OAR 340-096-0120
Special Rules Pertaining to Composting: Groundwater Protection
(1)
All composting facilities using or proposing to use infiltration in soil as a method for managing leachate, liquid digestate, or stormwater must comply with this rule.(2)
Methods of soil infiltration that are subject to this rule include, but are not limited to:(a)
Conducting any composting operations, including grinding, chipping, storing feedstocks, or composting feedstocks on surfaces that do not meet the requirements of OAR 340-096-0130 (Special Rules Pertaining to Composting: Biogas, Liquid Digestate, and Leachate Collection Design and Management Requirements): Leachate Collection Design and Management Requirements;(b)
Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to filter strips, bioswales, or other similar features; and(c)
Discharging any liquids from the composting facility, including leachate, liquid digestate, or stormwater, to fields, pastures, cropland, or ditches.(3)
All composting facilities subject to this rule must provide to the department the information described in OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening)(1) and (2), and any other information required by the department to evaluate to proposed use of infiltration in soil.(4)
The department will evaluate the proposed infiltration methods to determine whether the proposed infiltration may cause likely adverse impacts to groundwater under OAR 340 Division 40.(5)
The department may approve, disapprove, restrict, require modifications to, and attach conditions to proposed infiltration methods and procedures. When approved by the department, the proposed infiltration methods and procedures, and any limitations, restrictions, and conditions required by the department as part of its approval, must be incorporated into the facility Operations Plan under OAR 340-096-0090 (Special Rules Relating to Composting: Operations Plan Approval). For “low risk” facilities exempt from OAR 340-096-0090 (Special Rules Relating to Composting: Operations Plan Approval) under 340-096-0080 (Special Rules Pertaining to Composting: Screening)(3)(a), any limitations, restrictions, and conditions required by the department will be incorporated into the facility Conditions of Approval under OAR 340-096-0100 (Special Rules Relating to Composting: Registration).(6)
As part of its approval under this rule, the department may require the facility to conduct groundwater sampling and monitoring, and submit analytical results to the department.(7)
The department may prohibit the use of infiltration to soil as a method for managing leachate, liquid digestate, or stormwater, for some or all actions, in some or all areas of a composting facility, if based on the factors in OAR 340-096-0080 (Special Rules Pertaining to Composting: Screening) and any other information available to the department, the department determines that infiltration at a facility is likely to cause an adverse impact to groundwater under OAR 340 Division 40. The department may require the facility to conduct operations on protective surfaces to prevent such impacts. Any such protective surface must comply with OAR 340-096-0130 (Special Rules Pertaining to Composting: Biogas, Liquid Digestate, and Leachate Collection Design and Management Requirements)(8).(8)
Any infiltration method that is an Underground Injection Control, as defined in OAR chapter 340, division 44, must comply with that Division.
Source:
Rule 340-096-0120 — Special Rules Pertaining to Composting: Groundwater Protection, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-096-0120.