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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 120

HAZARDOUS WASTE MANAGEMENT

Additional Siting and Permitting Requirements

for Hazardous Waste and PCB Treatment

and Disposal Facilities

 

340-120-0001

Purpose and Applicability

(1) To protect the public health and safety and the environment, the Commission finds that it is in the state's best interest to more fully regulate and review proposals to treat or dispose of hazardous waste and PCB. The purpose of this Division is to establish a supplemental siting and permitting procedure for most types of hazardous waste and PCB treatment and disposal facilities.

COMMENT: Under Federal law hazardous waste incineration and other treatment techniques are considered "treatment" and PCB incineration and other treatment techniques are considered "disposal". To be consistent, Divison 120 utilizes the same definitions.

(2) All parts of ths Division apply to new:

(a) Hazardous waste and PCB treatment and disposal facilities located off the site of waste generation (off-site); and

(b) Hazardous waste and PCB land disposal facilities located on the site of waste generation (on-site).

(3) Facilities described in section (2)(a) of this rule that receive less than 50 percent of waste on a weekly basis from off the site may be located inside urban growth boundaries as defined by ORS 197.295 and therefore do not have to meet OAR 340-120-0010(d)(A)(i) and 340-120-0015(1)(a).

(4) New hazardous waste and PCB treatment and disposal facilities, other than land disposal facilities, located on the site of waste generation (on-site), are only subject to these parts of Division 120:

(a) OAR 340-120-0010(2)(c) --Technology and Design;

(b) OAR 340-120-0010(2)(e) -- Property Line Setback;

(c) OAR 340-120-0010(2)(g) -- Owner and Operator Capability;

(d) OAR 340-120-0010(2)(h) -- Compliance History;

(e) OAR 340-120-0020 -- Community Participation;

(f) OAR 340-120-0030 -- Permit Application Fee.

(5) For the purposes of this Division, a facility can receive, with the Department approval, as much as ten percent of waste on a weekly basis from off the site and be an on-site facility.

(6) For the purposes of this Division, a new facility means:

(a) A facility for which an original permit application was submitted after the effective date of this Division; or

(b) A facility where a different type of treatment or disposal is being proposed (i.e., adding incineration at a facility utilizing disposal, or changing from chemical treatment to biological treatment at a facility).

(7) This Division does not apply to:

(a) Portable hazardous waste and PCB treatment and disposal facilities that are located on a single site of generation (on-site) less than 15 days each year;

(b) Hazardous waste and PCB treatment or disposal sites involved in remedial action under ORS Chapter 466 or closing under Divisions 100 through 110 of this chapter;

(c) Facilities treating hazardous waste pursuant to the recycling requirements of 40 CFR 261.6;

(d) Emergency permits issued by the Director according to 40 CFR 270.61; and

(e) Facilities permitted by the Department to manage municipal or industrial solid waste, if the hazardous waste the facilities treat or dispose of is excluded from regulation by 40 CFR 261.5.

(8) The requirements of this Division are supplemental to those of Divisions 100 through 110 of this Chapter. The definitions of OAR 340-100-0010 and 340-110-0003 apply to this Division.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 466.010, ORS 466.020, ORS 466.025, ORS 466.030 ORS, 466.035 & ORS 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

 

340-120-0005

Permitting Procedure

(1) A three step permitting procedure is required for facilities listed in OAR 340-120-0001(2). The three steps are:

(a) Submit a request for and obtain an Authorization to Proceed from the Department;

(b) Submit a request for and obtain a Land Use Compatibility Statement from the local government with land use jurisdiction or as applicable, from the Department; and

(c) Submit a complete application for and obtain a treatment or disposal permit pursuant to Divisions 105, 106 and 110 of this Chapter from the Department, or as applicable, from the Commission.

(2) An initial period is established during which the Department shall accept requests for an Authorization to Proceed. The initial period begins May 15, 1986 and ends January 1, 1987. The Department shall wait until at least the end of the initial period before approving or denying any of the requests.

(3) Requests for an Authorization to Proceed received by the Department after January 1, 1987 must include information to allow the Commission to find there is a need for a new facility. The Department cannot approve an Authorization to Proceed request received after January 1, 1987 until the Commission makes this finding.

