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Oregon Bulletin

October 1, 2013

Department of Environmental Quality, Chapter 340

Rule Caption: Conversion technology and anaerobic digestion facility performance standards and solid waste permit requirements

Adm. Order No.: DEQ 7-2013

Filed with Sec. of State: 8-29-2013

Certified to be Effective: 8-29-13

Notice Publication Date: 1-1-2013

Rules Adopted: 340-096-0160, 340-096-0170, 340-096-0180, 340-096-0190, 340-096-0200

Rules Amended: 340-064-0015, 340-064-0022, 340-064-0035, 340-064-0055, 340-093-0030, 340-093-0050, 340-093-0070, 340-093-0105, 340-093-0110, 340-093-0115, 340-095-0090, 340-095-0095, 340-096-0001, 340-096-0010, 340-096-0040, 340-096-0060, 340-096-0070, 340-096-0080, 340-096-0090, 340-096-0100, 340-096-0110, 340-096-0120, 340-096-0130, 340-096-0140, 340-096-0150, 340-097-0001, 340-097-0110, 340-097-0120

Subject: These rules establish performance standards and solid waste permit requirements for anaerobic digestion facilities and conversion technology facilities. The new standards and requirements: assure environmental protection; establish appropriate permitting requirements for anaerobic digesters and conversion technology facilities; establish an appropriate fee schedule for anaerobic digesters and the new conversion technology facility permit category; and provide regulatory certainty for emerging technology providers and DEQ staff.

   These rule also amend Oregon rules that exempting certain low-risk facilities from solid waste disposal permit requirements, composting and waste tire rules, correct references to solid waste rules and correct grammar.

   Conversion technology facilities use chemical or thermal processes to convert solid waste to chemicals, fuels or other products for use or resale. Examples of conversion technology include pyrolysis and gasification. Anaerobic digestion facilities use biological processes to digest solid waste and create methane that can be used to create electricity or transportation fuels. In many cases, processing solid waste through conversion technology facilities or anaerobic digesters is a more sustainable practice than landfilling or incinerating solid waste.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-064-0015

Waste Tire Storage Permit Required

(1) Except as provided by section (2) of this rule, no person shall establish, operate, maintain or expand a waste tire storage site until the person owning or controlling the waste tire storage site obtains a permit or permit modification/addendum therefor from the Department.

(2) Persons owning or controlling the following are exempted from the above requirement to obtain a waste tire storage permit, but shall comply with all other regulations regarding waste tire management and solid waste disposal:

(a) A person who stores fewer than 100 waste tires;

(b) A person who stores fewer than 200 cubic yards of tire-derived products;

(c) A tire retailer who stores not more than 1,500 waste tires for each retail business location;

(d) A tire retreader who stores not more than 3,000 waste tires for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading;

(e) A wrecking business who stores not more than 1,500 waste tires for each retail business location;

(f) Storage of tire-derived products packaged in closed plastic bags.

(3) Piles of tire-derived products are not subject to regulation as a waste tire storage site if the site actively consumes the following minimum tons of tire-derived products annually:

(a) For cement kilns: 1,500 tons;

(b) For pulp and paper mills: 1,500 tons.

(4) Manufacturers must obtain a waste tire storage permit if they are storing the following levels of tire-derived products:

(a) For manufacturers actively consuming crumb rubber: 400 tons, or over 50 percent of the manufacturer’s annual use of such materials;

(b) For manufacturers actively consuming other waste tire shreds or pieces: 100 tons or over 50 percent of the manufacturer’s annual use of such materials.

(5) The Department may exempt a site owned by a federal, state or local government unit from the requirement to obtain a waste tire storage permit for tire-derived products if the following conditions are met:

(a) The government unit wants to store tire-derived products for use in fulfilling an existing contract, and requests an exemption from the Department for the waste tire storage permit requirement;

(b) The quantity of tire-derived products to be stored does not exceed the estimated quantity specified in the contract plus ten percent to allow for changes or discrepancies;

(c) The length of time the tire-derived products are to be stored does not exceed six months; and

(d) The Department determines that such storage will not create an environmental risk.

(6) A permitted solid waste disposal site which stores more than 100 waste tires, is required to have a permit modification addressing the storage of tires from the Department.

(7) The Department may issue a waste tire storage permit in two stages to persons required to have such a permit by July 1, 1988. The two stages are a “first-stage” or limited duration permit, and a “second-stage” or regular permit.

(8) A person who wants to establish a new waste tire storage site shall apply to the Department at least 90 days before the planned date of facility construction. A person applying for a waste tire storage permit on or after September 1, 1988 shall apply for a “second-stage” or regular permit.

(9) A person who is using or wants to use over 100 waste tires for a beneficial use must request the Department to determine whether that use constitutes “storage” pursuant to OAR 340-064-0010(25), and is thus subject to the waste tire storage site permit requirement. The Department may recommend remedial actions which, if implemented, will eliminate any environmental risk which would otherwise be caused by a beneficial use of waste tires.

(10) Use of waste tires which is regulated under ORS 468B.070 or 196.800 through 196.905 and for which a permit has been acquired is not subject to additional regulation under OAR chapter 340, division 64.

(11) Failure to conduct storage of waste tires according to the conditions, limitations, or terms of a permit or these rules, or failure to obtain a permit is a violation of these rules and shall be subject to civil penalties as provided in OAR chapter 340, division 12 or to any other enforcement action provided by law. Each day that a violation occurs is a separate violation and may be the subject of separate penalties.

(12) No person shall advertise or represent himself/herself as being in the business of accepting waste tires for storage without first obtaining a waste tire storage permit from the Department.

(13) Failure to apply for or to obtain a waste tire storage permit, or failure to meet the conditions of such permit constitutes a nuisance.

Stat. Auth.: ORS 459.770 & 459.785

Stats. Implemented: ORS 459.705, 459.708, 459.710 & 457.715

Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 7-2013, f. & cert. ef. 8-29-13

340-064-0022

Financial Assurance

(1) The Department shall determine for each applicant the amount of financial assurance required under ORS 459.720(c) and OAR 340-064-0020(1)(b). The Department shall base the amount on the estimated cost of cleanup for the maximum number of waste passenger tire equivalents and/or tire-derived products allowed by the permit to be stored at the storage site or the estimated cost of fire suppression. The amount of financial assurance required for permittees storing waste tires as a beneficial use could be as low as $0 if the use meets applicable operational and storage standards in OAR 340-064-0035, and the Department determines that there will be no need to remove the tires. If the tire-derived products have a positive economic value and are actively being used or sold by the permittee, the Department may reduce or eliminate financial assurance for the tire-derived products.

(2) The Department will accept as financial assurance only those instruments listed in and complying with requirements in OAR 340-095-0095.

(3) The financial assurance shall be filed with the Department.

(4) The Department shall make any claim on the financial assurance within one year of any notice of proposed cancellation of the financial assurance.

Stat. Auth.: ORS 459.770 & 459.785

Stats. Implemented: ORS 459.720

Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 7-2013, f. & cert. ef. 8-29-13

340-064-0035

Standards for Waste Tire Storage Sites

(1) All permitted waste tire storage sites must comply with the technical and operational standards in this rule.

(2) The holder of a “first-stage” waste tire storage permit shall comply with the technical and operational standards in this part if the site receives any waste tires after the effective date of these rules.

(3) A waste tire storage site shall not be constructed or operated in a wetland, waterway, floodway, 25-year floodplain, or any area where it may be subjected to submersion in water.

(4) Operation. A waste tire storage site shall be operated in compliance with the following standards:

(a) An outdoor waste tire pile shall have no greater than the following maximum dimensions:

(A) Width: 50 feet;

(B) Area: 15,000 square feet;

(C) Height: 6 feet.

(b) A 50-foot fire lane shall be placed around the perimeter of each waste fire pile. Access to the fire lane for emergency vehicles must be unobstructed at all times;

(c) Waste tire piles shall be located at least 60 feet from buildings;

(d) Waste tires to be stored for one month or longer shall be ricked, unless the Department waives this requirement;

(e) The permittee shall operate and maintain the site in a manner which controls mosquitoes and rodents if the site is likely to become a public nuisance or health hazard and is close to residential areas;

(f) A sign shall be posted at the entrance of the storage site stating operating hours, cost of disposal and site rules if the site receives tires from persons other than the operator of the site;

(g) No operations involving the use of open flames or blow torches shall be conducted within 25 feet of a waste tire pile;

(h) An approach and access road to the waste tire storage site shall be maintained passable for any vehicle at all times. Access to the site shall be controlled through the use of fences, gates, or other means of controlling access;

(i) If required by the Department, the site shall be screened from public view;

(j) An attendant shall be present at all times the waste tire storage site is open for business, if the site receives tires from persons other than the operator of the site;

(k) The site shall be bermed or given other adequate protection if necessary to keep any liquid runoff from potential tire fires from entering waterways;

(l) If pyrolytic oil is released at the waste tire storage site, the permittee shall remove contaminated soil in accordance with applicable rules governing the removal, transportation and disposal of the material;

(m) In the case of tire fences, the following are also required:

(A) For vector control:

(i) Drilling a two-inch hole into each quadrant of the downside of each tire used in the fence; or

(ii) Filling each individual waste tire with dirt; or

(iii) Another treatment approved in advance by the Department.

(B) A 20-foot fire lane shall be maintained on land under control of the permittee along the entire length of the tire fence. Access to the fire lane for emergency vehicles must be unobstructed and clear of vegetation at all times;

(C) Weeds shall not be allowed to grow on or over the tire fence;

(D) A tire fence shall not be constructed wider than one tire width.

(n) In the case of waste tires stored for seasonal agricultural uses: During the annual period(s) during which the waste tires are not being used for the beneficial use, they shall be stored to meet the standards in this rule.

(5) Operational standards for storage of tire-derived products: the following standards must be met:

(a) The product pile shall have no greater than the following maximum dimensions:

(A) Width: 40 yards;

(B) Volume: 6,400 cubic yards;

(C) Height: 4 yards.

(b) A maximum of four piles of product are allowed on a site;

(c) Compliance with waste tire storage standards under section (3) and subsections (4)(b), (c), and (e) through (l) of this rule.

(6) The Department may impose additional storage requirements for an individual site which are reasonably necessary to protect the public health or the environment.

(7) Waste tires stored indoors shall be stored in compliance with Section 2509.1 of the 2010 Oregon Fire Code.

(8) The Department may approve exceptions to the preceding technical and operational standards for a company processing waste tires and/or storing tire-derived products if:

(a) The average time of storage for a waste tire and/or tire-derived products on that site is one month or less; and

(b) The Department and the local fire authority are satisfied that the permittee has sufficient fire suppression equipment and/or materials on site to extinguish any potential tire and tire chip fire within an acceptable length of time.

(9) The director may grant a variance to the technical and operational standards in this rule or the requirements of OAR 340-064-0025(3)(a) through (3)(c)(D) for a waste tire storage site in existence on or before January 1, 1988, or for a waste tire storage site using tires for a beneficial use. This may include certain requirements of these technical and operational standards when circumstances of the waste tire storage site location, operating procedures, and fire control protection indicate that the purpose and intent of these rules can be achieved without strict adherence to all of the requirements, or when the site is not receiving additional tires and is under a closure schedule approved by the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 459.770 & 459.785

Stats. Implemented: ORS 459.268, 459.710, 459.715 & 459.720

Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 7-2013, f. & cert. ef. 8-29-13

340-064-0055

Waste Tire Carrier Permit Required

(1) After January 1, 1989, any person engaged in picking up, collecting or transporting waste tires for the purpose of storage, processing or disposal is required to obtain a waste tire carrier permit from the Department.

(2) After January 1, 1989, no person shall collect or haul waste tires or advertise or represent himself/herself as being in the business of a waste tire carrier without first obtaining a waste tire carrier permit from the Department.

(3) The following persons are exempt from the requirement to obtain a waste tire carrier permit:

(a) Solid waste collectors operating under a license or franchise from any local government unit;

(b) A private individual transporting the individuals own waste tires to a processor or for proper disposal;

(c) A private carrier transporting the carriers own waste tires to a processor or for proper disposal;

(d) A person transporting fewer than five tires to a processor or for proper disposal;

(e) Persons transporting tire-derived products to a market;

(f) Persons transporting tire chips that meet the chipping standards in OAR 340-064-0052;

(g) The Unites States, the State of Oregon, any county, city, town or municipality in this state or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.

(4) A combined tire carrier/storage permit may be applied for by tire carriers:

(a) Who are subject to the carrier permit requirement; and

(b) Whose business includes or wants to establish a site which is subject to the waste tire storage permit requirement.

(5) The Department shall supply a combined tire carrier/storage permit application to such persons. Persons applying for the combined tire carrier/storage permit shall comply with all other regulations concerning storage sites and tire carriers established in these rules.

(6) Persons who want to transport waste tires for the purpose of storage, processing or disposal must apply to the Department for a waste tire carrier permit at least 90 days before beginning to transport the tires.

(7) Large trucking companies with 15 or more trucks in their fleet, whether leased or owned, may apply for a common carrier class waste tire carrier permit to haul waste tires.

(a) All waste tire carrier permit rules will apply, except for Sections (8)(a), (17), and (18) of this rule.

(b) Large trucking companies who apply for this permit must pay all application and compliance fees required in OAR 340-064-0063(9)(a) and in section (10) of this rule in addition to an annual permit fee of $375 applicable to companies operating 15 or more trucks.

(c) Cab decals are not required on trucks covered under this permit, however the common carrier class waste tire carrier permit must remain on file and must be available for review by the Department at the permittee’s principal Oregon office.

(d) Any truck in the company’s fleet may be used to haul waste tires as long as the company is in compliance with the common carrier class waste tire carrier permit.

(8) Applications shall be made on a form provided by the Department. The application shall include such information as required by the Department. It shall include but not be limited to:

(a) A description, license number and registered vehicle owner for each truck used for transporting waste tires;

(b) The PUC authority number under which each truck is registered;

(c) Where the waste tires will be stored, processed or disposed of;

(d) Any additional information required by the Department.

(9) A corporation which has more than one separate business location may submit one waste tire carrier permit application which includes all the locations. All the information required in section (8) of this rule shall be supplied by location for each individual location. The corporation shall be responsible for amending the corporate application whenever any of the required information changes at any of the covered locations.

(10) An application for a tire carrier permit shall include a $25 nonrefundable application fee and an annual compliance fee as listed in OAR 340-064-0063 or subsection (7)(b) of this rule, as applicable.

(11) An application for a combined tire carrier/storage permit shall include a $250 application fee, $50 of which shall be non-refundable, and an annual compliance fee as listed in OAR 340-064-0063. The rest of the application fee may be refunded in whole or in part when submitted with an application if either of the following conditions exists:

(a) The Department determines that no permit will be required;

(b) The applicant withdraws the application before the Department has granted or denied the application.

(12) The application for a waste tire carrier permit shall also include a bond in the sum of $5,000 in favor of the State of Oregon. In lieu of the bond, the applicant may submit financial assurance acceptable to the Department. The Department will accept as financial assurance only those instruments listed in and complying with requirements in OAR 340-095-0095.

(13) The bond or other financial assurance shall be filed with the Department and shall provide that:

(a) In performing services as a waste tire carrier, the applicant shall comply with the provisions of ORS 459.705 through 459.790 and of this rule; and

(b) Any person injured by the failure of the applicant to comply with the provisions of ORS 459.705 through 459.790 or this rule shall have a right of action on the bond or other financial assurance in the name of the person. Such right of action shall be made to the principal or the surety company within two years after the injury.

(14) Any deposit of cash, certificate of deposit, letter of credit, or negotiable securities submitted under sections (12) and (13) of this rule shall remain in effect for not less than two years following termination of the waste tire carrier permit.

(15) A waste tire carrier permit or combined tire carrier/ storage permit shall be valid for up to three years.

(16) Waste tire carrier permits shall expire on March 1. Waste tire carrier permittees who want to renew their permit must apply to the Department for permit renewal by January 1 of the year the permit expires. The application for renewal shall include all information required by the Department, and a permit renewal fee.

(17) A waste tire carrier permittee may add another vehicle to its permitted waste tire carrier fleet if it does the following before using the vehicle to transport waste tires:

(a) Submits to the Department:

(A) The information required in section (8) of this rule; and

(B) A fee of $25 for each vehicle added.

(b) Displays on each additional vehicle decals from the Department pursuant to OAR 340-064-0063(1)(b).

(18) A waste tire carrier permittee may lease additional vehicles to use under its waste tire carrier permit without adding that vehicle to its fleet pursuant to section (17) of this rule, under the following conditions:

(a) The vehicle may not transport waste tires when under lease for a period of time exceeding 30 days (short-term leased vehicles). If the lease is for a longer period of time, the vehicle must be added to the permittee’s permanent fleet pursuant to section (17) of this rule;

(b) The permittee must give previous written notice to the Department that it will use short-term leased vehicles;

(c) The permittee shall pay a $25 annual compliance fee in advance to allow use of short-term leased vehicles, in addition to any other fees required by sections (10), (11) and (17) of this rule, and OAR 340-064-0063(9) and (10);

(d) Every permittee shall keep a daily record of all vehicles leased on short term, with beginning and ending dates used, license numbers, PUC authority, PUC temporary pass or PUC plate/marker, and person from whom the vehicles were leased. The daily record must be kept current at all times, subject to verification by the Department. The daily record shall be maintained at the principal Oregon office of the permittee. The daily record shall be submitted to the Department each year as part of the permittee’s annual report required by OAR 340-064-0063(8);

(e) The permittee’s bond or other financial assurance required under section (12) of this rule must provide that, in performing services as a waste tire carrier, the operator of a vehicle leased by the permittee shall comply with the provisions of ORS 459.705 through 459.790 and of this rule;

(f) Each vehicle being used on a short-term lease basis by a permittee must carry a properly filled out cab card provided by the Department in the power vehicle at all times when hauling waste tires. Information on the cab card shall include the starting and ending dates of the short-term lease;

(g) The permittee is responsible for ensuring that a leased vehicle complies with OAR 340-064-0055 through 340-064-0063, except that the leased vehicle does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under lease to the permittee.

(19) A holder of a combined tire carrier/storage permit may purchase special block passes from the Department. A person located outside of Oregon who is a holder of a waste tire carrier permit issued by the Department may also purchase special block passes from the Department if he or she also holds a valid permit allowing storage of waste tires issued by the responsible state or local agency of that state, and if such permit is deemed acceptable by the Department. The block passes will allow the permittee to use a common carrier which does not have a waste tire carrier permit. Use of a block pass will allow the unpermitted common carrier to haul waste tires under the permittee’s waste tire carrier permit:

(a) Special block passes shall be available in sets of at least five, for a fee of $5 per block pass. Only a holder of a combined tire carrier/storage permit may purchase block passes. Any unused block passes shall be returned to the Department when the permittee’s waste tire permit expires or is revoked;

(b) The permittee is responsible for ensuring that a common carrier operating under a block pass from the permittee complies with OAR 340-064-0055 through 340-064-0063, except that the common carrier does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under the permittee’s block pass;

(c) A block pass may be valid for a maximum of ten days and may only be used to haul waste tires between the origin(s) and destination(s) listed on the block pass;

(d) A separate block pass shall be used for each trip hauling waste tires made by the unpermitted common carrier under the permittee’s waste tire permit. (A trip begins when waste tires are picked up at an origin, and ends when they are delivered to a proper disposal site(s) pursuant to OAR 340-064-0063(4));

(e) The permittee shall fill in all information required on the block pass, including name of the common carrier, license number, PUC authority if applicable, PUC temporary pass or PUC plate/marker if applicable, beginning and ending dates of the trip, address(es) of where the waste tires are to be picked up and where they are to be delivered, and approximate numbers of waste tires to be transported;

(f) Each block pass shall be in triplicate. The permittee shall send the original to the Department within five days of the pass’s beginning date, one copy to the common carrier which shall keep it in the cab during the trip, and shall keep one copy;

(g) The permittee shall be responsible for ensuring that any common carrier hauling waste tires under the permittee’s waste tire permit has a properly completed block pass;

(h) While transporting waste tires, the common carrier shall keep a block pass properly filled out for the current trip in the cab of the vehicle;

(i) An unpermitted common carrier may operate as a waste tire carrier using a block pass no more than three times in any calendar quarter. Before a common carrier may operate as a waste tire carrier more than three times a quarter, he or she must first apply for and obtain a waste tire carrier permit from the Department.

