Oregon Administrative Code

340-094-0120 Closure Requirements 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 municipal solid waste permitt…

340-094-0130 Post-Closure Care Requirements 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, Part 258, Subpart F. All municipal solid waste permittee…

340-094-0140 Financial Assurance Criteria 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 financial assurance criteria in 40 CFR, Part 258, Subpart G. All municipal solid waste permittees sh…

340-094-0145 Financial Assurance Mechanisms (1) The financial assurance mechanism shall restrict the use of the financial assurance so that the financial resources may be used only to guarantee that closure, post-closure or corrective action activities will be performed, or that …

340-095-0001 Applicability (1) For purposes of this Division, “non-municipal land disposal site” means a land disposal site other than: (a) A municipal solid waste landfill or a unit associated with the operation of such a landfill; (b) A facility listed in OAR 340, division 96. …

340-095-0010 Location Restrictions (1) Except as otherwise provided in OAR 340 division 95, any person who designs, constructs, maintains, or operates any non-municipal land disposal site must do so in conformance with the location requirements of this rule. (2) Endangered Specie…

340-095-0020 Operating Criteria (1) Except as otherwise provided in OAR 340 division 95, any person who maintains or operates any non-municipal land disposal site must do so in conformance with the operating requirements of this rule. (2) Permitted Wastes. Only the waste types li…

340-095-0030 Design Criteria (1) Except as otherwise provided in OAR 340, division 95, any person who designs, constructs, expands or modifies any non-municipal land disposal site must do so in conformance with the design requirements of this rule. (2) Plan Design Requirements. U…

340-095-0040 Groundwater Monitoring and Corrective Action (1) Groundwater: (a) Each non-municipal land disposal site permittee shall ensure that: (A) The introduction of any substance from the land disposal site into an underground drinking water source does not result in a viola…

340-095-0050 Closure and Post-Closure Care: Closure Permits (1) Closure Permit: (a) At least 5 years prior to anticipated final closure of a non-municipal land disposal site, the person holding the disposal site permit shall apply to renew the permit to cover the period of time r…

340-095-0060 Closure and Post-Closure Care: Closure Plans To comply with the financial assurance requirements of OAR 340-095-0090(1)(a): (1) Two types of written closure plans shall be prepared: (a) The two types of closure plan are: (A) A conceptual “worst-case” closure plan, fo…

340-095-0065 Closure and Post-Closure Care: Post-Closure Plans To comply with the financial assurance requirements of OAR 340-095-0090(1)(b): (1) Two types of written post-closure plans shall be prepared: (a) A “conceptual” post-closure plan; and subsequently (b) A Final Engineer…

340-095-0070 Closure Requirements Each permittee of a non-municipal land disposal site that closes after January 1, 1980 shall comply with this rule. (1) When solid waste is no longer received at a non-municipal land disposal site, the person who holds or last held the permit iss…

340-095-0080 Post-Closure Care Requirements (1) Post-closure requirements: (a) Upon completion or closure of any non-municipal land disposal site where waste remains on-site, a detailed description of the site including a plat should be filed with the appropriate county land reco…

340-095-0090 Financial Assurance Criteria (1) Financial Assurance Required. The owner or operator of a non-municipal land disposal site shall maintain a financial assurance plan with detailed written cost estimates of the amount of financial assurance that is necessary and shall …

340-095-0095 Form of Financial Assurance (1) The financial assurance mechanism shall restrict the use of the financial assurance so that the financial resources may be used only to guarantee that closure, post-closure or corrective action activities will be performed, or that the…

340-096-0001 Applicability (1) 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, commingled recycling processing facilities, composting facilities, conversion t…

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 incin…

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 dis…

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…

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 applicabl…

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, exce…

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…

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 …

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 t…

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 o…

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 r…

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…

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 rul…

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 …

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. A…

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.…

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…

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 conversi…

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 ru…

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)…

340-096-0210 Waste Tire Storage Sites Applicability: The purpose of OAR 340-096-0210 through 340-096-0240 is to prescribe requirements, limitations and procedures for storage, collection, and disposal of waste tires. Active waste tire storage permits, beneficial use waste tire st…

340-096-0220 Financial Assurance (1) The Department shall determine for each applicant the amount of financial assurance required for waste tire storage sites. The Department shall base the amount on the estimated cost of cleanup for the maximum number of waste passenger tire equ…

340-096-0230 Standards for Waste Tire Storage Sites (1) The holder of a waste tire storage permit shall comply with the technical and operational standards in OAR 340-096-0230. (2) A waste tire storage site shall not be constructed or operated in a wetland, waterway, floodway, 25…

340-096-0240 Waste Tire Storage Site Permittee Obligations (1) Each person who is required by ORS 459.715, and OAR 340-096-0210, to obtain a permit shall: (a) Comply with the provisions of ORS 459.705 to 459.790, OAR 340-096-0240, and any other applicable Department requirements;…

340-096-0260 Waste Tire Carrier Permit Required (1) Any person engaged in picking up, collecting or transporting waste tires for the purpose of storage, processing or disposal must obtain a waste tire carrier permit from the Department. (2) No person shall collect or haul waste t…

340-096-0270 Waste Tire Carrier Permittee Obligations (1) Each person required to obtain a waste tire carrier permit shall: (a) Comply with ORS 459.705 to 459.790, OAR 340-096-0260 through 340-096-0290, and any other applicable requirements; (b) Inform the Department in writing w…

340-096-0280 Department Review of Waste Tire Carrier Permit Applications (1) Applications for waste tire carrier permits shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR 340, Division 93, except …

340-096-0290 Proper Disposition of Waste Tires and Documentation Required of Generators of Waste Tires (1) Any person who generates or handles more than 100 waste tires a year shall keep a log of the amount of waste tires they generated or handled. (2) Any person who generates wa…

340-096-0300 Commingled Recycling Processing Facilities and Limited Sort Facilities (1) Applicability. (a) This rule applies to all commingled recycling processing facilities and limited sort facilities. Such facilities are disposal sites as defined by ORS Chapter 459 and 459A an…

340-096-0310 Responsible End Markets (1) Responsible End Markets Standard (a) A commingled recycling processing facility must ensure that materials are marketed to responsible end markets, as provided by OAR 340-090-0670(1) and (2) and by completing the following two steps succes…

340-096-0820 Commingled Recycling Processing Facility Certification Program (1) In accordance with ORS 459A.905(2)(a)(B), a local government, the local government’s service provider or a commingled recycling reload facility may only deliver to a commingled recycling processing fa…

340-096-0840 Living Wage and Supportive Benefits For purposes of ORS 459A.905(2)(c) and related statutes and rules the terms below in Section (1) to (3) have the meanings provided by this rule: (1) A worker is any person receiving compensation in exchange for any hours scheduled …

340-097-0001 Applicability This division applies to persons owning or operating or applying to DEQ to own or operate, a municipal solid waste landfill, a non-municipal land disposal site, an energy recovery facility or an incinerator receiving solid waste delivered by the public …

340-097-0110 Solid Waste Permit and Disposal Fees (1) Each person required to have a solid waste disposal permit, waste tire storage or waste tire carrier permit is subject to the following fees: (a) An application processing fee for new facilities and new waste tire carriers whi…