OAR 340-093-0030

As used in OAR chapter 340, divisions 93, 94, 95, 96 and 97 unless otherwise specified:


“Acceptable Risk Level” has the meaning as defined in OAR 340-122-0115 (Definitions) of the Hazardous Substance Remedial Action Rules.


“Access Road” means any road owned or controlled by the disposal site owner that terminates at the disposal site and that provides access for users between the disposal site entrance and a public road.


“Agricultural Waste” means waste on farms resulting from the raising or growing of plants and animals including but not limited to crop residue, manure, animal bedding, and carcasses of dead animals.


“Agricultural Composting” means composting conducted by an agricultural operation (as defined in ORS 467.120 (Agricultural and forestry operations)(2)(a) on lands used for farming (as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones)).


“Agronomic Application Rate” means land application of no more than the optimum quantity per acre of compost, sludge or other materials. In no case may such application adversely impact the waters of the state. Such application must be designed to:


Provide the amount of nutrient, usually nitrogen, needed by crops or other plantings, to prevent controllable loss of nutrients to the environment;


Condition and improve the soil comparable to that attained by commonly used soil amendments; or


Adjust soil pH to desired levels.


“Airport” means any area recognized by the Oregon Department of Transportation, Aeronautics Division, for the landing and taking-off of aircraft which is normally open to the public for such use without prior permission.


“Anaerobic Digestion” means the controlled biological breakdown of biodegradable organic material in the absence of oxygen.


“Aquifer” means a geologic formation, group of formations or portion of a formation capable of yielding usable quantities of groundwater to wells or springs.


“Asphalt paving” means asphalt which has been applied to the land to form a street, road, path, parking lot, highway, or similar paved surface and that is weathered, consolidated, and does not contain visual evidence of fresh oil.


“Assets” means all existing and probable future economic benefits obtained or controlled by a particular entity.


“Baling” means a volume reduction technique whereby solid waste is compressed into bales for final disposal.


“Base Flood” means a flood that has a one percent or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on the average of a significantly long period.


“Beneficial Use” means the productive use of solid waste in a manner that will not create an adverse impact to public health, safety, welfare, or the environment.


“Beneficial Use Determination” means the approval of a beneficial use of a solid waste pursuant to OAR 340-093-0260 (Beneficial Use of Solid Waste) through 340-093-0290 (Case-Specific Beneficial Use Review Procedures) either as a standing beneficial use or as a case-specific authorization.


"Biogas” is a gas produced through anaerobic digestion and is primarily composed of methane and carbon dioxide, but also may contain impurities such as hydrogen sulfide.


“Biological Waste” means blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soiled with urine or feces.


“Biosolids” means solids derived from primary, secondary or advanced treatment of domestic wastewater which have been treated through one or more controlled processes that significantly reduce pathogens and reduce volatile solids or chemically stabilize solids to the extent that they do not attract vectors.


“Clean Fill” means material consisting of soil, rock, concrete, brick, building block, tile or asphalt paving, which do not contain contaminants which could adversely impact the waters of the State or public health. This term does not include putrescible wastes, construction and demolition wastes and industrial solid wastes.


“Cleanup Materials Contaminated by Hazardous Substances” means contaminated materials from the cleanup of releases of hazardous substances into the environment, and which are not hazardous wastes as defined by ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385).


“Closure Permit” means a document issued by the department bearing the signature of the Director or his/her authorized representative which by its conditions authorizes the permittee to complete active operations and requires the permittee to properly close a land disposal site and maintain and monitor the site after closure for a period of time specified by the department.


“Commercial Solid Waste” means solid waste generated by stores, offices, including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals, and other non-manufacturing entities, but does not include solid waste from manufacturing activities. Solid waste from business, manufacturing or processing activities in residential dwellings is also not included.


“Commission” means the Environmental Quality Commission or the Commission’s authorized designee.


“Composted material” or “Compost” is the solid material resulting from the composting process. It includes both the material produced from aerobic composting and the solid digestate produced by anaerobic digestion, although the solid digestate may require additional composting in order to be suitable for certain applications.


