Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 105

MANAGEMENT FACILITY PERMITS 

340-105-0001

Purpose, Scope and Applicability

(1) The purpose of this Division is to establish basic permitting requirements, such as application requirements, standard permit conditions, monitoring and reporting requirements, and management requirements for existing facilities which have not been issued a RCRA permit.

(2) Persons must also consult 40 CFR, Parts 260-266, 268, 270 and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

(3) The provisions of section (4) of this rule replace the contents of 40 CFR 270.1(a), 270.1(b) and 270.1(c) prior to paragraph (c)(1).

(4)(a) Technical regulations. The hazardous waste permit program has separate additional regulations that contain technical requirements. These separate regulations are used by the Department to determine what requirements must be placed in permits if they are issued. These separate regulations are located in 40 CFR, Part 264 and OAR Chapter 340, Division 104.

NOTE: Although the permit applicant or permittee will interface primarily with the Department as is indicated by these rules, hazardous waste disposal facility permits are technically issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department.

(b) Applicability. The state hazardous waste program requires a permit for the "treatment," "storage" or "disposal" of any "hazardous waste" as identified or listed in OAR Chapter 340, Division 101. The terms "storage," "disposal" and "hazardous waste" are defined in OAR 340-100-0010. The term "treatment" is defined in 40 CFR 260.010. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit, and, for any unit which closes after the effective date of these rules, during any post-closure care period required under 40 CFR 264.117and during any compliance period specified under 40 CFR 264.96, including any extension of the compliance period under 40 CFR 264.96(c).

Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.095 & 466.215
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 11-1995, f. & cert. ef. 5-19-95

340-105-0003

Considerations Under Federal Law

The provisions of 40 CFR 270.3, and the Remedial Action Plan provisions under 40 CFR 270.2270.11(d)270.42270.68270.73(a) and 270.79 270.230 are deleted.

Stat. Auth.: ORS 465.009 & 466.020 
Stats. Implemented: ORS 465.003, 465.009, 466.075 & 466.105
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2003, f. & cert. ef. 10-24-03

340-105-0005

State Program Reporting

The provisions of 40 CFR 270.5 are deleted.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0010

General Application Requirements and Requirements Applicable to Existing Management Facilities

(1) The requirements of sections (2), (3), (4), and (5) of this rule replace the provisions of 40 CFR 270.10(e) to 270.10(i) regarding application requirements.

(2) Existing management facilities:

(a) Owners and operators of existing hazardous waste management facilities that do not have a permit must submit a Part A permit application to the Department within 30 days after the effective date of statutory or regulatory changes under Oregon law that render the facility subject to the requirement to have a permit. In addition, persons receiving from off-site solid waste which by virtue of federal or state statute or regulation becomes hazardous waste and who treat or dispose of such waste shall comply with the applicable requirements in OAR 340, divisions 100-106, 120, and 40 CFR Parts 264 and 265, and must receive a final permit before managing the waste;

(b) The Department may at any time require the owner or operator of an existing management facility to submit Part B of their permit application. The owner or operator shall be allowed at least six months from the date of request to submit Part B of the application. Any owner or operator of an existing management facility may voluntarily submit Part B of the application at any time;

(c) An owner or operator that has not submitted an acceptable Part A permit application, or an acceptable Part B permit application when required to do so, or does not operate in compliance with the regulations of 40 CFR Part 265, or OAR 340, division 120, as required by this rule, shall be subject to Department enforcement action including termination of the facility's operation;

(d) If an owner or operator of an existing management facility has filed a Part A permit application but has not yet filed a Part B permit application, the owner or operator shall file an amended Part A application:

(A) No later than 15 days after the effective date of the adoption of rules listing or designating wastes as hazardous if the facility is treating, storing or disposing of any of those newly listed or designated wastes; or

(B) Prior to any of the following actions at the facility:

(i) Treatment, storage or disposal of a new hazardous waste not previously identified in Part A of the permit application;

