Current through Register Vol. 63, No. 3, March 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."
(3) Waste tire storage sites must comply with
OAR 340-096-0210 through 340-096-0240.
(4) Waste tire carriers must comply with OAR
340-096-0260 through 340-096-0290.
(5) Persons owning or controlling the
following classes of disposal sites are specifically exempted from the above
requirements to obtain a permit under OAR chapter 340, divisions 93 through 97,
but must comply with all other provisions of OAR chapter 340, divisions 93
through 97 and other applicable laws, rules, and regulations regarding solid
waste disposal:
(a) A facility authorized by a
permit issued under ORS
466.005 to
466.385 to store, treat or
dispose of both hazardous waste and solid waste;
(b) Disposal sites, facilities or disposal
operations operated under a permit issued under ORS
468B.050 if all applicable
requirements in OAR chapter 340, divisions 93 through 97 have been
met;
(c) A land disposal site used
exclusively for the disposal of clean fill, unless the materials have been
contaminated such that the department determines that their nature, amount or
location may create an adverse impact on groundwater, surface water or public
health or safety;
[NOTE: Such a landfill may require a permit from the Oregon
Division of State Lands. A person wishing to obtain a permit exemption for an
inert waste not specifically mentioned in this subsection may submit a request
to the department with such information as the department may require to
evaluate the request for exemption, under OAR 340-093-0080.]
(d) A site or facility that conducts solid
waste operations or activities that are limited to one or more of the
following, excluding a site or facility where the department determines that
the nature, amount or location of the materials or operations may constitute a
potential threat of adverse impact on the environment or public health:
(A) Using any amount of sewage sludge or
biosolids under a valid water quality permit issued under ORS
468B.050;
(B) Receiving source separated materials for
purposes of material recovery;
(C)
Receiving, storing, processing or grinding wood, including painted wood, from
construction and demolition and other activities to make a combustion fuel,
when that fuel is to be burned at a facility that is in compliance with air
quality rules;
(D) Receiving and
processing for recycling metal, cardboard, and other non-hazardous materials
that have been separated from solid waste at material recovery
facilities;
(E) Receiving or
processing plastics to make a feedstock for a conversion technology facility,
except the following plastics:
(i) Plastics
that have viable recycling markets and are acceptable in most Oregon curbside
recycling collection programs, or
(ii) Clean polyolefin film plastics
acceptable in commercial recycling programs;
(F) Receiving and storing used oil for
transfer to another facility for processing. The facility must accept and store
used oil in compliance with state and federal used oil regulations;
(G) Combusting fuels made in part from tire
chips or wood, including painted wood, when burned for energy recovery in
compliance with air quality rules;
(H) Transferring a container, including but
not limited to a shipping container, or other vehicle holding solid waste from
one mode of transportation to another (such as barge to truck); if:
(i) The container or vehicle is not available
for direct use by the general public;
(ii) The waste is not removed from the
original container or vehicle; and
(iii) The original container or vehicle does
not stay in one location longer than 72 hours, unless otherwise authorized by
the department.
(6) The Department may, in accordance with a
specific permit containing a compliance schedule, grant reasonable time for
solid waste disposal or waste tire storage sites or waste tire carriers to
comply with OAR chapter 340, divisions 93 through 97.
(7) If it is determined by the Department
that a proposed or existing disposal site or waste tire storage site is not
likely to create a public nuisance, health hazard, air or water pollution or
other environmental problem, the Department may waive any or all requirements
of OAR 340-093-0070, 340-093-0130, 340-093-0140, 340-093-0150, 340-094-0060(2)
and 340-095-0030(2) and issue a letter authorization in accordance with OAR
340-093-0060.
(8) Each person who
is required by OAR 340-093-0050 (1) through (4) and (7)to obtain a permit must:
(a) Make prompt application to the Department
therefore;
(b) Fulfill each and
every term and condition of any permit issued by the Department to such
person;
(c) Comply with OAR chapter
340, divisions 93 through 97;
(d)
Comply with the Department's requirements for recording, reporting, monitoring,
entry, inspection, and sampling, and make no false statements, representations,
or certifications in any form, notice, report, or document required thereby;
and
(e) Allow the Department or an
authorized governmental agency to enter the property under permit at reasonable
times to inspect and monitor the site and records as authorized by ORS
459.385,
459.272 and
459.760.
(9) Failure to conduct solid waste disposal
or waste tire storage or waste tire carrier requirements according to the
conditions, limitations, or terms of a permit or OAR chapter 340, divisions 93
through 97, or failure to obtain a permit is a violation of OAR chapter 340,
divisions 93 through 97 and may be cause for the assessment of civil penalties
for each violation as provided in OAR chapter 340, division 12 or for any other
enforcement action provided by law. Each and every day that a violation occurs
is considered a separate violation and may be the subject of separate
penalties.
Statutory/Other Authority: ORS
459A.025,
459.045,
468.020 & 459.705 to
459.760
Statutes/Other Implemented: ORS
459.205,
459.215 &
459.225