Oregon Department of Environmental Quality

Rule Rule 340-093-0050
Permit Required


(1)

Except as provided by section (3) of this rule, no person may establish, operate, maintain or substantially alter, expand, improve or close a disposal site, and no person may change the method or type of disposal at a disposal site, until the person owning or controlling the disposal site obtains a permit therefore from the department.

(2)

Persons owning or controlling the following classes of disposal sites must comply with the requirements in the following rules:

(a)

Municipal solid waste landfills must comply with OAR 340, division 94 “Municipal Solid Waste Landfills”;

(b)

Industrial Solid Waste Landfills, Construction and Demolition Landfills, Wood Waste Landfills and other facilities not listed in OAR 340, division 96 must comply with OAR 340, division 95 “Land Disposal Sites Other Than Municipal Solid Waste Landfills”;

(c)

Energy recovery facilities and incinerators receiving domestic solid waste must comply with OAR 340, division 96 “Special Rules Pertaining to Incineration”;

(d)

Composting facilities must comply with OAR 340-096-0060 (Special Rules Pertaining to Composting: Applicability) through 340-096-0150 (Special Rules Pertaining to Composting: Unacceptable Odors): “Special Rules Pertaining to Composting.”

(e)

Land used for deposit, spreading, lagooning or disposal of sewage sludge, septage and other sludges must comply with OAR 340-096-0030 (Special Rules Pertaining to Sludge and Land Application Disposal Sites) “Special Rules Pertaining to Sludge and Land Application Disposal Sites”;

(f)

Transfer stations and Material Recovery Facilities must comply with OAR 340-096-0040 (Transfer Stations and Material Recovery Facilities) “Transfer Stations and Material Recovery Facilities”;

(g)

Petroleum contaminated soil remediation facilities and all other solid waste treatment facilities must comply with OAR 340-096-0050 (Solid Waste Treatment Facilities) “Solid Waste Treatment Facilities”; and

(h)

Conversion technology facilities must comply with OAR 340-096-0160 (Special Rules Pertaining to Conversion Technology: Applicability) to 340-096-0200 (Special Rules Pertaining to Conversion Technology: Conversion Technology Permit) “Conversion Technology Facilities.”

(3)

Persons owning or controlling the following classes of disposal sites are specifically exempted from the above requirements to obtain a permit under OAR chapter 340, divisions 93 through 97, but must comply with all other provisions of OAR chapter 340, divisions 93 through 97 and other applicable laws, rules, and regulations regarding solid waste disposal:

(a)

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;

(b)

Disposal sites, facilities or disposal operations operated under a permit issued under ORS 468B.050 (Water quality permit) if all applicable requirements in OAR chapter 340, divisions 93 through 97 have been met;

(c)

A land disposal site used exclusively for the disposal of clean fill, unless the materials have been contaminated such that the department determines that their nature, amount or location may create an adverse impact on groundwater, surface water or public health or safety;
NOTE: Such a landfill may require a permit from the Oregon Division of State Lands. A person wishing to obtain a permit exemption for an inert waste not specifically mentioned in this subsection may submit a request to the department with such information as the department may require to evaluate the request for exemption, under OAR 340-093-0080 (Variances and Permit Exemptions).

(d)

A site or facility that conducts solid waste operations or activities that are limited to one or more of the following, excluding a site or facility where the department determines that the nature, amount or location of the materials or operations may constitute a potential threat of adverse impact on the environment or public health:

(A)

Using any amount of sewage sludge or biosolids under a valid water quality permit issued under ORS 468B.050 (Water quality permit);

(B)

Receiving source separated materials for purposes of material recovery;

(C)

Receiving , storing, processing or grinding wood, including painted wood, from construction and demolition and other activities to make a combustion fuel, when that fuel is to be burned at a facility that is in compliance with air quality rules;

(D)

Receiving and processing for recycling metal, cardboard, and other non-hazardous materials that have been separated from solid waste at material recovery facilities;

(E)

Receiving or processing plastics to make a feedstock for a conversion technology facility, except the following plastics:

(i)

Plastics that have viable recycling markets and are acceptable in most Oregon curbside recycling collection programs, or

(ii)

Clean polyolefin film plastics acceptable in commercial recycling programs;

(F)

Receiving and storing used oil for transfer to another facility for processing. The facility must accept and store used oil in compliance with state and federal used oil regulations;

(G)

Combusting fuels made in part from tire chips or wood, including painted wood, when burned for energy recovery in compliance with air quality rules;

(H)

Transferring a container, including but not limited to a shipping container, or other vehicle holding solid waste from one mode of transportation to another (such as barge to truck); if:

(i)

The container or vehicle is not available for direct use by the general public;

(ii)

The waste is not removed from the original container or vehicle; and

(iii)

The original container or vehicle does not stay in one location longer than 72 hours, unless otherwise authorized by the department.

(4)

The department may, in accordance with a specific permit containing a compliance schedule, grant reasonable time for solid waste disposal sites or facilities to comply with OAR chapter 340, divisions 93 through 97.

(5)

If it is determined by the department that a proposed or existing disposal site is not likely to create a public nuisance, health hazard, air or water pollution or other environmental problem, the department may waive any or all requirements of OAR 340-093-0070 (Applications for Permits), 340-093-0130 (Site Characterization Report(s)), 340-093-0140 (Detailed Plans and Specifications Required), 340-093-0150 (Construction Certification), 340-094-0060 (Design Criteria)(2) and 340-095-0030 (Design Criteria)(2) and issue a letter authorization in accordance with OAR 340-093-0060 (Letter Authorizations).

(6)

Each person who is required by sections (1) and (5) of this rule to obtain a permit must:

(a)

Make prompt application to the department therefore;

(b)

Fulfill each and every term and condition of any permit issued by the department to such person;

(c)

Comply with OAR chapter 340, divisions 93 through 97;

(d)

Comply with the department’s requirements for recording, reporting, monitoring, entry, inspection, and sampling, and make no false statements, representations, or certifications in any form, notice, report, or document required thereby; and

(e)

Allow the department or an authorized governmental agency to enter the property under permit at reasonable times to inspect and monitor the site and records as authorized by ORS 459.385 (Entry upon private premises authorized) and 459.272 (Evidence of financial assurance for land disposal site).

(7)

Failure to conduct solid waste disposal according to the conditions, limitations, or terms of a permit or OAR chapter 340, divisions 93 through 97, or failure to obtain a permit is a violation of OAR chapter 340, divisions 93 through 97 and may be cause for the assessment of civil penalties for each violation as provided in OAR chapter 340, division 12 or for any other enforcement action provided by law. Each and every day that a violation occurs is considered a separate violation and may be the subject of separate penalties.
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Last accessed
Jun. 8, 2021