(ii) Increases in the design capacity of processes used at a facility. The owner or operator must submit a justification explaining the need for the increase based on the lack of available treatment, storage or disposal capacity at other hazardous waste management facilities, and receive Department approval before making such increase;

(iii) Changes in the processes for the treatment, storage or disposal of hazardous waste. The owner or operator must submit a justification explaining that the change is needed because:

(I) It is necessary to prevent a threat to human health or the environment because of an emergency situation; or

(II) It is necessary to comply with the requirements of OAR 340, divisions 100 to 106 and 142. The owner or operator must receive Department approval before making such change.

(iv) Changes in the ownership or operational control of a facility. The new owner or operator must submit a revised Part A permit application no later than 90 days prior to the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the requirements of Subpart H of 40 CFR Part 265 (financial requirements), until the Department has released him in writing. The Department shall not release the old owner or operator until the new owner or operator has demonstrated to the Department that he is complying with that Subpart. All other duties required by these rules are transferred effective immediately upon the date of the change of ownership or operational control of the facility.

(e) In no event shall changes which amount to reconstruction of the facility be made to an existing hazardous waste manage-ment facility which has not been issued an effective RCRA permit. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable, entirely new hazardous waste management facility.

(3) New management facilities:

(a) No person shall begin physical construction of a new management facility without having submitted Part A and B of the permit application, complied with OAR 340, division 120, and having received a finally effective hazardous waste permit;

(b) An application for a permit for a new management facility (including both Part A and B) may be filed with the Department any time after promulgation of those standards in OAR 340, division 104 applicable to such facility. All applications must be submitted at least 180 days before physical construction is expected to commence.

(4) Reapplication. Any management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Department. (The Department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)

(5) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under 40 CFR 270.10(d)270.13270.14 through 270.21 for a period of at least 3 years from the date the application is signed.

(6) The requirements of this section are applicable to existing management facilities:

(a) An owner or operator of an existing management facility that has not been issued a management facility permit shall comply with the regulations of 40 CFR, Part 265 until final administrative disposition of a permit is made;

(b) After September 1, 1985, and until final administrative disposition of a permit under these rules is made, an owner or operator of a management facility that has received a state-issued non-RCRA permit shall comply with the regulations of 40 CFR, Part 265 in those instances where a regulation exists and with the conditions of the permit in those instances where a regulation does not exist.

(7) After final administrative disposition of a permit is made, a management facility shall not treat, store or dispose of hazardous waste without a permit issued in accordance with OAR 340, divisions 100 to 106.

Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.020, 466.095 & 466.105
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 13-2003, f. & cert. ef. 10-24-03

340-105-0012

Confidentiality of Information

(1) The provisions of this rule replace the provisions of 40 CFR 270.12.

(2) An owner, operator, or applicant may claim submitted permit, closure, post-closure, or corrective action information as trade secret pursuant to OAR 340-100-0003.

Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 192.501 & 466.090
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 6-1994, f. & cert. ef. 3-22-94

340-105-0013

Contents of Part A of the Permit Application

In addition to the requirements of 40 CFR 270.13, Part A of the permit application shall include applicable requirements of Division 120 and a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission's Statewide Planning Goals.

Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.020 & 466.115
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)

340-105-0014

Contents of Part B

In addition to the information required by 40 CFR 270.14, Part B of the permit application shall include other information pertinent to the facility as may be requested by the Department.

Stat. Auth.: ORS 183, 459 & ORS 468
Stats. Implemented: ORS 466.020 & 466.120
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0020

Specific Part B Information Requirements for Land Treatment Facilities

The requirements of 40 CFR 270.20(d) and (e) are applicable to animal feed crops.

NOTE: The Department does not allow food-chain crops to be grown in or on the treatment zone of a hazardous waste land treatment unit.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020, 466.115 & 466.120
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0021

Specific Part B Information Requirements for Landfills

In addition to the information required by 40 CFR 270.21 the following additional information shall be submitted in a Part B application. A detailed report with supporting information justifying the need for the landfill as proposed.