Stat. Auth.: ORS 468.020, 459.045 & 459.785

Stats. Implemented: ORS 459.708

Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 3-1997, f. & cert. ef. 3-7-97; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0030

Definitions

As used in OAR chapter 340, divisions 93, 94, 95, 96 and 97 unless otherwise specified:

(1) “Acceptable Risk Level” has the meaning as defined in OAR 340-122-0115 of the Hazardous Substance Remedial Action Rules.

(2) “Access Road” means any road owned or controlled by the disposal site owner that terminates at the disposal site and that provides access for users between the disposal site entrance and a public road.

(3) “Agricultural Waste” means waste on farms resulting from the raising or growing of plants and animals including but not limited to crop residue, manure, animal bedding, and carcasses of dead animals.

(4) “Agricultural Composting” means composting conducted by an agricultural operation (as defined in ORS 467.120(2)(a) on lands used for farming (as defined in ORS 215.203).

(5) “Agronomic Application Rate” means land application of no more than the optimum quantity per acre of compost, sludge or other materials. In no case may such application adversely impact the waters of the state. Such application must be designed to:

(a) Provide the amount of nutrient, usually nitrogen, needed by crops or other plantings, to prevent controllable loss of nutrients to the environment;

(b) Condition and improve the soil comparable to that attained by commonly used soil amendments; or

(c) Adjust soil pH to desired levels.

(6) “Airport” means any area recognized by the Oregon Department of Transportation, Aeronautics Division, for the landing and taking-off of aircraft which is normally open to the public for such use without prior permission.

(7) “Anaerobic Digestion” means the controlled biological breakdown of biodegradable organic material in the absence of oxygen.

(8) “Aquifer” means a geologic formation, group of formations or portion of a formation capable of yielding usable quantities of groundwater to wells or springs.

(9) “Asphalt paving” means asphalt which has been applied to the land to form a street, road, path, parking lot, highway, or similar paved surface and that is weathered, consolidated, and does not contain visual evidence of fresh oil.

(10) “Assets” means all existing and probable future economic benefits obtained or controlled by a particular entity.

(11) “Baling” means a volume reduction technique whereby solid waste is compressed into bales for final disposal.

(12) “Base Flood” means a flood that has a one percent or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on the average of a significantly long period.

(13) “Beneficial Use” means the productive use of solid waste in a manner that will not create an adverse impact to public health, safety, welfare, or the environment.

(14) “Beneficial Use Determination” means the approval of a beneficial use of a solid waste pursuant to OAR 340-093-0260 through 340-093-0290 either as a standing beneficial use or as a case-specific authorization.

(15) “Biogas” is a gas produced through anaerobic digestion and is primarily composed of methane and carbon dioxide, but also may contain impurities such as hydrogen sulfide.

(16) “Biological Waste” means blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soiled with urine or feces.

(17) “Biosolids” means solids derived from primary, secondary or advanced treatment of domestic wastewater which have been treated through one or more controlled processes that significantly reduce pathogens and reduce volatile solids or chemically stabilize solids to the extent that they do not attract vectors.

(18) “Clean Fill” means material consisting of soil, rock, concrete, brick, building block, tile or asphalt paving, which do not contain contaminants which could adversely impact the waters of the State or public health. This term does not include putrescible wastes, construction and demolition wastes and industrial solid wastes.

(19) “Cleanup Materials Contaminated by Hazardous Substances” means contaminated materials from the cleanup of releases of hazardous substances into the environment, and which are not hazardous wastes as defined by ORS 466.005.

(20) “Closure Permit” means a document issued by the department bearing the signature of the Director or his/her authorized representative which by its conditions authorizes the permittee to complete active operations and requires the permittee to properly close a land disposal site and maintain and monitor the site after closure for a period of time specified by the department.

(21) “Commercial Solid Waste” means solid waste generated by stores, offices, including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals, and other non-manufacturing entities, but does not include solid waste from manufacturing activities. Solid waste from business, manufacturing or processing activities in residential dwellings is also not included.

(22) “Commission” means the Environmental Quality Commission or the Commission’s authorized designee.

(23) “Composted material” or “Compost” is the solid material resulting from the composting process. It includes both the material produced from aerobic composting and the solid digestate produced by anaerobic digestion, although the solid digestate may require additional composting in order to be suitable for certain applications.

(24) “Composting” means the managed process of controlled biological decomposition of feedstocks. A managed process includes, but is not limited to, reducing feedstock particle size, adding moisture, mixing feedstocks, manipulating composting piles, and performing procedures to achieve human pathogen reduction. “Composting” includes both aerobic composting and anaerobic digestion. Other examples of composting include bokashi, fermentation, and vermiculture.

(25) “Composting Facility” means a site or facility composting feedstocks to produce a useful product through a managed process of controlled biological decomposition. Examples of composting facilities include sites used for composting windrows and piles, anaerobic digestion, vermiculture, vermicomposting and agricultural composting.

(26) “Construction and Demolition Waste” means solid waste resulting from the construction, repair, or demolition of buildings, roads and other structures, and debris from the clearing of land, but does not include clean fill when separated from other construction and demolition wastes and used as fill materials or otherwise land disposed. Such waste typically consists of materials including concrete, bricks, bituminous concrete, asphalt paving, untreated or chemically treated wood, glass, masonry, roofing, siding, plaster; and soils, rock, stumps, boulders, brush and other similar material. This term does not include industrial solid waste and municipal solid waste generated in residential or commercial activities associated with construction and demolition activities.

(27) “Construction and Demolition Landfill” means a landfill that receives only construction and demolition waste.

(28) “Conversion Technology Facility” means a facility that uses primarily chemical or thermal processes other than melting (changing from solid to liquid through heating without changing chemical composition) to produce fuels, chemicals, or other useful products from solid waste. These chemical or thermal processes include, but are not limited to, distillation, gasification, hydrolysis, pyrolysis, thermal depolymerization, transesterification and animal rendering, but do not include direct combustion, composting, anaerobic digestion, melting, or mechanical recycling. Mills that primarily use mechanical recycling or melting to recycle materials back into similar materials are not considered to be conversion technology facilities, even if they use some chemical or thermal processes in the recycling process.

(29) “Corrective Action” means action required by the department to remediate a release of constituents above the levels specified in 40 CFR?258.56 or OAR chapter 340 division 40, whichever is more stringent.

(30) “Cover Material” means soil or other suitable material approved by the department that is placed over the top and side slopes of solid wastes in a landfill.

(31) “Cultures and Stocks” means etiologic agents and associated biologicals, including specimen cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals, and serums and discarded live and attenuated vaccines. “Culture” does not include throat and urine cultures.

(32) “Current Assets” means cash or other assets or resources commonly identified as those that are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.

(33) “Current Liabilities” means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.

(34) “Department” means the Department of Environmental Quality.

(35)”Digestate” means both solid and liquid substances that remain following anaerobic digestion of organic material in a composting facility. “Solid digestate” means the solids resulting from anaerobic digestion, and “liquid digestate” means the liquids resulting from anaerobic digestion.

(36) “Digested Sewage Sludge” means the concentrated sewage sludge that has decomposed under controlled conditions of pH, temperature and mixing in a digester tank.

(37) “Director” means the Director of the Department of Environmental Quality or the Director’s authorized designee.

(38) “Disposal Site” means land and facilities used for the disposal, handling, treatment or transfer of or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, land application units (except as exempted within the definition of solid waste in this rule), transfer stations, conversion technology facilities, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting facilities and land and facilities previously used for solid waste disposal at a land disposal site. The term “disposal site” does not include 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; a facility subject to the permit requirements of ORS 468B.050; a site that is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar non-decomposable clean fill material, unless the site is used by the public either directly or through a collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.

(39) “Domestic Solid Waste” includes, but is not limited to, residential (including single and multiple residences), commercial and institutional wastes, as defined in ORS 459A.100; but the term does not include:

(a) Sewage sludge or septic tank and cesspool pumpings;

(b) Building demolition or construction wastes and land clearing debris, if delivered to a disposal site that is limited to those purposes and does not receive other domestic solid wastes;

(c) Source separated recyclable materials, or material recovered at a disposal site for recycling;

(d) Industrial waste going to an industrial waste facility; or

(e) Waste received at an ash monofill from an energy recovery facility.

(40) “Endangered or Threatened Species” means any species listed as such pursuant to Section 4 of the federal Endangered Species Act and any other species so listed by the Oregon Department of Fish and Wildlife.

(41) “Energy Recovery” means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material. Energy recovery includes the direct combustion of solid waste in an energy recovery facility and the production of fuels intended to be burned as an energy source, such as the pyrolysis of plastics to produce fuel oils or the grinding of wood waste to produce combustion fuel.

(42) “Energy Recovery Facility” means a facility that directly combusts solid waste and uses the heat energy generated for some useful purpose such as to produce electricity or to produce steam to be used in an industrial process.

(43) “Feedstock” means organic and other solid wastes used in a composting process to produce composted material, or used in a conversion technology facility to produce other products. For composting, four types of feedstocks are defined:

(a) Type 1 feedstocks include source-separated yard and garden wastes, wood wastes, agricultural crop residues, wax-coated cardboard, vegetative food wastes including department approved industrially produced vegetative food waste, and other materials the department determines pose a low level of risk from hazardous substances, physical contaminants and human pathogens. Type 1 feedstocks also include digestate derived only from type 1 feedstocks.

(b) Type 2 feedstocks include manure and bedding and other materials the department determines pose a low level of risk from hazardous substances and physical contaminants and a higher level of risk from human pathogens compared to type 1 feedstock. Type 2 feedstocks also include digestate derived from feedstocks that include Type 2 feedstocks but does not include any type 3 or type X feedstock.

(c) Type 3 feedstocks include dead animals, meat and source-separated mixed food waste and industrially produced non-vegetative food waste. They also include other materials the department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens compared to type 1 and 2 feedstocks. Type 3 feedstocks also include digestate derived from feedstocks that include Type 3 feedstocks but does not include any type X feedstock.

(d) Type X feedstocks include specified risk material (SRM) from bovine animal mortality and animal by-products from slaughter that pose a risk to the environment and public health from exposure to prions that can cause Bovine Spongiform Encephalitis (BSE). This includes the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia from cattle 30 months of age and older and the distal ileum of the small intestine and the tonsils from all cattle. It also includes whole cattle from which the SRM has not been removed, cattle that are not able to walk, and cattle with symptoms that might indicate BSE disease. Type X feedstocks also include digestate that was derived from any quantity of type X feedstocks.

(44) “Financial Assurance” means a plan for setting aside financial resources or otherwise assuring that adequate funds are available to properly close and to maintain and monitor a disposal site after the site is closed according to the requirements of a permit issued by the department.

(45) “Floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters that are inundated by the base flood.

(46) “Gravel Pit” means an excavation in an alluvial area from which sand or gravel has been or is being mined.

(47) “Groundwater” means water that occurs beneath the land surface in the zone(s) of saturation.

(48) “Hazardous Substance” means any substance defined as a hazardous substance pursuant to Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. 9601 et seq.; oil, as defined in ORS 465.200; and any substance designated by the Commission under ORS 465.400.

(49) “Hazardous Waste” means discarded, useless or unwanted materials or residues and other wastes that are defined as hazardous waste pursuant to ORS 466.005.

(50) “Heat-Treated” means a process of drying or treating sewage sludge where there is an exposure of all portions of the sludge to high temperatures for a sufficient time to kill all pathogenic organisms.

(51) “Home composting” means composting operated and controlled by the owner or person in control of a single or multiple family dwelling unit and used to compost residential food waste produced within the dwelling unit and yard debris produced on the property.

(52) “Incinerator” means any device used for the reduction of combustible solid wastes by burning under conditions of controlled airflow and temperature.

(53) “Industrial Solid Waste” means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under ORS Chapters 465 and 466 or under Subtitle C of the federal Resource Conservation and Recovery Act. Such waste may include, but is not limited to, waste resulting from the following processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; water treatment; and timber products manufacturing. This term does not include construction/demolition waste; municipal solid waste from manufacturing or industrial facilities such as office or “lunch room” waste; or packaging material for products delivered to the generator.

(54) “Industrial Waste Landfill” means a landfill that receives only a specific type or combination of industrial waste.

(55) “Inert” means containing only constituents that are biologically and chemically inactive and that, when exposed to biodegradation and/or leaching, will not adversely impact the waters of the state or public health.

(56) “Infectious Waste” means biological waste, cultures and stocks, pathological waste, and sharps; as defined in ORS 459.386.

(57) “Land Application Unit” means a disposal site where sludges or other solid wastes are applied onto or incorporated into the soil surface for agricultural purposes or for treatment and disposal.

(58) “Land Disposal Site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, waste pile, pit, pond, lagoon or land application.

(59) “Landfill” means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

(60) “Leachate” means liquid that has come into direct contact with solid waste and contains dissolved, miscible and/or suspended contaminants as a result of such contact.

(61) “Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

(62) “Local Government Unit” means a city, county, Metropolitan Service District formed under ORS Chapter 268, sanitary district or sanitary authority formed under ORS Chapter 450, county service district formed under ORS Chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to 468A.175 or any other local government unit responsible for solid waste management.

(63) “Low-Risk Disposal Site” means a disposal site which, based upon its size, site location, and waste characteristics, the department determines to be unlikely to adversely impact the waters of the State or public health.

(64) “Material Recovery” means any process of obtaining from solid waste, by pre-segregation or otherwise, materials which still have useful physical or chemical properties and can be reused, recycled or composted for some purpose.

(65) “Material Recovery Facility” means a solid waste management facility that separates materials for the purposes of recycling from an incoming mixed solid waste stream by using manual and/or mechanical methods, or a facility at which previously separated recyclables are collected.

(66) “Medical Waste” means solid waste that is generated as a result of patient diagnosis, treatment, or immunization of human beings or animals.

(67) “Mobile Disposal Site” means a disposal site facility that is intended to be moved from place to place in order to process wastes in different locations.

(68) “Monofill” means a landfill or landfill cell into which only one type of waste may be placed.

(69) “Municipal Solid Waste Landfill” means a discrete area of land or an excavation that receives domestic solid waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under ?257.2 of 40 CFR, Part 257. It may also receive other types of wastes such as nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, construction and demolition waste and industrial solid waste.

(70) “Net Working Capital” means current assets minus current liabilities.

(71) “Net Worth” means total assets minus total liabilities and is equivalent to owner’s equity.

(72) “Pathological Waste” means biopsy materials and all human tissues, anatomical parts that emanate from surgery, obstetrical procedures, autopsy and laboratory procedures and animal carcasses exposed to pathogens in research and the bedding and other waste from such animals. “Pathological waste” does not include teeth or formaldehyde or other preservative agents.

(73) “Permit” means a document issued by the department which by its conditions may authorize the permittee to construct, install, modify, operate or close a disposal site in accordance with specified limitations.

(74) “Permit Action” means the issuance, modification, renewal or revocation of a permit by the department.

(75) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

(76) “Processing of Wastes” means any technology designed to change the physical form or chemical content of solid waste including, but not limited to, baling, composting, classifying, hydropulping, incinerating and shredding.

(77) “Public Waters” or “Waters of the State” include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(78) “Putrescible Waste” means solid waste containing organic material that can be rapidly decomposed by microorganisms, and which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.

(79) “Recycling” means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

(80) “Regional Disposal Site” means a disposal site that receives, or a proposed disposal site that is designed to receive more than 75,000 tons of solid waste a year from outside the immediate service area in which the disposal site is located. As used in this section, “immediate service area” means the county boundary of all counties except a county that is within the boundary of the Metropolitan Service District. For a county within the Metropolitan Service District, “immediate service area” means that Metropolitan Service District boundary.

(81) “Release” has the meaning given in ORS 465.200(14).

(82) “Resource Recovery” means the process of obtaining useful material or energy from solid waste and includes energy recovery, material recovery and recycling.

(83) “Reuse” means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

(84) “Salvage” means the controlled removal of reusable, recyclable or otherwise recoverable materials from solid wastes at a solid waste disposal site.

(85) “Sensitive Aquifer” means any unconfined or semiconfined aquifer that is hydraulically connected to a water table aquifer, and where flow could occur between the aquifers due to either natural gradients or induced gradients resulting from pumpage.

(86) “Sensitive Environment” means a sensitive environment defined in OAR 340-122-0115(50) of the Hazardous Substance Remedial Action Rules.

(87) “Septage” means the pumpings from septic tanks, cesspools, holding tanks, chemical toilets and other sewage sludges not derived at sewage treatment plants.

(88) “Sharps” means needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes that could be broken during handling and syringes that have been removed from their original sterile containers.

(89) “Sludge” means any solid or semi-solid waste and associated supernatant generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar characteristics and effects.

(90) “Sole Source Aquifer” means the only available aquifer, in any given geographic area, containing potable groundwater with sufficient yields to supply domestic or municipal water wells.

(91) “Solid Waste” means all useless or discarded putrescible and non-putrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid materials, dead animals and infectious waste. The term does not include:

(a) Hazardous waste as defined in ORS 466.005;

(b) Materials used for fertilizer, soil conditioning, humus restoration, or for other productive purposes or which are salvageable for these purposes and are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, provided the materials are used at or below agronomic application rates; or

(c) Woody biomass that is combusted as a fuel by a facility that has obtained a permit described in ORS 468A.040.

(92) “Solid Waste Boundary” means the outermost perimeter (on the horizontal plane) of the solid waste at a landfill as it would exist at completion of the disposal activity.

(93) “Source Separate” means that the person who last uses recyclable materials separates the recyclable material from solid waste.

(94) “Tangible Net Worth” means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.

(95) “Third Party Costs” mean the costs of hiring a third party to conduct required closure, post-closure or corrective action activities.

(96) “Transfer Station” means a fixed or mobile facility other than a collection vehicle where solid waste is taken from a smaller collection vehicle and placed in a larger transportation unit for transport to a final disposal location.

(97) “Treatment” means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid waste except for composting, material recovery, or energy recovery. Treatment includes but is not limited to detoxifying or remediating solid waste prior to disposal or beneficial use.

(98) “Treatment Facility” means a facility intended for treatment of solid waste. It includes but is not limited to soil remediation facilities and rotary kilns used to treat oily sludges. It does not include composting facilities, material recovery facilities, energy recovery facilities, incinerators, or conversion technology facilities as defined in this rule.

(99) “Underground Drinking Water Source” means an aquifer supplying or likely to supply drinking water for human consumption.

(100) “Vector” means any insect, rodent or other animal capable of transmitting, directly or indirectly, infectious diseases to humans or from one person or animal to another.

