OAR 340-096-0060
Special Rules Pertaining to Composting: Applicability


(1)

No person may construct or operate a composting facility except as provided in this rule.

(2)

All composting facilities must comply with 340-096-0070 (Special Rules Pertaining to Composting: Performance Standards): Performance Standards.

(3)

All composting facilities, except those composting facilities exempt under (3)(a) of this rule, must comply with OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening.

(a)

A facility with composting activities limited to one or more of the following is exempt from the requirements of OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening, 340-096-0090 (Special Rules Relating to Composting: Operations Plan Approval): Operations Plan Approval, 340-096-100: Registration, and 340-096-0110 (Special Rules Pertaining to Composting: Composting Permit): Composting Permit, unless the department determines the composting facility may adversely affect human health or the environment:

(A)

A composting facility composting less than 100 tons of Type 1 feedstock, Type 2 feedstock, or both during any calendar year;

(B)

A composting facility composting less than 20 tons of Type 3 feedstock during any calendar year;

(C)

A composting facility composting less than 40 tons of Type 3 feedstock in any calendar year when conducting in-vessel composting in containers designed to prohibit vector attraction and prevent nuisance and odor generation;

(D)

A composting facility that produces silage on a farm for animal feed;

(E)

A home composting facility; and

(F)

A composting facility that is being operated in conjunction with a Confined Animal Feeding Operation permitted by the Oregon Department of Agriculture that is in compliance with a composting facility management plan approved by the Oregon Department of Agriculture that meets the requirements of OAR 340-096-0090 (Special Rules Relating to Composting: Operations Plan Approval) and for which the Oregon Department of Agriculture is providing oversight under an agreement with the department. The Oregon Department of Agriculture may require that a facility that qualifies for a department exemption under this paragraph comply with OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening.

(4)

All composting facilities that are determined by the department to present more than a low risk to human health or the environment under OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening)(3)(b): Screening, except those facilities that are exempt under (3)(a) of this rule, must comply with OAR 340-096-0090 (Special Rules Relating to Composting: Operations Plan Approval): Operations Plan Approval and OAR 340-096-0110 (Special Rules Pertaining to Composting: Composting Permit): Composting Permit.

(5)

Any composting facility in operation before September 14, 2009 that submitted materials required by OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening, by March 15, 2010 may continue in operation pending a determination by the department under OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening and issuance by the department of a Registration under OAR 340-096-0100 (Special Rules Relating to Composting: Registration): Registration or a Composting Permit under OAR 340-096-0110 (Special Rules Pertaining to Composting: Composting Permit): Composting Permit. Any anaerobic digestion facility possessing a solid waste treatment facility permit on August 22, 2013 may either continue to operate under the solid waste treatment facility permit, or may apply for a composting facility permit or registration under OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening)(3)(b): Screening.

(6)

Any person proposing to begin operation of a new composting facility or to substantially modify an existing facility, where such a facility is not exempt under section (3) of this rule, must comply with OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening): Screening and provide to the department the information required by OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening)(1) at least 180 days before the facility is proposed to begin operation.

Source: Rule 340-096-0060 — Special Rules Pertaining to Composting: Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-096-0060.

340‑096‑0001
Applicability
340‑096‑0010
Special Rules Pertaining to Incineration
340‑096‑0030
Special Rules Pertaining to Sludge and Land Application Disposal Sites
340‑096‑0040
Transfer Stations and Material Recovery Facilities
340‑096‑0050
Solid Waste Treatment Facilities
340‑096‑0060
Special Rules Pertaining to Composting: Applicability
340‑096‑0070
Special Rules Pertaining to Composting: Performance Standards
340‑096‑0080
Special Rules Pertaining to Composting: Screening
340‑096‑0090
Special Rules Relating to Composting: Operations Plan Approval
340‑096‑0100
Special Rules Relating to Composting: Registration
340‑096‑0110
Special Rules Pertaining to Composting: Composting Permit
340‑096‑0120
Special Rules Pertaining to Composting: Groundwater Protection
340‑096‑0130
Special Rules Pertaining to Composting: Biogas, Liquid Digestate, and Leachate Collection Design and Management Requirements
340‑096‑0140
Special Rules Pertaining to Composting: Pathogen Reduction
340‑096‑0150
Special Rules Pertaining to Composting: Unacceptable Odors
340‑096‑0160
Special Rules Pertaining to Conversion Technology: Applicability
340‑096‑0170
Special Rules Pertaining to Conversion Technology: Performance Standards
340‑096‑0180
Special Rules Relating to Conversion Technology: Operations Plan Approval
340‑096‑0190
Special Rules Relating to Conversion Technology: Registration
340‑096‑0200
Special Rules Pertaining to Conversion Technology: Conversion Technology Permit
Last Updated

Jun. 8, 2021

Rule 340-096-0060’s source at or​.us