Stat. Auth.: ORS 466.020
Stats. Implemented: ORS 466.020, 466.115 & 466.120
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)

340-105-0030

Conditions Applicable to All Permits

(1) The phrase "...the appropriate Act..." in the second sentence of 40 CFR 270.30(a) is deleted and replaced with the phrase "...ORS Chapter 466 and OAR Chapter 340...."

(2)(a) The provisions of 40 CFR 270.30(1)(6)(i) preceding 40 CFR 270.30(1)(6)(i)(A) are deleted and replaced with subsection (2)(b) of this rule;

(b) Immediate reporting. The permittee shall immediately report any noncompliance which may endanger health or the environment as soon as he becomes aware of the circumstances, including.

(3)(a) The provision of 40 CFR 270.30(1)(9) is deleted and replaced with subsection (3)(b) of this rule;

(b) Periodic report. A periodic report must be submitted covering facility activities on an appropriate schedule (see OAR 340-104-0075).

Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS 466.020, 466.105 & 466.150
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89

340-105-0040

Permit Transfers

(1) The provisions of 40 CFR 270.40 are amended as follows.

(2) In the first sentence in 40 CFR 270.40(b), amend "May be made as a Class 1 modification" to "will be made as a Class 3 modification," delete the phrase "with prior written approval of the Director," and add after "270.42" the phrase "and the requirements in OAR 340-120-0010(2)(a)(A), (b)(B), (b)(C), (c), (e), (g), (h), and OAR 340-120-0025 for a treatment or disposal facility."

Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS 466.035
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89

340-105-0041

Modification or Revocation and Reissuance of Permits

(1) The phrase "or except when Division 120 applies" is added to the end of and made part of the provision in 40 CFR 270.41(c).

(2) The duties of the "Director" as described in 40 CFR 270.42 shall be assumed by the Director or the Director's designee of the Department of Environmental Quality unless the Commission must make the decision in accordance with ORS 466.025 or 466.055.

(3) The provisions of 40 CFR 270.42(h) are deleted and replaced with section (4) of this rule.

(4) The United States Army Umatilla Chemical Depot facility (OR6 213 820 917) shall not accept for incineration any materials from off-site, including military munitions, chemical agents or agent-contaminated materials. No materials may be incinerated at the facility other than those materials inventoried (stockpiled) as of February 12, 1997.

Stat. Auth.: ORS 183, 459, 466.020(1), 466.020(2), 466.020(7) & 468
Stats. Implemented: ORS 466.025 & 466.035
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89; DEQ 11-1993, f. & cert. ef. 7-29-93; DEQ 14-1997, f. & cert. ef. 7-23-97

340-105-0051

Continuation of Expiring Permits

(1) The provisions of 40 CFR 270.51 are deleted and replaced with sections (2) and (3) of this rule.

(2) The conditions of an expired permit continue in force until the effective date of a new permit if:

(a) The permittee has submitted a timely application under 40 CFR 270.14 and the applicable sections in 40 CFR 270.15 to 270.29 and such application is a complete (under 40 CFR 270.10(c)) application for a new permit; and

(b) The Department through no fault of the permittee, does not issue a new permit with an effective date under 40 CFR 124.15 on or before the expiration date of the previous permit (for example, when issuance is impractical due to time or resource constraints).

(3) Effect. Permits continued under this rule remain fully effective and enforceable.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.035
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0061

Emergency Permits

(1) The provisions of 40 CFR 270.61(b)(4) are deleted and replaced with section (2) of this rule.

