OAR 340-120-0020: Community Participation

(1) The Commission finds that local community participation is important in the siting and in reviewing the design, construction and operation of hazardous waste and PCB treatment and disposal facilities. (2) To encourage local participation in the siting of a proposed facility described in OAR 340-120-0001(2), the Director shall appoint and utilize a committee comprised at least partly of residents living near to, or along transportation routes to, the facility site. The committee shall be appointed as soon as feasible after the Department receives an Authorization to Proceed request. At least one half of the appointments shall be from a list of nominees submitted by the local government with land-use jurisdiction. The Director shall appoint the chairperson of the committee. (3) The Director may appoint a committee to review a proposed facility described in OAR 340-120-0001(4). (4) The Director may continue a committee authorized in sections (2) and (3) of this rule or appoint a new committee to review the operation of a facility once it is located and constructed. COMMENT: The committee shall provide a forum for citizen comments, questions and concerns about the site and facility and promote a dialogue between the community of the proposed facility and the company interested in siting the facility. The committee shall prepare a written report summarizing local citizen concerns and the manner in which the company is addressing these concerns. The report shall be considered by the Department and Commission and local government during the consideration of the proposed facility. (5) The Department recommends that the local government and applicant consider negotiating an agreement appropriate for the proposed facility’s potential local impact. The agreement might consider these and other issues: (a) Training and equipping local fire, police and health department personnel to respond to accidents, spills and other emergencies; (b) Special monitoring both on and off-site for worker and community health status; (c) Road improvements and maintenance to assure safe transportation of waste to the site; (d) Possible changes in property values near the site due to the proposed facility; (e) A plan to resolve conflicts or disagreements that might develop between the facility operator and the community. (6) When issuing a treatment or disposal permit pursuant to divisions 105, 106 and 110 of this Chapter, the Department, or as applicable, the Commission, may impose requirements addressing the issues described in section (5) of this rule or other similar issues to protect the public health and safety and the environment.