OAR 340-093-0080: Variances and Permit Exemptions

(1) Variances. The Commission may by specific written variance waive certain requirements of OAR 340, divisions 93 through 97 when circumstances of the solid waste disposal or waste tire storage site location or waste tire carriers, operating procedures, and/or other conditions indicate that the purpose and intent of OAR 340, divisions 93 through 97 can be achieved without strict adherence to all of the requirements. (2) Permit exemptions. Pursuant to OAR 340-093-0050(5), a person wishing to obtain an exemption from the requirement to obtain a solid waste permit for disposal of an inert waste in specified locations may submit a request to the Department. The applicant must demonstrate that the waste is substantially the same as “clean fill.” The request shall include but not be limited to the following information: (a) The exact location (including a map) at which the waste is to be disposed of and a description of the surrounding area; (b) The monthly rate of disposal; (c) A copy of the Material Safety Data Sheet (or equivalent, if a MSDS is not available) for all applicable raw materials used at the facility generating the waste; (d) A description of the process generating the waste and how that process fits into the overall operation of the facility; (e) Documentation that the waste is not hazardous as defined in OAR 340, division 101. The procedure for making a hazardous waste determination is in OAR 340-102-0011; (f) A demonstration that the waste is inert, stable, non-putrescible, and physically similar to soil, rock, concrete, brick, building block, tile, or asphalt paving; (g) A demonstration that the waste will not discharge constituents which would adversely impact the waters of the state or public health.