(2) May be suspended or renewal refused by the Department at any time without prior hearing if it finds a serious danger to the public health, safety or the environment and sets forth specific reasons for such findings.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.095
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0110

Facility Permit Charges and Fees

(1) Any person who is required to have a permit (including new applicants, applicants with permit applications on file as of the effective date of this rule, and permittees with expiring permits) for a Hazardous Waste Management Facility, or PCB treatment or PCB storage facility pursuant to 40 CFR Parts 264, 265, 270 and OAR Chapter 340, shall be subject to charges to cover the Department Costs of processing the permit. These charges are in addition to any Management Facility Annual Compliance Determination Fee required by OAR 340-105-0113, any Corrective Action Cost Recovery charges required by OAR 340-105-0125, any Permit Modification Fees required by OAR 340-105-0113, and any other fees applicable to the facility. The charges to cover the permit processing costs shall be the reasonable Department Costs, subject to the limitation in section (10) of this rule, including, but not limited to, the Department Costs of providing information and permit assistance to the applicant or permittee; regulatory and legal review; permit investigation and evaluation; processing and issuance or denial; and public involvement pursuant to 40 CFR Part 270 and OAR Chapter 340. The terms permittee and applicant shall be used to refer to those persons subject to the fees described in section (1).

(2) As used in OAR Chapter 340, Division 105, the following definitions shall apply:

(a) Hazardous Waste Management Facility includes:

(A) Hazardous Waste Storage;

(B) Hazardous Waste Treatment;

(C) Hazardous Waste Disposal; and

(D) Post-Closure Care.

(b) Hazardous Wastes include any residue or hazardous wastes as defined in OAR Chapter 340, Division 101 to 108, 109, 110, 113 and 120, or 40 CFR Part 261 handled under the authority of a management facility permit.

(c) License and Permit shall mean the same thing and will be referred to in this rule as Permit.

(d) Department Costs shall mean actual costs chargeable to the processing of any permit, permit renewal, or corrective action including, but not limited to, the charges directly attributable to the facility-specific permit or corrective action activities and any associated indirect costs. Indirect costs shall be composed of general management, support, administrative and overhead costs of the Department and the Waste Management and Cleanup Program that the Department determines to be allocable using generally accepted accounting principles.

(3) Permittees requesting a permit modification not related to corrective action activities shall be assessed fees as listed in OAR 340-105-0113(4). Permittees shall also be assessed these fees for agency-initiated, legally required modifications.

(4) The Department shall provide to any applicant a good faith estimate of the Department Costs and time frame for the permit process, based on information available. The Department will not assess charges until the estimate is provided. The estimate will be provided within 60 days of the Department's receipt from the applicant or permittee of a request for authorization to proceed with a permit application, as required under 40 CFR Part 270 and OAR Chapter 340, or, for a new hazardous waste storage facility, when the Department first receives both a Part A and Part B permit application. For any application on file with the Department as of the effective date of this rule, when the Department notifies the applicant of the Department's intent to resume or continue work on the application, the Department will provide a good faith estimate of the remaining projected total Department Costs and time frame for the permit process, based on information available.

(5) Upon request by an applicant, the Department will provide up to one hour of consultation prior to assessing charges. Any applicant may request, in writing, additional consultation with the Department prior to beginning the permit process. The Department will charge the applicant for the additional consultation.

(6) The Department may begin assessing charges identified in section (1) after the estimate is provided in section (4) for any work associated with the permit process and following the one hour consultation. The permittee or applicant is liable for the Department Costs incurred after the estimate is provided.

(7) During any period in which the Department incurs costs under section (1) of this rule, the Department will provide a monthly bill itemizing the Department Costs to date.

(8) Upon a determination that the Department Costs are projected to exceed the original good faith cost estimate as provided in section (4) of this rule by 20% or by $20,000, whichever is less, the Department will notify the applicant. Unless waived by the applicant, the Department will provide a revised estimate and a written explanation of the deviation. Department Costs associated with providing a revised estimate or an explanation of a deviation from the original estimate will be charged to the applicant or permittee.