“Composting” means the managed process of controlled biological decomposition of feedstocks. A managed process includes, but is not limited to, reducing feedstock particle size, adding moisture, mixing feedstocks, manipulating composting piles, and performing procedures to achieve human pathogen reduction. “Composting” includes both aerobic composting and anaerobic digestion. Other examples of composting include bokashi, fermentation, and vermiculture.


“Composting Facility” means a site or facility composting feedstocks to produce a useful product through a managed process of controlled biological decomposition. Examples of composting facilities include sites used for composting windrows and piles, anaerobic digestion, vermiculture, vermicomposting and agricultural composting.


“Construction and Demolition Waste” means solid waste resulting from the construction, repair, or demolition of buildings, roads and other structures, and debris from the clearing of land, but does not include clean fill when separated from other construction and demolition wastes and used as fill materials or otherwise land disposed. Such waste typically consists of materials including concrete, bricks, bituminous concrete, asphalt paving, untreated or chemically treated wood, glass, masonry, roofing, siding, plaster; and soils, rock, stumps, boulders, brush and other similar material. This term does not include industrial solid waste and municipal solid waste generated in residential or commercial activities associated with construction and demolition activities.


“Construction and Demolition Landfill” means a landfill that receives only construction and demolition waste.


“Conversion Technology Facility” means a facility that uses primarily chemical or thermal processes other than melting (changing from solid to liquid through heating without changing chemical composition) to produce fuels, chemicals, or other useful products from solid waste. These chemical or thermal processes include, but are not limited to, distillation, gasification, hydrolysis, pyrolysis, thermal depolymerization, transesterification and animal rendering, but do not include direct combustion, composting, anaerobic digestion, melting, or mechanical recycling. Mills that primarily use mechanical recycling or melting to recycle materials back into similar materials are not considered to be conversion technology facilities, even if they use some chemical or thermal processes in the recycling process.


“Corrective Action” means action required by the department to remediate a release of constituents above the levels specified in 40 CFR § 258.56 or OAR chapter 340 division 40, whichever is more stringent.


“Cover Material” means soil or other suitable material approved by the department that is placed over the top and side slopes of solid wastes in a landfill.


“Cultures and Stocks” means etiologic agents and associated biologicals, including specimen cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals, and serums and discarded live and attenuated vaccines. “Culture” does not include throat and urine cultures.


“Current Assets” means cash or other assets or resources commonly identified as those that are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.


“Current Liabilities” means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.


“Department” means the Department of Environmental Quality.


“Digestate” means both solid and liquid substances that remain following anaerobic digestion of organic material in a composting facility. “Solid digestate” means the solids resulting from anaerobic digestion, and "liquid digestate” means the liquids resulting from anaerobic digestion.


“Digested Sewage Sludge” means the concentrated sewage sludge that has decomposed under controlled conditions of pH, temperature and mixing in a digester tank.


“Director” means the Director of the Department of Environmental Quality or the Director’s authorized designee.


“Disposal Site” means land and facilities used for the disposal, handling, treatment or transfer of or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, land application units (except as exempted within the definition of solid waste in this rule), transfer stations, conversion technology facilities, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting facilities and land and facilities previously used for solid waste disposal at a land disposal site. The term “disposal site” does not include a facility authorized by a permit issued under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) to store, treat or dispose of both hazardous waste and solid waste; a facility subject to the permit requirements of ORS 468B.050 (Water quality permit); a site that is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar non-decomposable clean fill material, unless the site is used by the public either directly or through a collection service; or a site operated by a wrecker issued a certificate under ORS 822.110 (Dismantler certificate).


“Domestic Solid Waste” includes, but is not limited to, residential (including single and multiple residences), commercial and institutional wastes, as defined in ORS 459A.100 (Definitions for ORS 459A.100 to 459A.120); but the term does not include:


Sewage sludge or septic tank and cesspool pumpings;


Building demolition or construction wastes and land clearing debris, if delivered to a disposal site that is limited to those purposes and does not receive other domestic solid wastes;


Source separated recyclable materials, or material recovered at a disposal site for recycling;


Industrial waste going to an industrial waste facility; or


Waste received at an ash monofill from an energy recovery facility.


“Endangered or Threatened Species” means any species listed as such pursuant to Section 4 of the federal Endangered Species Act and any other species so listed by the Oregon Department of Fish and Wildlife.


