Design, Construction, Operation and Closure Requirements
(1)All chemical process and waste disposal facilities and facilities for mixing, distribution, and application of chemicals associated with on-site mining operations; ore preparation and beneficiation facilities; and processed ore disposal facilities shall be designed, constructed, operated and closed in accordance with the guidelines contained in this Division.
(2)Alternative facilities and methods of control of wastes and potential pollutants may be approved by the Department if the permit applicant can demonstrate that the alternate facilities and methods will provide environmental protection that is fully equivalent or better than that achieved by the facilities specified in the guidelines in OAR 340-043-0070 (Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Purpose) to 340-043-0180 (Guidelines for the Design, Construction, Operation and Closure of Chemical Mining Operations: Guidelines for Open-Pit Closure). The burden of proof of fully equivalent protection lies with the permit applicant. Written approval of any alternative by the Department shall be evidence of acceptance as equivalent or better level of environmental protection.
(3)A groundwater monitoring plan shall be submitted to, and be approved by the Department. Monitoring wells shall be installed for detection of groundwater contamination as required by OAR 340, division 40, unless the Department concludes in writing that the hydrogeology of the site or other technical information indicates that an adverse impact on groundwater quality is not likely to occur.
(4)The Department may, in accordance with a written compliance schedule, grant reasonable time for existing facilities to comply with these rules.
Rule 340-043-0050 — Design, Construction, Operation and Closure Requirements,