(9) Upon completion of permit action, or if permit processing activities cease for any reason, and the Department has not received payments for costs incurred as described in section (1) of this rule, the applicant shall pay the outstanding balance.

(10) Charges to a permittee for processing a hazardous waste permit renewal shall not exceed $150,000.

(11) All fees and charges shall be made payable to the Department of Environmental Quality.

Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 & 468.020
Stats. Implemented: ORS 466.045 & 466.165
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 11-1988, f. & cert. ef. 5-19-88; DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89); DEQ 33-1989, f. & cert. ef. 12-14-89; DEQ 13-1991, f. & cert. ef. 8-5-91; DEQ 14-1997,f. & cert. ef. 7-23-97; DEQ 11-1998, f. & cert. ef. 6-26-98

340-105-0113

Fee Schedules

(1) Management Facility Annual Compliance Determination Fee: (1) Each permitted or interim status Hazardous Waste Management Facility subject to 40 CFR 264, 265, 270 and OAR Chapter 340, with an active operating hazardous waste management unit(s), a hazardous waste management unit(s) undergoing closure (including any required closure certification), or a hazardous waste management unit(s) in post-closure is subject to the Annual Compliance Determination Fee(s) set forth in section (3). For a facility that has an inactive unit, or units, in post-closure with a release or releases subject to corrective action, the Department shall not include such units in calculating the Annual Compliance Determination Fee. Where a facility has unit(s) which become subject to corrective action cost recovery, the Annual Compliance Determination Fee for that year shall be prorated base upon the period prior to implementation of corrective action cost recovery.

(2) Where more than one hazardous waste management activity takes place at a single facility, all of the applicable category Annual Compliance Determination Fees in 340-105-0113(3) will be assessed.

(3) Annual Compliance Determination Fees:

(a) Storage -- $18,750.

(b) Treatment:

(A) Single Technology -- $37,500.

(B) Multiple Technology -- $75,000.

(c) Disposal Facility:

(A) Single Disposal Unit -- $75,000.

(B) Multiple Disposal Units -- $150,000.

(d) Post-Closure Facility -- $18,750.

(4) Permit Modification Fee: Upon discussion with the permittee to determine the appropriate permit modification classification, the applicant shall be assessed for any permit modification, excluding modifications related to corrective action, as follows:

(a) Each Class 1 Permit Modification:

(A) Class 1 Low Workload: $425.

(B) Class 1 Medium Workload: $1,500.

(C) Class 1 High Workloads: $2,800.

(b) Class 2 Permit Modification: The permittee shall submit a separate permit modification request for each unrelated category of Class 2 permit change in 40 CFR 270.42, Appendix 1.

(A) Class 2 Permit Modifications with Low Workload: $5,000.

(B) Class 2 Permit Modifications with Medium Workload or Many Changes: $10,000.

(C) Class 2 Permit Modifications with High Workload: $20,000.

(D) Class 2 Permit Modification to be processed as Class 3 pursuant to 40 CFR 270.42(b)(6): $31.000.

(c) Class 3 Permit Modification:

(A) Class 3 Permit Modifications with Low Workload: $7,500.

(B) Class 3 Permit Modifications with Medium Workload or Many Changes: $15,000.

(C) Class 3 Permit Modifications with High Workload: $31,000.

(d) If the permittee withdraws any permit modification request, the Department shall refund 50% of the balance of the fee if paid in full, if less than 50% of work to complete processing of the action has been done.

(e) Permittees shall also be assessed fees under this section for agency-initiated, legally required modifications.

(5) Hazardous Waste RCRA Exemption Fee:

(a) Each person(s) requesting the following activities shall be assessed a standard fee in the amount of $30,000:

(A) Hazardous waste delisting or declassification pursuant to 40 CFR Part 260 and ORS 466.015.

(B) A variance from treatability or from the definition of hazardous waste or solid waste.

(C) A petition for universal waste listing.