“Energy Recovery” means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material. Energy recovery includes the direct combustion of solid waste in an energy recovery facility and the production of fuels intended to be burned as an energy source, such as the pyrolysis of plastics to produce fuel oils or the grinding of wood waste to produce combustion fuel.


“Energy Recovery Facility” means a facility that directly combusts solid waste and uses the heat energy generated for some useful purpose such as to produce electricity or to produce steam to be used in an industrial process.


“Feedstock” means organic and other solid wastes used in a composting process to produce composted material, or used in a conversion technology facility to produce other products. For composting, four types of feedstocks are defined:


Type 1 feedstocks include source-separated yard and garden wastes, wood wastes, agricultural crop residues, wax-coated cardboard, vegetative food wastes including department approved industrially produced vegetative food waste, and other materials the department determines pose a low level of risk from hazardous substances, physical contaminants and human pathogens. Type 1 feedstocks also include digestate derived only from type 1 feedstocks.


Type 2 feedstocks include manure and bedding and other materials the department determines pose a low level of risk from hazardous substances and physical contaminants and a higher level of risk from human pathogens compared to type 1 feedstock. Type 2 feedstocks also include digestate derived from feedstocks that include Type 2 feedstocks but does not include any type 3 or type X feedstock.


Type 3 feedstocks include dead animals, meat and source-separated mixed food waste and industrially produced non-vegetative food waste. They also include other materials the department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens compared to type 1 and 2 feedstocks. Type 3 feedstocks also include digestate derived from feedstocks that include Type 3 feedstocks but does not include any type X feedstock.


Type X feedstocks include specified risk material (SRM) from bovine animal mortality and animal by-products from slaughter that pose a risk to the environment and public health from exposure to prions that can cause Bovine Spongiform Encephalitis (BSE). This includes the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia from cattle 30 months of age and older and the distal ileum of the small intestine and the tonsils from all cattle. It also includes whole cattle from which the SRM has not been removed, cattle that are not able to walk, and cattle with symptoms that might indicate BSE disease. Type X feedstocks also include digestate that was derived from any quantity of type X feedstocks.


“Financial Assurance” means a plan for setting aside financial resources or otherwise assuring that adequate funds are available to properly close and to maintain and monitor a disposal site after the site is closed according to the requirements of a permit issued by the department.


“Floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters that are inundated by the base flood.


“Gravel Pit” means an excavation in an alluvial area from which sand or gravel has been or is being mined.


“Groundwater” means water that occurs beneath the land surface in the zone(s) of saturation.


“Hazardous Substance” means any substance defined as a hazardous substance pursuant to Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. 9601 et seq.; oil, as defined in ORS 465.200 (Definitions for ORS 465.200 to 465.545); and any substance designated by the Commission under ORS 465.400 (Rules).


“Hazardous Waste” means discarded, useless or unwanted materials or residues and other wastes that are defined as hazardous waste pursuant to ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385).


“Heat-Treated” means a process of drying or treating sewage sludge where there is an exposure of all portions of the sludge to high temperatures for a sufficient time to kill all pathogenic organisms.


“Home composting” means composting operated and controlled by the owner or person in control of a single or multiple family dwelling unit and used to compost residential food waste produced within the dwelling unit and yard debris produced on the property.


“Incinerator” means any device used for the reduction of combustible solid wastes by burning under conditions of controlled airflow and temperature.


“Industrial Solid Waste” means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under ORS Chapters 465 and 466 or under Subtitle C of the federal Resource Conservation and Recovery Act. Such waste may include, but is not limited to, waste resulting from the following processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; water treatment; and timber products manufacturing. This term does not include construction/demolition waste; municipal solid waste from manufacturing or industrial facilities such as office or “lunch room” waste; or packaging material for products delivered to the generator.


“Industrial Waste Landfill” means a landfill that receives only a specific type or combination of industrial waste.


“Inert” means containing only constituents that are biologically and chemically inactive and that, when exposed to biodegradation and/or leaching, will not adversely impact the waters of the state or public health.


“Infectious Waste” means biological waste, cultures and stocks, pathological waste, and sharps; as defined in ORS 459.386 (Definitions for ORS 459.386 to 459.405).


