OAR 345-050-0110: Compatibility with Federal Programs

(1) A person shall not dispose of radioactive waste or uranium mine overburden at a site unless the disposal of the type and amount of such wastes is compatible with regulatory programs of the federal government for disposal of such wastes. Regulatory programs of the federal government refers to those programs that are formally adopted as federal laws or regulations but not to statements of policy or future intent. (2) Commercial Disposal. To issue a site certificate, the Coun­cil must find that the disposal facility is designed to meet all ap­plicable federal and state standards for disposal of the type of ma­terial involved. (3) CERCLA Cleanup. If the project is a remedial action undertaken under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for hazardous substances as that term is defined in 42 USC 9601, the person responsible for cleanup shall also comply with the applicable portions of CERCLA, 42 USC 9601 et. seq.: (a) If disposal will occur off-site, the person responsible for cleanup shall transfer the waste to a facility that is in compliance with any legally applicable federal and state requirements, including but not limited to, those required by sections 3004 and 3005 of the Solid Waste Disposal Act, 42 USC 6924 and 6925, and with the Toxic Waste Disposal Act, 15 USC 260; (b) If the person responsible for cleanup proposes to construct a disposal facility in connection with an on-site cleanup of hazardous substances, the the person responsible for cleanup must comply with those portions of OAR 345 divisions 50, 92 and 95 that are legally applicable or relevant and appropriate under the circumstances of the release or threatened release except as provided in 42 USC Section 9621(d)(4).