(101) “Vegetative” means feedstocks used for composting that are derived from plants including but not limited to: fruit and vegetable peelings or parts, grains, coffee grounds, crop residue, waxed cardboard and uncoated paper products. Vegetative material does not include oil, grease, or dairy products such as milk, mayonnaise or ice cream.

(102) “Vermicomposting” means the controlled and managed process by which live worms convert solid waste into dark, fertile, granular excrement.

(103) “Vermiculture” means the raising of earth worms for the purpose of collecting castings for composting or enhancement of a growing medium.

(104) “Water Table Aquifer” means an unconfined aquifer in which the water table forms the upper boundary of the aquifer. The water table is typically below the upper boundary of the geologic strata containing the water, the pressure head in the aquifer is zero and elevation head equals the total head.

(105) “Wellhead protection area” means the surface and subsurface area surrounding a water well, spring or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach that water well, spring, or wellfield. A public water system is a system supplying water for human consumption that has four or more service connections or supplies water to a public or commercial establishment which operates a total of at least 60 days per year, and which is used by 10 or more individuals per day.

(106) “Wood waste” means chemically untreated wood pieces or particles generated from processes commonly used in the timber products industry. Such materials include but are not limited to sawdust, chips, shavings, stumps, bark, hog-fuel and log sort yard waste, but do not include wood pieces or particles containing or treated with chemical additives, glue resin, or chemical preservatives.

(107) “Wood waste Landfill” means a landfill that receives primarily wood waste.

(108) “Woody biomass” means material from trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland, farm, rangeland or wildland-urban interface environment that is the by-product of forest management, ecosystem restoration or hazardous fuel reduction treatment.

(109) “Zone of Saturation” means a three-dimensional section of the soil or rock in which all open spaces are filled with groundwater. The thickness and extent of a saturated zone may vary seasonally or periodically in response to changes in the rate or amount of groundwater recharge, discharge or withdrawal.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 459.045 & 468.020

Stats. Implemented: ORS 459 & 459A

Hist.: DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 26-1981, f. & ef. 9-8-81; DEQ 2-1984, f. & ef. 1-16-84; DEQ 18-1988, f. & cert. ef. 7-13-88 (and corrected 2-3-89); DEQ 14-1990, f. & cert. ef. 3-22-90; DEQ 24-1990, f. & cert. ef. 7-6-90; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0010; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 4-2010, f. & cert. ef. 5-14-10; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0050

Permit Required

(1) Except as provided by section (3) of this rule, no person may establish, operate, maintain or substantially alter, expand, improve or close a disposal site, and no person may change the method or type of disposal at a disposal site, until the person owning or controlling the disposal 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) 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.

(4) The department may, in accordance with a specific permit containing a compliance schedule, grant reasonable time for solid waste disposal sites or facilities to comply with OAR chapter 340, divisions 93 through 97.

(5) If it is determined by the department that a proposed or existing disposal 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.

(6) Each person who is required by sections (1) and (5) of this rule 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 and 459.272.

(7) Failure to conduct solid waste disposal 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.

Stat. Auth.: ORS 459A.025, 459.045 & 468.020

Stats. Implemented: ORS 459.205, 459.215 & 459.225

Hist.: DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 26-1981, f. & ef. 9-8-81; DEQ 2-1984, f. & ef. 1-16-84; DEQ 14-1984, f. & ef. 8-8-84; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0020; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 2-1995, f. & cert. ef. 1-10-95; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0070

Applications for Permits

(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 the owner’s agent or the lessee responsible for the operation and maintenance of the facility.

(2) The department will accept applications for a permit only when complete, as detailed in section (3) of this rule. 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 permit is complete only if it:

(a) Is submitted on forms provided by the department, is accompanied by all required exhibits using paper with recycled content with copy printed on both sides of the paper whenever possible, follows the organizational format and includes the level of informational detail required by the department, and is signed by the property owner or person in control of the premises;

(b) Except for mobile disposal sites, includes written recommendations of the local government unit or units having jurisdiction with respect to a new or existing disposal site, or alterations, expansions, improvements or changes in method or type of disposal at a new or existing disposal 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 any other known or anticipated permits from the department or other governmental agencies, and if previously applied for, includes a copy of such permit application and if granted, a copy of such permit;

(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, and facilities exempt under section (4) of this rule, includes a site characterization report prepared in accordance with OAR 340-093-0130, to establish a new disposal site or to substantially alter, expand or improve a disposal site or to make a change in the method or type of disposal at a disposal site, unless the requirements of said site characterization report have been met by other prior submittals;

(f) Except for composting facilities and facilities exempt under section (4) of this rule, 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) Includes any other information the department may deem necessary to determine whether the proposed disposal site 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 subsections (3)(e) and (f) of this rule, 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 has not been held and if, in the judgment of the department, there is sufficient public concern regarding the proposed disposal site, 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 a change in the method or type of disposal.

(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 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 section (3) of this rule, if required by the Department. If the modification involves a substantial change in the scope or operations of the disposal site, the application must also include written recommendations from the local government unit as required for new permits under subsection (3)(b) of this rule.

(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 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, the application must also include written recommendations from the local government unit as required for new permits under subsection (3)(b) of this rule. The department may also require the submittal of updates of the information required to be submitted for new permits in section (3) of this rule.

(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 underOAR 340-094-0100 or 340-095-0050.

(8) Permits extended under section (7) of this rule remain fully effective and enforceable until the effective date of the new permit.

Stat. Auth.: ORS 459

Stats. Implemented: ORS 459.235

Hist.: DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 26-1981, f. & ef. 9-8-81; DEQ 2-1984, f. & ef. 1-16-84; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0025; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0105

Categories for Permit Actions

(1) Category 1:

(a) Waste Tire Carrier Permit under 340-064-0055.

(b) Letter Authorization under 340-093-0060.

(c) Modification to a permit that is administrative in nature or does not alter permit conditions.

(2) Category 2:

(a) Renewal of a construction and demolition debris landfill permit under 340-093-0070.

(b) Renewal of an industrial waste landfill permit under 340-093-0070.

(c) Renewal of a closure permit under 340-094-0100 and 340-095-0500.

(d) Renewal of a transfer station permit under 340-096-0040.

(e) Renewal of a material recovery facility permit under 340-096-0040.

(f) Renewal of a solid waste treatment facility permit under 340-093-0070.

(g) Renewal of a waste tire storage site permit under 340-064-0015.

(h) Renewal of a solid waste composting permit under 340-093-0070.

(i) New composting facility registration issued under OAR 340-096-0100.

(j) Renewal of a composting facility registration under 340-096-0100.

(k) New conversion technology facility registration under 340-096-0190.

(l) Renewal of a conversion technology facility registration under 340-093-0070.

(m) Renewal of a conversion technology facility permit under 340-093-0070.

(n) All other modifications not listed under category 1.

(3) Category 3:

(a) New captive industrial facility permit as defined in 340-097-0120(1)(c).

(b) New transfer station or material recovery facility permit under 340-096-0040.

(c) New composting permit issued under 340-096-0110.

(d) New closure permit under 340-094-0100 and 340-095-0500.

(e) New construction and demolition landfill permit under 340-095-0001.

(f) New solid waste treatment facility permit under 340-096-0050.

(g) New off-site industrial facility permit under 340-097-0120(2)(a).

(h) New sludge disposal facility permit under 340-096-0030.

(i) New waste tire storage facility permit under 340-064-0015.

(j) Renewal of a municipal landfill permit under 340-093-0070.

(k) Renewal of an incinerator or energy recovery facility permit under 340-093-0070.

(l) New conversion technology facility permit under 340-096-0200.

(4) Category 4:

(a) New municipal solid waste landfill facility permit under 340-094-0001.

(b) New incinerator permit under 340-096-0010.

(c) New energy recovery facility permit under 340-097-0120(2)(a).

Stat.Auth.: ORS 459A.025, 459.045 & 468.020

Stat. Implemented: ORS 459.245

Hist.: DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0110

Issuance or Denial of a Permit

(1) The Department must take final action on the permit application within 45 days of the close of the comment period. The scheduling of a hearing and the consideration of comments will automatically constitute good cause for an extension of time under ORS 459.245. The Department will consider all timely received comments and any other information obtained that may be pertinent to the permit action.

(2) Issuance of a permit: The Department may adopt or modify the proposed provisions in the permit application. The Department will promptly notify the applicant in writing of the final action as provided in OAR 340-011-0525 and will include a copy of the permit. If the permit conditions are different from those contained in the permit application, the notification will include the reasons for the changes.

(3) Denial of a permit: The Department will promptly notify the applicant in writing of the final action as provided in OAR 340-011-0525. If the Department denies a permit application, the notification will include the reasons for the denial. The Department will deny the permit if:

(a) The application contains false information.

(b) The Department wrongfully accepted the application.

(c) The proposed disposal site would not comply with OAR chapter 340, divisions 93 through 97 or other applicable rules of the Department.

(d) The proposal is not part of or not compatible with the adopted local solid waste management plan, or

(e) There is no clearly demonstrated need for the proposed new, modified or expanded disposal site or for the proposed change in the method or type of disposal.

(4) The Department’s decision is effective 20 days from the date of service of the notice unless within that time the Department receives a request for a hearing from the applicant. The request for a hearing must be in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470, and OAR chapter 340, division 011.

Stat. Auth.: ORS 459A.025, 459.045 & 468.020

Stats. Implemented: ORS 459.245

Hist.: DEQ 26-1981, f. & ef. 9-8-81; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0026; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 7-2013, f. & cert. ef. 8-29-13

340-093-0115

Termination or Revocation of a Permit

(1) Automatic Termination: A permit automatically terminates when:

(a) The Department issues a new permit for the same activity or operation;

(b) The permittee requests in writing that the permit terminate, if the Department determines that a permit is no longer needed; or

(c) The permittee fails to timely submit an application for permit renewal.

(i) Termination is effective on the permit expiration date.

(ii) A permit may be reinstated only if the permittee applies for a new permit including the associated fees pursuant to division 097.

(iii) All permit conditions will remain in effect until such time as a new permit is issued by the Department. Failure by a permittee to abide by the terms of any permit conditions will be a violation of this provision.

(2) Revocation with prior notice:

(a) If the Department determines that a permittee is in noncompliance with the terms of the permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Department may revoke the permit.

(b) The Department will provide notice of the intent to revoke the permit in accordance with OAR 340-011-0525. The notice will include the reasons why the permit will be revoked, and include an opportunity for hearing before the revocation. The Department must receive a written request for hearing stating the grounds for the request within 60 days from service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or until a final order is issued.

(3) Revocation without prior notice:

(a) If the Department finds that the permittee’s activities cause a serious danger to the public health, safety or the environment, the Department may immediately revoke or refuse to renew the permit without prior notice or opportunity for a hearing.

(b) If no advance notice of the revocation is provided, the Department will notify the permittee as soon as possible as provided in OAR 340-011-0525. The notification will set forth the specific reasons for the revocation or refusal to renew.

(c) The Department must receive a written request for a hearing stating the grounds for the request within 90 days of service of the notice. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. If the Department does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by the Department.

Stat. Auth.: ORS 459.045 & 459.785

Stats. Implemented: ORS 459.255 & 459.755

Hist.: DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 7-2013, f. & cert. ef. 8-29-13

340-095-0090

Financial Assurance Criteria

(1) Financial Assurance Required. The owner or operator of a non-municipal land disposal site shall maintain a financial assurance plan with detailed written cost estimates of the amount of financial assurance that is necessary and shall provide evidence of financial assurance for the costs of:

(a) Closure of the non-municipal land disposal site;

(b) Post-closure maintenance of the non-municipal land disposal site; and

(c) Any corrective action required by the Department to be taken at the non-municipal land disposal site, pursuant to OAR 340-095-0040(3).

(2) Exemptions. The Department may exempt from the financial assurance requirements any non-municipal land disposal site including but not limited to construction and demolition waste sites, composting facilities and industrial waste sites:

(a) Exemption criteria. To be eligible for this exemption, the applicant shall demonstrate to the satisfaction of the Department that the site meets all of the following criteria and that the site is likely to continue to meet all of these criteria until the site is closed in a manner approved by the Department:

(A) The non-municipal land disposal site poses no significant threat of adverse impact on groundwater or surface water;

(B) The non-municipal land disposal site poses no significant threat of adverse impact on public health or safety;

(C) No system requiring active operation and maintenance is necessary for controlling or stopping discharges to the environment;

(D) The area of the non-municipal land disposal site that has been used for waste disposal and has not yet been properly closed in a manner acceptable to the Department is less than and remains less than two acres or complies with a closure schedule approved by the Department.

(b) In determining if the applicant has demonstrated that a non-municipal land disposal site meets the financial assurance exemption criteria, the Department will consider existing available information including, but not limited to, geology, soils, hydrology, waste type and volume, proximity to and uses of adjacent properties, history of site operation and construction, previous compliance inspection reports, existing monitoring data, the proposed method of closure and the information submitted by the applicant. The Department may request additional information if needed;

(c) An exemption from the financial assurance requirement granted by the Department will remain valid only so long as the non-municipal land disposal site continues to meet the exemption criteria in subsection (2)(a) of this rule. If the site fails to continue to meet the exemption criteria, the Department may modify the permit to require financial assurance.

(3) Schedule for provision of financial assurance:

(a) For costs associated with the conceptual “worst-case” closure plan and the conceptual post-closure plan prepared pursuant to OAR 340-095-0060(1)(a)(A) and OAR 340-095-0065(1)(a), respectively: Evidence of the required financial assurance for closure and post-closure maintenance of the non-municipal land disposal site shall be provided on the following schedule:

(A) For a new non-municipal land disposal site: no later than the time the solid waste permit is issued by the Department and prior to first receiving waste; or

(B) For a non-municipal land disposal site operating under a solid waste permit on November 4, 1993: by April 9, 1997.

(b) For costs associated with the Final Engineered Site Closure Plan and the Final Engineered Post-closure Plan prepared pursuant to OAR 340-095-0060(1)(a)(B) and OAR 340-095-0065(1)(b) respectively: Evidence of the required financial assurance for closure and post-closure maintenance of the land disposal site shall be provided at the same time those two Plans are due to the Department;

(c) Evidence of financial assurance for corrective action shall be provided before beginning corrective action;

(d) Continuous financial assurance shall be maintained for the facility until the permittee or other person owning or controlling the site is no longer required to demonstrate financial responsibility for closure, post-closure care or corrective action (if required).

(4) Financial assurance plans. The financial assurance plan is a vehicle for determining the amount of financial assurance necessary and demonstrating that financial assurance is being provided. A financial assurance plan shall include but not be limited to the following, as applicable:

(a) Cost Estimates. A detailed written estimate of the third-party costs in current dollars (as calculated using a discount rate equal to the current yield of a 5-year U.S. Treasury Note as published in the Federal Reserve’s H.15 (519) Selected Interest Rates for the week in which the calculation is done), prepared by a Registered Professional Engineer, of:

(A) Closing the non-municipal land disposal site;

(B) Providing post-closure care, including installing, operating and maintaining any environmental control system required on the non-municipal land disposal site;

(C) Performing required corrective action activities; and

(D) Complying with any other requirement the Department may impose as a condition of issuing a closure permit, closing the site, maintaining a closed facility, or implementing corrective action.

(b) The source of the cost estimates;

(c) A detailed description of the form of the financial assurance and a copy of the financial assurance mechanism;

(d) A method and schedule for providing for or accumulating any required amount of funds which may be necessary to meet the financial assurance requirement;

(e) A proposal with provisions satisfactory to the Department for disposing of any excess moneys received or interest earned on moneys received for financial assurance, if applicable:

(A) To the extent practicable and to the extent allowed by any franchise agreement, the applicant’s provisions for disposing of the excess moneys received or interest earned on moneys shall provide for:

(i) A reduction of the rates a person within the area served by the non-municipal land disposal site is charged for solid waste collection service as defined by ORS 459.005; or

(ii) Enhancing present or future solid waste disposal facilities within the area from which the excess moneys were received.

(B) If the non-municipal land disposal site is owned and operated by a private entity not regulated by a unit of local government, excess moneys and interest remaining in any financial assurance reserve shall be released to that business entity after post-closure care has been completed and the permittee is released from permit requirements by the Department.

(f) The financial assurance plan shall contain adequate accounting procedures to insure that the permittee does not collect or set aside funds in excess of the amount specified in the financial assurance plan or any updates thereto or use the funds for any purpose other than required by paragraph (8)(a) of this rule;

(g) The certification required by subsection (6)(c) of this rule; and

(h) The annual updates required by subsection (6)(d) of this rule.

(5) Amount of Financial Assurance Required. The amount of financial assurance required shall be established as follows:

(a) Closure. Detailed cost estimates for closure shall be based on the conceptual “worst-case” closure plan or the final Engineered Site Closure Plan, as applicable. Cost estimates for the Final Engineered Site Closure plan shall take into consideration at least the following:

(A) Amount and type of solid waste deposited in the site;

(B) Amount and type of buffer from adjacent land and from drinking water sources;

(C) Amount, type, availability and cost of required cover;

(D) Seeding, grading, erosion control and surface water diversion required;

(E) Planned future use of the disposal site property;

(F) The portion of the site property closed before final closure of the entire site; and

(G) Any other conditions imposed on the permit relating to closure of the site.

(b) Post-closure care. Detailed cost estimates for post-closure care shall be based on the conceptual post-closure plan or the Final Engineered Post-closure Plan, as applicable. Cost estimates for the Final Engineered Post-closure Plan shall also take into consideration at least the following:

(A) Type, duration of use, initial cost and maintenance cost of any active system necessary for controlling or stopping discharges; and

(B) Any other conditions imposed on the permit relating to post-closure care of the site.

(c) Corrective action. Estimated total costs of required corrective action activities for the entire corrective action period, as described in a corrective action report pursuant to requirements of OAR 340-095-0040(3);

(d) If a permittee is responsible for providing financial assurance for closure, post-closure care and/or corrective action activities at more than one non-municipal land disposal site, the amount of financial assurance required is equal to the sum of all cost estimates for each activity at each facility.

(6) How Financial Assurance Is to Be Provided and Updated:

(a) The permittee shall submit to the Department a copy of the first financial assurance mechanism prepared in association with a conceptual “worst-case” closure plan, a Final Engineered Site Closure Plan, a conceptual post-closure plan, a Final Engineered Post-closure Plan, and a corrective action report;

(b) The permittee shall also place a copy of the applicable financial assurance plan(s) in the facility operations office or another location approved by the Department on the schedule specified in Section (3) of this rule;

(c) The permittee shall certify to the Director at the time a financial assurance plan is placed in the facility operations office or other approved location that the financial assurance mechanism meets all state requirements. This date becomes the “annual review date” of the provision of financial assurance, unless a corporate guarantee is used, in which case the annual review date is 90 days after the end of the corporation’s fiscal year;

(d) Annual update. The permittee shall annually review and update the financial assurance during the operating life and post-closure care period, or until the corrective action is completed, as applicable:

(A) The annual review shall include:

(i) An adjustment to the cost estimate(s) for inflation and in the discount rate as specified in subsection (4)(a) of this rule;

(ii) A review of the closure, post-closure and corrective action (if required) plans and facility conditions to assess whether any changes have occurred which would increase or decrease the estimated maximum costs of closure, post-closure care or corrective action since the previous review;

(iii) If a trust fund or other pay-in financial mechanism is being used, an accounting of amounts deposited and expenses drawn from the fund, as well as its current balance.