“Land Application Unit” means a disposal site where sludges or other solid wastes are applied onto or incorporated into the soil surface for agricultural purposes or for treatment and disposal.


“Land Disposal Site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, waste pile, pit, pond, lagoon or land application.


“Landfill” means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.


“Leachate” means liquid that has come into direct contact with solid waste and contains dissolved, miscible and/or suspended contaminants as a result of such contact.


“Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.


“Local Government Unit” means a city, county, Metropolitan Service District formed under ORS Chapter 268 (Metropolitan Service Districts), sanitary district or sanitary authority formed under ORS Chapter 450 (Sanitary Districts and Authorities), county service district formed under ORS Chapter 451 (County Service Facilities), regional air quality control authority formed under ORS 468A.100 (Definitions for ORS 468A.010 and 468A.100 to 468A.180) to 468A.130 (Advisory committee) and 468A.140 (Assumption, retention and transfer of control over classes of air contamination sources) to 468A.175 (State aid) or any other local government unit responsible for solid waste management.


“Low-Risk Disposal Site” means a disposal site which, based upon its size, site location, and waste characteristics, the department determines to be unlikely to adversely impact the waters of the State or public health.


“Material Recovery” means any process of obtaining from solid waste, by pre-segregation or otherwise, materials which still have useful physical or chemical properties and can be reused, recycled or composted for some purpose.


“Material Recovery Facility” means a solid waste management facility that separates materials for the purposes of recycling from an incoming mixed solid waste stream by using manual and/or mechanical methods, or a facility at which previously separated recyclables are collected.


“Medical Waste” means solid waste that is generated as a result of patient diagnosis, treatment, or immunization of human beings or animals.


“Mobile Disposal Site” means a disposal site facility that is intended to be moved from place to place in order to process wastes in different locations.


“Monofill” means a landfill or landfill cell into which only one type of waste may be placed.


“Municipal Solid Waste Landfill” means a discrete area of land or an excavation that receives domestic solid waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under § 257.2 of 40 CFR, Part 257. It may also receive other types of wastes such as nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, construction and demolition waste and industrial solid waste.


“Net Working Capital” means current assets minus current liabilities.


“Net Worth” means total assets minus total liabilities and is equivalent to owner’s equity.


“Pathological Waste” means biopsy materials and all human tissues, anatomical parts that emanate from surgery, obstetrical procedures, autopsy and laboratory procedures and animal carcasses exposed to pathogens in research and the bedding and other waste from such animals. “Pathological waste” does not include teeth or formaldehyde or other preservative agents.


“Permit” means a document issued by the department which by its conditions may authorize the permittee to construct, install, modify, operate or close a disposal site in accordance with specified limitations.


“Permit Action” means the issuance, modification, renewal or revocation of a permit by the department.


“Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.


“Processing of Wastes” means any technology designed to change the physical form or chemical content of solid waste including, but not limited to, baling, composting, classifying, hydropulping, incinerating and shredding.


“Public Waters” or “Waters of the State” include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.


“Putrescible Waste” means solid waste containing organic material that can be rapidly decomposed by microorganisms, and which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.


“Recycling” means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.


“Regional Disposal Site” means a disposal site that receives, or a proposed disposal site that is designed to receive more than 75,000 tons of solid waste a year from outside the immediate service area in which the disposal site is located. As used in this section, “immediate service area” means the county boundary of all counties except a county that is within the boundary of the Metropolitan Service District. For a county within the Metropolitan Service District, “immediate service area” means that Metropolitan Service District boundary.


“Release” has the meaning given in ORS 465.200 (Definitions for ORS 465.200 to 465.545)(14).


“Resource Recovery” means the process of obtaining useful material or energy from solid waste and includes energy recovery, material recovery and recycling.


“Reuse” means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.


“Salvage” means the controlled removal of reusable, recyclable or otherwise recoverable materials from solid wastes at a solid waste disposal site.


“Sensitive Aquifer” means any unconfined or semiconfined aquifer that is hydraulically connected to a water table aquifer, and where flow could occur between the aquifers due to either natural gradients or induced gradients resulting from pumpage.


