Current through Register Vol. 63, No. 3, March 1, 2024
(1) A
disposal site operator shall notify the Department before accepting a single
shipment or the first of multiple shipments of solid waste from a source
outside Oregon anticipated to exceed the following amounts of solid waste:
(a) Solid waste (other than separate
industrial waste) generated within any single local government unit if the site
operator anticipates receiving more than 10,000 tons per year of such wastes.
For purposes of this rule, petroleum-contaminated soils are considered
"industrial waste";
(b) Separate
industrial waste from a person other than a local government if the site
operator anticipates receiving more than 75,000 tons per year of such
waste.
(2) For separate
industrial waste received from a person other than a local government when a
site operator does not originally anticipate receiving more than 75,000 tons in
a calendar year:
(a) The site operator shall
notify the Department when the landfill has received 60,000 tons of any
separate industrial waste in a calendar year. The notification shall be
received by the Department within one week of when the cumulative total of that
waste for the year reached 60,000 tons;
(b) If a site operator later adjusts the
estimated tonnage to be over 75,000 tons for any calendar year, the site
operator shall notify the Department as soon as the permittee receives
information that that threshold is likely to be exceeded. The site operator
shall in any case notify the Department before the cumulative amount of the
separate industrial waste received by the site first exceeds 75,000 tons in any
calendar year.
(3) The
notification required by sections (1) and (2) of this rule shall:
(a) Be in writing. Facsimile transmittal is
acceptable if it is addressed to a person designated by the
Department;
(b) Be received by the
Department before the first shipment of solid waste from that source is
received at the disposal site, except as provided in section (2) of this rule.
Receipt of the notification by the Department on the day the waste is first
received is acceptable;
(c) Contain
the following information:
(A) Name and
address of the disposal site;
(B)
Name and telephone number of the contact person at the disposal site;
(C) Name and address of, or identifying
number and city or county and state of origin of, the generator of the solid
waste;
(D) If the generator is not
a local government unit, the name of the person responsible for solid waste
management in the area from which the solid waste originates;
(E) Type and description of waste;
(F) Anticipated annual tonnage to be received
of each type of waste;
(G) Expected
date on which the first shipment of waste will be received. For waste subject
to subsection (2)(a) of this rule, this date need not be provided. For waste
subject to subsection (2)(b) of this rule, the date when waste was first
received at the site shall be given;
(H) Any other information required by the
Department relative to approval of a waste reduction program.
(4) Within two years of
the date when waste subject to the notification requirements in subsection
(1)(b) or (2)(b) of this rule is first received at a site, the site operator
shall submit information to the Department to demonstrate that a waste
reduction program is being implemented pursuant toORS 459.055(3) and OAR
340-091-0070
for persons from whom more than 75,000 tons of solid waste are anticipated to
be received annually.
(5) The site
operator shall be responsible for tracking the two-year time period within
which information must be submitted to the Department to demonstrate compliance
with section (4) of this rule. The "date when waste is first received at the
site" shall apply to the first calendar year in which the waste received
exceeds the 75,000-ton threshold, and shall be the date in that year when the
first shipment of the subject waste is received by the disposal site.
(6) Reporting. A site operator shall report
to the Department in the site's quarterly operations report, as follows:
(a) For out-of-state waste received from a
person for the first time after September 9, 1995 and subject to the
demonstration in section (4) of this rule:
(A) The person and/or urbanized area from
which the waste originates, and its tonnage for the reporting period. For
separate industrial wastes an identification number and state of origin may be
used for identification purposes; and
(B) The date when the waste is first received
at the site from each affected person. This requirement shall not apply after
the Department has approved the waste reduction program.
(b) If a site receives separate industrial
waste or other special waste in amounts which are anticipated to be less that
75,000 tons a year from a person or persons located outside of Oregon: the
total tonnage, by state of origin, of such waste received during the reporting
period, beginning with the July-September 1996 quarter.
Stat. Auth.:ORS 459A.025,ORS 459.045 &ORS 468.020
Stats. Implemented:ORS 459.055,ORS 459.305,ORS 459A.005 -ORS
459A.085 &ORS 468.220