(B) The financial assurance mechanism(s) shall be increased or may be reduced to take into consideration any adjustments in cost estimates identified in the annual review;

(C) The annual update shall consist of a certification from the permittee submitted to the Department and placed in the facility operations office or other approved location. The certification shall state that the financial assurance plans(s) and financial assurance mechanism(s) have been reviewed, updated and found adequate, and that the updated documents have been placed at the facility operations office or other approved location. The annual update shall be no later than:

(i) The facility’s annual review date; or

(ii) For a facility operating under a closure permit, by the date specified in OAR 340-095-0050(3).

(7) Department Review of Financial Assurance and Third-Party Certification:

(a) The Department may at any time select a permittee to submit financial assurance plan(s) and financial assurance mechanism(s) for Department review. Selection for review will not occur more frequently than once every five years, unless the Department has reasonable cause for more frequent selection. The Department may, however, review such plans and mechanisms in conjunction with a site inspection at any time;

(b) A permittee who wants to provide “alternative financial assurance” pursuant to OAR 340-095-0095(6)(g) shall submit its financial assurance plan and proposed financial assurance mechanism for Department review and approval on the schedule specified in section (3) of this rule. The submittal shall include certification from a qualified third party that the financial assurance mechanism meets all state requirements for financial assurance, and is reasonably designed to provide the required amount of financial assurance. The third-party certification shall be submitted in a format acceptable to the Department;

(c) The Department will review the financial assurance and the third-party certification, if applicable, for compliance with state laws.

(8) Accumulation of any financial assurance funds:

(a) The financial assurance mechanisms for closure, post-closure care and corrective action shall ensure the funds will be available in a timely fashion when needed. The permittee shall pay moneys into a trust fund in the amount and at the frequency specified in the financial assurance plan or obtain other financial assurance mechanisms as specified in the financial assurance plan, on the schedule specified in section (3) of this rule:

(A) Closure. The total amount of financial assurance required for closure shall be available in the form specified in the financial assurance plan or any updates thereto, whenever final closure of a non-municipal land disposal site unit is scheduled to occur in the conceptual “worst case” closure plan or in the Final Engineered Site Closure Plan;

(B) Post-closure care. The total amount of financial assurance required for post-closure care shall be available in the form specified in the financial assurance plan or any updates thereto, whenever post-closure care is scheduled to begin for a non-municipal land disposal site unit in the conceptual post-closure plan or in the Final Engineered Post-closure Plan;

(C) Corrective action. The total amount of financial assurance required for corrective action shall be available in the form specified in the financial assurance plan or any updates thereto on the schedule specified in the corrective action selected pursuant to OAR 340 Division 40.

(b) The permittee is subject to audit by the Department (or Secretary of State) and shall allow the Department access to all records during normal business hours for the purpose of determining compliance with this rule and OAR 340-095-0095;

(c) If the Department determines that the permittee did not set aside the required amount of funds for financial assurance in the form and at the frequency required by the applicable financial assurance plan, or if the Department determines that the financial assurance funds were used for any purpose other than as required in section (1) of this rule, the permittee shall, within 30 days after notification by the Department, deposit a sufficient amount of financial assurance in the form required by the applicable financial assurance plan along with an additional amount of financial assurance equal to the amount of interest that would have been earned, had the required amount of financial assurance been deposited on time or had it not been withdrawn for unauthorized use;

(d) If financial assurance is provided under OAR 340-095-0095(6)(a), (b) or (g), upon successful closure and release from permit requirements by the Department, any excess money in the financial assurance account must be used in a manner consistent with subsection (4)(e) of this rule.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.248, 459.272 & 459.273

Hist.: DEQ 2-1984, f. & ef. 1-16-84; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0034; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 2-1995, f. & cert. ef. 1-10-95; DEQ 8-1995(Temp), f. & cert. ef. 4-25-95; DEQ 23-1995(Temp), f. & cert. ef. 10-10-95; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 7-2013, f. & cert. ef. 8-29-13

340-095-0095

Form of Financial Assurance

(1) The financial assurance mechanism shall restrict the use of the financial assurance so that the financial resources may be used only to guarantee that closure, post-closure or corrective action activities will be performed, or that the financial resources can be used only to finance closure, post-closure or corrective action activities.

(2) The financial assurance mechanism shall provide that the Department or a party approved by the Department is the beneficiary of the financial assurance.

(3) A permittee may use one financial assurance mechanism for closure, post-closure and corrective action activities, but the amount of funds assured for each activity must be specified.

(4) A permittee may demonstrate financial assurance for closure, post-closure and corrective action by establishing more than one mechanism per facility, except that mechanisms guaranteeing performance rather than payment may not be combined with other instruments.

(5) The financial assurance mechanism shall be worded as specified by the Department, unless a permittee uses an alternative financial assurance mechanism pursuant to subsection (6)(g) of this rule. The Department retains the authority to approve the wording of an alternative financial assurance mechanism.

(6) Allowable Financial Assurance Mechanisms. A permittee shall provide only the following forms of financial assurance for closure and post-closure activities:

(a) A trust fund established with an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. The purpose of the trust fund is to receive and manage any funds that may be paid by the permittee and to disburse those funds only for closure, post-closure maintenance or corrective action activities which are authorized by the Department. The permittee shall notify the Department, in writing, before any expenditure of trust fund moneys is made, describing and justifying the activities for which the expenditure is to be made. If the Department does not respond to the trustee within 30 days after receiving such notification, the expenditure is deemed authorized and the trustee may make the requested reimbursements;

(b) A surety bond guaranteeing payment into a standby closure or post-closure trust fund issued by a surety company listed as acceptable in Circular 570 of the U.S. Department of the Treasury. The standby closure or post-closure trust fund must be established by the permittee. The purpose of the standby trust fund is to receive any funds that may be paid by the permittee or surety company. The penal sum of the bond must be in an amount at least equal to the current closure or post-closure care cost estimate, as applicable. The bond must guarantee that the permittee will either fund the standby trust fund in an amount equal to the penal sum of the bond before the site stops receiving waste or within 15 days after an order to begin closure is issued by the Department or by a court of competent jurisdiction; or that the permittee will provide alternate financial assurance acceptable to the Department within 90 days after receipt of a notice of cancellation of the bond from the surety. The surety shall become liable on the bond obligation if the permittee fails to perform as guaranteed by the bond. The surety may not cancel the bond until at least 120 days after the notice of cancellation has been received by both the permittee and the Department. If the permittee has not provided alternate financial assurance acceptable to the Department within 90 days of the cancellation notice, the surety must pay the amount of the bond into the standby trust account;

(c) A surety bond guaranteeing performance of closure, post-closure or corrective action activities issued by a surety company listed as acceptable in Circular 570 of the U.S. Department of the Treasury. A standby trust fund must also be established by the permittee. The purpose of the standby trust fund is to receive any funds that may be paid by the surety company. The bond must guarantee that the permittee will either perform final closure, post-closure maintenance or corrective action activities, as applicable, or provide alternate financial assurance acceptable to the Department within 90 days after receipt of a notice of cancellation of the bond from the surety. The surety shall become liable on the bond obligation if the permittee fails to perform as guaranteed by the bond. The surety may not cancel the bond until at least 120 days after the notice of cancellation has been received by both the permittee and the Department. If the permittee has not provided alternate financial assurance acceptable to the Department within 90 days of the cancellation notice, the surety must pay the amount of the bond into the standby trust account;

(d) An irrevocable letter of credit issued by an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency. A standby trust fund must also be established by the permittee. The purpose of the standby trust fund is to receive any funds deposited by the issuing institution resulting from a draw on the letter of credit. The letter of credit must be irrevocable and issued for a period of at least one year and shall be automatically extended for at least one year on each successive expiration date unless the issuing institution notifies both the permittee and the Department at least 120 days before the current expiration date. If the permittee fails to perform closure and post-closure activities according to the closure plan and permit requirements, or to perform the selected remedy described in the corrective action report, or if the permittee fails to provide alternate financial assurance acceptable to the Department within 90 days after notification that the letter of credit will not be extended, the Department may draw on the letter of credit;

(e) A closure or post-closure insurance policy issued by an insurer who is licensed to transact the business of insurance or is eligible as an excess or surplus lines insurer in one or more states. The insurance policy must guarantee that funds will be available to complete final closure and post-closure maintenance of the site. The policy must also guarantee that the insurer will be responsible for paying out funds for reimbursement of closure and post-closure expenditures that are in accordance with the closure or post-closure plan or otherwise justified. The permittee shall notify the Department, in writing, before any expenditure of insurance policy moneys is made, describing and justifying the activities for which the expenditure is to be made. If the Department does not respond to the insurer within 30 days after receiving such notification, the expenditure is deemed authorized and the insurer may make the requested reimbursements. The policy must provide that the insurance is automatically renewable and that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. If there is a failure to pay the premium, the insurer may not terminate the policy until at least 120 days after the notice of cancellation has been received by both the permittee and the Department. Termination of the policy may not occur and the policy must remain in full force and effect if: the Department determines that the land disposal site has been abandoned; or the Department has commenced a proceeding to modify the permit to require immediate closure; or closure has been ordered by the Department, Commission or a court of competent jurisdiction; or the permittee is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or the premium due is paid. The permittee is required to maintain the policy in full force and effect until the Department consents to termination of the policy when alternative financial assurance is provided or when the permit is terminated;

(f) Corporate guarantee. A private corporation meeting the financial test may provide a corporate guarantee that funds are available for closure, post-closure or corrective action activities, and that those activities will be completed according to the closure or post-closure plan, permit requirements or selected remedy described in the corrective action report, as applicable. A qualifying private corporation may guarantee its own obligations, the obligations of a corporate parent, sibling or subsidiary, and the obligations of a firm with which it has a substantial business relationship. A corporation guaranteeing the obligations of a firm with which it has a substantial business relationship must certify that it possesses such relationship and that it is issuing the guarantee as an act incident to that relationship, and must specify any compensation received for its issuance of such guarantee. To qualify, a private corporation must meet the criteria of either paragraph (A) or (B) of this subsection:

(A) Financial Test. To pass the financial test, the permittee must have:

(i) Two of the following three ratios: A ratio of total liabilities to tangible net worth less than 1.5; a ratio of the [(sum of net income plus depreciation, depletion, and amortization) minus $10 million] to total liabilities greater than 0.1; or a ratio of current assets to current liabilities greater than 1.5;

(ii) Net working capital equal to at least four times and tangible net worth equal to at least six times the sum of the current cost estimates covered by the test;

(iii) Tangible net worth of at least $10 million exclusive of the costs being guaranteed; and

(iv) Assets in the United States amounting to at least the sum of the current closure, post-closure and corrective action cost estimates covered by the test, plus any other environmental obligations guaranteed by permittee.

(B) Alternative Financial Test. To pass the alternative financial test, the permittee must have:

(i) Tangible net worth of at least $10 million exclusive of the costs being guaranteed; and

(ii) Two of the following three ratios:

(I) Times Interest Earned ([earnings before interest and taxes] divided by interest) of 2.0 or higher;

(II) Beaver’s Ratio of 0.2 or higher ([internally generated cash] divided by [total liabilities]). Internally generated cash is obtained from taxable income before net operating loss, plus credits for fuel tax and investment in regulated investment companies, plus depreciation plus amortization plus depletion, plus any income on the books not required to be reported for tax purposes if it is likely to be recurring, minus income tax expenses. Total liabilities includes all long- and short-term debt; or

(III) Altman’s Z-Score of 2.9 or higher.

(C) The permittee shall demonstrate that it passes the financial test at the time the financial assurance plan is filed and reconfirm that annually 90 days after the end of the corporation’s fiscal year by submitting the following items to the Department:

(i) A letter signed by the permittee’s chief financial officer that provides the information necessary to document that the permittee passes the financial test; that guarantees that the funds are available to finance closure, post-closure or corrective action activities according to the closure or post-closure plan, permit requirements or selected remedy described in the corrective action report, as applicable; that guarantees that the closure, post-closure or corrective action activities will be completed according to the closure or post-closure plan, permit requirements or selected remedy described in the corrective action report, as applicable; that guarantees that a substitute financial mechanism acceptable to the Department will be fully funded within 30 days after either service of a Final Order assessing a civil penalty from the Department for failure to adequately perform closure or post-closure activities according to the closure or post-closure plan and permit, or the selected remedy described in the corrective action report, as applicable, or service of a written notice from the Department that the permittee no longer meets the criteria of the financial test; that guarantees that the permittee’s chief financial officer will notify the Department within 15 days any time that the permittee no longer meets the criteria of the financial test or is named as debtor is a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; and that acknowledges that the corporate guarantee is a binding obligation on the corporation and that the chief financial officer has the authority to bind the corporation to the guarantee;

(ii) A copy of the independent certified public accountant’s (CPA) report on examination of the permittee’s financial statements for the latest completed fiscal year;

(iii) An agreed-upon procedures letter prepared in accordance with standards established by the American Institute of Certified Public Accountants from the permittee’s independent CPA in which the CPA either specifies that the figures used in determining that the corporation meets the requirements of the corporate financial test are the same as the figures in the corporation’s independently audited year end financial statements for the latest fiscal year or explains any deviation therein to the satisfaction of the Department;

(iv) A list of any facilities in Oregon or elsewhere for which the permittee is using a similar financial means test to demonstrate financial assurance.

(D) The Department may, based on a reasonable belief that the permittee no longer meets the criteria of the financial test, require reports of the financial condition at any time from the permittee in addition to the annual report. If the Department finds, on the basis of such reports or other information, that the permittee no longer meets the criteria of the financial test, the permittee shall fully fund a substitute financial assurance mechanism acceptable to the Department within 30 days after notification by the Department.

(g) Alternative Financial Assurance. Alternative forms of financial assurance may be proposed by the permittee, subject to the review and approval of the Director. The applicant must be able to prove to the satisfaction of the Department that the level of security is equivalent to subsections (a) through (f) of this section and that the criteria of OAR 340-095-0090(4)(e) and sections (1) through (4) of this rule are met. Submittal of an alternative financial assurance mechanism to the Department for review and approval shall include third-party certification as specified in OAR 340-095-0090(7).

(7) Allowable Financial Assurance Mechanisms for Corrective Action. A permittee shall provide one of the following forms of financial assurance for corrective action: a trust fund, a surety bond guaranteeing performance of corrective action, an irrevocable letter of credit, a corporate guarantee, or alternative forms of financial assurance, pursuant to subsections (6)(a), (c), (d), (f) or (g) of this rule, respectively. Unless specifically required by a mutual agreement and order pursuant to ORS 465.325, the surcharge provisions of ORS 459.311 shall not be used to meet the financial assurance requirements of this rule for financial assurance for corrective action.

NOTE: Formats containing the standard wording for financial assurance mechanisms as required by OAR 340-095-0095(5) may be obtained from the Department.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 459.045 & 468.020

Stats. Implemented: ORS 459.248, 459.272 & 459.273

Hist.: DEQ 2-1995, f. & cert. ef. 1-10-95, Renumbered from 340-095-0090(5); DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0001

Applicability

OAR chapter 340, division 96 applies to energy recovery facilities and incinerators receiving solid waste delivered by the public or by a solid waste collection service, composting facilities, conversion technology facilities, sludge disposal sites, land application disposal sites, transfer stations, material recovery facilities and solid waste treatment facilities. Such facilities are disposal sites as defined by ORS Chapter 459, and are also subject to the requirements of OAR chapter 340, division 93, financial assurance requirements as set forth in division 95 at OAR 340-095-0090 and 340-095-0095, and division 97. The department may tailor the financial assurance requirements to the nature of the facility and may exempt low risk facilities from the financial assurance requirements. For purposes of these division 96 rules, a low risk facility is one the department determines is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure.

Stat. Auth.: ORS 459.005 - 459.418 & 459A.100 - 459A.120

Stats. Implemented: ORS 459.015 & 459.045

Hist.: DEQ 5-1993, f. & cert. ef. 3-10-93; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0010

Special Rules Pertaining to Incineration

(1) Applicability. This rule applies to all energy recovery facilities and incinerators receiving solid waste delivered by the public or by a solid waste collection service.

(2) Detailed Plans and Specifications:

(a) All incineration equipment and air pollution control appurtenances thereto must comply with air pollution control rules and regulations and emission standards of this department or the regional air pollution control authority having jurisdiction;

(b) Detailed plans and specifications for incinerator disposal sites must include, but not be limited to, the location and physical features of the site, such as contours, drainage control, landscaping, fencing, access and on-site roads, solid waste handling facilities, truck washing facilities, ash and residue disposal and design and performance specifications of incineration equipment and provisions for testing emissions there from.

(3) Incinerator Design and Construction:

(a) Ash and Residue Disposal. Incinerator ash and residues must be disposed in an approved landfill unless handled otherwise in accordance with a plan approved in writing by the department;

(b) Waste Water Discharges. There must be no discharge of waste water to public waters except in accordance with a permit from the department, issued under ORS 468B.050;

(c) Access Roads. All weather roads must be provided from the public highways or roads, to and within the disposal site and must be designed and maintained to prevent traffic congestion, traffic hazards and dust and noise pollution;

(d) Drainage. An incinerator site must be designed such that surface drainage will be diverted around or away from the operational area of the site;

(e) Fire Protection. Fire protection must be provided in accordance with plans approved in writing by the department and in compliance with pertinent state and local fire regulations;

(f) Fences. Access to the incinerator site must be controlled by means of a complete perimeter fence and gates which may be locked;

(g) Sewage Disposal. Sanitary waste disposal must be accomplished in a manner approved by the department or state or local health agency having jurisdiction;

(h) Truck Washing Facilities. Truck washing areas, if provided, must be hard surfaced and all wash waters must be conveyed to a catch basin, drainage and disposal system approved by the Department or state or local health agency having jurisdiction.

(4) Incinerator Operations:

(a) Storage:

(A) All solid waste deposited at the site must be confined to the designated dumping area;

(B) Accumulation of solid wastes and undisposed ash residues must be kept to minimum practical quantities.

(b) Salvage:

(A) A permittee may conduct or allow the recovery of materials such as metal, paper and glass from the disposal site only when such recovery is conducted in a planned and controlled manner approved by the department in the facility’s operations plan;

(B) Salvaging must be controlled so as not to interfere with optimum disposal operation and to not create unsightly conditions or vector harborage;

(C) All salvaged material must be stored in a building or enclosure until it is removed from the disposal site in accordance with a recycling program authorized in the operations plan.

(c) Nuisance Conditions:

(A) Blowing debris must be controlled such that the entire disposal site is maintained free of litter;

(B) Dust, malodors and noise must be controlled to prevent air pollution or excessive noise as defined by ORS Chapters 467 and 468A and rules and regulations adopted pursuant thereto.

(d) Health Hazards. Rodent and insect control measures must be provided, sufficient to prevent vector production and sustenance. Any other conditions which may result in transmission of disease to man and animals must be controlled;

(e) Air Quality. The incinerator must be operated in compliance with applicable air quality rules (OAR 340-025-0850 through 340-025-0905);

(f) Records. The department may require such records and reports as it considers are reasonably necessary to ensure compliance with conditions of a permit or OAR chapter 340, divisions 93 through 97. All records must be kept for a minimum of five years. In the case of a change in ownership of the permitted facility, the new permittee is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.015 & 459.205

Hist.: DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0045; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0040

Transfer Stations and Material Recovery Facilities

(1) Applicability. This rule applies to all transfer stations and material recovery facilities (except composting facilities). Such facilities are disposal sites as defined by ORS Chapter 459, and are also subject to the requirements of OAR chapter 340, divisions 93, 95 and 97 as applicable.