“Sensitive Environment” means a sensitive environment defined in OAR 340-122-0115 (Definitions)(50) of the Hazardous Substance Remedial Action Rules.


“Septage” means the pumpings from septic tanks, cesspools, holding tanks, chemical toilets and other sewage sludges not derived at sewage treatment plants.


“Sharps” means needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes that could be broken during handling and syringes that have been removed from their original sterile containers.


“Sludge” means any solid or semi-solid waste and associated supernatant generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar characteristics and effects.


“Sole Source Aquifer” means the only available aquifer, in any given geographic area, containing potable groundwater with sufficient yields to supply domestic or municipal water wells.


“Solid Waste” means all useless or discarded putrescible and non-putrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid materials, dead animals and infectious waste. The term does not include:


Hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385);


Materials used for fertilizer, soil conditioning, humus restoration, or for other productive purposes or which are salvageable for these purposes and are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, provided the materials are used at or below agronomic application rates; or


Woody biomass that is combusted as a fuel by a facility that has obtained a permit described in ORS 468A.040 (Permits).


“Solid Waste Boundary” means the outermost perimeter (on the horizontal plane) of the solid waste at a landfill as it would exist at completion of the disposal activity.


“Source Separate” means that the person who last uses recyclable materials separates the recyclable material from solid waste.


“Tangible Net Worth” means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.


“Third Party Costs” mean the costs of hiring a third party to conduct required closure, post-closure or corrective action activities.


“Transfer Station” means a fixed or mobile facility other than a collection vehicle where solid waste is taken from a smaller collection vehicle and placed in a larger transportation unit for transport to a final disposal location.


“Treatment” means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid waste except for composting, material recovery, or energy recovery. Treatment includes but is not limited to detoxifying or remediating solid waste prior to disposal or beneficial use.


“Treatment Facility” means a facility intended for treatment of solid waste. It includes but is not limited to soil remediation facilities and rotary kilns used to treat oily sludges. It does not include composting facilities, material recovery facilities, energy recovery facilities, incinerators, or conversion technology facilities as defined in this rule.


“Underground Drinking Water Source” means an aquifer supplying or likely to supply drinking water for human consumption.


“Vector” means any insect, rodent or other animal capable of transmitting, directly or indirectly, infectious diseases to humans or from one person or animal to another.


“Vegetative” means feedstocks used for composting that are derived from plants including but not limited to: fruit and vegetable peelings or parts, grains, coffee grounds, crop residue, waxed cardboard and uncoated paper products. Vegetative material does not include oil, grease, or dairy products such as milk, mayonnaise or ice cream.


“Vermicomposting” means the controlled and managed process by which live worms convert solid waste into dark, fertile, granular excrement.


“Vermiculture” means the raising of earth worms for the purpose of collecting castings for composting or enhancement of a growing medium.


“Water Table Aquifer” means an unconfined aquifer in which the water table forms the upper boundary of the aquifer. The water table is typically below the upper boundary of the geologic strata containing the water, the pressure head in the aquifer is zero and elevation head equals the total head.


“Wellhead protection area” means the surface and subsurface area surrounding a water well, spring or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach that water well, spring, or wellfield. A public water system is a system supplying water for human consumption that has four or more service connections or supplies water to a public or commercial establishment which operates a total of at least 60 days per year, and which is used by 10 or more individuals per day.


“Wood waste” means chemically untreated wood pieces or particles generated from processes commonly used in the timber products industry. Such materials include but are not limited to sawdust, chips, shavings, stumps, bark, hog-fuel and log sort yard waste, but do not include wood pieces or particles containing or treated with chemical additives, glue resin, or chemical preservatives.


“Wood waste Landfill” means a landfill that receives primarily wood waste.


“Woody biomass” means material from trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland, farm, rangeland or wildland-urban interface environment that is the by-product of forest management, ecosystem restoration or hazardous fuel reduction treatment.


“Zone of Saturation” means a three-dimensional section of the soil or rock in which all open spaces are filled with groundwater. The thickness and extent of a saturated zone may vary seasonally or periodically in response to changes in the rate or amount of groundwater recharge, discharge or withdrawal.
Last Updated

Jun. 8, 2021

Rule 340-093-0030’s source at or​.us