(4) Each request for an Authorization to Proceed will be reviewed for completeness by the Department within 90 days of its receipt. If an applicant fails to correct deficiencies within 90 days of written notice from the Department, the Department may deny the request.

(5) After obtaining an Authorization to Proceed and a Land Use Compatibility Statement, an applicant may apply for a hazardous waste or PCB treatment or disposal permit pursuant to Divisions 105, 106 and 110 of this Chapter.

(6) To retain an Authorization to Proceed, an applicant shall:

(a) Submit a request to the appropriate planning jurisdiction for the Land Use compatibility Statement within 90 days of issuance of the Authorization to Proceed;

(b) Submit an application for a treatment or disposal permit to the Department within 6 months of issuance of the Land Use Compatibility Statement.

(7) If the Department or Commission denies the permit, the Authorization to Proceed is revoked.

(8) The owner of an existing facility with an effective permit must reapply according to the provisions of OAR 340-105-0010(4) before the expiration of the existing permit. Upon reapplication:

(a) The applicant of a facility described in OAR 340-120-0001(2) shall demonstrate the criteria of OAR 340-120-0010(2)(a)(A), (b)(B), (b)(C), (c), (e), (g) and (h) and 340-120-0025 are being met.

(b) The applicant of a facility described in OAR 340-120-0001(4) shall demonstrate that the Property Line Setback criterion of OAR 340-120-0010(2)(e) is being met.

(9) The Property Line Setback criterion of OAR 340-120-0010(2)(e) shall apply to the existing Chem-Security Systems, Inc., hazardous waste and PCB disposal facility eight years from the effective date of this rule.

COMMENT: Section 9 of this rule does not pertain to or determine the duration of any permit issued by the Commission to Chem-Security in response to the application for a permit pending before the Commission on the effective date of this rule.

Stat. Auth: ORS 466 & ORS 468 ORS
Stats. Implemented: ORS 466.035, ORS 466.040 ORS 466.045 & 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

 

340-120-0010

Contents of an Authorization to Proceed Request

(1) An Authorization to Proceed request shall demonstrate that the proposed facility meets the criteria presented in section (2) of this rule. If the facility does not meet all of the criteria, the Department shall deny the request.

(2) Criteria that must be met to obtain an Authorization to Proceed:

(a) Need:

(A) The facility is needed because:

(i) Of a lack of adequate current treatment or disposal capacity to handle hazardous waste or PCB generated by Oregon companies; or

(ii) Its operation would result in a higher level of protection of the public health and safety or environment; or

(iii) Its operation will significantly lower treatment or disposal costs to Oregon companies, excluding transportation costs within states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS 469.930.

(B) The facility shall significantly add to the range of the hazardous waste or PCB handled or to the type of technology already employed at a permitted treatment or disposal facility in states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management;

(C) Notwithstanding the provisions of paragraph (2)(a)(A) of this rule, the Department may deny an Authorization to Proceed request if the Department finds that capacity at other treatment or disposal facilities negate the need for a particular facility in Oregon

(b) Capacity:

(A) The facility shall not be sized less than what is needed, in conjunction with existing facilities in the Northwest Compact States, to treat or dispose of all hazardous waste or PCB generated, or reasonably projected to be generated over the next ten years, in Oregon;

(B) The facility shall not be sized greater than needed to treat or dispose of all hazardous waste or PCB generated, or reasonably projected to be generated over the next ten years, in states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management;

(C) If the facility is sized to treat or dispose of more hazardous waste or PCB generated outside Oregon than hazardous waste or PCB generated in Oregon, the applicant must demonstrate to the Department that the additional size is needed to make the proposed facility economically feasible;

(D) If all of the criteria of rule 340-120-0010(2) are met, the Commission may give preference to a proposed facility which is sized more closely to what is needed to treat or dispose of hazardous waste or PCB generated in Oregon.

(c) Technology and Design. The facility shall use the best available technology as determined by the Department for treatment and disposal of hazardous waste and PCB. The facility shall use the highest and best practicable treatment and/or control as determined by the Department to protect public health and safety and the environment;

(d) Location:

(A) The facility shall be sited at least one mile from:

(i) Areas within urban growth boundaries as defined by ORS 197.295;

(ii) Wilderness, parks, and recreation areas as designated or identified (if appropriate) in the applicable local comprehensive plan or zoning maps;

(iii) Schools, churches, hospitals, nursing homes, retail centers, stadiums, auditoriums and residences except those owned by the applicant and necessary for the operation of the facility.