(b) Within 60 days of receipt of a request for a hazardous waste delisting and declassification, variance from treatability or from the definition of hazardous waste or solid waste, or hazardous waste petition for a universal waste listing, the Department may determine that the nature of the request, including the complexity of the proposed action and the factors required to be met for the request to be processed, indicate that a higher fee would be required. If the Department makes such a determination, the Department shall require payment of a higher fee, but not to exceed an additional $100,000. The Department shall notify the person requesting the exemption that an additional fee is required. Upon receipt of such a notification, the person may discuss with the Department the amount of the fee and the scope of the Department's regulatory activities associated with investigating and processing the request. The person may withdraw the request or petition and be eligible for a refund of fees paid as described in paragraph (c) of this section.

(c) If the person requesting the exemption withdraws a request for a hazardous waste delisting and declassification, variance from treatability, or from the definition of hazardous waste or solid waste, or hazardous waste petition for universal waste listing, the Department shall refund fees paid depending upon the timing of the withdrawal:

(A) If the request or petition is withdrawn prior to or within 30 days of notification, the Department will estimate the effort to date and refund any excess fee balance.

(B) If the request or petition is withdrawn more than 30 days after notification that an addition fee is required, the Department will refund 50% of the balance of the fee paid, if less than 50% of work to complete the processing of the requested action has been done.

[ED. NOTE: The appendices referenced is available from the agency.]

Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 & 468.020
Stats. Implemented: ORS 466.045 & 466.165
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 22-1986, f. & ef. 12-19-86; DEQ 14-1987, f. & ef. 7-28-87; DEQ 11-1988, f. & cert. ef. 5-19-88; DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89); DEQ 33-1989, f. & cert. ef. 12-14-89; DEQ 13-1991, f. & cert. ef. 8-5-91; DEQ 14-1997, f. & cert. ef. 7-23-97; DEQ 11-1998, f. & cert. ef. 6-26-98

340-105-0115

Interim Status

The provisions of 40 CFR 270.70 to 270.73, pertaining to interim status, are not included in the State's hazardous waste management program.

NOTE: State requirements applicable to existing hazardous waste management facilities are identified in rule 340-105-0010 and include provisions analogous to those of 40 CFR 270.71 and 270.72.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.030
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-105-0120

Hazardous Waste Management Fee

(1) Every person who operates a facility for the purpose of disposing of hazardous waste or polychlorinated biphenyl (PCB) that is subject to interim status or a permit issued under ORS Chapter 466 shall pay a monthly hazardous waste management fee by the 45th day after the last day of each month in the amount authorized by ORS 465.375. For purposes of calculating the fee required by this section, the facility operator does not need to include hazardous waste resulting from on-site treatment processes used to render a waste less hazardous or reduced in volume prior to land disposal.

(2) The term "hazardous waste" means any hazardous waste as defined by rules adopted by the Environmental Quality Commission and includes any hazardous waste as defined in OAR Chapter 340, Division 100 or 101 or 40 CFR Part 261 handled under the authority of interim status or a management facility permit.

(3) The term "PCB" shall have the meaning given to it in OAR Chapter 340, Division 110.

(4) The term "ton" means 2,000 pounds and means the weight of waste in tons as determined at the time of receipt at a hazardous waste or PCB management facility. The term "ton" shall include the weight of any containers treated or disposed of along with the wastes being held by the container.

(5) In the case of a fraction of a ton, the fee imposed by section (1) of this rule shall be the same fraction multiplied by the amount of such fee imposed on a whole ton.

(6) Every person subject to the fee requirement of section (1) of this rule shall record actual weight for all waste received for treatment by incinerator or disposal by landfilling in tons at the time of receipt. The scale shall be licensed in accordance with ORS Chapter 618 by the Weights and Measures Division of the Department of Agriculture.

(7) Accompanying each monthly payment shall be a detailed record identifying the basis for calculating the fee.

