OAR 340-120-0005: Permitting Procedure

(1) A three step permitting procedure is required for facilities listed in OAR 340-120-0001(2). The three steps are: (a) Submit a request for and obtain an Authorization to Proceed from the Department; (b) Submit a request for and obtain a Land Use Compatibility Statement from the local government with land use jurisdiction or as applicable, from the Department; and (c) Submit a complete application for and obtain a treatment or disposal permit pursuant to divisions 105, 106 and 110 of this chapter from the Department, or as applicable, from the Commission. (2) An initial period is established during which the Department shall accept requests for an Authorization to Proceed. The initial period begins May 15, 1986 and ends January 1, 1987. The Department shall wait until at least the end of the initial period before approving or denying any of the requests. (3) Requests for an Authorization to Proceed received by the Department after January 1, 1987 must include information to allow the Commission to find there is a need for a new facility. The Department cannot approve an Authorization to Proceed request received after January 1, 1987 until the Commission makes this finding. (4) Each request for an Authorization to Proceed will be reviewed for completeness by the Department within 90 days of its receipt. If an applicant fails to correct deficiencies within 90 days of written notice from the Department, the Department may deny the request. (5) After obtaining an Authorization to Proceed and a Land Use Compatibility Statement, an applicant may apply for a hazardous waste or PCB treatment or disposal permit pursuant to divisions 105, 106 and 110 of this chapter. (6) To retain an Authorization to Proceed, an applicant shall: (a) Submit a request to the appropriate planning jurisdiction for the Land Use compatibility Statement within 90 days of issuance of the Authorization to Proceed; (b) Submit an application for a treatment or disposal permit to the Department within 6 months of issuance of the Land Use Compatibility Statement. (7) If the Department or Commission denies the permit, the Authorization to Proceed is revoked. (8) The owner of an existing facility with an effective permit must reapply according to the provisions of OAR 340-105-0010(4) before the expiration of the existing permit. Upon reapplication: (a) The applicant of a facility described in OAR 340-120-0001(2) shall demonstrate the criteria of 340-120-0010(2)(a)(A), (b)(B), (b)(C), (c), (e), (g) and (h) and 340-120-0025 are being met. (b) The applicant of a facility described in OAR 340-120-0001(4) shall demonstrate that the Property Line Setback criterion of OAR 340-120-0010(2)(e) is being met. (9) The Property Line Setback criterion of OAR 340-120-0010(2)(e) shall apply to the existing Chem-Security Systems, Inc., hazardous waste and PCB disposal facility eight years from the effective date of this rule. COMMENT: Section 9 of this rule does not pertain to or determine the duration of any permit issued by the Commission to Chem-Security in response to the application for a permit pending before the Commission on the effective date of this rule.