OAR 340-093-0050: Permit Required

(1) Except as provided by OAR 340-093-0050(5), no person may establish, operate, maintain or substantially alter, expand, improve or close a disposal site or waste tire storage site, and no person may change the method or type of disposal at a disposal site or waste tire storage site, until the person owning or controlling the disposal site or waste tire storage 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 through 340-096-0150: "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"; (f) Transfer stations and Material Recovery Facilities must comply with OAR 340-096-0040 "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"; and (h) Conversion technology facilities must comply with OAR 340-096-0160 to 340-096-0200 “Conversion Technology Facilities.” (i) Commingled recycling processing facilities must comply with OAR 340-096-0300 “Commingled Recycling Processing Facilities.” (j) Limited sort facilities must comply with requirements in OAR 340-096-0300 “Commingled recycling processing facility,” except for 340-096-0300(3)(a) capture rates. (3) Waste tire storage sites must comply with OAR 340-096-0210 through 340-096-0240. (4) Waste tire carriers must comply with OAR 340-096-0260 through 340-096-0290. (5) 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 to 466.385 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 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.] (d) A site or facility that conducts solid waste operations or activities that are limited to one or more of the following, excluding a commingled recycling processing facility, a limited sort facility, a recycling reload facility, a commingled recycling reload facility or 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; (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. (6) The Department may, in accordance with a specific permit containing a compliance schedule, grant reasonable time for solid waste disposal or waste tire storage sites or waste tire carriers to comply with OAR chapter 340, divisions 93 through 97. (7) If it is determined by the Department that a proposed or existing disposal site or waste tire storage 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, 340-093-0130, 340-093-0140, 340-093-0150, 340-094-0060(2) and 340-095-0030(2) and issue a letter authorization in accordance with OAR 340-093-0060. (8) Each person who is required by OAR 340-093-0050 (1) through (4) and (7) 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, 459.272 and 459.760. (9) Failure to conduct solid waste disposal or waste tire storage or waste tire carrier requirements 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.