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

 

DIVISION 106

PERMITTING PROCEDURES

340-106-0001

Purpose and Scope

(1) The purpose of this Division is to establish the procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste permits other than hazardous waste emergency permits and hazardous waste permits by rule.

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 issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department.

(2) Persons must also consult 40 CFR Parts 260–266268270, and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

NOTE: 40 CFR Part 124 includes requirements applicable to several programs, including UIC, NPDES, 404, etc. Only the provisions of 40 CFR Part 124 Subparts A and B which are applicable to hazardous waste or "RCRA" permits are incorporated by reference in OAR 340-100-0002, as modified by Division 106.

Stat. Auth.: ORS 4465.009 & 466.020
Stats. Implemented: ORS 465.003, 465.009, 466.075 and 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 10-2000, f. & cert. ef. 7-21-00

340-106-0002

Requirements Not Applicable

The provisions of 40 CFR 124.1124.4124.9124.10(e)124.13124.14(c)124.15(b)124.16124.17(b)124.18124.19124.20 and 124.21 are deleted and not part of Division 106.

Stat. Auth.: ORS 183, 459 & 468 
Stats. Implemented: ORS 466.020
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 13-2003, f. & cert. ef. 10-24-03

340-106-0003

Recommendations by State Agencies on Waste Disposal Facility Applications

(1) In addition to the requirements of 40 CFR 124.3 applicable to RCRA permits, the provisions of section (2) of this rule shall be followed.

(2) The Commission shall cause copies of disposal site applications to be sent to affected state agencies, including the Health Division, the Public Utility Commissioner, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond by making a recommendation as to whether the permit should be granted. If the Health Division recommends against granting the permit, the permit must be denied. Recommendation from other agencies shall be considered as evidence in determining whether to issue the permit.

Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS 466.135
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-106-0004

Application Review

The requirements of 40 CFR 124.3 are amended as specified by sections (1), (2), and (3) of this rule:

(1) Each application from either an existing or new hazardous waste management facility for a permit will be reviewed for completeness by the Department within 60 days of its receipt.

(2) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken.

(3)(a) Upon request from a permit applicant, and following receipt of a complete Part B permit application, the Department shall prepare and mail to the applicant a project decision schedule;

(b) The schedule will specify target dates by which the Department intends to:

(A) Prepare a draft permit;

(B) Issue public notice;

(C) Complete the public comment period; and

(D) Issue a final permit.

Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS 466.140
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-106-0005

Modification, Revocation and Reissuance, or Termination of Permits

(1) The provisions of 40 CFR 124.5(b) are deleted and replaced with subsections (1)(a), (b), and (c) of this rule:

(a) If the permitting body decides the request is not justified, it shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearings;

(b) Denials by the Department may be appealed to the Commission by a letter briefly setting forth the relevant facts. The Commission may direct the Department to begin modification, revocation and reissuance, or termination proceedings under 40 CFR 124.5(c). The appeal shall be considered denied if the Commission takes no action on the letter within 60 days after receiving it. This appeal is a prerequisite to seeking judicial review of Department action in denying a request for modi-fication, revocation and reissuance, or termination;

(c) Denials by the Commission are subject to judicial review under ORS 183.480.

(2) The provisions of 40 CFR 124.5(e), (f), and (g) are deleted.

Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS 466.140
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-106-0006

Draft Permits

The requirements of 40 CFR 124.6(e) are modified by deleting the sentence "For RCRA, UIC or PSD permits, ... under 124.74."

Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS 466.140
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-106-0012

Public Hearings on Disposal Facility Draft Permits

In addition to the provisions of 40 CFR 124.12, the requirements of sections (1) and (2) of this rule are applicable to hazardous waste disposal facilities:

(1) The Commission shall conduct a public hearing in the county or counties where a proposed hazardous waste disposal site is located and may conduct hearings at such other places as the Department considers suitable. At the hearing, the applicant may present the application and the public may appear or be represented in support of or in opposition to the application.

(2)(a) Prior to holding hearings on a hazardous waste disposal site license application, the Commission shall cause notice to be given in the county or counties where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the license application;

(b) The notice shall contain information regarding the approximate location of the site and the type and amount of materials intended for disposal at such site, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed site shall have opportunity to testify at the hearing.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.130
Hist.: DEQ 8-1985, f. & ef. 7-25-85

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