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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 96

SOLID WASTE: SPECIAL RULES FOR
SELECTED SOLID WASTE DISPOSAL SITES

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

340-096-0030

Special Rules Pertaining to Sludge and Land Application Disposal Sites

(1) Applicability:

(a) This rule applies to all land used for the spreading, deposit, lagooning or disposal of sewage sludge, septage and other sludges. Such land and facilities are defined as disposal sites by ORS Chapter 459, and are also subject to the requirements of OAR 340, divisions 93, 95, and 97 as applicable, including the requirements for obtaining a permit from the Department in accordance with OAR 340-093-0050 and 340-093-0070;

(b) Disposal of sewage sludges resulting from a sewage treatment facility that is operating under a current and valid Waste Discharge Permit, issued under ORS 468B.050, is exempted from obtaining a solid waste disposal permit, provided that said sewage sludge disposal is adequately covered by specific conditions of the Waste Discharge Permit. Such sewage sludge disposal operations and sites shall comply with all other provisions of OAR 340, divisions 93 through 97 and other laws, rules and regulations pertaining to solid waste disposal.

(2) Plans and Specifications for Sludge Disposal Sites:

(a) Detailed plans and specifications for sludge disposal lagoons shall include, but not be limited to, location and design of the physical features of the site, such as berms, dikes, surface drainage control, access and on-site roads, waste water facilities, inlet and emergency overflow structures, fences, utilities and truck washing facilities, topography with contours not to exceed five foot contour intervals, elevations, legal boundaries and property lines, and land use;

(b) Plans and specifications for land application units shall include, but not be limited to, physical features of the site, such as, surface drainage, access and on-site roads, fences, truck washing facilities, topography with contours not to exceed five foot contour intervals, rates and frequency of sludge application, legal boundaries and property lines and land use.

(3) Prohibited Methods of Sludge Disposal:

(a) Septage and raw sewage sludge shall not be permitted to be disposed of by land spreading, unless it is specifically determined and approved in writing by the Department or state or local health agency having jurisdiction, that such disposal can be conducted with assured, adequate protection of public health and safety and the environment;

(b) Except for “heat-treated” sewage sludges, sewage sludges including septage, raw, non-digested and digested sewage sludges, shall not be:

(A) Used as fertilizer on root crops, vegetables, low growing berries or fruits that may be eaten raw;

(B) Applied to land later than one year prior to planting where vegetables are to be grown;

(C) Used on grass in public parks or other areas at a time or in such a way that persons could unknowingly come in contact with it;

(D) Given or sold to the public without their knowledge as to its origin.

(c) Sludges shall not be deposited in landfills except in accordance with operations plans that have been submitted to and approved by the Department in accordance with OAR 340-094-0060(2)(d) or 340-095-0030(2)(d).

(4) Sludge Lagoon and Land Application Unit Design, Construction and Operation:

(a) Location:

(A) Sludge lagoons shall be located a minimum of 1/4 mile from the nearest residence other than that of the lagoon operator or attendant;

(B) Sludge shall not be spread on land where natural run-off could carry a residue into public waters;

(C) If non-digested sludge is spread on land within 1/4 mile of a residence, community or public use area, it shall be plowed under the ground, buried or otherwise incorporated into the soil within five days after application.

(b) Fences:

(A) Public access to a lagoon site shall be controlled by man-proof fencing and gates which shall be locked at all times that an attendant is not on duty;

(B) Public access to land application units shall be controlled by complete perimeter fencing and gates capable of being locked as necessary.

(c) Signs. Signs shall be posted at land application units as required. Signs which are clearly legible and visible shall be posted on all sides of a sludge lagoon, stating the contents of the lagoon and warning of potential hazard to health;

(d) Drainage. A sludge disposal site shall be so located, sloped or protected such that surface drainage will be diverted around or away from the operational area of the site;

(e) Type of Sludge Lagoon. Lagoons shall be designed and constructed to be nonoverflow and watertight;

(f) Lagoon Freeboard. A minimum of 3.0 feet of dike freeboard shall be maintained above the maximum water level within a sludge lagoon unless some other minimum freeboard is specifically approved by the Department;

(g) Lagoon Emergency Spillway. A sludge lagoon shall be provided with an emergency spillway adequate to prevent cutting-out of the dike, should the water elevation overtop the dike for any reason;

(h) Sludge Removal from Lagoon. Water or sludge shall not be pumped or otherwise removed from a lagoon, except in accordance with a plan approved in writing by the Department;

(i) Monitoring Wells. Lagoon sites located in areas having high groundwater tables or potential for contaminating usable groundwater resources may be required to provide groundwater monitoring wells in accordance with plans approved in writing by the Department. Said monitoring wells shall be sufficient to detect the movement of groundwater and easily capable of being pumped to obtain water samples;

(j) Truck Washing. 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;

(k) 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 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 permittee and maintained for the required five years.

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 340-061-0055; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98

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

340-096-0050

Solid Waste Treatment Facilities

(1) Applicability. This rule applies to all solid waste treatment facilities. Such facilities are disposal sites as defined by ORS Chapter 459, and are also subject to the requirements of OAR 340, divisions 93, 95, and 97 as applicable.

(2) Plans and Specifications. Plans and specifications for a solid waste treatment facility must 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) Air Quality. A permittee must ensure that all solid waste treatment facilities comply with air pollution control rules and regulations and emission standards of this Department or the regional air pollution control authority having jurisdiction.

(4) Bioremediation Facilities. Facilities that propose to biologically treat petroleum contaminated soil must design the operation to prevent contamination of the area and minimize the possibility of contaminants leaching to groundwater. Such facilities must in general comply with regulations in OAR chapter 340, division 95, "Land Disposal Sites Other Than Municipal Solid Waste Landfills," for location restrictions, operating criteria and design criteria. The following requirements also apply:

(a) To prevent leaching, design criteria must include either:

(A) A landfill-type liner with a leachate removal system. A concrete slab is not considered a liner. An applicant must demonstrate that the proposed liner is compatible with the waste; or

(B) A vadose zone monitoring system, pursuant to 40 CFR 264, Subpart M.

(b) Groundwater. The department may require groundwater monitoring depending on the facility's cover, run-on controls and irrigation;

(c) Operating criteria:

(A) Each permittee must ensure that surface runoff and leachate seeps are controlled so as to minimize discharges of pollutants into public waters;

(B) The permittee must ensure that the facility is operated in a manner such that the liner is not damaged;

(C) The permittee must provide a monitoring plan to demonstrate completion of the biodegradation process.

(d) Financial assurance. An application for a bioremediation solid waste treatment facility must include a financial assurance plan sufficient to cover costs for a third party to remove the waste to a thermal desorption facility if it is deemed necessary by the department.

(5) 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 permittee and maintained for the required five years.

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

Stat. Auth.: ORS 459.045, 459A.025 & 468.020
Stats. Implemented: ORS 459.005, 459.015 & 459.205
Hist.: DEQ 5-1993, f. & cert. ef. 3-10-93; 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

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 OAR 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: Biogas, Liquid Digestate, and 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

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