OAR 340-012-0068
Hazardous Waste Management and Disposal Classification of Violations
(1)
Class I:(a)
Failing to make a complete and accurate hazardous waste determination of a residue as required by OAR 340-102-0011 (Hazardous Waste Determination);(b)
Failing to meet Land Disposal Restriction (LDR) requirements when disposing of hazardous waste;(c)
Operating a hazardous waste treatment, storage or disposal facility (TSD) without first obtaining a permit or without having interim status;(d)
Treating, storing or accumulating hazardous waste in a hazardous waste management unit, as defined in 40 CFR 260.10, that does not meet the unit design or unit integrity assessment criteria for the hazardous waste management unit;(e)
Accepting, transporting or offering for transport hazardous waste without a uniform hazardous waste manifest;(f)
Transporting, or offering for transport, hazardous waste to a facility not authorized or permitted to manage hazardous waste;(g)
Failing to comply with management requirements for ignitable, reactive, or incompatible hazardous waste;(h)
Illegally treating or disposing of a hazardous waste;(i)
Failing to submit Land Disposal Restriction notifications;(j)
Failing to have and maintain a closure plan or post closure plan for a TSD facility or for each regulated hazardous waste management unit, as defined in 40 CFR 260.10, by the owner or operator of facility or unit;(k)
Failing to carry out closure or post closure plan requirements, by an owner or operator of a TSD facility, such that the certification for completing closure or post closure work is not submitted, or is incomplete, inaccurate, or non-compliant with the approved plans;(l)
Failing to establish or maintain financial assurance or hazard liability requirements in 40 CFR 264.147 or 40 CFR 265.147, by an owner or operator of a TSD facility;(m)
Failing to follow emergency procedures in a Contingency Plan or other emergency response requirements during an incident in which a hazardous waste or hazardous waste constituent is released to the environment or the incident presents a risk of harm to employees, emergency responders or the public;(n)
Failing to comply with the export requirements in 40 CFR 262.52 for hazardous wastes;(o)
Failing to properly install a groundwater monitoring system in compliance with permit requirements, by an owner or operator of a TSD facility;(p)
Failing to properly control volatile organic hazardous waste emissions, by a large-quantity hazardous waste generator or TSD facility, when such failure could result in harm to employees, the public or the environment;(q)
Failing to inspect, operate, monitor, keep records or maintain in compliance with a permit: hazardous waste landfill units, incineration equipment, Subpart X treatment equipment, hazardous waste treatment units, pollution abatement equipment for hazardous waste treatment or disposal, or hazardous waste monitoring equipment;(r)
Failing to immediately clean up spills or releases or threatened spills or releases of hazardous waste, by any person having ownership or control over hazardous waste; or(s)
Failing to submit an exception report.(2)
Class II:(a)
Failing to place an accumulation start date on a container used for accumulation or storage of hazardous waste;(b)
Failing to label a tank having a capacity of 100 gallons or more, or containers equaling more than 110 gallon capacity used for accumulation or storage of hazardous waste;(c)
Failing to post required emergency response information next to the telephone, by a small quantity generator;(d)
Accumulating hazardous waste more than thirty (30) days beyond the specified accumulation time frame;(e)
Failing to submit a manifest discrepancy report;(f)
Shipping hazardous waste on manifests that do not comply with DEQ rules;(g)
Failing to prevent the unknown or unauthorized entry of a person or livestock into the waste management area of a TSD facility;(h)
Failing to conduct required inspections at hazardous waste generator accumulation sites or hazardous waste permitted storage areas;(i)
Failing to prepare a contingency plan;(j)
Failing to comply with the requirements of a groundwater monitoring program, unless otherwise classified;(k)
Failing to maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination;(l)
Generating, treating, storing or disposing of hazardous waste without complying with the Personnel Training requirements;(m)
Failing to keep containers of hazardous waste closed, except when adding or removing wastes;(n)
Failing to comply with the requirements for management of containers, including satellite accumulation, other than the requirements for ignitable, reactive or incompatible waste, by a hazardous waste generator or storage facility;(o)
Failing to comply with the preparedness, prevention, contingency plan or emergency procedure requirements, unless otherwise classified;(p)
Failing to manage universal waste and waste pesticide residue in compliance with the universal waste management requirements or waste pesticide requirements;(q)
Failing to obtain a hazardous waste EPA identification number when required;(r)
Failing to comply with 40 CFR 264 or 265 Subparts J, W or DD standards, other than unit design or unit integrity assessment;(s)
Failing to comply with 40 CFR 264 or 265 Subparts AA, BB or CC standards for hazardous waste generator and TSD facilities, unless otherwise classified; or(t)
Failing to timely submit an annual report, by a hazardous waste generator, TSD facility, or hazardous waste recycling facility.(3)
Class III:(a)
Accumulating hazardous waste up to thirty (30) days beyond the specified accumulation time frame;(b)
Failing to label containers equaling 110 gallon capacity or less used for the accumulation or storage of hazardous waste;(c)
Failing to label a tank having less than 100 gallon capacity used for the accumulation or storage of hazardous waste;(d)
Failing to maintain on site, a copy of the one-time notification regarding hazardous waste that meets treatment standards by a hazardous waste generator; or(e)
Failing to submit a contingency plan to all police, fire, hospital and local emergency responders.
Source:
Rule 340-012-0068 — Hazardous Waste Management and Disposal Classification of Violations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-012-0068.