OAR 340-012-0065
Solid Waste Management Classification of Violations

(1)

Class I:

(a)

Establishing or operating a disposal site without first obtaining a registration or permit;

(b)

Accepting solid waste for disposal in a permitted solid waste unit or facility that has been expanded in area or capacity without first submitting plans to DEQ and obtaining DEQ approval;

(c)

Disposing of or authorizing the disposal of a solid waste at a location not permitted by DEQ to receive that solid waste;

(d)

Violating a lagoon freeboard limit that results in the overflow of a sewage sludge or leachate lagoon;

(e)

Accepting for treatment, storage, or disposal at a solid waste disposal site, without approval from DEQ, waste defined as hazardous waste, waste from another state which is hazardous under the laws of that state, or wastes prohibited from disposal by statute, rule, permit, or order;

(f)

Failing to properly construct, maintain, or operate in good functional condition, groundwater, surface water, gas or leachate collection, containment, treatment, disposal or monitoring facilities in accordance with the facility permit, DEQ approved plans, or DEQ rules;

(g)

Failing to collect, analyze or report groundwater, surface water or leachate quality data in accordance with the facility permit, the facility environmental monitoring plan, or DEQ rules;

(h)

Mixing for disposal or disposing of recyclable material that has been properly prepared and source separated for recycling;

(i)

Failing to establish or maintain financial assurance as required by statute, rule, permit or order;

(j)

Failing to comply with the terms of a permit terminated due to a failure to submit a timely application for renewal; or

(k)

Operating a composting facility in a manner that causes a discharge to surface water of pollutants, leachate or stormwater when that discharge is not authorized by a NPDES permit.

(2)

Class II:

(a)

Failing to accurately report the amount of solid waste disposed, by a permitted disposal site or a metropolitan service district;

(b)

Failing to timely or accurately report the weight and type of material recovered or processed from the solid waste stream;

(c)

Failing to comply with landfill cover requirements, including but not limited to daily, intermediate, and final covers, or limitation of working face size;

(d)

Operating a Household Hazardous Waste (HHW) collection event or temporary site without first obtaining DEQ approval or without complying with an approved plan for a HHW collection event;

(e)

Receiving or managing waste in violation of or without a DEQ-approved Special Waste Management Plan; or

(f)

Unless otherwise specifically classified, operating a composting facility in a manner that fails to comply with the facility’s registration, permit, DEQ-approved plans or DEQ rules.

(3)

Class III:

(a)

Failing to post required signs;

(b)

Failing to control litter;

(c)

Failing to notify DEQ of any name or address change; or

(d)

Violating any labeling requirement under ORS 459A.675 (Definitions for ORS 459A.675 to 459A.685)-685.

Source: Rule 340-012-0065 — Solid Waste Management Classification of Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-012-0065.

340‑012‑0026
Policy 340‑012‑0028
Scope of Applicability 340‑012‑0030
Definitions 340‑012‑0038
Warning Letters, Pre-Enforcement Notices, and Notices of Permit Violation 340‑012‑0041
Formal Enforcement Actions 340‑012‑0045
Civil Penalty Determination Procedure 340‑012‑0053
Classification of Violations that Apply to all Programs 340‑012‑0054
Air Quality Classification of Violations 340‑012‑0055
Water Quality Classification of Violations 340‑012‑0060
Onsite Sewage Disposal Classification of Violations 340‑012‑0065
Solid Waste Management Classification of Violations 340‑012‑0066
Solid Waste Tire Management Classification of Violations 340‑012‑0067
Underground Storage Tank (UST) Classification of Violations 340‑012‑0068
Hazardous Waste Management and Disposal Classification of Violations 340‑012‑0071
Polychlorinated Biphenyl (PCB) Classification of Violations 340‑012‑0072
Used Oil Management Classification of Violations 340‑012‑0073
Environmental Cleanup Classification of Violations 340‑012‑0074
Underground Storage Tank (UST) Cleanup Classification of Violations 340‑012‑0079
Heating Oil Tank (HOT) Classification of Violations 340‑012‑0081
Oil and Hazardous Material Spill and Release Classification of Violations 340‑012‑0082
Contingency Planning Classification of Violations 340‑012‑0083
Ballast Water Management Classification of Violations 340‑012‑0097
Dry Cleaning Classification of Violations 340‑012‑0130
Determination of Violation Magnitude 340‑012‑0135
Selected Magnitude Categories 340‑012‑0140
Determination of Base Penalty 340‑012‑0145
Determination of Aggravating or Mitigating Factors 340‑012‑0150
Determination of Economic Benefit 340‑012‑0155
Additional or Alternate Civil Penalties 340‑012‑0160
DEQ Discretion Regarding Penalty Assessment 340‑012‑0162
Inability to Pay the Penalty 340‑012‑0165
Stipulated Penalties 340‑012‑0170
Compromise or Settlement of Civil Penalty by DEQ
Last Updated

Jun. 8, 2021

Rule 340-012-0065’s source at or​.us