OAR 340-093-0170: Cleanup Materials Contaminated with Hazardous Substances

(1) Applicability: (a) For the purposes of this rule, “cleanup materials contaminated by hazardous substances” such as petroleum contaminated soils include only those materials which are not hazardous wastes as defined by ORS 466.005; (b) This rule applies to cleanup materials contaminated with hazardous substances when such materials are removed from the site of contamination for treatment and/or disposal elsewhere. It does not apply to activities governed under ORS Chapters 465 or 466. (2) Management “hierarchy.” Preferred management options for cleanup materials contaminated by hazardous substances are as follows: (a) First, use of alternative or resource recovery technologies where cross media effects are well controlled, such as thermal desorption; (b) Use of alternative technologies where cross media effects are less easily controlled, such as biological treatment of petroleum contaminated soils (bioremediation); (c) Disposal at a permitted landfill using best management practices; (d) If subsection (c) of this section is clearly impractical, or if local needs require disposal at a facility without a liner and leachate collection system, disposal at another permitted landfill pursuant to subsection (3)(d) of this rule may be authorized by the Department. (3) Landfill disposal: (a) For the purpose of this rule, best management practices shall be defined as a landfill meeting the design criteria in 40 CFR 258, Subpart D, or an alternate design approved by the Department with a bottom lining system which performs equivalent to a composite liner consisting of a 60 mil thickness geomembrane component and two feet of soil achieving a maximum saturated hydraulic conductivity of 1 x 10-6 centimeters per second; and a leachate collection and treatment system designed to maintain a leachate head of one foot or less; (b) The land and facilities used for disposal, treatment, transfer, or resource recovery of cleanup material contaminated by hazardous substances, unless that activity is otherwise regulated by the Department, shall be defined as a disposal site under ORS 459.005 and shall be subject to the requirements of OAR 340, divisions 93 through 97, including permit requirements; (c) Cleanup materials contaminated by hazardous substances may be landfilled only in solid waste landfills authorized by the Department to receive this type of material; (d) To protect groundwater, the Department may authorize an owner or operator of a landfill to receive cleanup materials contaminated by hazardous substances if the following criteria are met: (A) The landfill uses “best management practices” as defined in this rule; (B) A Special Waste Management Plan for the facility pursuant to OAR 340-094-0040(11)(b)(J) or 340-095-0020(3)(j) is approved by the Department which specifically addresses the management of the cleanup materials and requires, at a minimum, the following practices: (I) The owner or operator of the landfill maintains for the facility a copy of the analytical results of one or more representative composite samples from the contaminated materials received for disposal; (ii) The owner or operator maintains for the facility a record of the source, types, and volumes of the contaminated materials received for disposal, and reports the sources, types, and volumes received to the Department in a quarterly waste report; (iii) Petroleum-contaminated soils, whenever possible, are incorporated into the daily cover material unless such practice would increase risks to public health or the environment; and (iv) Any other requirements which the Department deter-mines are necessary to protect public health and the environment. (e) The Department may authorize an owner or operator of a landfill to receive cleanup materials contaminated by hazardous substances for disposal at a landfill which does not meet the requirements of subsection (d) of this section if: (A) The landfill accepts less than 1,000 tons or five percent of the total volume of waste received, whichever is less, per year of cleanup material contaminated by hazardous substances; or (B) The cleanup materials contain concentrations of hazardous substances which do not exceed the cleanup levels approved by the Department for the site from which the materials were removed; or (C) The Department determines that the total concentrations and the hazardous characteristics of the hazardous substances in the cleanup materials will not present a threat to public health or the environment at the disposal facility, after considering the following factors: (i) The compatibility of the contaminated materials with the volumes and characteristics of other wastes in the landfill; (ii) The adequacy of barriers to prevent release of hazardous constituents to the environment, including air, ground and surface water, soils, and direct contact; (iii) The populations or sensitive areas, such as aquifers, wetlands, or endangered species, potentially threatened by release of the hazardous substances; (iv) The demonstrated ability of the owner or operator of the facility to properly manage the wastes; (v) Relevant state and federal policies, guidelines and standards; and (vi) The availability of treatment and disposal alternatives. (4) Procedures: A landfill owner or operator who wants to receive cleanup materials contaminated with hazardous substances shall apply to the Department for Hazardous Substance Authorization, including a Special Waste Management Plan for the materials to be received.