Oregon Administrative Code

340-090-0930 Core Product Category Rule (1) Methodological Framework. This rule provides the general considerations and technical parameters required for the life cycle evaluation of covered products required of large producers by ORS 459A.944, and that may be undertaken voluntar…

340-090-0940 Additional Environmental and Human Health Information In addition to the information required by OAR 340-090-0930, a life cycle evaluation under the LCE rules must include the additional information on environmental and human health impacts of a covered product requi…

340-091-0010 Purpose for Waste Reduction Programs and Recycling Certification (1) The Commission’s purpose in adopting rules OAR 340-091-0010 through 340-091-0090 for waste reduction programs pursuant to ORS 459.055 and 468.220 and for certifying that a sufficient opportunity to …

340-091-0020 Applicability for Waste Reduction Programs and Recycling Certification (1) Waste Reduction Programs: A waste reduction program approved by the Department under OAR 340-091-0080 shall be required before: (a) Issuance of a disposal site permit under ORS 459.047 through…

340-091-0030 Standards for Recycling Certification (1) Opportunity to recycle. For purposes of OAR 340-091-0010 to 0090, the opportunity to recycle means that: (a) For any person other than a local government unit, the opportunity to recycle is available locally or that the perso…

340-091-0035 Notification of Intent to Receive Out-of-State Waste and Compliance “Demonstration” (1) A disposal site operator shall notify the Department before accepting a single shipment or the first of multiple shipments of solid waste from a source outside Oregon anticipated …

340-091-0040 Decertification, Recertification, and Variances (1) Certified persons shall be decertified if the Department finds, through its review of the recycling reports (periodic opportunity to recycle report and annual recovery rate report) submitted under OAR 340-090-0100 o…

340-091-0050 Initial Reports Required for Recycling Certification (1) The disposal site permittee shall report, on forms provided by the Department, the quantity of material received from each certified person, located outside of the immediate service area of the disposal site. (…

340-091-0060 Equivalents for Out of State Persons — Recycling Certification This rule specifies how a site operator shall demonstrate to the Department that the opportunity to recycle is being implemented for waste originating outside Oregon. (1) For a Local Government Unit: a si…

340-091-0070 Standards for Waste Reduction Programs (1) The information in section (2) of this rule must be submitted before the Department will approve a waste reduction program from any person, whether the waste is generated within or outside Oregon. In addition, the informatio…

340-091-0080 Submittals, Approval, and Amendments for Waste Reduction Programs (1) For persons within the State of Oregon, information required for approval of waste reduction programs pursuant to OAR 340-091-0070 shall be submitted by the person before waste from that person may…

340-093-0005 Purpose and Applicability The purpose of OAR 340, divisions 93 through 97 is to prescribe requirements, limitations, and procedures for storage, collection, transportation, treatment and disposal of solid waste. All persons storing, collecting, transporting, treating…

340-093-0010 Policy Whereas inadequate solid waste collections, storage, transportation, treatment, recycling and disposal practices cause nuisance conditions, potential hazards to public health and safety and pollution of the air, water and land environment, it is hereby declare…

340-093-0020 State of Oregon Solid Waste Plan These rules constitute the State Solid Waste Plan for purposes of Section 4001 of the federal Resource Conservation and Recovery Act of 1976 as amended by PL 96-482, until such time as an Integrated State Solid Waste Management Plan i…

340-093-0030 Definitions As used in OAR chapter 340, divisions 93, 94, 95, 96 and 97 unless otherwise specified: (1) “Acceptable Risk Level” has the meaning as defined in OAR 340-122-0115 of the Hazardous Substance Remedial Action Rules. (2) "Access Road" means any road owned or …

340-093-0040 Prohibited Disposal (1) No person shall dispose of or authorize the disposal of solid waste except at a solid waste disposal site or waste tire storage site permitted by the Department to receive that waste, or at a class of disposal site or waste tire storage site s…

340-093-0050 Permit Required (1) Except as provided by OAR 340-093-0050(5), no person may establish, operate, maintain or substantially alter, expand, improve or close a disposal site or waste tire storage site, and no person may change the method or type of disposal at a disposa…

340-093-0060 Letter Authorizations Pursuant to OAR 340-093-0050(7), the Department may authorize the short-term operation of a disposal site by issuing a permit called “letter authorization” subject to the following: (1) A letter authorization may be issued only on the basis of a…

340-093-0070 Applications for Permits (1) Any person wishing to obtain a new, modified, or renewal permit from the Department must submit a written application on a form provided by the Department. The Department must receive renewal applications at least 180 days before a permit…

340-093-0080 Variances and Permit Exemptions (1) Variances. The Commission may by specific written variance waive certain requirements of OAR 340, divisions 93 through 97 when circumstances of the solid waste disposal or waste tire storage site location or waste tire carriers, op…

340-093-0090 Preliminary Approval (1) The Department may issue written preliminary approval to any applicant for a Solid Waste Disposal Permit, prior to submission of detailed engineering plans and specifications, based on the material submitted in a site characterization report(…

340-093-0100 Public Notice and Participation Requirements Regarding Permit Actions (1) The department has categorized permit actions according to environmental and public health significance. Category 1 represents permit actions with low environmental and public health significan…

340-093-0105 Categories for Permit Actions (1) Category 1: (a) Waste Tire Carrier Permit under 340-096-0260. (b) Letter Authorization under 340-093-0060. (c) Modification to a permit that is administrative in nature or does not alter permit conditions. (2) Category 2: (a) Renewal…

340-093-0110 Issuance or Denial of a Permit (1) The Department must take final action on the permit application within 45 days of the close of the comment period. The scheduling of a hearing and the consideration of comments will automatically constitute good cause for an extensi…

