OAR 340-093-0270: Standing Beneficial Use Determinations

A person may manage solid waste according to a standing beneficial use determination listed in section (5) without contacting the Department’s Solid Waste Program for approval if the person complies with the requirements of this rule. (1) A person managing solid waste as a standing beneficial use must: (a) Manage the material until the time it is used for its approved beneficial use, including any storage, transportation, or processing, so as to prevent releases to the environment or nuisance conditions; (b) Use the material consistent with applicable engineering standards, commercial standards, and agricultural or horticultural practices; (c) Ensure that hazardous substances in the material meet one of the criteria in this subsection, (A) Do not significantly exceed the concentration in a comparable raw material or commercial product, ( B ) Do not exceed naturally occurring background concentrations, or (C) Will not exceed acceptable risk levels, including evaluation of persistence and potential bioaccumulation, when managed according to a beneficial use determination; (d) Ensure the use does not result in the increase of a hazardous substance in a sensitive environment; and (e) Use the material in compliance with applicable federal, state, and local regulations. (2) A person who supplies a solid waste to another person for a beneficial use must provide information to the recipient of the material through written documentation, labeling, or other means that identifies the: (a) Type of material; (b) Type and concentration of hazardous substances if known; (c) Approved beneficial uses; and (d) Any conditions that apply under this rule. (3) At the request of the Department, a person managing a solid waste according to a standing beneficial use determination must provide information sufficient to demonstrate the material and use comply with this rule. (4) A person beneficially using a solid waste must submit a report to the Department for any material managed within a calendar year for those solid wastes listed in section (5), subsections (c), (d), (f), and (g), which involve the direct land application of solid wastes that contain hazardous substances exceeding clean fill criteria. Reports must include: material characterization, the type and concentration of hazardous substances, the beneficial use, volume used, and location of land application. (5) Standing beneficial use determinations: [NOTE: View table by clicking on link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]