OAR 340-113-0040: Standards for Off-Site Collection Sites

(1) Applicability. (a) In addition to the applicable provisions of 40 CFR 273, Subparts B and C, and OAR 340-113-0030, the standards of this section apply to owners and operators of Off-site Collection Sites as defined in OAR 340-113-0020(4), accumulating more than 1,000 kilograms of universal waste at any one time. (b) The requirements of this section do not apply to persons who collect, store or transport universal waste batteries described in Public Law 104-142 Section 3(5)(C), Title II of the law, or used rechargeable consumer products containing rechargeable batteries that are not easily removable. (2) Notification. (a) Pesticide collection programs are not subject to notification requirements in 40 CFR 273.32 and 340-113-0040(2)(b), but instead must comply with requirements of OAR 340-113-0070. (b) Owners or operators of Off-site Collection Sites accumulating more than 1,000 kilograms of non-pesticide universal waste at any time must: (A) Follow 40 CFR 273.32 (notification requirements for large quantity handlers) with the following exception: The notification requirement of 40 CFR 273.32(b)(5) is replaced with (B)(v) below. (B) Off-site handlers must include at a minimum the following with their notification: (i) Schedule of collection activity (i.e., daily, monthly, etc.); (ii) An explanation of how the collection site will meet the applicable requirements for off-site handlers accumulating more than 1,000 kilograms of universal waste; (iii) Names and addresses of all Off-site Collection Sites that will manage the universal wastes prior to shipment to a destination facility; (iv) Names and addresses of destination facilities that have agreed to accept the universal wastes collected by the off-site handler; (v) Maximum quantity of universal waste by type that will be accumulated at the collection site; (vi) Any additional information requested by the Department; and (vii) Certification statement that the information submitted to the Department is correct and the Off-site Collection Site is operating in compliance with the universal waste rule. (c) Once the notification information has been submitted to the Department, a letter will be sent to the off-site handler acknowledging the receipt of the completed notification form. (3) Accumulation time limits. (a) For Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste, the provisions in 40 CFR 273.15(a) and (b) and 273.35(a) and (b) are deleted and replaced with Section (3)(b) of this rule. (b) Off-site Collection Sites may accumulate universal waste for no more than six months from the date the waste was first shipped to the first Off-site Collection Site, unless the handler has received written approval from the Department extending the accumulation time. (Note: Extensions may be granted if the handler can demonstrate that additional time is needed to facilitate proper recovery, treatment or disposal of the waste.) (4) Tracking universal waste shipments. (a) Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste, must follow the tracking requirements in 40 CFR 273.39 with the following exception: Off-site Collection Sites accumulating more than 1,000 kilograms, but not more than 5,000 kilograms of universal waste at any time, are not required to record the name and address of the originating universal waste handler (generator). (b) In addition to the provisions in 40 CFR 273.39(a) an Off-site Collection Site accumulating more than 1,000 kilograms of universal waste must also record the date the universal waste was received by the initial off-site handler. (5) Reporting. Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste at any time shall report to the Department by March 1 of each year, on forms provided by the Department. At a minimum, the following information shall be submitted for the previous calendar year: (a) The DEQ identification number, name and address of the universal waste handler; (b) Total quantity of each type of universal waste received; and (c) Locations of universal waste handlers and destination facilities waste was shipped to.