OAR 340-096-0050: Solid Waste Treatment Facilities

(1) Applicability. This rule applies to all solid waste treatment facilities. Such facilities are disposal sites as defined by ORS Chapter 459, and are also subject to the requirements of OAR 340, divisions 93, 95, and 97 as applicable. (2) Plans and Specifications. Plans and specifications for a solid waste treatment facility must include, but not be limited to, the location and physical features of the facility such as contours, surface drainage control, access and on-site roads, traffic routing, landscaping, weigh stations, fences and specifications for solid waste handling equipment, truck and area washing facilities and wash water disposal, and water supply and sanitary waste disposal. (3) Air Quality. A permittee must ensure that all solid waste treatment facilities comply with air pollution control rules and regulations and emission standards of this Department or the regional air pollution control authority having jurisdiction. (4) Bioremediation Facilities. Facilities that propose to biologically treat petroleum contaminated soil must design the operation to prevent contamination of the area and minimize the possibility of contaminants leaching to groundwater. Such facilities must in general comply with regulations in OAR chapter 340, division 95, "Land Disposal Sites Other Than Municipal Solid Waste Landfills," for location restrictions, operating criteria and design criteria. The following requirements also apply: (a) To prevent leaching, design criteria must include either: (A) A landfill-type liner with a leachate removal system. A concrete slab is not considered a liner. An applicant must demonstrate that the proposed liner is compatible with the waste; or (B) A vadose zone monitoring system, pursuant to 40 CFR 264, Subpart M. (b) Groundwater. The department may require groundwater monitoring depending on the facility's cover, run-on controls and irrigation; (c) Operating criteria: (A) Each permittee must ensure that surface runoff and leachate seeps are controlled so as to minimize discharges of pollutants into public waters; (B) The permittee must ensure that the facility is operated in a manner such that the liner is not damaged; (C) The permittee must provide a monitoring plan to demonstrate completion of the biodegradation process. (d) Financial assurance. An application for a bioremediation solid waste treatment facility must include a financial assurance plan sufficient to cover costs for a third party to remove the waste to a thermal desorption facility if it is deemed necessary by the department. (5) Records. The department may require such records and reports as it considers are reasonably necessary to ensure compliance with conditions of a permit or OAR chapter 340, divisions 93 through 97. All records must be kept for a minimum of five years. In the case of a change in ownership of the permitted facility, the new permittee is responsible for ensuring that the records are transferred from the previous permittee and maintained for the required five years.