OAR 340-093-0280: Case-Specific Beneficial Use Performance Criteria

The Department may approve a beneficial use of a solid waste that meets the criteria of this rule. (1) The applicant has characterized the solid waste and use sufficiently to demonstrate compliance with this rule. (2) The use is productive, including: (a) There is an identified or reasonably likely use for the material that is not speculative; (b) The use is a valuable part of a manufacturing process, an effective substitute for a valuable raw material or commercial product, or otherwise authorized by the Department and does not constitute disposal; and (c) The use is in accordance with applicable engineering standards, commercial standards, and agricultural or horticultural practices. (3) The use will not create an adverse impact to public health, safety, welfare, or the environment, including: (a) The material is not a hazardous waste under ORS 466.005; (b) Until the time a material is used according to a beneficial use determination, the material must be managed, including any storage, transportation, or processing, to prevent releases to the environment or nuisance conditions; (c) 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 the material is managed according to a beneficial use determination; (d) The use will not result in the increase of a hazardous substance in a sensitive environment; (e) The use will not create objectionable odors, dust, unsightliness, fire, or other nuisance conditions; and (f) The use must comply with applicable federal, state, and local regulations.