OAR 340-064-0030
Department Review of Applications for Waste Tire Storage Sites
(1)
Applications for waste tire storage permits shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR 340, division 14, except as otherwise provided in OAR 340, division 64.(2)
Applications for permits shall be complete only if they:(a)
Are submitted on forms provided by the Department, accompanied by all required exhibits, and the forms are completed in full and are signed by the applicant and the property owner or person in control of the premises;(b)
Include plans and specifications as required by OAR 340-064-0018 (“First-Stage” or Limited Duration Permit) and 340-064-0020 (“Second-Stage” or Regular Permit);(c)
Include the appropriate application fee pursuant to OAR 340-064-0020 (“Second-Stage” or Regular Permit)(1)(c).(3)
An application may be accepted as complete for processing if all required materials have been received with the exception of the financial assurance required under OAR 340-064-0020 (“Second-Stage” or Regular Permit)(1)(b) and 340-064-0022 (Financial Assurance), and the written statement of compatibility of the proposed site with the acknowledged local comprehensive plan and zoning requirements from the local government unit(s) having jurisdiction. However, the Department shall not issue a “second-stage” waste tire storage permit unless required financial assurance and land use compatibility have been received.(4)
Following the submittal of a complete waste tire storage permit application, the director shall cause notice to be given in the county where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application.(5)
The notice shall contain information regarding the location of the site and the type and amount of waste tires or tire-derived products intended for storage at the site. In addition, the notice shall give any person substantially affected by the proposed site an opportunity to comment on the permit application.(6)
The Department may conduct a public hearing in the county where a proposed waste tire storage site is located.(7)
Upon receipt of a completed application, the Department may deny the permit if:(a)
The application contains false information;(b)
The application was wrongfully accepted by the Department;(c)
The proposed waste tire storage site would not comply with these rules or the waste tire statutes or any other applicable rules or statutes of the Department;(d)
There is no clearly demonstrated need for the proposed new, modified or expanded waste tire storage site; or(e)
The proposed waste tire storage site would in the Department’s opinion cause environmental, safety or health hazards.(8)
Based on the Department’s review of the waste tire storage application, and any public comments received by the Department, the director shall issue or deny the permit. The director’s decision shall be subject to appeal to the Commission and judicial review under ORS 183.310 (Definitions for chapter) to 183.550.
Source:
Rule 340-064-0030 — Department Review of Applications for Waste Tire Storage Sites, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0030.