Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 93 - SOLID WASTE: GENERAL PROVISIONS
Section 340-093-0280 - Case-Specific Beneficial Use Performance Criteria
Universal Citation: OR Admin Rules 340-093-0280
Current through Register Vol. 63, No. 3, March 1, 2024
The Department may approve a beneficial use of a solid waste that meets the criteria of this rule.
(1) The applicant has characterized the solid waste and use sufficiently to demonstrate compliance with this rule.
(2) The use is productive, including:
(a) There is an identified or reasonably
likely use for the material that is not speculative;
(b) The use is a valuable part of a
manufacturing process, an effective substitute for a valuable raw material or
commercial product, or otherwise authorized by the Department and does not
constitute disposal; and
(c) The
use is in accordance with applicable engineering standards, commercial
standards, and agricultural or horticultural practices.
(3) The use will not create an adverse impact to public health, safety, welfare, or the environment, including:
(a) The material is not a hazardous waste
under ORS 466.005;
(b) Until the
time a material is used according to a beneficial use determination, the
material must be managed, including any storage, transportation, or processing,
to prevent releases to the environment or nuisance conditions;
(c) Hazardous substances in the material meet
one of the criteria in this subsection,
(A)
Do not significantly exceed the concentration in a comparable raw material or
commercial product,
(B) Do not
exceed naturally occurring background concentrations; or
(C) Will not exceed acceptable risk levels,
including evaluation of persistence and potential bioaccumulation, when the
material is managed according to a beneficial use determination;
(d) The use will not result in the
increase of a hazardous substance in a sensitive environment;
(e) The use will not create objectionable
odors, dust, unsightliness, fire, or other nuisance conditions; and
(f) The use must comply with applicable
federal, state, and local regulations.
Stat. Auth.: ORS 459.045, 459.215, 459.235, 459.A025 & 468.065
Stats. Implemented: ORS 459.045, 459.215 & 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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