;
(c)
Failing to comply with landfill cover requirements, including but not limited
to daily, intermediate, and final covers, or limitation of working face size;
(d) Operating a Household
Hazardous Waste (HHW) collection event or temporary site without first
obtaining DEQ approval or without complying with an approved plan for a HHW
collection event;
(e) Receiving or
managing waste in violation of or without a DEQ-approved Special Waste
Management Plan; or
(f) Unless
otherwise specifically classified, operating a composting facility in a manner
that fails to comply with the facility's registration, permit, DEQ-approved
plans or DEQ rules.
(3) Class III:
(a) Failing to post
required signs;
(b) Failing to
control litter;
(c) Failing to
notify DEQ of any name or address change; or
(d) Violating any labeling requirement under
ORS 459A.675-685.
Stat. Auth.: ORS 459.045 & 468.020
Stats. Implemented: ORS 459.205, 459.376, 459.995 & 468.090 - 468.140
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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