(B) The Department may consider a lesser distance for subparagraphs (2)(d)(A)(ii) and (iii) if the applicant demonstrates that the lesser distance adequately protects the public health and safety and the environment.

(e) Property Line Setback:

(A) Hazardous waste and PCB treatment and disposal facilities, other than land disposal facilities, on the site of waste generation shall have at least a 250 foot separation between active waste management areas and facilities, and property boundaries;

(B) Hazardous waste and PCB treatment and disposal facilities off the site of waste generation and land disposal facilities on the site of waste generation shall have at least a 1,000 foot separation between active waste management areas and facilities, and property boundaries.

(f) Groundwater Protection:

(A) Using the Groundwater Quality Protection Evaluaton Matrix as shown in Table 2 of this Division:

(i) Surface impoundments, land treatment facilities and waste piles shall only be located on an area rated as 2 or 3;

(ii) Landfills shall only be located on an area rated as 3.

(B) Hazardous waste and PCB facilities not listed in subparagraphs (2)(f)(A)(i) or (2)(f)(A)(ii) need not meet this criterion to obtain an Authorization to Proceed.

(g) Owner and Operator Capability. The owner, any parent company of the owner and the operator must demonstrate adequate financial and technical capability to properly construct and operate the facility. As evidence of financial capability, the following shall be submitted:

(A) Financial statements of the owner, any parent company of the owner, and the operator audited by an independent certified public accountant for three years immediately prior to the application;

(B) The estimated cost of construction and a plan detailing how the construction will be funded; and

(C) A three year projection, from the date the facility is scheduled to begin operating, of revenues and expenditures related to operating the facility. The projection should have sufficient detail to determine the financial capability of the owner, any parent company of the owner and the operator to properly operate the facility.

(h) Compliance History:

(A) The compliance history in owning and operating other similar facilities, if any, must indicate that the owner, any parent company of the owner and the operator have an ability and willingness to operate the proposed facility in compliance with the provisions of ORS Chapter 466 and any permit conditions that may be issued by the Department or Commission. As evidence of ability and willingness, the following shall be submitted:

(i) A listing of all responses to past actual violations identified by EPA or the appropriate state regulatory agency within the five years immediately preceding the filing of the request for an Authorization to Proceed at any similar facility owned or operated by the applicant, owner, any parent company of the owner or operator during the period when the actions causing the violations occurred; and

(ii) Any written correspondence from EPA and the appropriate state regulatory agency which discusses the present compliance status of any similar facility owned or operated by the applicant, owner, any parent company of the owner or operator.

(B) Upon request of the Department, the applicant shall also provide responses to the past violations identified prior to the five years preceding the filing of an Authorization to Proceed and the specific compliance history for a particular facility owned or operated by the applicant, any parent company of the owner or operator.

[ED. NOTE: The Table(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 466.045,ORS 466.055, ORS 466.060 & ORS 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

 

340-120-0015

Land Use Compatibility Findings

(1) For facilities listed in OAR 340-120-0001(2), the land use compatibility statement of OAR 340-105-0013 must include findings that at least considered the following criteria:

(a) To assure low density populations around a facility, the facility shall be sited at least the following distances from an acknowledged urban growth boundary:

(A) One mile from areas within an urban growth boundary containing a population of 2500 people or less;

(B) Two miles from areas within an urban growth boundary containing a population between 2,500 and 10,000 people; and

(C) Three miles from areas within an urban growth boundary containing a population of 10,000 people or greater.

(b) The facility shall be sited at least one mile from the following, as designated or identified (if appropriate) in the comprehensive plan or on zoning maps:

(A) Schools, churches, hospitals, nursing homes, retail centers, stadiums, auditoriums or residences not owned by the applicant;

(B) Wilderness, parks, and recreation areas;

(C) Scenic view sites;

(D) Federal and state scenic waterways;

(E) Destination resorts;

(F) Rural communities and rural residential areas;

(G) Public airports.