(2) Plans and Specifications. Plans and specifications for a fixed or permanent transfer station or material recovery facility shall include, but not be limited to, the location and physical features of the facility such as contours, surface drainage control, access and on-site roads, traffic routing, landscaping, weigh stations, fences and specifications for solid waste handling equipment, truck and area washing facilities and wash water disposal, and water supply and sanitary waste disposal.

(3) Design and Construction:

(a) Waste Water Discharges. There shall be no discharge of waste water to public waters except in accordance with a permit from the Department, issued under ORS 468B.050;

(b) Access Roads. All weather roads shall be provided from the public highways or roads, to and within the disposal site and shall be designed and maintained to prevent traffic congestion, traffic hazards and dust and noise pollution;

(c) Drainage. The site shall be designed such that surface drainage will be diverted around or away from the operational area of the site;

(d) Fire Protection. Fire protection shall be provided in accordance with plans approved in writing by the Department and in compliance with pertinent state and local fire regulations;

(e) Fences. Access to the site shall be controlled by means of a complete perimeter fence and gates which may be locked;

(f) Sewage Disposal. Sanitary waste disposal shall be accomplished in a manner approved by the Department or state or local health agency having jurisdiction;

(g) Truck Washing Facilities. Truck washing areas, if provided, shall be hard surfaced and all wash waters shall be conveyed to a catch basin, drainage and disposal system approved by the Department or state or local health agency having jurisdiction.

(4) Operations:

(a) Storage:

(A) All solid waste deposited at the site shall be confined to the designated dumping area;

(B) Accumulation of solid wastes shall be kept to minimum practical quantities.

(b) Salvage:

(A) A permittee may conduct or allow the recovery of materials such as metal, paper and glass from the disposal site only when such recovery is conducted in a planned and controlled manner approved by the Department in the facility’s operations plan;

(B) Salvaging shall be controlled so as to not interfere with optimum disposal operation and to not create unsightly conditions or vector harborage;

(C) All salvaged material shall be stored in a building or enclosure until it is removed from the disposal site in accordance with a recycling program authorized in the operations plan.

(c) Nuisance Conditions:

(A) Blowing debris shall be controlled such that the entire disposal site is maintained free of litter;

(B) Dust, malodors and noise shall be controlled to prevent air pollution or excessive noise as defined by ORS Chapters 467 and 468A and rules and regulations adopted pursuant thereto.

(d) Health Hazards. Rodent and insect control measures shall be provided, sufficient to prevent vector production and sustenance. Any other conditions which may result in transmission of disease to man and animals shall be controlled;

(e) Records. The Department may require such records and reports as it considers are reasonably necessary to ensure compliance with conditions of a permit or OAR Chapter 340, Divisions 93 through 97. In the case of a change in ownership of the permitted facility, the new permittee is responsible for ensuring that the records are transferred from the previous permittee and maintained for the number of years required by the Department.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0065; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0060

Special Rules Pertaining to Composting: Applicability

(1) No person may construct or operate a composting facility except as provided in this rule.

(2) All composting facilities must comply with 340-096-0070: Performance Standards.

(3) All composting facilities, except those composting facilities exempt under (3)(a) of this rule, must comply with OAR 340-096-0080: Screening.

(a) A facility with composting activities limited to one or more of the following is exempt from the requirements of OAR 340-096-0080: Screening, 340-096-0090: Operations Plan Approval, 340-096-100: Registration, and 340-096-0110: Composting Permit, unless the department determines the composting facility may adversely affect human health or the environment:

(A) A composting facility composting less than 100 tons of Type 1 feedstock, Type 2 feedstock, or both during any calendar year;

(B) A composting facility composting less than 20 tons of Type 3 feedstock during any calendar year;

(C) A composting facility composting less than 40 tons of Type 3 feedstock in any calendar year when conducting in-vessel composting in containers designed to prohibit vector attraction and prevent nuisance and odor generation;

(D) A composting facility that produces silage on a farm for animal feed;

(E) A home composting facility; and

(F) A composting facility that is being operated in conjunction with a Confined Animal Feeding Operation permitted by the Oregon Department of Agriculture that is in compliance with a composting facility management plan approved by the Oregon Department of Agriculture that meets the requirements of OAR 340-096-0090 and for which the Oregon Department of Agriculture is providing oversight under an agreement with the department. The Oregon Department of Agriculture may require that a facility that qualifies for a department exemption under this paragraph comply with OAR 340-096-0080: Screening.

(4) All composting facilities that are determined by the department to present more than a low risk to human health or the environment under OAR 340-096-0080(3)(b): Screening, except those facilities that are exempt under (3)(a) of this rule, must comply with OAR 340-096-0090: Operations Plan Approval and 340-096-0110: Composting Permit.

(5) Any composting facility in operation before September 14, 2009 that submitted materials required by OAR 340-096-0080:Screening, by March 15, 2010 may continue in operation pending a determination by the department under OAR 340-096-0080: Screening and issuance by the department of a Registration under OAR 340-096-0100: Registration or a Composting Permit under OAR 340-096-0110: Composting Permit. Any anaerobic digestion facility possessing a solid waste treatment facility permit on August 22, 2013 may either continue to operate under the solid waste treatment facility permit, or may apply for a composting facility permit or registration under OAR 340-096-0080(3)(b): Screening.

(6) Any person proposing to begin operation of a new composting facility or to substantially modify an existing facility, where such a facility is not exempt under section (3) of this rule, must comply with OAR 340-096-0080: Screening and provide to the department the information required by OAR 340-096-0080(1) at least 180 days before the facility is proposed to begin operation.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0070

Special Rules Pertaining to Composting: Performance Standards

(1) All composting facilities must be designed, constructed, and operated in a manner that does not cause a discharge of leachate, liquid digestate, or stormwater from the facility to surface water, except when such discharge is in compliance with a discharge permit issued by the department.

(2) All composting facilities that collect and dispose of leachate, liquid digestate, or stormwater in engineered structures must comply with the applicable requirements of OAR 340-096-0130: Special Rules Pertaining to Composting: Biogas, Liquid Digestate and Leachate Collection Design and Management Requirements.

(3) All composting facilities must be designed, constructed, and operated in a manner that does not cause a likely adverse impact to groundwater under OAR 340 Division 40. All composting facilities proposing to use infiltration in soil as a method for managing leachate, liquid digestate, or stormwater must comply with OAR 340-096-0120: Groundwater Protection.

(4) All composting facilities must be designed, constructed, and operated in a manner that, to the greatest extent practicable, consistent with proper facility design and operation, controls and minimizes odors that are likely to cause adverse impacts outside the boundaries of the facility.

(5) All composting facilities must be designed, constructed, and operated in a manner that achieves human pathogen reduction as required by OAR 340-096-0140: Pathogen Reduction.

(6) All composting facilities must be designed, constructed, and operated in a manner that controls or prevents propagation, harborage, or attraction of vectors, including but not limited to rats, birds, and flies.

(7) All composting facilities that produce, collect or store biogas must be designed, constructed, and operated to meet state and local fire regulations to address the potential for fire and explosions.

(8) All composting facilities that collect, store and manage liquid digestate must demonstrate adequate capacity to store or remove the digestate. For facilities that land apply, storage must be provided for periods when the production of liquid digestate exceeds the capacity of the soil to use the digestate at agronomic rates including during wet winter months.

(9) All composting facilities must comply with all other applicable laws and regulations.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0080

Special Rules Pertaining to Composting: Screening

(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

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0090

Special Rules Relating to Composting: Operations Plan Approval

(1) All composting facilities subject to this rule must prepare a facility operations plan for review and approval by the department that describes how the facility will be designed and operated to meet the performance standards set out in OAR 340-096-0070. The Operations Plan Approval fee required by OAR 340-097-0120(4) and, if applicable, the Engineering review fee required by OAR 340-097-0120(5), must be submitted to the department with the proposed plan.

(2) Except as provided in OAR 340-096-0060(5), a composting facility subject to this rule may not begin or continue operation until the department approves the facility Operations Plan. All composting facilities subject to this rule must operate in compliance with the Operations Plan approved by the department. Any significant changes in the Operations Plan must be approved by the department.

(3) If the department determines that an approved Operations Plan is incomplete, inadequate, or otherwise fails to provide the necessary information and assurances that the composting facility will comply with OAR 340-096-0070: Performance Measures or with section (6) of this rule, the department may require the composting facility to revise the Operations Plan.

(4) After receiving a proposed Operations Plan, the department will provide the facility operator with an opportunity to meet with the department and discuss the composting facility, the proposed Operations Plan, and any department concerns or issues related to the facility and the plan. Upon final department approval of an Operations Plan, the composting facility must comply with OAR 340-096-0110: Composting Permit.

(5) All Operations Plans subject to this rule must address the elements set out in this section.

(a) Feedstocks and products. The Operations Plan must describe the types and volumes of feedstocks the facility will accept, the methods the facility will use to produce compost, and the proposed uses of the compost, biogas, digestate and other products and materials.

(b) Protection of Surface Water. The Operations Plan must describe how the facility will be designed and operated to comply with OAR 340-096-0070(1) and (2) by describing the operational procedures and any structures the facility will use to manage any leachate and any stormwater generated at the facility. Any facility that manages leachate or stormwater in an engineered structure must submit detailed plans and specifications for any such structures and comply with OAR 340-096-0130: Leachate and Stormwater Collection Design and Management Requirements.

(c) Protection of groundwater. The Operations Plan must describe how the facility will be designed and operated to comply with OAR 340-096-0070(3). Any facility that manages leachate or stormwater through infiltration into soil must comply with OAR 340-096-0120: Groundwater.

(d) Odor control. The Operations Plan must describe the methods and procedures the facility will use to comply with OAR 340-096-0070(4) and with 340-096-0150: Odors.

(e) Pathogen reduction. Unless the facility is exempt from pathogen reduction under OAR 340-096-0140(1), the Operations Plan must describe methods the facility will use to comply with OAR 340-096-0140: Pathogen Reduction, including:

(A) Methods the facility will use to comply with OAR 340-096-0070(5) to achieve the pathogen reduction standards set out in OAR 340-096-0140(2);

(B) Methods the facility will use for sampling and testing of composted material and digestate to assure that the required human pathogen reduction is being achieved; and

(C) Procedures the facility will use for handling composted material and digestate that does not meet pathogen reduction standards.

(f) Vector attraction. The Operations Plan must describe methods the composting operation will use to comply with OAR 340-096-0070(6) to minimize the attraction of vectors such as rats, birds, flies.

(g) Closure. The Operations Plan must include a Closure Plan that must address:

(A) Removal of equipment and materials used to operate and maintain the facility;

(B) Disposal of unused feedstocks, partially processed residues and finished compost, biogas, digestate, and other products and materials;

(C) Disposal of processed compost, biogas, digestate, and other products and materials that, due to concentrations of contaminants, cannot be marketed or used for beneficial purposes; and

(D) Abandonment of treatment facilities, including ponds and lagoons, and removal of residues, including a preliminary evaluation of potential impacts to soil and groundwater below ponds and treatment facilities.

(h) Post Closure. The Operations Plan must include a Post-Closure Plan to address groundwater and surface water issues after the facility is closed.

(i) Recordkeeping. The Operations Plan must describe the methods the facility will use for keeping records of:

(A) Weight and volumes of incoming feedstocks;

(B) Pathogen testing conducted under 5(e) of this rule;

(C) Complaints and actions taken to address complaints; and

(D) Any upsets or violations of the Operations Plan.

(6) As part of the Operations Plan approval process, the department will review with the composting facility the matters listed in this section. The department may require, either in its initial Operations Plan review or under section (3) of this rule, that an Operations Plan include any of the matters listed in this section if the department determines that such measures are necessary for the facility to meet the requirements of OAR 340-096-0070: Performance Standards, to comply with any other laws or regulations, or when required to correct other unacceptable conditions at a facility.

(a) Process controls. When required by the department, an Operations Plan must:

(A) Describe how the facility will monitor and record processing parameters including nutrient balance (C:N ratio), moisture content, aeration, pH, temperature and retention time;

(B) Include a mass balance calculation showing all feedstocks and amendments and all products produced, with the mass balance calculation being detailed and using a standard unit of measurement throughout; and

(C) Include any other information required by the department as necessary to understand process operations.

(b) Material management. When required by the department, an Operations Plan must:

(A) Describe how the facility will limit the receipt of non-compostable materials and screen incoming feedstocks to separate and remove non-compostable materials such as plastic packaging;

(B) Describe how the facility will handle feedstocks, composted material and digestate to prevent pathogen regrowth and cross contamination of piles; and

(C) Describe how the facility will manage and dispose of compost, biogas, digestate and other products and materials that cannot be marketed or used for beneficial purposes.

(c) Removal of compost, biogas, digestate and other products and materials. When required by the department, an Operations Plan must provide for removal of compost, biogas, digestate and other products and materials from the facility as frequently as possible, but not later than:

(A) Two years after processing is completed, for finished compost; and

(B) Six months after processing is completed, for all other products and materials, or longer if specified in a permit or by written approval of the department.

(d) Incorporation of feedstocks. When required by the department, the Operations Plan must include a schedule for incorporating feedstocks into active composting piles or the anaerobic digester.

(e) Storage of feedstocks and digestate. When required by the department, the Operations Plan must:

(A) Identify designated areas where all feedstocks deposited, and digestate generated at the site, will be confined;

(B) Provide that accumulation of feedstocks and digestate does not create odor or vector problems, or create other nuisance conditions;

(C) Provide that undisposed residues are kept to minimum practical quantities; and

(D) Provide for facilities and procedures for handling, recycling or disposing of materials contained in feedstocks or digestate that are non-biodegradable by composting.

(f) Salvage. When required by the department, the Operations Plan must provide procedures for recovery of materials such as metal, paper and glass so that recovery does not interfere with composting operations, or create unsightly conditions or vector harborage.

(g) Access Roads. When required by the department, the Operations Plan must:

(A) Provide for all-weather roads from the public highway or roads to and within the composting operation that are designed and maintained to prevent traffic congestion, traffic hazards and dust and noise pollution.

(B) Provide for effective barriers to unauthorized entry and dumping, such as fences, gates and locks.

(h) Fire Protection. When required by the department, the Operations Plan must provide for fire protection in compliance with applicable state and local fire regulations.

(i) Dust and litter. When required by the department, the plan must provide for effective methods to reduce or avoid dust, and litter, and to prevent tracking of mud or other materials off the facility;

(j) Containers. When required by the department, the operations plan must describe how the facility will clean and manage all containers at the facility.

(k) Vehicles. When required by the department, the Operations Plan must describe how all vehicles and devices operated by the facility will be maintained and operated to prevent leaking, or spilling of feedstocks or finished compost, biogas, digestate or other products or materials while in transit.

(l) Truck Covers. When required by the department, the Operations Plan must describe how the facility will notify all incoming feedstock haulers that trucks must be covered or suitably cross-tied to prevent any load loss during shipment.

(m) Tanks and piping. When required by the department, the Operations Plan for composting facilities using anaerobic digestion must describe how piping and tanks will be maintained and operated to prevent explosions, fire, leaks and spills.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0100

Special Rules Relating to Composting: Registration

(1) All composting facilities required to register with the department by OAR 340-096-0080(3)(a) must comply with this rule. Except as provided in OAR 340-096-0060(5), a facility subject to this rule must not begin operation before the registration process is complete and the department issues the registration.

(2) After the requirements of OAR 340-093-0100 with respect to public notice and comment have been completed, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a registration to the facility. The registration is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97.

(3) All composting facilities with a registration under this rule must comply with the following:

(a) Comply with OAR 340-096-0070: Performance Standards;

(b) For facilities with department Conditions of Approval for operation of the facility, comply with all conditions;

(c) If required by the department, submit an annual report of the weight of feedstocks used for composting on a form provided by the department;

(d) If a composting facility discharges leachate, liquid digestate, or stormwater under a permit issued by the department, submit an annual report to the department with the sampling data required by the permit or permits;

(e) Immediately notify the department of any violation of the facility Conditions of Approval or OAR 340-096-0070: Performance Standards;

(f) Immediately notify the department of any significant change of status of the facility, including any change in the ownership or operation of the facility, the location of the composting operation, the type or volume of feedstocks used, and the composting process used by the facility;

(g) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years;

(h) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, Divisions 93, 96, and 97; and

(i) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if, based on the information submitted under OAR 340-096-0080, an Operations Plan approved under OAR 340-0096-0090, and any other information available to the department, the department determines that the facility is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure; and

(j) If required, pay the Engineering Review fee under OAR 340-097-0120(5).

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0110

Special Rules Pertaining to Composting: Composting Permit

(1) All composting facilities required by OAR 340-096-0060 to operate under a Composting Permit must comply with this rule. Except as provided in OAR 340-096-0060(5), all facilities subject to this rule must receive a Composting Permit before a facility may operate.

(2) After paying applicable fees, and after completing the requirements of OAR 340-093-0100 with respect to public notice and comment, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a Composting Permit for the facility. The Composting Permit is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97. The requirements for screening under OAR 340-096-0080 replace the permit application requirements under OAR 340-093-0070(3), 340-093-0130, and 340-093-0140.

(3) All composting facilities permitted under this rule must comply with the following:

(a) Comply with OAR 340-096-0070: Performance Standards;

(b) Comply with all requirements of the facility Operations Plan;

(c) If required by the department, submit an annual report of the weight of feedstocks used for composting on a form provided by the department;

(d) If a composting facility discharges leachate or stormwater under a permit issued by the department, submit an annual report to the department with the sampling data required by the permit or permits;

(e) Immediately notify the department of any violation of the facility Operations Plan, Conditions of Approval, or OAR 340-096-0070: Performance Standards;

(f) Immediately notify the department of any significant change of status of the composting operation, including any change in the ownership or operation of the facility, the location of the facility, type or volume of feedstocks used, and the composting process used by the facility;

(g) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the composing facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years;

(h) Comply with OAR 340-097-0120(6)(c) with respect to fees;

(i) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, divisions 93, 96, and 97; and

(j) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if the department determines, based on the information submitted under OAR 340-096-0070, an Operations Plan approved under OAR 340-0096-0090, and any other information available to the department, the facility is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0120

Special Rules Pertaining to Composting: Groundwater Protection

(1) All composting facilities using or proposing to use infiltration in soil as a method for managing leachate, liquid digestate, or stormwater must comply with this rule.

(2) Methods of soil infiltration that are subject to this rule include, but are not limited to:

(a) Conducting any composting operations, including grinding, chipping, storing feedstocks, or composting feedstocks on surfaces that do not meet the requirements of OAR 340-096-0130: Leachate Collection Design and Management Requirements;

(b) Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to filter strips, bioswales, or other similar features; and

(c) Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to fields, pastures, cropland, or ditches.

(3) All composting facilities subject to this rule must provide to the department the information described in OAR 340-096-0080(1) and (2), and any other information required by the department to evaluate to proposed use of infiltration in soil.

(4) The department will evaluate the proposed infiltration methods to determine whether the proposed infiltration may cause likely adverse impacts to groundwater under OAR 340 Division 40.

(5) The department may approve, disapprove, restrict, require modifications to, and attach conditions to proposed infiltration methods and procedures. When approved by the department, the proposed infiltration methods and procedures, and any limitations, restrictions, and conditions required by the department as part of its approval, must be incorporated into the facility Operations Plan under OAR 340-096-0090. For “low risk” facilities exempt from OAR 340-096-0090 under 340-096-0080(3)(a), any limitations, restrictions, and conditions required by the department will be incorporated into the facility Conditions of Approval under OAR 340-096-0100.

