Current through Register Vol. 63, No. 3, March 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considered to be withdrawn if the applicant fails to submit the requested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considered to be withdrawn if the applicant fails to comply with these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.
(3)
An application for a new disposal site, waste tire storage or waste tire
carrier permit is complete only if it:
(a) Is
submitted on forms provided by the department, is accompanied by all required
exhibits, follows the organizational format and includes the level of
informational detail required by the Department, and is signed by the applicant
and property owner or person in control of the premises;
(b) Except for mobile disposal sites and
waste tire carriers, includes written recommendations of the local government
unit or units having jurisdiction with respect to a new or existing disposal
site or waste tire storage site, or alterations, expansions, improvements or
changes in method or type of disposal at a new or existing disposal site or
waste tire storage site. Such recommendations must include, but not be limited
to, a statement of compatibility with the acknowledged local comprehensive plan
and zoning requirements or the Land Conservation and Development Commission's
Statewide Planning Goals;
(c)
Identifies in list form, any other known or anticipated permits from the
Department or other governmental agencies;
(d) Includes payment of application fees as
required by OAR 340-097-0110 and 340-097-0120;
(e) Except for composting facilities, mobile
disposal sites, waste tire carriers and facilities exempt under OAR
340-093-0070(4), includes a site characterization report prepared in accordance
with OAR 340-093-0130, to establish a new disposal site or waste tire storage
site or to substantially alter, expand or improve a disposal site or waste tire
storage site or to make a change in the method or type of disposal at a
disposal site or waste tire storage site, unless the requirements of said site
characterization report have been met by other prior submittals;
(f) Except for composting facilities, waste
tire carriers and facilities exempt under OAR 340-093-0070 (4), includes
detailed plans and specifications as required by OAR 340-093-0140;
(g) For a new land disposal site:
(A) Includes a written closure plan that
describes the steps necessary to close all land disposal units at any point
during their active life under OAR 340-094-0110 to 340-094-0120 or 340-095-0050
to 340-095-0060; and
(B) Provides
evidence of financial assurance for the costs of closure of the land disposal
site and for post-closure maintenance of the land disposal site under OAR
340-094-0140 or 340-095-0090, unless the department exempts a non-municipal
land disposal site from this requirement under OAR 340-095-0090(2).
(h) For a new conversion
technology facility:
(A) A description of the
technology to be used at the facility including the types, sources, and amounts
of feedstocks to be processed, the processing methods, the materials produced
by the technology, the amounts of each product, the expected uses of the
products, the types of materials that the products of the conversion technology
facility are intended to replace, and how feedstocks, products, and other
materials will be stored;
(B) A
description of wastes expected to be produced by the facility including
amounts, biological, chemical and physical analyses, waste storage and
disposition of wastes;
(C) A
description of leachate, stormwater, and process water expected to be produced
at the facility, including information on the biological, chemical and physical
characterization of process water and leachate and the management of leachate,
stormwater, and process water;
(D)
A description of flammable gases and liquids and also hazardous wastes expected
to be produced by the facility, and how those materials will be managed;
and
(E) The methods that will be
used to minimize or exclude from feedstocks any materials that are detrimental
to the conversion technology process or resultant products.
(i) For any type of mobile
disposal site, includes an acknowledgement that before the mobile disposal site
establishes operation in a new location, the local government unit or units
having jurisdiction must provide a statement of compatibility with the
acknowledged local comprehensive plan and zoning requirements or the Land
Conservation and Development Commission's Statewide Planning Goals.
(j) For a new waste tire storage site:
(A) Address the requirements of ORS
459.730;
(B) Provide information required in OAR
340-096-0220 for the Department to determine the amount of financial assurance
required in order to issue a waste tire storage permit.
(C) Site design and operations plans, which
include:
(i) Anticipated maximum number of
passenger and/or truck tires and/or tire-derived materials to be stored at the
site for any given one year period;
(ii) Present and proposed method of disposal,
and timetable;
(iii) How the
facility will meet the technical tire storage standards in OAR 340-096-0230 for
both tires and tire-derived materials currently stored on the site, and tires
and tire-derived materials to be accepted;
(iv) Practices to reduce vector attraction
and minimize nuisance conditions; and
(v) Procedures and timeline for site closure,
including any phase-in of closure, removal of equipment and materials used to
operate and maintain the site, removal and proper disposal of all waste tires
and tire-derived materials from the site.
(k) Includes any other information the
department may deem necessary to determine whether the proposed disposal site,
waste tire storage site or waste tire carrier and the operation thereof will
comply with all applicable rules of the department.
(4) If the department determines that a
disposal site is a "low-risk disposal site" or is not likely to adversely
impact the waters of the State or public health, the department may waive any
of the requirements of OAR 340-093-0070 (3)(e) and (f), OAR 340-093-0150,
340-094-0060(2) and 340-095-0030(2). In making this judgment, the department
may consider the size and location of the disposal site, the volume and types
of waste received and any other relevant factor. The applicant must submit any
information the department deems necessary to determine that the proposed
disposal site and site operation will comply with all pertinent rules of the
department.
(5) If a local public
hearing regarding a proposed disposal site, waste tire storage site or waste
tire carrier has not been held and if, in the judgment of the department, there
is sufficient public concern regarding the proposed disposal site, waste tire
storage site or waste tire carrier, the department may, as a condition of
receiving and acting upon an application, require that such a hearing be held
by the county board of commissioners or county court or other local government
agency responsible for solid waste management, for the purpose of informing and
receiving information from the public.
(6) Permit modifications:
(a) An application for a permit modification
is required for:
(A) The sale or exchange of
the activity or facility; or
(B)
Any change in the nature of the activities or operations from those of the last
application including modification or expansion of the disposal site or waste
tire storage site, a change in the method or type of disposal or significant
change in waste tire carrier activities.
(b) An application for a permit modification
is complete only if it:
(A) Is submitted on
forms provided by the department, follows the organizational format and
includes the level of informational detail required by the department, and is
signed by the applicant and property owner or person in control of the
premises;
(B) Includes information
showing the reasons for the permit modification and any information needed to
document or explain the modification requested; and
(C) Includes updated information required to
be submitted for new permits in OAR 340-093-0070 (3), if required by the
Department. If the modification involves a substantial change in the scope or
operations of the disposal site, waste tire storage site or waste tire carrier,
the application must also include written recommendations from the local
government unit as required for new permits under OAR 340-093-0070
(3)(b).
(7)
Permit renewals:
(a) An application for a
permit renewal is required if a permittee intends to continue operation beyond
the permitted period. A complete renewal application must be filed at least 180
days before the existing permit expires. An application for a permit renewal is
complete only if it is submitted on forms provided by the department, follows
the organizational format and includes the level of informational detail
required by the department, and is signed by the applicant and property owner
or person in control of the premises.
(b) If the application for renewal involves a
substantial change in the scope or operations of the disposal site or waste
tire storage site, the application must also include written recommendations
from the local government unit as required for new permits under OAR
340-093-0070 (3)(b). The department may also require the submittal of updates
of the information required to be submitted for new permits in section OAR
340-093-0070 (3).
(c) If a
completed application for the renewal of a permit is filed with the department
in a timely manner before the expiration date of the permit, the permit does
not expire until the department takes final action on the renewal
application.
(d) If a completed
application for the renewal of a permit is not filed with the department in a
timely manner before the expiration date of the permit, the department may
require the permittee to close the site and apply for a closure permit under
OAR 340-094-0100 or 340-095-0050.
(8) Permits extended under OAR 340-093-0070
(7) remain fully effective and enforceable until the effective date of the new
permit.