340-093-0113 Department Initiated Modification of a Permit If the Department determines it is appropriate to modify a permit, the Department will notify the permittee by registered or certified mail of the proposed modification and include them and the reasons for them. The modif…

340-093-0115 Termination or Revocation of a Permit (1) Automatic Termination: A permit automatically terminates when: (a) The Department issues a new permit for the same activity or operation; (b) The permittee requests in writing that the permit terminate, if the Department dete…

340-093-0120 Violations Violations of OAR 340, divisions 93 through 97 shall be punishable as provided in ORS 459 and pursuant to OAR 340-012. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 459.255, 459.376, 459.992 & 459.995 History: DEQ 10-1994, f. & cert. e…

340-093-0130 Site Characterization Report(s) The purpose of the site characterization report(s) required by OAR 340-093-0070(3)(e) is to demonstrate that the proposed facility will be located in a suitable site and will use appropriate technology in design, construction and opera…

340-093-0140 Detailed Plans and Specifications Required Except as provided in OAR 340-093-0070(4): (1) Any person applying for a solid waste disposal or waste tire storage permit must submit plans and specifications conforming with current technological practices, and sufficientl…

340-093-0150 Construction Certification Except as provided in OAR 340-093-0070(4): (1) The department may require, upon completion of major or critical construction at a disposal site or waste tire storage site, that the permittee submit to the department a final project report s…

340-093-0160 Place for Collecting Recyclable Material (1) Beginning July 1, 2025, all solid waste permittees shall ensure that a place for collecting source separated recyclable material identified in OAR 340-090-0630(2) is provided for every person whose solid waste enters the d…

340-093-0170 Cleanup Materials Contaminated with Hazardous Substances (1) Applicability: (a) For the purposes of this rule, “cleanup materials contaminated by hazardous substances” such as petroleum contaminated soils include only those materials which are not hazardous wastes as…

340-093-0190 Wastes Requiring Special Management (1) The following wastes require special handling or management practices, and shall not be deposited at a solid waste disposal site unless special provisions for such disposal are included in a Special Waste Management Plan pursua…

340-093-0210 Storage and Collection (1) General Requirements. Storage and collection of solid waste shall be conducted in a manner to prevent: (a) Vector production and sustenance; (b) Conditions for transmission of diseases to man or animals; (c) Hazards to service or disposal w…

340-093-0220 Transportation (1) Collection and Transfer Vehicles Construction and Operation: (a) Solid waste collection and transfer vehicles and devices shall be constructed, loaded and operated so as to prevent dropping, leaking, sifting, or blowing or other escapement of solid…

340-093-0250 Landfill Siting: Request for DEQ Assistance (1) A city or county responsible for implementing a Department approved Solid Waste Management Plan which identifies the need for a landfill may request assistance from the Department in establishing a landfill under ORS 45…

340-093-0260 Beneficial Use of Solid Waste OAR 340-093-0260 through 340-093-0290 establish criteria and procedures for determining if the use of a solid waste is a beneficial use. OAR 340-093-0270 lists approved standing beneficial uses of solid waste. The Department may approve …

340-093-0270 Standing Beneficial Use Determinations A person may manage solid waste according to a standing beneficial use determination listed in section (5) without contacting the Department’s Solid Waste Program for approval if the person complies with the requirements of this…

340-093-0280 Case-Specific Beneficial Use Performance Criteria The Department may approve a beneficial use of a solid waste that meets the criteria of this rule. (1) The applicant has characterized the solid waste and use sufficiently to demonstrate compliance with this rule. (2)…

340-093-0290 Case-Specific Beneficial Use Review Procedures Any person may apply to the Department for case-specific approval for the beneficial use of a solid waste that is not a standing beneficial use under OAR 340-093-0270. A written application must include the information r…

340-094-0001 Applicability (1) OAR 340, division 94 applies to municipal solid waste landfills and their appurtenances such as leachate management facilities, and to ash monofills. (2) The criteria adopted in OAR 340-094-0010 apply to all municipal solid waste landfills which rec…

340-094-0010 Adoption Of United States Environmental Protection Agency Municipal Solid Waste Regulations (1) Except as otherwise modified or specified by OAR 340, divisions 93 through 97, the criteria for municipal solid waste landfills, prescribed by the United States Environmen…

340-094-0020 State Flexibility (1) The provisions of Title 40, CFR, Part 258, shall apply even where the Director is allowed to specify alternative schedules, procedures or designs, unless an applicant or permittee can demonstrate to the Department’s satisfaction pursuant to sect…

340-094-0030 Location Restrictions (1) If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with landfill location restrictions in 40 CFR, Part 258, Subpart B. Except as otherwise provided in OAR 340,…

340-094-0040 Operating Criteria (1) If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with landfill operating criteria in 40 CFR, Part 258, Subpart C. Except as otherwise provided in OAR 340, divis…

340-094-0060 Design Criteria (1) If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with landfill design criteria in 40 CFR, Part 258, Subpart D. Except as otherwise provided in OAR 340, division 94…

340-094-0080 Groundwater Monitoring and Corrective Action If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with groundwater monitoring and corrective action requirements in 40 CFR, Part 258, Subpa…

340-094-0100 Closure and Post-Closure Care: Closure Permits If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with closure criteria in 40 CFR, §258.60. All municipal solid waste permittees shall al…

340-094-0110 Closure and Post-Closure Care: Closure Plans If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with closure and post-closure care requirements in 40 CFR, Part 258, Subpart F. All munic…

340-094-0115 Closure and Post-Closure Care: Post-Closure Plans If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with post-closure care requirements in 40 CFR, §258.61. All municipal solid waste pe…