(6) As part of its approval under this rule, the department may require the facility to conduct groundwater sampling and monitoring, and submit analytical results to the department.

(7) The department may prohibit the use of infiltration to soil as a method for managing leachate, liquid digestate, or stormwater, for some or all actions, in some or all areas of a composting facility, if based on the factors in OAR 340-096-0080 and any other information available to the department, the department determines that infiltration at a facility is likely to cause an adverse impact to groundwater under OAR 340 Division 40. The department may require the facility to conduct operations on protective surfaces to prevent such impacts. Any such protective surface must comply with OAR 340-096-0130(8).

(8) Any infiltration method that is an Underground Injection Control, as defined in OAR chapter 340, division 44, must comply with that Division.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0130

Special Rules Pertaining to Composting: Leachate Collection Design and Management Requirements

(1) All composting facilities that collect biogas, liquid digestate, leachate or stormwater in engineered structures must comply with this rule.

(2) If required by the department, a person proposing to construct a new composting facility that is subject to this rule must prepare and submit to the department a Facility Design and Construction Plan, stamped by a registered professional engineer, as part of the Operations Plan approval under OAR 340-096-0090. The Plan must include site layout, biogas collection and storage system, lining and leachate collection/management system, liquid digestate collection/management system, and stormwater and process water collection and treatment facilities.

(3) If required by the department, any person subject to this rule must submit site design and engineering plans for any new facility construction such as site modifications, liners/pads, tanks and piping, closure of existing composting areas/systems, and/or other ancillary facilities.

(4) All construction subject to this rule must be performed in accordance with the approved plans and specifications, including all conditions of approval. Any amendments to those plans and specifications must be approved in writing by the department.

(5) If required by the department, prior to initiating construction, a facility subject to this rule must submit and receive written department approval of complete construction documents for the project to be constructed. The construction documents submitted must:

(a) Define the construction project team;

(b) Include construction contract documents specifying material and workmanship, and requirements to guide how the Constructor is to furnish products and execute work; and

(c) Include a Construction Quality Assurance (CQA) plan describing the measures that will be taken to monitor and ensure that the quality of materials and the work performed by the Constructor complies with project specifications and contract requirements.

(6) If required by the department, within 90 days of completing construction, a facility subject to this rule must submit to the department a Construction Certification Report, prepared by a qualified independent party, to document and certify that all required components and structures have been constructed in compliance with the permit requirements and approved design specifications. This submittal must include “as constructed” facility plans which note any changes from the original approved plans.

(7) For a facility subject to section (6) of this rule, the facility must not accept feedstocks for storage, processing or composting in newly constructed facilities or areas until the department has accepted the Construction Certification Report. If the department does not respond in writing to the Construction Certification Report within 30 days of its receipt, the facility may accept feedstock at the facility in the newly constructed facilities or areas.

(8) Protective surface requirements. If a protective surface is required by the department under OAR 340-096-0120 for feedstock storing, mixing, grinding, or active processing areas, the surfaces must be designed to prevent release of leachate to surface water or groundwater from such areas. The surface must:

(a) Consist of at least two (2) feet of compacted soil with a hydraulic conductivity of no more than 1x10-6 cm/sec or an equivalent protection of groundwater;

(b) Be capable of resisting damage from movement of mobile operating equipment and weight of stored piles;

(c) Prevent ponding; and

(d) Direct all collected leachate, liquid digestate and stormwater to collection devices.

(9) Leachate and liquid digestate storage design must assure collection of any leachate and liquid digestate generated from areas of feedstock collection and preparation and active composting areas and convey the leachate and liquid digestate to a storage basin, tank or other containment structure that has:

(a) Adequate capacity to collect and contain the amount of leachate and liquid digestate generated. Volume calculations must be based on facility design, monthly water balance and precipitation data;

(b) A geomembrane liner or alternative design approved by the department that is equivalent to at least two (2) feet of compacted soil with a hydraulic conductivity of no more than 1x10-6 cm/sec;

(c) Secondary containment for tanks used to store leachate and liquid digestate;

(d) A monitoring system to identify releases for underground tanks; and

(e) If part of the site design, dikes or slopes designed to maintain their structural integrity under conditions of a leaking liner and capable of withstanding erosion from wave action, overfilling or precipitation.

(10) Any leachate or liquid digestate collection system subject to this rule must describe the methods the facility will use to beneficially reuse or properly dispose of all collected liquids.

(11) The department may approve alternative methods of compliance with this rule if the department determines that the proposed alternative methods will achieve the same level of protection. Proposed design alternatives to subsections (2) and (3) of this rule must be accompanied by engineered specifications for department review and approval.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0140

Special Rules Pertaining to Composting: Pathogen Reduction

(1) All composting facilities must comply with this rule, except that agricultural operations as defined by ORS 467.120(2)(a) producing composted material and digestate only for on-farm use are not subject to the requirements of this rule. The department may require that an agricultural operation comply with this rule if the department determines that such compliance is necessary to protect human health or the environment.

(2) All composted material and digestate, excluding composted material and digestate that is sent as feedstock to a composter with either a composting permit or registration, must meet the following limits:

(a) For composted material produced from Type 1 or Type 3 feedstock, or a mix of Type 1 and 3 feedstocks, analysis must be performed for salmonella or fecal coliform and meet the following limits:

(A) Salmonella analysis must result in less than 3 Most Probable Number per 4 grams of total solids (dry weight).

(B) Fecal coliform analysis must result in less than 1,000 Most Probable Number per gram of total solids (dry weight).

(b) For composted material and digestate produced from Type 1 or Type 3 feedstock with less than 50% by volume of Type 2 feedstock, analysis must be performed for salmonella or fecal coliform and meet the following limits:

(A) Salmonella analysis must result in less than 3 Most Probable Number per 4 grams of total solids (dry weight).

(B) Fecal coliform analysis must result in less than 1,000 Most Probable Number per gram of total solids (dry weight).

(c) For composted material and digestate produced from feedstock containing more than 50% volume of Type 2 feedstock in the initial pile, analysis must be performed for fecal coliform and meet the following limits:

(A) Analysis must result in less than 1,000 Most Probable Number per gram of total solids (dry weight).

(3) Methods of Pathogen Reduction. All composting facilities subject to this rule must document and implement a pathogen reduction plan that addresses requirements of the Code of Federal Regulations, 40 CFR Part 503. The plan must include a Process to Further Reduce Pathogen (PFRP), under 40 CFR Part 503 Appendix B, item (B)(1), dated February 19, 1993, that must include one of the following elements:

(a) Using either the within-vessel aerobic composting method or the static aerated pile composting method, the temperature of the active composting pile must be maintained at 55 degrees Celsius or higher for three days;

(b) Using the windrow composting method, the temperature of the active composting pile must be maintained at 55 degrees Celsius or higher for 15 days or longer. During the period when the composting pile is maintained at 55 degrees Celsius or higher, there must be a minimum of five turnings of the windrow;

(c) Using anaerobic digestion, the following parameters must be met:

(A) All feedstocks are pasteurized at 70 degrees Celsius or higher for five minutes or longer prior to placement in the digester; or

(B) The digestion process (treatment phase) maintains an operating temperature of 53 degrees Celsius or higher for five hours or longer; or

(C) The digestion process (treatment phase) maintains an operating temperature of 35 degrees Celsius or higher for 10 days or longer; or

(D) The digestion process (treatment phase) maintains an operating or liquid digestate storage temperature above 6 degrees Celsius or higher for six months or longer; or

(d) An alternative method that permittee can demonstrate achieves an equivalent reduction of human pathogens.

(4) Testing compost and solid digestate for pathogen reduction. All composting facilities subject to this rule must test composted material and solid digestate, excluding composted material and digestate that is sent as feedstock to a composter with either a composting permit or registration, with the following frequency:

(a) If less than 2,500 tons of composted material from Type 1 and 2 feedstocks are produced per year, testing must be conducted once a year.

(b) If more than 2,500 tons of composted material from Type 1 and 2 feedstock are produced per year, testing must be conducted every 5,000 tons of feedstock used or a maximum of once every three months.

(c) If less than 2,500 tons of composted material from Type 3 feedstocks are produced per year, testing must be conducted once every four months.

(d) If more than 2,500 tons of composted material from Type 3 are produced per year, testing must be conducted every 5,000 tons of feedstock used or monthly.

(5) Testing liquid digestate for pathogen reduction. The frequency with which liquid digestate must be tested for pathogen reduction depends on the average storage time for digestate following the treatment phase, where “average storage time” is defined as the total amount of liquid digestate withdrawn from storage over the course of a month, divided by the average quantity of liquid digestate being stored in that month. All anaerobic digestion facilities subject to this rule and proposing to use liquid digestate as a soil amendment, fertilizer or other productive use must test liquid digestate with the following frequency:

(a) If the average storage time for liquid digestate is less than one month, then testing must be conducted at least monthly.

(b) If the average storage time for liquid digestate is one month or greater, but less than six months, then testing must be conducted at least quarterly.

(c) If the average storage time for liquid digestate is six months or greater, then testing must be at least semi-annually.

(6) All composting facilities subject to this rule must receive written approval from the department regarding any use of liquid digestate other than:

(a) Discharge to an approved wastewater treatment system; or

(b) Discharge under a water quality permit issued under ORS 468B.050.

(7) Composted material and digestate from type X feedstock must be disposed in a landfill permitted to receive domestic solid waste, unless a facility receives written approval from the department for alternative use of the material.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0150

Special Rules Pertaining to Composting: Unacceptable Odors

(1) The department recognizes that the microbial metabolic activity in composting piles and anaerobic digestion operations causes odors, and that composting facilities cannot completely eliminate all odors. All composting facilities must be designed, constructed, and operated in manner that, to the greatest extent practicable consistent with proper facility design and operation, controls and minimizes odors that are likely to cause adverse impacts outside the boundaries of the facility.

(2) The department may require a facility to prepare an Odor Minimization Plan under section (5) of this rule, and may further require the facility to modify operations and otherwise implement all reasonable and practicable measures determined necessary by the department to control and minimize adverse impacts of odors outside the boundaries of the facility. In deciding whether to require an Odor Management Plan, the department will consider the frequency, duration, strength and intensity of odors; the number and frequency of complaints; and the number of people impacted.

(3) When a composting facility receives a complaint about odor, the facility must:

(a) Contact the complainant within 24 hours to discuss the complaint;

(b) Keep a record of the complaint; the name and telephone number of the complainant, when available; the date the complaint was received;

(c) Investigate site conditions and operations to determine the extent of an odor problem; and

(d) Immediately initiate procedures at the facility as appropriate to meet the performance standards under OAR 340-096-0070(4).

(4) A facility must notify the department:

(a) If a facility receives complaints from five or more individuals about a given event, or

(b) If an odor event lasts for more than 24 hours without resolution or mitigation of the problem creating the odor event.

(5) Odor Minimization Plan. If required by the department under OAR 340-096-0090 or this rule, the composting facility must develop an Odor Minimization Plan to minimize odors. The plan must include:

(a) A management plan for malodorous feedstocks;

(b) Procedures for receiving and recording odor complaints, immediately investigating any odor complaints to determine the cause of odor emissions, and promptly remedying any odor at the facility that does not meet the performance standards under OAR 340-096-0070(4);

(c) Additional odor-minimizing measures, which may include the following:

(A) Avoidance of anaerobic conditions in processes that are designed for aerobic composting;

(B) Use of mixing for favorable composting conditions;

(C) Formation of windrow or other composting piles into a size and shape favorable to minimizing odors;

(D) Use of end-product compost as cover to act as a filter during early stages of composting;

(E) Specification of a readily available supply of bulking agents, additives or odor control agents;

(F) Procedures for avoiding delay in processing and managing feedstocks during all weather conditions; and

(G) Methods for taking into consideration the following factors prior to turning or moving composting material:

(i) Time of day;

(ii) Wind direction;

(iii) Percent moisture;

(iv) Estimated odor potential; and

(v) Degree of maturity.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0160

Special Rules Pertaining to Conversion Technology: Applicability

(1) These rules, OAR 340-096-0160 to 340-096-0200, apply to all conversion technology facilities.

(2) No person may construct or operate a conversion technology facility except as provided in this rule.

(3) All conversion technology facilities must comply with the performance standards of OAR 340-096-0170 including those facilities not required to obtain a permit or registration.

(4) The following conversion technology facilities are exempt from the application, operations plan, registration, and permit requirements of OAR 340-093-0070, 340-096-0180, 340-096-0190, and 340-096-0200 unless the department determines the conversion technology facility may adversely affect human health or the environment:

(a) Any conversion technology facility receiving less than 20 tons of solid waste for processing during any calendar year;

(b) Any conversion technology facility that satisfies all of the following criteria:

(A) Less than one percent by weight of the waste received by the facility is putrescible;

(B) All feedstocks received are source-separated for recovery or have been separated at a material recovery facility to include only the material or group of materials that are compatible with the conversion technology process used at the facility, and do not include mixed solid waste such as auto and appliance shredder wastes or paper, plastic or other materials that have not been separated from each other;

(C) The facility either has no discharges of liquids to the ground or to the waters of this state, or has a permit issued under ORS 468B.050 and all applicable requirements of OAR Chapter 340 Divisions 93 through 97 have been met;

(D) The facility either has no discharges of contaminants to the air, or has a permit issued under ORS 468A.040 and all applicable requirements of OAR Chapter 340 Divisions 93 through 97 have been met;

(E) The facility does not routinely charge a tip fee for the feedstocks used by the conversion technology; and

(F) The person who has established or who is proposing to establish the conversion technology facility can demonstrate that the facility operation will be able to comply with the performance standards in OAR 340-096-0170 based on actual operations data from an existing facility using similar technology, and continues to comply with those standards.

(c) The owner or operator of a facility claiming an exemption under subsection (b) of this section must notify the department, on a form approved by the department, of the intent to construct a conversion technology facility and the location proposed for the construction, no less than 30 days prior to beginning construction.

(d) Used oil processing facilities that have registered with the department as a used oil processor or refiner under 40 CFR 279.51, where used oil processing is their only conversion technology activity;

(e) Any conversion technology facility that primarily processes crops grown for energy production, where the percentage of solid waste received by the facility as feedstock, excluding sawdust and vegetative crop residue such as corn stover, wheat straw, mint slugs, and onion skins, is less than 5 percent of the total feedstock processed by the facility or less than 1,000 tons per year, whichever is smaller;

(f) Facilities that hold an animal rendering license from the Oregon Department of Agriculture, provided that all the applicable requirements of OAR chapter 340 Divisions 93-97 are met; and

(g) Facilities that accept fats, oils, and greases for the production of biodiesel, provided that:

(A) The facility complies with applicable storage and collection requirements in OAR 340-093-0210, and

(B) The facility complies with the performance standards in OAR 340-096-0170.

(5) The owner or operator of a facility claiming an exemption under this rule must maintain documentation that the facility meets the requirements of the exemption and must provide that documentation to the department upon request.

(6) If a facility that was exempt under section (4) of this rule no longer meets the criteria for exemption, and is unable to promptly resume meeting the criteria, that facility must within 30 days, either apply for a conversion technology permit or registration under OAR 340-093-0070 or notify the department how they plan to resume meeting the criteria.

(7) A conversion technology facility that is not exempt under section (4) of this rule must obtain either a conversion technology permit under OAR 340-096-0200 or a conversion technology registration under OAR 340-096-0190, except as specified in section (8) of this rule.

(a) If the department determines that a conversion technology facility presents a low risk to human health or the environment under this section, the facility must obtain a conversion technology registration under OAR 340-096-0190 as described in subsection (7)(c) of this rule.

(b) The department will consider a conversion technology facility a “low risk” facility if, based on the feedstocks used, the operational and compliance history of the facility, the owner, or the operator, the information submitted under OAR 340-093-0070, and other information available to the department, the department determines that all of the following apply:

(A) The conversion technology facility is not likely to cause unpermitted releases of process water, leachate, or stormwater to surface water;

(B) The facility is not likely to cause an adverse impact to surface water or groundwater;

(C) The facility is not likely to cause an adverse impact to soil;

(D) The facility is not likely to cause odor problems beyond the boundaries of the facility;

(E) The materials produced by the conversion technology are not likely to cause a threat to human health or the environment when used in ways the material may reasonably be expected to be used as described in OAR 340-096-0170(12);

(F) The facility is not likely to be abandoned and require cleanup by public agencies. Factors that indicate a potential risk of abandonment include, but are not limited to:

(i) The technology is new, with fewer than 5 production-scale facilities using this technology known to be operating in the United States, or no production-scale facilities having been successfully operating for longer than five years.

(ii) The technology could produce low-value end-products, where a significant risk exists that the products will not be saleable.

(iii) There is a significant potential for spills or releases of hazardous substances onsite.

(iv) The facility is expected to produce significant amounts of waste products requiring disposal, and

(G) The facility does not pose other likely risks to human health or the environment as determined by the department.

(c) A conversion technology facility that is determined by the department to present a low risk to human health or the environment must obtain a conversion technology registration under OAR 340-096-0190 prior to commencing operation. Any requirements the department determines are necessary for a facility to operate in compliance with performance standards under OAR 340-096-0170 will be incorporated into the registration approval conditions under OAR 340-096-0190. Approval conditions may include any of the matters addressed in the Operations Plan approval under OAR 340-096-0180.

(d) All conversion technology facilities the department determines present a risk of potential adverse effects to human health or the environment must comply with OAR 340-096-0180: Operations Plan Approval. The department will consider a conversion technology facility to present a “risk of potential adverse effects” if the facility does not meet the conditions of a low-risk facility identified in this section.

(e) As used in this section, “likely” means that there is a reasonable potential that the event or condition will occur.

(8) The department may at any time reevaluate a conversion technology facility under this rule and may assign a facility to a different category.

(9) All conversion technology facilities that are not exempt under this rule, including facilities that have not previously been required to have a solid waste permit, must submit the permit application materials required by OAR 340-093-0070 within 180 days after the effective date of this rule. Any conversion technology facility in operation before the effective date of these rules may continue in operation pending a determination by the department and issuance by the department of a registration or a conversion technology permit under OAR 340-096-0190 or 340-096-0200. Conversion technology facilities that are permitted on August 22, 2013 under a solid waste treatment facility permit may either operate under the solid waste treatment facility permit, or may apply for a permit modification to convert the permit to a conversion technology facility permit or registration, as appropriate.

(10) Any person proposing to begin operation of a new conversion technology facility or to substantially modify an existing facility that is not exempt under section (4) of this rule must submit application materials under OAR 340-93-0070 at least 180 days before the facility is proposed to begin operation.

Stat. Auth.: ORS 459.045, 459.205, 459.215, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015, 459.205, 459.215 & 459.235

Hist.: DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0170

Special Rules Pertaining to Conversion Technology: Performance Standards

(1) Conversion technology facilities must be designed, constructed, and operated in a manner that does not cause a discharge of process water, leachate or stormwater from the facility to surface water, except when discharged in compliance with a discharge permit issued by the department.

(2) Conversion technology facilities that collect and dispose of process water, leachate or stormwater in engineered structures must comply with the same requirements that apply to compost facilities in OAR 340-096-0130, unless the structure is constructed and operated pursuant to a permit issued under ORS 468B.050.

