OAR 340-096-0001: Applicability

(1) OAR Chapter 340, Division 96 applies to energy recovery facilities and incinerators receiving solid waste delivered by the public or by a solid waste collection service, commingled recycling processing facilities, composting facilities, conversion technology facilities, sludge disposal sites, land application disposal sites, transfer stations, limited sort facilities, material recovery facilities and-, solid waste treatment facilities. Such facilities are disposal sites as defined by ORS Chapter 459 and are also subject to the requirements of ORS 459A, OAR chapter 340, division 90, division 93, division 95, including financial assurance requirements and division 97. The Department may tailor the financial assurance requirements to the nature of the facility and may exempt low risk facilities from the financial assurance requirements. For purposes of these division 96 rules, a low-risk facility is one the Department determines is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure. (2) OAR Chapter 340 Division 96 also applies to waste tire storage sites and waste tire carriers. Waste tire storage sites and waste tire carriers are both subject to financial assurance requirements. The Department will modify active permits for any waste tire storage site or waste tire carrier in operation upon the effective date of these rules and issue permits to be consistent with OAR 340, Divisions 93, 96 and 97, at no additional application fee to the permittee. The Department will modify active permits for any combined tire carrier/storage site in operation upon the effective date of these rules and issue separate waste tire carrier and waste tire storage permits. The Department will modify active permits for any beneficial use waste tire storage site in operation upon the effective date of these rules and issue waste tire storage permits.