(c) The facility shall be sited at least one quarter mile from the following, as designated or identified (if appropriate) in the comprehensive plan or on zoning maps:

(A) Perennial surface water (including rivers, streams, lakes, oceans, and reservoirs), estuaries and wetlands;

(B) Historic and cultural areas;

(C) Ecologically and scientifically significant natural areas;

(D) Municipal watersheds;

(E) Flood hazard areas;

(F) Slide hazard areas;

(G) Willamette River Greenway;

(H) Coastal shorelands, beaches and dunes;

(I) Active seismic faults.

(d) The proposed facility is allowable in the applicable zone and will comply with all applicable development standards in the local land use regulations;

(e) The facility shall not prevent the use of adjacent lands for uses permitted or otherwise allowed in the applicable zone;

(f) Emergency services, including medical care, to respond to and address emergencies and accidents at the facility or involving wastes traveling on local transportation routes to the facility have been identified and their adequacy has been assessed;

(g) The facility shall have more than one transportation highway to it;

(h) The appropriate city, county and state highway or transportation departments have reviewed the local transportation routes to the facility for safety and their recommendations for improvements shall be implemented prior to first waste receipt at the facility.

(2) The findings made by the local government with land use jurisdiction according to section (1) of this rule shall state if the applicant requested an exception to any criteria, or if the local government did not consider any of the criteria. An exception may be approved by the local government or by the Department if the applicant demonstrates that the public health and safety and the environment are adequately protected by allowing the exception or if the exception provides substantially equivalent protection as compared to the criterion. The findings shall give a detailed justification for each exception allowed by local government or the Department.

(3) The local government with land use jurisdiction should act on a land use compatibility request within 180 days after a complete request was submitted by the applicant. If local government does not wish to act on the compatibility request or address any of the criteria of section (1) of this rule, the Department shall act on the request or prepare findings for the criteria. The Department is ultimately responsible for determining compliance with state land use goals for the purpose of issuing a permit.

Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 466.015, ORS 466.025, ORS 466.055 & ORS 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

 

340-120-0020

Community Participation

(1) The Commission finds that local community participation is important in the siting and in reviewing the design, construction and operation of hazardous waste and PCB treatment and disposal facilities.

(2) To encourage local participation in the siting of a proposed facility described in OAR 340-120-0001(2), the Director shall appoint and utilize a committee comprised at least partly of residents living near to, or along transportation routes to, the facility site. The committee shall be appointed as soon as feasible after the Department receives an Authorization to Proceed request. At least one half of the appointments shall be from a list of nominees submitted by the local government with land-use jurisdiction. The Director shall appoint the chairperson of the committee.

(3) The Director may appoint a committee to review a proposed facility described in OAR 340-120-0001(4).

(4) The Director may continue a committee authorized in sections (2) and (3) of this rule or appoint a new committee to review the operation of a facility once it is located and constructed.

COMMENT: The committee shall provide a forum for citizen comments, questions and concerns about the site and facility and promote a dialogue between the community of the proposed facility and the company interested in siting the facility. The committee shall prepare a written report summarizing local citizen concerns and the manner in which the company is addressing these concerns. The report shall be considered by the Department and Commission and local government during the consideration of the proposed facility.

(5) The Department recommends that the local government and applicant consider negotiating an agreement appropriate for the proposed facility's potential local impact. The agreement might consider these and other issues:

(a) Training and equipping local fire, police and health department personnel to respond to accidents, spills and other emergencies;

(b) Special monitoring both on and off-site for worker and community health status;

(c) Road improvements and maintenance to assure safe transportation of waste to the site;

(d) Possible changes in property values near the site due to the proposed facility;

(e) A plan to resolve conflicts or disagreements that might develop between the facility operator and the community.

(6) When issuing a treatment or disposal permit pursuant to Divisions 105, 106 and 110 of this Chapter, the Department, or as applicable, the Commission, may impose requrements addressing the issues described in section (5) of this rule or other similar issues to protect the public health and safety and the environment.

Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 466.015, ORS 466.050 & ORS 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

 

340-120-0025

Off-Site Transportation Emergencies

An emergency response team owned by or under contract to the owner or operator of the facility shall be located within 25 miles of the facility. The team shall be capable of immediately responding to spills, occurring within 50 miles of the facility, of waste traveling to the facility.

Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 466.020, ORS 466.025 & ORS 468.020
Hist.: DEQ 12-1986, f. & ef. 5-20-86

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