(3) Conversion technology facilities must be designed, constructed, and operated in a manner that is not likely to cause an adverse impact to groundwater under OAR 340 Division 40. All conversion technology facilities proposing to use infiltration in soil as a method for managing leachate or stormwater must comply with the same groundwater protection requirements that apply to compost facilities in OAR 340-096-0120.

(4) Conversion technology facilities must be designed, constructed, and operated in a manner that, to the greatest extent practicable and consistent with proper facility design and operation, controls and minimizes odors and dust that are likely to cause adverse impacts outside the boundaries of the facility.

(5) Conversion technology facilities must be designed, constructed, and operated in a manner that controls or prevents propagation, harborage, or attraction of vectors, including but not limited to, rats, birds, and flies.

(6) Conversion technology facilities that produce, collect and store oil, biogas or syngases must be designed, constructed, and operated in accordance with state and local fire regulations in a manner that prevents fire and explosions.

(7) Conversion technology facilities must implement procedures as necessary to restrict incoming material to prevent receipt of, or to separate out, materials that are incompatible with the conversion technology being used, or that would pose human health or environmental risks when incorporated into the products of the conversion technology.

(8) Conversion technology facilities must provide adequate training to staff to properly operate the technology and to recognize and exclude inappropriate incoming materials.

(9) Conversion technology facilities must use incoming feedstocks in a reasonable length of time, not storing incoming feedstocks longer than six months on site, unless a longer time is approved in advance by the department in writing. Incoming feedstocks must be accepted, stored, managed and processed to avoid causing potential impact to human health or the environment.

(10) Conversion technology facilities must provide for the removal of finished products and wastes from the facility within a reasonable length of time, but not later than six months after processing of incoming feedstock by the facility has begun, unless a longer time is approved in advance by the department in writing. Finished products must be stored and managed on site to prevent impacts to human health or the environment.

(11) Conversion technology facilities must properly characterize, store, label, manage and dispose of wastes. Waste streams must be characterized in accordance with hazardous waste rules to ensure proper disposal.

(12) Hazardous substances in the material produced by a conversion technology facility must meet at least one of the two criteria listed in this section:

(a) They do not significantly exceed the concentration in a comparable raw material or commercial product, or

(b) They will not exceed acceptable risk levels when used in ways the material may reasonably be expected to be used.

(13) Conversion technology facilities must allow the department access to the facility and to facility records in order to determine compliance with these rules.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0180

Special Rules Relating to Conversion Technology: Operations Plan Approval

(1) Conversion technology facilities subject to this rule must prepare a conversion technology facility Operations Plan for review and approval by the department that describes how the conversion technology facility will be designed and operated to meet the performance standards in OAR 340-096-0170. The Operations Plan Approval fee required by OAR 340-097-0120(4) must be submitted to the department with the proposed plan.

(2) Except as provided in OAR 340-096-0160(9), a conversion technology facility subject to this rule may not begin or continue operation until the department approves the facility Operations Plan. All conversion technology facilities subject to this rule must operate in compliance with the Operations Plan approved by the department. Any significant changes in the Operations Plan must be approved by the department.

(3) If the department determines that an approved Operations Plan is incomplete, inadequate, or otherwise fails to provide the necessary information and assurances that the conversion technology facility will comply with the performance standards of OAR 340-096-0170 or with section (5) of this rule, the department may require the conversion technology facility to revise the Operations Plan.

(4) All Operations Plans subject to this rule must address each element of this section.

(a) Feedstocks and products. The Operations Plan must describe the types and volumes of feedstocks the facility will accept, the manner in which feedstocks will be accepted and stored, the conversion technology process to be used to produce products, the manner in which products will be stored, the proposed uses of products, any wastes that will be produced, how those wastes are, or will be, characterized according to hazardous waste rules and the manner in which those wastes will be disposed.

(b) Protection of surface water. The Operations Plan must describe how the facility will be designed and operated to comply with OAR 340-096-0170(1) and (2) by describing the operational procedures and any structures the facility will use to manage any process water, leachate or stormwater generated at the facility. Any facility that manages process water, leachate or stormwater in an engineered structure must submit detailed plans and specifications for any such structures and comply with the same leachate and stormwater collection requirements that apply to compost facilities under OAR 340-096-0130.

(c) Protection of groundwater. The Operations Plan must describe how the facility will be designed and operated to comply with OAR 340-096-0170(3). Any facility that manages process water, leachate or stormwater through infiltration into soil must comply with the same groundwater protection requirements that apply to compost facilities under OAR 340-096-0120.

(d) Odor control. The Operations Plan must describe the methods and procedures the facility will use to comply with OAR 340-096-0170(4).

(e) Vector attraction. The Operations Plan must describe methods the facility will use to comply with OAR 340-096-0170(5) to minimize the attraction of vectors such as rats, birds and flies.

(f) Closure. The Operations Plan must include a Closure Plan that addresses:

(A) Removal of equipment and materials used to operate and maintain the facility;

(B) Disposal of unused feedstocks, partially processed residues, finished products that cannot be marketed or used for beneficial purposes and wastes; and

(C) Abandonment of the facility, including ponds and lagoons, buildings, emission controls, waste treatment or other pollution control facilities and removal of residues, including a preliminary evaluation of potential impacts to soil and groundwater.

(g) Post Closure. When required by the department, the Operations Plan must include a Post-Closure Plan to address potential or actual contamination to groundwater and surface water or impacts to soil or any corrective action needed to address environmental issues after the facility is closed.

(h) Recordkeeping. The Operations Plan must describe the methods the facility will use for keeping records of:

(A) Weight and volumes of incoming feedstocks;

(B) Testing, if any, of feedstocks received at the facility and materials and wastes produced by the facility;

(C) Complaints and actions taken to address complaints;

(D) Spill response;

(E) Any upsets or violations of the Operations Plan or any department rules;

(F) The quantities of materials and wastes produced by the facilities, and the disposition of those materials and wastes; and

(G) Staff training records related to facility operations.

(i) Screening and Training requirements. If the proper operation of the facility requires the identification and removal of materials that could threaten human health or the environment, or that could interfere with the conversion technology process or increase the toxicity of materials produced by the facility, then the Operations Plan must specify the methods that will be used to exclude potentially harmful material from entering and being processed by the conversion technology, and must also specify the training that will be provided so that facility staff can properly identify and remove prohibited or potentially damaging materials.

(5) As part of the Operations Plan approval process, the department will review with the conversion technology facility the matters listed in this section. The department may require, either in its initial Operations Plan review or under section (3) of this rule, that an Operations Plan include any of the additional matters listed below if the department determines that such measures are necessary for the facility to meet the performance standards requirements of OAR 340-096-0170, to comply with any other laws or regulations, or to correct other unacceptable conditions at a facility.

(a) Process controls.

(A) Describe how the facility will monitor and record processing parameters including but not limited to temperature, contamination levels, storage and retention time for products, and product quality.

(B) Include a mass balance calculation showing all feedstocks and all products produced. The mass balance calculation must be detailed and use a standard unit of measurement throughout.

(C) Include any other information the department may deem necessary to determine whether the proposed facility and the operation thereof will comply with performance standards and all applicable rules of the department.

(b) Removal of finished products.

(A) Provide for removal of finished products from the facility as frequently as possible, but not later than six months after processing has begun, unless the facility demonstrates a need to store finished product for a longer period of time and the department approves the longer period of time; and

(B) Describe how the facility will manage and dispose of products that due to concentrations of contaminants cannot be marketed or used for beneficial purposes.

(c) Processing and management of feedstocks. Provide a feedstock management plan that includes a feedstock acceptance process to prevent acceptance of unauthorized, contaminated, incompatible or otherwise unusable feedstocks and a schedule for processing of feedstocks to prevent accumulation of unprocessed material.

(d) Storage of feedstocks.

(A) Identify designated areas where all feedstocks deposited at the site will be confined;

(B) Provide that accumulation of feedstocks does not create odor or vector problems, or create other nuisance conditions;

(C) Provide that undisposed residues are kept to minimum practical quantities; and

(D) Provide for facilities and procedures for handling, recycling or disposing of feedstocks that are unauthorized, contaminated, not compatible with the conversion technology process or otherwise unusable.

(e) Salvage. Describe procedures for recovery of materials such as metal, paper and glass so that recovery does not interfere with conversion technology operations, or create unsightly conditions or vector harborage.

(f) Access Roads.

(A) Provide for all-weather roads from the public highway or roads to, and within, the facility that are designed and maintained to prevent traffic congestion, traffic hazards and dust; and

(B) Provide for effective barriers to unauthorized entry and dumping, such as fences, gates and locks.

(g) Fire Protection. Provide for fire protection in compliance with applicable state and local fire regulations.

(h) Dust and litter. Provide for effective methods to reduce or avoid dust, and litter, and to prevent tracking of mud or other materials off the facility;

(i) Containers. Describe how the facility will clean and manage all containers at the facility.

(j) Vehicles. Describe how all vehicles and devices operated by facility will be maintained and operated to prevent leaking or spilling of feedstocks or finished products while in transit.

(k) Truck Covers. Describe how the facility will notify all incoming feedstock haulers that trucks must be covered or suitably cross-tied to prevent any load loss during shipment.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0190

Special Rules Relating to Conversion Technology: Registration

(1) All conversion technology facilities required to register with the department by OAR 340-096-0160(7) must comply with this rule. Except as provided in OAR 340-096-0160(9), a facility subject to this rule may not begin operation before the department has issued a registration to the facility.

(2) After the requirements of OAR 340-093-0100 with respect to public notice and comment have been completed, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a registration to the facility. The registration is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97.

(3) All conversion technology facilities registered under this rule must:

(a) Comply with OAR 340-096-0170: Performance Standards;

(b) Comply with all Conditions of Approval that are required by the department for operation of the facility;

(c) Submit an annual or more frequent report, as required by the department, on a form provided by or approved by the department, of the weight of feedstocks used for conversion at the facility, and any other information required under OAR 340-097-0110(6), 340-090-0100(3) and (5), or as needed by the department to monitor the flow of solid waste in Oregon.

(d) Immediately notify the department of any violation of the facility Conditions of Approval or performance standards under OAR 340-096-0170;

(e) Immediately notify the department of any significant change of status of the conversion technology facility, including any change in the ownership or operation of the facility, the location of the conversion technology operation, the type or volume of feedstocks used, and the conversion technology process used by the facility;

(f) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years;

(g) Comply with OAR 340-097-0120(6) with respect to annual registration permit compliance fees;

(h) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, Divisions 93, 96, and 97; and

(i) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if, based on the information submitted under OAR 340-093-0070, and any other information available to the department, the department determines that the facility is not likely to generate significant amounts of residual waste materials or contamination from the facility operation that will remain at closure.

(4) Conversion technology facilities that are mobile disposal sites, before establishing operation in a new location, must:

(a) Obtain from the local government unit, or units having jurisdiction, a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission’s Statewide Planning Goals;

(b) Notify the department regarding the new location where they will be operating; and

(c) If requested by the department, provide site characterization information for specific elements specified in OAR 340-93-0130.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 7-2013, f. & cert. ef. 8-29-13

340-096-0200

Special Rules Pertaining to Conversion Technology: Conversion Technology Permit

(1) All conversion technology facilities required by OAR 340-096-0160 to operate under a conversion technology permit must comply with this rule. Except as provided in OAR 340-096-0160(9), a facility subject to this rule may not begin operation before the permitting process is complete and they have received their conversion technology permit from the department.

(2) After the requirements of OAR 340-093-0100 with respect to public notice and comment have been completed, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a Conversion Technology Permit for the facility. The Conversion Technology Permit is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97.

(3) All conversion technology facilities permitted under this rule must comply with the following:

(a) Comply with OAR 340-096-0170: Performance Standards;

(b) Comply with all requirements of the department approved facility Operations Plan;

(c) Submit an annual or more frequent report, on a form provided by or approved by the department, of the weight of feedstocks used for conversion at the facility and any other information required under OAR 340-097-0110(6), 340-090-0100(3) and (5), or needed by the department to monitor the flow of solid waste in Oregon.

(d) Immediately notify the department of any violation of the facility Operations Plan, Conditions of Approval, or Performance Standards under OAR 340-096-0170;

(e) Immediately notify the department of any significant change of status of the operation, including any change in the ownership or operation of the facility, the location of the facility, type or volume of feedstocks used, and the conversion technology process used by the facility;

(f) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years;

(g) Comply with OAR 340-097-0120(6) with respect to annual permit compliance fees;

(h) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, divisions 93, 96, and 97; and

(i) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if the department determines, based on the information submitted under OAR 340-093-0070, an Operations Plan approved under OAR 340-096-0180, and any other information available to the department, the facility is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure.

(4) Conversion technology facilities that are mobile disposal sites, before establishing operation in a new location, must:

(a) Obtain from the local government unit, or units having jurisdiction, a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission’s Statewide Planning Goals;

(b) Notify the department regarding the new location where they will be operating; and

(c) If requested by the department, provide site characterization information for specific elements specified in OAR 340-093-0130.

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205

Hist.: DEQ 7-2013, f. & cert. ef. 8-29-13

340-097-0001

Applicability

OAR chapter 340, division 97 applies to persons owning or operating, or applying to the Department to own or operate, a municipal solid waste landfill, a non-municipal land disposal site, an energy recovery facility or an incinerator receiving solid waste delivered by the public or by a solid waste collection service, a composting facility, a sludge disposal site, a land application disposal site, a transfer station, a material recovery facility, a solid waste treatment facility, a solid waste conversion technology facility, or any other solid waste disposal site required to obtain a solid waste permit from the Department. It also applies to persons who transport solid waste out of Oregon to a disposal site that receives domestic solid waste.

Stat. Auth.: ORS 459.045, 459A.100 - 459A.120 & 468.020

Stats. Implemented: ORS 459.235

Hist.: DEQ 5-1993, f. & cert. ef. 3-10-93; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 7-2013, f. & cert. ef. 8-29-13

340-097-0110

Solid Waste Permit and Disposal Fees

(1) Each person required to have a Solid Waste Disposal Permit is subject to the following fees:

(a) An application processing fee for new facilities which must be submitted with the application for a new permit as specified in OAR 340-097-0120(2);

(b) A solid waste permit compliance fee as listed in OAR 340-097-0120(6); and

(c) The 1991 Recycling Act permit fee as listed in OAR 340-097-0120(7).

(2) Each disposal site receiving domestic solid waste will be subject to the per-ton solid waste disposal fees on solid waste as specified in OAR 340-097-0120(8).

(3) Out-of-state solid waste. Each disposal site or regional disposal site receiving solid waste generated out-of-state must pay a per-ton solid waste disposal fee as specified in OAR 340-097-0120(8).

(4) Oregon waste disposed of out-of-state. A person who transports solid waste that is generated in Oregon to a disposal site located outside of Oregon that receives domestic solid waste must pay the per-ton solid waste disposal fees as specified in OAR 340-097-0120(8):

(a) For purposes of this rule and OAR 340-097-0120(8), a person is the transporter if the person transports or arranges for the transport of solid waste out of Oregon for final disposal at a disposal site that receives domestic solid waste, and is:

(A) A solid waste collection service or any other person who hauls, under an agreement, solid waste out of Oregon;

(B) A person who hauls his or her own industrial, commercial or institutional waste or other waste such as cleanup materials contaminated with hazardous substances;

(C) An operator of a transfer station, when Oregon waste is delivered to a transfer station located in Oregon and from there is transported out of Oregon for disposal;

(D) A person who authorizes or retains the services of another person for disposal of cleanup materials contaminated with hazardous substances; or

(E) A person who transports infectious waste.

(b) Notification requirement:

(A) Before transporting or arranging for transport of solid waste out of the State of Oregon to a disposal site that receives domestic solid waste, a person must notify the department in writing on a form provided by the department. The persons identified in subsection (4)(a) of this rule are subject to this notification requirement;

(B) The notification must include a statement of whether the person will transport the waste on an on-going basis. If the transport is on-going, the person must re-notify the department by January 1 of each year of his or her intention to continue to transport waste out-of-state for disposal.

(c) As used in this section, “person” does not include an individual transporting the individual’s own residential solid waste to a disposal site located out of the state.

(5) Fees. The solid waste permit compliance fee must be paid for each year a disposal site is in operation or under permit. The 1991 Recycling Act permit fee, if applicable, must be paid for each year the disposal site is in active operation. The fee period shall be prospective and is as follows:

(a) New sites:

(A) Any new disposal site must pay a solid waste permit compliance fee and 1991 Recycling Act permit fee, if applicable, 30 days after the end of the calendar quarter in which solid waste is received at the facility, except as specified in paragraph (5)(a)(B), (C) or (D) of this rule;

(B) For a new disposal site other than a transfer station, material recovery facility, or composting facility that receives less than 1,000 tons of solid waste a year, for the first year’s operation, the entire permit compliance fee must be paid if the facility is placed into operation on or before September 1. Any new facility placed into operation after September 1 will not owe a permit compliance fee until the following January 31. An application for a new disposal site receiving less than 1,000 tons of solid waste a year must include the applicable permit compliance fee for the first year of operation;

(C) For a new industrial solid waste disposal site, sludge or land application disposal site or solid waste treatment facility receiving more than 1,000 but less than 20,000 tons of solid waste a year, these facilities must pay a solid waste permit compliance fee and 1991 Recycling Act permit fee, if applicable, on January 31 following the calendar year in which the facility is placed into operation;

(D) For a new transfer station, material recovery facility or composting facility, for the first fiscal year’s operation, the entire permit compliance fee must be paid if the facility is placed into operation on or before April 1. Any new facility placed into operation after April 1 will not owe a permit compliance fee until the department’s annual billing for the next fiscal year. An application for a new transfer station, material recovery facility or composting facility must include the applicable permit compliance fee for the first year of operation.

(b) Existing permitted sites. Any existing disposal site that is in operation, is permitted to receive or receives solid waste in a calendar year must pay the solid waste permit compliance fee and 1991 Recycling Act permit fee, if applicable, for that year as specified in OAR 340-097-0120(6)(a), (b), (c) and (7). A facility will be deemed to be an “existing permitted site” from the time of permit issuance;

(c) Closed sites. If a land disposal site stops receiving waste before April 1 of the fiscal year in which the site permanently ceases active operations, the permittee must pay the solid waste permit compliance fee for the “year of closure” as specified in OAR 340-097-0120(6)(d)(A) as well as the permit compliance fee paid quarterly by the permittee based on the waste received in the previous calendar quarters. If a land disposal site has permanently ceased receiving waste and the site is closed, a solid waste permittee must pay the solid waste permit compliance fee for closed sites as specified in OAR 340-097-0120(6)(d);

(d) The Director may alter the due date for the solid waste permit compliance fee and, if applicable, the 1991 Recycling Act permit fee upon receipt of a justifiable request from a permittee.

(6) Tonnage reporting. The permit compliance fee, 1991 Recycling Act permit fee if applicable, and per-ton solid waste disposal fees, if applicable, must be submitted together with a form approved by the department. Information reported must include the amount and type of solid waste and any other information required by the department to substantiate the tonnage or to calculate the state material recovery rate.

