Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 93 - SOLID WASTE: GENERAL PROVISIONS
Section 340-093-0170 - Cleanup Materials Contaminated with Hazardous Substances
Universal Citation: OR Admin Rules 340-093-0170
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applicability:
(a) For the purposes of this rule, "cleanup
materials contaminated by hazardous substances" such as petroleum contaminated
soils include only those materials which are not hazardous wastes as defined by
ORS 466.005;
(b) This rule applies
to cleanup materials contaminated with hazardous substances when such materials
are removed from the site of contamination for treatment and/or disposal
elsewhere. It does not apply to activities governed under ORS Chapters 465 or
466.
(2) Management "hierarchy." Preferred management options for cleanup materials contaminated by hazardous substances are as follows:
(a)
First, use of alternative or resource recovery technologies where cross media
effects are well controlled, such as thermal desorption;
(b) Use of alternative technologies where
cross media effects are less easily controlled, such as biological treatment of
petroleum contaminated soils (bioremediation);
(c) Disposal at a permitted landfill using
best management practices;
(d) If
subsection (c) of this section is clearly impractical, or if local needs
require disposal at a facility without a liner and leachate collection system,
disposal at another permitted landfill pursuant to subsection (3)(d) of this
rule may be authorized by the Department.
(3) Landfill disposal:
(a) For the purpose of this rule, best
management practices shall be defined as a landfill meeting the design criteria
in40 CFR 258, Subpart D, or an alternate design approved by the
Department with a bottom lining system which performs equivalent to a composite
liner consisting of a 60 mil thickness geomembrane component and two feet of
soil achieving a maximum saturated hydraulic conductivity of 1 x 10-6
centimeters per second; and a leachate collection and treatment system designed
to maintain a leachate head of one foot or less;
(b) The land and facilities used for
disposal, treatment, transfer, or resource recovery of cleanup material
contaminated by hazardous substances, unless that activity is otherwise
regulated by the Department, shall be defined as a disposal site under ORS
459.005 and shall be subject to the requirements of OAR Chapter 340, Divisions
93 through 97, including permit requirements;
(c) Cleanup materials contaminated by
hazardous substances may be landfilled only in solid waste landfills authorized
by the Department to receive this type of material;
(d) To protect groundwater, the Department
may authorize an owner or operator of a landfill to receive cleanup materials
contaminated by hazardous substances if the following criteria are met:
(A) The landfill uses "best management
practices" as defined in this rule;
(B) A Special Waste Management Plan for the
facility pursuant to OAR
340-094-0040(11)(b)(J)
or
340-095-0020(3)(j)
is approved by the Department which specifically addresses the management of
the cleanup materials and requires, at a minimum, the following practices:
(i) The owner or operator of the landfill
maintains for the facility a copy of the analytical results of one or more
representative composite samples from the contaminated materials received for
disposal;
(ii) The owner or
operator maintains for the facility a record of the source, types, and volumes
of the contaminated materials received for disposal, and reports the sources,
types, and volumes received to the Department in a quarterly waste
report;
(iii)
Petroleum-contaminated soils, whenever possible, are incorporated into the
daily cover material unless such practice would increase risks to public health
or the environment; and
(iv) Any
other requirements which the Department deter-mines are necessary to protect
public health and the environment.
(e) The Department may authorize an owner or
operator of a landfill to receive cleanup materials contaminated by hazardous
substances for disposal at a landfill which does not meet the requirements of
subsection (d) of this section if:
(A) The
landfill accepts less than 1,000 tons or five percent of the total volume of
waste received, whichever is less, per year of cleanup material contaminated by
hazardous substances; or
(B) The
cleanup materials contain concentrations of hazardous substances which do not
exceed the cleanup levels approved by the Department for the site from which
the materials were removed; or
(C)
The Department determines that the total concentrations and the hazardous
characteristics of the hazardous substances in the cleanup materials will not
present a threat to public health or the environment at the disposal facility,
after considering the following factors:
(i)
The compatibility of the contaminated materials with the volumes and
characteristics of other wastes in the landfill;
(ii) The adequacy of barriers to prevent
release of hazardous constituents to the environment, including air, ground and
surface water, soils, and direct contact;
(iii) The populations or sensitive areas,
such as aquifers, wetlands, or endangered species, potentially threatened by
release of the hazardous substances;
(iv) The demonstrated ability of the owner or
operator of the facility to properly manage the wastes;
(v) Relevant state and federal policies,
guidelines and standards; and
(vi)
The availability of treatment and disposal alternatives.
(4) Procedures: A landfill owner or operator who wants to receive cleanup materials contaminated with hazardous substances shall apply to the Department for Hazardous Substance Authorization, including a Special Waste Management Plan for the materials to be received.
Stat. Auth.: ORS 459.045, ORS 459A.100 - ORS 459A.120 & ORS 468.020
Stats. Implemented: ORS 459.205 & ORS 459.235
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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