OAR 340-104-0001: Purpose, Scope and Applicability

(1) This division establishes minimum State standards that define the acceptable management of hazardous waste. (2) A person must also consult 40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. (3)(a) The provisions of subsection (3)(b) of this rule replace the requirements of 40 C.F.R. § 264.1(d). (b) This division’s requirements apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the following extent: (A) 40 C.F.R. § 264.11 (identification number); (B) 40 C.F.R. § 264.16 (personnel training); (C) 40 C.F.R. § 264.71 (manifest system); (D) 40 C.F.R. § 264.72 (manifest discrepancies); (E) 40 C.F.R. § 264.73(a), (B)(1) and (B)(2) (operating record); (F) 40 C.F.R. § 264.75 (periodic report); and (G) 40 C.F.R. § 264.76 (unmanifested waste report). (c) When abandonment is complete, the owner or operator must submit to the Department certification by the owner or operator and by an independent registered professional engineer. The certification must state that the facility has been closed in a manner that will ensure that plugging and abandoning the well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. (4) The provisions of 40 C.F.R. § 264.1(f) are deleted. (5) In addition to the requirements of 40 C.F.R. Section 264.1(g)(8)(iii), any person covered by 40 C.F.R. Section 264.1(g)(8)(iii) must comply with the applicable requirements of OAR 340, divisions 100 to 106 and 142. (6) Persons receiving from off-site solid waste which becomes hazardous waste by virtue of federal or state statute or regulation and who treat or dispose of such waste must comply with the applicable requirements of OAR 340, divisions 100 to 106, 120, and 40 C.F.R. Parts 264 and 265 and must receive a final permit before managing the waste.