(7) Calculation of tonnage. Permittees and registrants are responsible for accurate calculation of solid waste tonnage. For purposes of determining appropriate fees under OAR 340-097-0120(6) through (8), annual tonnage of solid waste received must be calculated as follows:

(a) Municipal solid waste facilities. Annual tonnage of solid waste received at municipal solid waste facilities, including construction and demolition sites and municipal solid waste composting facilities, receiving 50,000 or more tons annually must be based on weight from certified scales. When certified scales are required, all solid waste received at the facility for disposal must be weighed at the facility’s scales, except as otherwise approved by the department in writing. If certified scales are required but are temporarily not functioning, all solid waste received at the facility must either use other certified scales in the area or estimate tonnage as specified in this section. If certified scales are not required, estimated annual tonnage for municipal solid waste, including that at municipal solid waste composting facilities will be based upon 300 pounds per cubic yard of uncompacted waste received, and 700 pounds per cubic yard of compacted waste received. If yardage is not known, the solid waste facility may use one ton per resident in the service area of the disposal site, unless the permittee demonstrates a more accurate estimate. For other types of wastes received at municipal solid waste sites and where certified scales are not required or not available, the conversions and provisions in subsection (b) of this section must be used;

(b) Industrial facilities. Annual tonnage of solid waste received at industrial facilities receiving 50,000 or more tons annually must be based on weight from certified scales. When certified scales are required, all solid waste received at the facility must be weighed at the facility’s scales, except as otherwise approved by the department in writing. If certified scales are required but are temporarily not functioning, all solid waste received at the facility must either use other certified scales in the area or estimate tonnage as specified in this section. If certified scales are not required, industrial sites must use the following conversion factors to determine tonnage of solid waste disposed. Composting facilities must use the following conversion factors for those materials appropriate for composting:

(A) Asbestos: 500 pounds per cubic yard;

(B) Pulp and paper waste other than sludge: 1,000 pounds per cubic yard;

(C) Construction, demolition and land clearing wastes: 1,100 pounds per cubic yard;

(D) Wood waste:

(i) Wood waste, mixed, including log sort waste (as defined in OAR 340-093-0030(99)): 1,200 pounds per cubic yard;

(ii) Wood waste including scrap lumber, pallets, wood from construction and demolition activities: 250 pounds per cubic yard;

(iii) Wood chips, green: 473 pounds per cubic yard;

(iv) Wood chips, dry: 243 pounds per cubic yard;

(v) Sawdust, wet: 530 pounds per cubic yard;

(vi) Sawdust, bone dry: 275 pounds per cubic yard.

(E) Yard debris:

(i) Grass clippings: 950 pounds per cubic yard;

(ii) Leaves: 375 pounds per cubic yard;

(iii) Compacted yard debris: 640 pounds per cubic yard; and

(iv) Uncompacted yard debris: 250 pounds per cubic yard.

(F) Manure, sludge, septage, grits, screenings and other wet wastes: 1,600 pounds per cubic yard;

(G) Food waste: 700 pounds per cubic yard

(H) Ash and slag: 2,000 pounds per cubic yard;

(I) Contaminated soils: 2,400 pounds per cubic yard;

(J) Asphalt, mining and milling wastes, foundry sand, silica: 2,500 pounds per cubic yard;

(K) For wastes other than the above, the permittee or registrant must determine the density of the wastes subject to approval by the department in writing;

(L) As an alternative to the above conversion factors, the permittee or registrant may determine the density of their own waste, subject to approval by the department in writing.

(8) The application processing fee may be refunded in whole or in part, after taking into consideration any costs the department may have incurred in processing the application, when submitted with an application if either of the following conditions exists:

(a) The department determines that no permit will be required;

(b) The applicant withdraws the application before the department has granted or denied preliminary approval or, if no preliminary approval has been granted or denied, the department has approved or denied the application.

(9) Exemptions:

(a) Persons treating petroleum contaminated soils will be exempt from the application processing and renewal fees for a Letter Authorization if the following conditions are met:

(A) The soil is being treated as part of a site cleanup authorized under ORS Chapters 465 or 466; and

(B) The department and the applicant for the Letter Authorization have entered into a written agreement under which costs incurred by the department for oversight of the cleanup and for processing of the Letter Authorization must be paid by the applicant.

(b) Persons to whom a Letter Authorization has been issued are not subject to the solid waste permit compliance fee or the 1991 Recycling Act permit fee.

(10) All fees must be made payable to the Department of Environmental Quality.

(11) Submittal schedule:

(a) The solid waste permit compliance fee will be billed by the department to the holder of the following permits: transfer station, material recovery facility, composting facility and closed solid waste disposal site. The fee period be the state’s fiscal year (July 1 through June 30), and the fee is due annually by the date indicated on the invoice. Any “year of closure” pro-rated fee will be billed to the permittee of a closed site together with the site’s first regular billing as a closed site;

(b) For holders of solid waste disposal site permits other than those in subsection (11)(a) of this rule, the solid waste permit compliance fee and the 1991 Recycling Act permit fee, if applicable, are not billed to the permittee by the department. These fees must be self-reported by the permittee to the department, pursuant to sections (5) and (6) of this rule. The fee period will be either the calendar quarter or the calendar year, and the fees are due to the department as follows:

(A) For any disposal site required to pay the per-ton fee on any solid waste as specified in OAR 340-097-0120(8) (generally landfills and municipal waste incinerators that receive domestic solid waste, plus construction and demolition landfills): on the same schedule as specified in subsection (11)(c) of this rule;

(B) For industrial solid waste disposal sites, sludge or land application disposal sites and other disposal sites not required to pay the per-ton fee on solid waste as specified in OAR 340-097-0120(8) except construction and demolition landfills:

(i) For sites receiving over 20,000 tons of waste a year: quarterly, on the 30th day of the month following the end of the calendar quarter; or

(ii) For sites receiving less than 20,000 tons of waste a year: annually, on the 31st day of January;

(iii) A site which has received less than 20,000 tons of waste in past years but exceeds that amount in a given year, will in general be granted a one-year delay from the department before the site is required to begin submitting permit fees on a quarterly basis. If the site appears likely to continue to exceed the 20,000 annual ton limit, then the department will require the site to report tonnage and submit applicable permit fees on a quarterly basis.

(c) The per-ton solid waste disposal fees on domestic solid waste and the Orphan Site Account fee are not billed by the department. They must be paid on the following schedule:

(A) Quarterly, on the 30th day of the month following the end of the calendar quarter; or

(B) Annually, on the 31st day of January beginning in 1995, for holders of solid waste disposal site permits for sites receiving less than 1,000 tons of solid waste a year.

(d) The fees on Oregon solid waste disposed of out of state must be paid to the department quarterly on the 30th day of the month following the end of the calendar quarter, or on the schedule specified in OAR 340-097-0120(5)(e)(C). The fees must be submitted together with a form approved by the department, which must include the amount of solid waste, type, county of origin of the solid waste, and state to which the solid waste is being transported for final disposal.

Stat. Auth.: ORS 459.045, 459.235, 459.236, 459A.025, 459A.110, 459A.115 , 468.065

Stats. Implemented: ORS 459.235, 459.236, 459A.110 & 459A.115

Hist.: DEQ 3-1984, f. & ef. 3-7-84; DEQ 45-1990, f. & cert. ef. 12-26-90; DEQ 12-1991(Temp), f. & cert. ef. 8-2-91; DEQ 28-1991, f. & cert. ef. 12-18-91; DEQ 8-1992, f. & cert. ef. 4-30-92; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0115; DEQ 23-1993, f. 12-16-93, cert. ef. 1-1-94; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

340-097-0120

Permit/Registration Categories and Fee Schedule

(1) For purposes of OAR chapter 340, division 97:

(a) A “new facility” means a facility at a location not previously used or permitted, and does not include an expansion to an existing permitted site;

(b) An “off-site industrial facility” means all industrial solid waste disposal sites other than a “captive industrial facility”;

(c) A “captive industrial facility” means an industrial solid waste disposal site where the permittee is the owner and operator of the site and is the generator of all the solid waste received at the site.

(2) Application Processing Fee. Except as provided in sections (3), (4), and (5) of this rule with respect to composting facilities, an application processing fee must be submitted with each application for a new facility, including application for preliminary approval pursuant to OAR 340-093-0090. The amount of the fee will depend on the type of facility and the required action as follows:

(a) A new municipal solid waste landfill facility, construction and demolition landfill, incinerator, energy recovery facility, solid waste treatment facility, off-site industrial facility or sludge disposal facility:

(A) Designed to receive over 7,500 tons of solid waste per year: $10,000;

(B) Designed to receive less than 7,500 tons of solid waste per year: $5,000.

(b) A new captive industrial facility (other than a transfer station or material recovery facility): $1,000;

(c) A new transfer station or material recovery facility:

(A) Receiving over 50,000 tons of solid waste per year: $500;

(B) Receiving between 10,000 and 50,000 tons of solid waste per year: $200;

(C) Receiving less than 10,000 tons of solid waste per year: $100.

(d) Letter Authorization (pursuant to OAR 340-093-0060):

(A) New site: $500;

(B) Renewal: $500.

(e) Permit Exemption Determination (pursuant to OAR 340-093-0080(2)): $500.

(f) Beneficial use of solid waste application and reporting fees (pursuant to OAR 340-093-0260 through 340-093-0290):

(A) The review of an annual or other report required under a beneficial use determination: $250;

(B) A Tier One beneficial use determination: $1,000;

(C) A Tier Two beneficial use determination: $2,000;

(D) A Tier Three beneficial use determination: $5,000;

(E) Annual extension to a demonstration project authorization: $1,000.

(g) A new conversion technology facility:

(A) Designed to receive over 7,500 tons of feedstocks per year: $2,000;

(B) Designed to receive 7,500 tons or less of feedstocks per year: $1,500.

(3) Composting Facility Screening Fee. Every composting facility that is required to comply with OAR 340-096-0080: Screening must pay a screening fee of $150. The fee must be submitted with the application for screening, as provided in OAR 340-096-0080(1).

(4) Facility Plan Review and Approval Fee.

(a) Every composting facility that is required to comply with OAR 340-096-0090: Operations Plan Approval must pay a fee as provided below. The fee must be submitted with the proposed Operations Plan, as provided in OAR 340-096-0090(1). Agricultural composting facilities for which the Oregon Department of Agriculture is providing facility plan review and approval are not required to pay this fee.

(A) For facilities composting over 100 tons and less than or equal to 3,500 tons of feedstocks per year: $500;

(B) For facilities composting over 3,500 tons and less than or equal to 7,500 of feedstocks tons per year: $750;

(C) For facilities composting over 7,500 tons and less than or equal to 10,000 tons per year: $1000;

(D) For facilities composting over 10,000 tons and less than or equal to 50,000 tons per year: $2,000;

(E) For facilities composting over 50,000 tons per year: $5,000.

(b) Every conversion technology facility that is required to comply with OAR 340-096-0180 must pay a fee as provided below. The fee must be submitted with the proposed Operations Plan, as provided in OAR 340-096-0180.

(A) For facilities designed to receive 3,500 tons of feedstock or less per year: $1,000;

(B) For facilities designed to receive over 3,500 tons but no more than 7,500 tons of feedstock per year: $1,500;

(C) For facilities designed to receive over 7,500 tons but no more than 20,000 tons of feedstock per year: $2,200;

(D) For facilities designed to receive over 20,000 tons but no more than 50,000 tons of feedstock per year: $3,000;

(E) For facilities designed to receive over 50,000 tons of feedstock per year: $5,000.

(5) Composting Facility Engineering Review Fee. Every composting facility that requires department review of engineering plans and specifications under OAR 340-096-0130 must pay a fee of $500. This fee is in addition to the fee required by (4) of this rule. Agricultural composting facilities for which the Oregon Department of Agriculture provides review of engineering plans and specifications are not required to pay this fee.

(6) Solid Waste Permit Compliance Fee. The Commission establishes the following fee schedule including base per-ton rates to be used to determine the solid waste permit compliance fee beginning with fiscal year 1993. The per-ton rates are based on the estimated solid waste to be received at all permitted solid waste disposal sites and on the department’s Legislatively Approved Budget. The department will review annually the amount of revenue generated by this fee schedule. To determine the solid waste permit compliance fee, the department may use the base per-ton rates or any lower rates if the rates would generate more revenue than provided in the department’s Legislatively Approved Budget. Any increase in the base rates must be fixed by rule by the Commission. (In any case where a facility fits into more than one category, the permittee must pay only the highest fee):

(a) All facilities accepting or permitted to accept solid waste except transfer stations, material recovery facilities and composting facilities:

(A) The greater of $200; or

(B) A solid waste permit compliance fee based on the total amount of solid waste received at the facility in the previous calendar quarter or year, as applicable, at the following rate:

(i) All municipal landfills, construction and demolition landfills, off-site industrial facilities, sludge disposal facilities, incinerators and solid waste treatment facilities: $.21 per ton;

(ii) Captive industrial facilities: $.21 per ton;

(iii) Energy recovery facilities. $.13 per ton; and

(iv) Conversion technology facilities: $.10 per ton.

(C) If a disposal site (other than a municipal solid waste facility) is not required by the department to monitor and report volumes of solid waste collected, the solid waste permit compliance fee may be based on the estimated tonnage received in the previous quarter or year.

(b) Transfer stations and material recovery facilities:

(A) Facilities accepting over 50,000 tons of solid waste per year: $1,000;

(B) Facilities accepting between 10,000 and 50,000 tons of solid waste per year: $500;

(C) Facilities accepting less than 10,000 tons of solid waste per year: $50.

(c) Composting facilities with a Composting Permit, except agricultural composting facilities for which the Oregon Department of Agriculture is providing facility oversight:

(A) Utilizing over 50,000 tons of feedstocks for composting per year: $5,000;

(B) Utilizing over 7,500 and less than or equal to 50,000 tons of feedstocks for composting per year: $1,000

(C) Utilizing over 3,500 and less than or equal to 7,500 tons of feedstocks for composting per year: $500.

(D) Utilizing over 100 tons and less than or equal to 3,500 tons of feedstocks for composting per year: $100.

(d) Closed Disposal Sites:

(A) Year of closure. If a land disposal site stops receiving waste before April 1 of the fiscal year in which the site permanently ceases active operations, the department will determine a pro-rated permit compliance fee for those quarters of the fiscal year not covered by the permit compliance fee paid on solid waste received at the site. The pro-rated fee for the quarters the site was closed shall be based on the calculation in paragraph (B) of this subsection;

(B) Each land disposal site which closes after July 1, 1984: $150; or the average tonnage of solid waste received in the three most active years of site operation multiplied by $.025 per ton, whichever is greater; but the maximum permit compliance fee shall not exceed $2,500.

(7) 1991 Recycling Act permit fee:

(a) A 1991 Recycling Act permit fee must be submitted by each solid waste permittee which received solid waste in the previous calendar quarter or year, as applicable, except transfer stations, material recovery facilities, composting facilities, conversion technology facilities that process only separated solid wastes, and captive industrial facilities. The Commission establishes the 1991 Recycling Act permit fee as $.09 per ton for each ton of solid waste received in the subject calendar quarter or year;

(b) The $.09 per-ton rate is based on the estimated solid waste received at all permitted solid waste disposal sites subject to this fee and on the department’s Legislatively Approved Budget. The department will review annually the amount of revenue generated by this rate. To determine the 1991 Recycling Act permit fee, the department may use this rate or any lower rate if the rate would generate more revenue than provided in the department’s Legislatively Approved Budget. Any increase in the rate must be fixed by rule by the Commission;

(c) This fee is in addition to any other permit fee and per-ton fee which may be assessed by the department.

(8) Per-ton solid waste disposal fees on domestic solid waste. Each solid waste disposal site that receives domestic solid waste for final disposal or destruction, and each person transporting solid waste out of Oregon for disposal at a disposal site that receives domestic solid waste except as excluded under OAR 340-097-0110(4)(c), must submit fees to the department for solid waste received at the disposal site.

(a) These fees include:

(A) A per-ton fee of $.81;

(B) An additional per-ton fee of $.13 for the Orphan Site Account.

(b) Tons subject to these fees include:

(A) All solid wastes landfilled, incinerated without energy recovery, or treated for disposal by an Oregon disposal site that receives domestic solid waste, except as excluded in sections (c) and (f) of this section;

(B) All Oregon solid wastes that are transported out-of-state for disposal at a disposal site that receives domestic solid waste, except as excluded under OAR 340-097-0110(4)(c) and subsections (c) and (f) of this section;

(C) Mixed solid wastes that are processed by a conversion technology facility, burned for energy recovery, or composted by an Oregon disposal site that receives domestic waste;

(D) Mixed solid waste that includes at least some domestic solid waste, that has been processed into refuse-derived fuel to be burned for energy recovery by a facility that does not have a solid waste permit or that does not pay per-ton fees as specified in this section.

(c) Tons not subject to these fees include:

(A) All solid wastes received at a facility that does not receive domestic solid waste;

(B) Source-separated recyclables or other materials separated and recycled from mixed solid waste, including separated organics that are composted;

(C) Construction and demolition wastes and industrial wastes that are processed by a material recovery facility or a conversion technology facility to make a fuel to be burned off-site for energy recovery - for example, in a wood fuel boiler;

(D) All solid wastes sent by a disposal site to another disposal site, where the per-ton fees will be paid by a disposal site that subsequently receives that waste;

(E) Solid waste used as daily cover at a landfill as described in subsection (f) of this section;

(F) Ash from an energy recovery facility or incinerator that has paid these fees; and

(G) Sewage sludge or septic tank and cesspool pumpings.

(d) Submittal schedule:

(A) These per-ton fees must be submitted to the department quarterly. Quarterly remittals shall be due on the 30th day of the month following the end of the calendar quarter;

(B) Disposal sites receiving less than 1,000 tons of solid waste per year must submit the fees annually on January 31. If the disposal site is not required by the department to monitor and report volumes of solid waste collected, the fees must be accompanied by an estimate of the population served by the disposal site;

(C) For solid waste transported out of state for disposal, the per-ton fees must be paid to the department quarterly. Quarterly remittals are due on the 30th day of the month following the end of the calendar quarter in which the disposal occurred. If the transportation is not on-going, the fee must be paid to the department within 60 days after the disposal occurs.

(e) As used in this rule, the term “mixed solid waste” means solid wastes that include paper, plastic, and other materials at least partly made up of domestic waste, where the materials have not been separated from each other;

(f) Solid waste that is used as daily cover at a landfill in place of virgin soil will not be subject to the per-ton solid waste fees in this section, provided that:

(A) The amount of solid waste used as daily cover does not exceed the amount needed to provide the equivalent of six inches of soil used as daily cover;

(B) If disposed of in Oregon, the solid waste is not being used on a trial basis, but instead has received necessary approvals from the department for use as daily cover; and

(C) If disposed of in a landfill outside of Oregon, the solid waste has received final approval from the appropriate state or local regulatory agency that regulates the landfill.

(g) For solid waste delivered to disposal facilities owned or operated by a Metropolitan Service District, the fees established in this section will be levied on the district, not on the disposal site.

Stat. Auth.: ORS 459.045, 459.235 & 468.065

Stats. Implemented: ORS 459.235, 459.236, 459A.110 & 459A.115

Hist.: DEQ 3-1984, f. & ef. 3-7-84; DEQ 12-1988, f. & cert. ef. 6-14-88; DEQ 14-1990, f. & cert. ef. 3-22-90; DEQ 45-1990, f. & cert. ef. 12-26-90; DEQ 12-1991(Temp), f. & cert. ef. 8-2-91; DEQ 28-1991, f. & cert. ef. 12-18-91; DEQ 8-1992, f. & cert. ef. 4-30-92; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0120; DEQ 23-1993, f. 12-16-93, cert. ef. 1-1-94; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 4-2010, f. & cert. ef. 5-14-10; DEQ 7-2013, f. & cert. ef. 8-29-13

Notes
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