OAR 340-093-0060: Letter Authorizations

Pursuant to OAR 340-093-0050(7), the Department may authorize the short-term operation of a disposal site by issuing a permit called “letter authorization” subject to the following: (1) A letter authorization may be issued only on the basis of a complete written application which has been approved by the Department. Applications for letter authorizations shall be complete only if they contain the following items: (a) The quantity and types of material to be disposed; (b) A discussion of the need and justification for the proposed project; (c) The expected amount of time which will be required to complete the project; (d) The methods proposed to be used to insure safe and proper disposal of solid waste; (e) The location of the proposed disposal site; (f) A statement of approval from the property owner or person in control of the property, if other than the applicant; (g) Written verification from the local planning department that the proposal is compatible with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission’s Statewide Planning Goals; (h) Any other relevant information which the Department may require. (2) Upon receipt of a complete written application the Department may approve the application if it is satisfied that: (a) The applicant has demonstrated sufficient need and justification for the proposal; (b) The proposed project is not likely to cause a public nuisance, health hazard, air or water pollution or other environmental problem. (3) The Department may revoke or suspend a letter authorization on any of the following grounds: (a) A material misrepresentation or false statement in the application; (b) Any relevant violation of any statute, rule, order, permit, ordinance, judgment or decree. (4) The Department may issue letter authorizations for periods not to exceed six months. If circumstances have prevented the holder of a letter authorization from completing the action allowed under the letter authorization, he or she may request a one-time six-month renewal from the Department. Further renewals are not allowed. A letter authorization shall not be used for any disposal actions requiring longer than a total of one year to complete; such actions are subject to a regular solid waste land disposal permit.