Current through Register Vol. 63, No. 3, March 1, 2024
(1) All composting facilities not exempted by
OAR 340-96-0060(3)(a) will be screened by the department under this rule to
determine whether the facility poses a risk to human health or the environment.
All facilities subject to this rule must provide to the department the
information described below. The department may require any additional
information the department considers necessary to evaluate the potential
environmental risks posed by a facility. All information must be submitted on
application forms provided by the department and include the screening fee
required by OAR
340-097-0120(3).
The application must be accompanied by all required exhibits using paper with
recycled content with copy printed on both sides of the paper whenever
possible, follow the organizational format and include the level of
informational detail required by the department, and be signed by the property
owner or person in control of the premises.
(a) Physical information, including:
(A) The location and site schematic,
including areas for management of leachate and stormwater, of the existing or
proposed composting facility by latitude and longitude, identified on a map;
(B) The location of the facility
on a tax lot map;
(C) The location
of and distance to surface water in the drainage area of the composting
facility, and all drainage channels, ditches and any other water conveyances
leading from the composting facility to surface water, identified on a map;
(D) Distance to the uppermost
groundwater aquifer and other known aquifers at the location of the composting
facility and in any areas proposed for infiltration of leachate or stormwater
from the composting facility;
(E)
Soil type or types, and permeability if known or available, at the location of
the composting facility and in any areas proposed for infiltration of leachate
or stormwater;
(F) The location
and well logs of all wells on the property where the composting facility is
located; the location and well logs of any wells within 1/4 mile of the
composting facility; and, if known, the location of any proposed wells within
1/4 mile of the composting facility;
(G) The locations of all commercial and
residential structures within a one mile radius of the composting facility,
identified on a map or photograph;
(H) The prevailing wind direction, by season,
identified on a map, and any other climactic information related to wind and
air movement;
(b)
Operational information, including:
(A) A
description of the composting operation including feedstock types, volumes and
sources; feedstock storage; any grinding, mixing or other preparation of
feedstocks, composting methods used; and the storage, processing, and uses of
composted material, digestate, biogas and other products or materials;
(B) A description of any leachate,
liquid digestate and stormwater produced at the facility, including information
about the physical, biological and chemical composition of leachate and liquid
digestate;
(C) A description of
all existing or planned structures and features for managing liquid digestate,
leachate and stormwater, including but not limited to information about any
detention or infiltration basins, and any infiltration structures such as
filter strips and bioswales;
(D)
If the facility is subject to the pathogen reduction requirements of OAR
340-096-0070(5),
a description of the methods the facility will use to achieve such pathogen
reduction;
(E) A description of
the methods the facility will use to achieve vector control;
(F) Any seasonal variances in the operation
of the facility;
(G) Contact
information including the facility operator, facility owner, and property
owner; and
(H) Operational and
compliance history of the facility.
(c) Information regarding other permits,
including any other known or anticipated permits from the department or other
governmental agencies. If previously applied for, include a copy of such permit
application and, if granted, a copy of such permit.
(d) A Land Use Compatibility Statement under
OAR 340 Division 18 and a statement that the facility is compatible with the
solid waste management plan for the jurisdiction.
(2) To conduct the evaluation under section
(3) of this rule, the department may require a composting facility to conduct
groundwater sampling or monitoring and provide analytical results to the
department.
(3) Based on
information provided by the operator, and any other information available to
the department, the department will evaluate the current and likely future
impact of the facility to human health and the environment. The department will
evaluate the degree to which a composting facility may present a risk of
adverse effects to surface water and groundwater, and the likelihood the
facility will create unacceptable odor problems.
(a) All composting facilities the department
determines present a low environmental risk must comply with OAR
340-096-0100:
Registration. Any requirements the department determines are necessary for a
facility to operate in compliance with OAR
340-096-0070:
Performance Standards will be incorporated into the registration Approval
Conditions under OAR
340-096-0100.
Approval Conditions may include any of the matters addressed in OAR
340-096-0090:
Operations Plan Approval. The department will consider a composting facility a
"low risk" facility if, based on the information provided under (1) and (2) of
this rule, the specific location of the facility, the feedstocks used, and the
operational and compliance history of the facility, owner, or operator, the
department determines:
(A) The facility is
not likely to cause discharge of leachate, liquid digestate, or leachate or
liquid digestate-contaminated stormwater to surface water;
(B) Infiltration of leachate, liquid
digestate, or stormwater from the facility will not cause a likely adverse
impact to soil, groundwater quality, or indirectly to surface water quality;
and
(C) The facility is not likely
to cause odor problems beyond the boundaries of the facility.
(b) All composting facilities the
department determines present a risk of potential adverse effects to surface
water, groundwater, or soil, or may create odor problems beyond the boundaries
of the facility, must comply with OAR
340-096-0090:
Operations Plan Approval. The department will consider a composting facility to
present a "risk of potential adverse effects" if, based on the information
provided under (1) and (2) of this rule, including but not limited to the
location of the facility; the design, structures, and operational requirements
necessary to meet the requirements of OAR
340-096-0070;
the feedstocks used, the operational and compliance history of the facility,
and the type of composting process used, the department determines:
(A) The composting facility presents a risk
of unpermitted releases of leachate or stormwater to surface water;
(B) The facility presents a risk of causing a
likely adverse impact to surface water or groundwater;
(C) The facility presents a risk of causing
an unacceptable adverse impact to soil; or
(D) The facility presents a risk of causing
odor problems beyond the boundaries of the facility.
(4) The department may at any time
reevaluate a composting facility under this rule and may assign a facility to a
different category under section (3) of this rule.
Stat. Auth.: ORS 459.045, 459A.025 & 468.020
Stats. Implemented: ORS 459.005, 459.015 &
459.205
