OAR 340-091-0035: Notification of Intent to Receive Out-of-State Waste and Compliance “Demonstration”

(1) A disposal site operator shall notify the Department before accepting a single shipment or the first of multiple shipments of solid waste from a source outside Oregon anticipated to exceed the following amounts of solid waste: (a) Solid waste (other than separate industrial waste) generated within any single local government unit if the site operator anticipates receiving more than 10,000 tons per year of such wastes. For purposes of this rule, petroleum-contaminated soils are considered “industrial waste”; (b) Separate industrial waste from a person other than a local government if the site operator anticipates receiving more than 75,000 tons per year of such waste. (2) For separate industrial waste received from a person other than a local government when a site operator does not originally anticipate receiving more than 75,000 tons in a calendar year: (a) The site operator shall notify the Department when the landfill has received 60,000 tons of any separate industrial waste in a calendar year. The notification shall be received by the Department within one week of when the cumulative total of that waste for the year reached 60,000 tons; (b) If a site operator later adjusts the estimated tonnage to be over 75,000 tons for any calendar year, the site operator shall notify the Department as soon as the permittee receives information that that threshold is likely to be exceeded. The site operator shall in any case notify the Department before the cumulative amount of the separate industrial waste received by the site first exceeds 75,000 tons in any calendar year. (3) The notification required by sections (1) and (2) of this rule shall: (a) Be in writing. Facsimile transmittal is acceptable if it is addressed to a person designated by the Department; (b) Be received by the Department before the first shipment of solid waste from that source is received at the disposal site, except as provided in section (2) of this rule. Receipt of the notification by the Department on the day the waste is first received is acceptable; (c) Contain the following information: (A) Name and address of the disposal site; (B) Name and telephone number of the contact person at the disposal site; (C) Name and address of, or identifying number and city or county and state of origin of, the generator of the solid waste; (D) If the generator is not a local government unit, the name of the person responsible for solid waste management in the area from which the solid waste originates; (E) Type and description of waste; (F) Anticipated annual tonnage to be received of each type of waste; (G) Expected date on which the first shipment of waste will be received. For waste subject to subsection (2)(a) of this rule, this date need not be provided. For waste subject to subsection (2)(b) of this rule, the date when waste was first received at the site shall be given; (H) Any other information required by the Department relative to approval of a waste reduction program. (4) Within two years of the date when waste subject to the notification requirements in subsection (1)(b) or (2)(b) of this rule is first received at a site, the site operator shall submit information to the Department to demonstrate that a waste reduction program is being implemented pursuant to ORS 459.055(3) and OAR 340-091-0070 for persons from whom more than 75,000 tons of solid waste are anticipated to be received annually. (5) The site operator shall be responsible for tracking the two-year time period within which information must be submitted to the Department to demonstrate compliance with section (4) of this rule. The “date when waste is first received at the site” shall apply to the first calendar year in which the waste received exceeds the 75,000-ton threshold, and shall be the date in that year when the first shipment of the subject waste is received by the disposal site. (6) Reporting. A site operator shall report to the Department in the site’s quarterly operations report, as follows: (a) For out-of-state waste received from a person for the first time after September 9, 1995 and subject to the demonstration in section (4) of this rule: (A) The person and/or urbanized area from which the waste originates, and its tonnage for the reporting period. For separate industrial wastes an identification number and state of origin may be used for identification purposes; and (B) The date when the waste is first received at the site from each affected person. This requirement shall not apply after the Department has approved the waste reduction program. (b) If a site receives separate industrial waste or other special waste in amounts which are anticipated to be less that 75,000 tons a year from a person or persons located outside of Oregon: the total tonnage, by state of origin, of such waste received during the reporting period, beginning with the July–September 1996 quarter.