(8) All fees shall be made payable to the Department of Environmental Quality. All fees received by the Department of Environmental Quality shall be paid into the State Treasury.

Stat. Auth.: ORS 465.400(1), 465.405, 466.020, 466.075, 466.165, 466.195 & 468.020
Stats. Implemented: ORS 466.165
Hist.: DEQ 2-1986, f. & ef. 2-12-86; DEQ 3-1988, f. & cert. ef. 1-29-88; DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 13-1991, f. & cert. ef. 8-5-91

340-105-0125

Corrective Action Cost Recovery

(1) Each permittee required by the Department to perform corrective action elements, including but not limited to: obtaining a permit pursuant to hazardous waste requirements; permit changes, revisions, substitutions, equivalency demonstrations or modifications, including agency-initiated modifications for corrective action elements; receiving regulatory oversight; or post-closure corrective action for a release, shall be subject to charges to cover Department Costs. Department Costs shall commence when the Department has notified the permittee or applicant that investigation of a release or threat of release is necessary and of the Department's intent to recover costs. The charges to cover corrective action costs shall be the reasonable Department Costs, which are attributable to or associated with corrective action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

(2) Prior to beginning to assess charges, the Department shall provide to any permittee or applicant a good faith estimate of Department Costs and time frame to complete the corrective action process, based on the information available.

(3) During any period in which the Department incurs costs associated with the facility's corrective action, the Department will provide a monthly bill itemizing the Department Costs to date.

(4) Upon a determination that the Department Costs are projected to exceed the original good faith cost estimate, as provided in section (2) of this rule, by 20% or by $20,000, whichever is less, the Department will notify the permittee or permit applicant. Unless waived by the party, the Department will provide a revised estimate and a written explanation of the deviation. Department Costs associated with providing a revised estimate or an explanation of a deviation from the original estimate will be charged to the permittee or applicant.

(5) If, upon completion of corrective action activities, the Department has not received payment for costs incurred as described in section (1) of this rule, the permittee or applicant shall pay the remaining balance.

Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 & 468.020
Stats. Implemented: ORS 466.045
Hist.: DEQ 11-1998, f. & cert. ef. 6-26-98

340-105-0130

Facility Fee Late Charges and Collections

(1) For all fees and charges set forth in Chapter 340, Division 105, a late charge equal to ten percent of the fee due shall be assessed if the fees are not received by the Department on the due date shown on the invoice. An additional late charge of ten percent of the unpaid amount shall also be assessed each 30 days that the invoice remains unpaid. After 90 days no further Department late charges shall be assessed; however, such invoices may be referred to the Department of Revenue for collection or collected in Small Claims Court. Accounts referred to the Department of Revenue for collection or collected in Small Claims Court shall be increased by 20 percent of the unpaid amount or $100, whichever is greater, to recover a portion of the costs for referral or collection.

(2) In the event of a specific question or concern regarding charges or fees covered by Chapter 340, Division 105, the Department will upon request, review and respond to information provided by the permittee or permit applicant and meet with the person(s) to discuss the charges or fees.

(3) For applications on file with the Department at the time this rule becomes effective, the Department will determine on a prorata basis the actual costs remaining to complete processing of the permit application.

Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 & 468.020
Stats. Implemented: ORS 466.045 & 466.165
Hist.: DEQ 11-1998, f. & cert. ef. 6-26-98

340-105-0140

General Inspection Provisions

(1) The provisions of 40 CFR 265.15(b)(4) and (5) that reference Performance Track are deleted.

(2) The provisions of 40 CFR 265.174 that reference Performance Track are deleted.

(3) The provisions of 265.195(d) that reference Performance Track are deleted.

(4) The provisions of 265.201(e) that reference Performance Track are deleted.

(5) The requirements of 40 CFR 270.42 that reference Performance Track are deleted.

Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS 466.020, 466.105 & 466.150
Hist.: DEQ 2-2009, f. & cert. ef. 6-25-09

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​