Or. Admin. Code § 340-093-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-093-0070 - Applications for Permits

(1) Any person wishing to obtain a new, modified, or renewal permit from the Department must submit a written application on a form provided by the Department. The Department must receive renewal applications at least 180 days before a permit is needed. All other applications must be received 60 days before a permit is needed. All application forms must be completed in full, signed by the applicant or the applicant's legally authorized representative, and accompanied by the specified number of copies of all required exhibits. The name of the applicant must be the legal name of the owner of the facility or waste tire carrier or the owner's agent or the lessee responsible for the operation and maintenance of the facility or waste tire carrier.

(2) The Department will accept applications for a permit only when complete, as detailed in OAR 340-093-0070 (3). Within 45 days after receipt of an application, the Department will conduct a preliminary review of the application to determine the adequacy of the information submitted. Failure to complete this review within 45 days does not preclude the Department from later requesting further information from the applicant as provided in this section.

(a) If the Department determines that additional information is needed it will promptly request the needed information from the applicant. The application will be considered to be withdrawn if the applicant fails to submit the requested information within 90 days of the request or such other time as the Department establishes in writing.

(b) If additional measures are necessary to gather facts regarding the application, the Department will notify the applicant that such measures will be instituted, and the timetable and procedures to be followed. The application will be considered to be withdrawn if the applicant fails to comply with these additional measures.

(3) An application for a new disposal site, waste tire storage or waste tire carrier permit is complete only if it:

(a) Is submitted on forms provided by the department, is accompanied by all required exhibits, follows the organizational format and includes the level of informational detail required by the Department, and is signed by the applicant and property owner or person in control of the premises;

(b) Except for mobile disposal sites and waste tire carriers, includes written recommendations of the local government unit or units having jurisdiction with respect to a new or existing disposal site or waste tire storage site, or alterations, expansions, improvements or changes in method or type of disposal at a new or existing disposal site or waste tire storage site. Such recommendations must include, but not be limited to, a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission's Statewide Planning Goals;

(c) Identifies in list form, any other known or anticipated permits from the Department or other governmental agencies;

(d) Includes payment of application fees as required by OAR 340-097-0110 and 340-097-0120;

(e) Except for composting facilities, mobile disposal sites, waste tire carriers and facilities exempt under OAR 340-093-0070(4), includes a site characterization report prepared in accordance with OAR 340-093-0130, to establish a new disposal site or waste tire storage site or to substantially alter, expand or improve a disposal site or waste tire storage site or to make a change in the method or type of disposal at a disposal site or waste tire storage site, unless the requirements of said site characterization report have been met by other prior submittals;

(f) Except for composting facilities, waste tire carriers and facilities exempt under OAR 340-093-0070 (4), includes detailed plans and specifications as required by OAR 340-093-0140;

(g) For a new land disposal site:

(A) Includes a written closure plan that describes the steps necessary to close all land disposal units at any point during their active life under OAR 340-094-0110 to 340-094-0120 or 340-095-0050 to 340-095-0060; and

(B) Provides evidence of financial assurance for the costs of closure of the land disposal site and for post-closure maintenance of the land disposal site under OAR 340-094-0140 or 340-095-0090, unless the department exempts a non-municipal land disposal site from this requirement under OAR 340-095-0090(2).

(h) For a new conversion technology facility:

(A) A description of the technology to be used at the facility including the types, sources, and amounts of feedstocks to be processed, the processing methods, the materials produced by the technology, the amounts of each product, the expected uses of the products, the types of materials that the products of the conversion technology facility are intended to replace, and how feedstocks, products, and other materials will be stored;

(B) A description of wastes expected to be produced by the facility including amounts, biological, chemical and physical analyses, waste storage and disposition of wastes;

(C) A description of leachate, stormwater, and process water expected to be produced at the facility, including information on the biological, chemical and physical characterization of process water and leachate and the management of leachate, stormwater, and process water;

(D) A description of flammable gases and liquids and also hazardous wastes expected to be produced by the facility, and how those materials will be managed; and

(E) The methods that will be used to minimize or exclude from feedstocks any materials that are detrimental to the conversion technology process or resultant products.

(i) For any type of mobile disposal site, includes an acknowledgement that before the mobile disposal site establishes operation in a new location, the local government unit or units having jurisdiction must provide a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission's Statewide Planning Goals.

(j) For a new waste tire storage site:

(A) Address the requirements of ORS 459.730;

(B) Provide information required in OAR 340-096-0220 for the Department to determine the amount of financial assurance required in order to issue a waste tire storage permit.

(C) Site design and operations plans, which include:

(i) Anticipated maximum number of passenger and/or truck tires and/or tire-derived materials to be stored at the site for any given one year period;

(ii) Present and proposed method of disposal, and timetable;

(iii) How the facility will meet the technical tire storage standards in OAR 340-096-0230 for both tires and tire-derived materials currently stored on the site, and tires and tire-derived materials to be accepted;

(iv) Practices to reduce vector attraction and minimize nuisance conditions; and

(v) Procedures and timeline for site closure, including any phase-in of closure, removal of equipment and materials used to operate and maintain the site, removal and proper disposal of all waste tires and tire-derived materials from the site.

(k) Includes any other information the department may deem necessary to determine whether the proposed disposal site, waste tire storage site or waste tire carrier and the operation thereof will comply with all applicable rules of the department.

(4) If the department determines that a disposal site is a "low-risk disposal site" or is not likely to adversely impact the waters of the State or public health, the department may waive any of the requirements of OAR 340-093-0070 (3)(e) and (f), OAR 340-093-0150, 340-094-0060(2) and 340-095-0030(2). In making this judgment, the department may consider the size and location of the disposal site, the volume and types of waste received and any other relevant factor. The applicant must submit any information the department deems necessary to determine that the proposed disposal site and site operation will comply with all pertinent rules of the department.

(5) If a local public hearing regarding a proposed disposal site, waste tire storage site or waste tire carrier has not been held and if, in the judgment of the department, there is sufficient public concern regarding the proposed disposal site, waste tire storage site or waste tire carrier, the department may, as a condition of receiving and acting upon an application, require that such a hearing be held by the county board of commissioners or county court or other local government agency responsible for solid waste management, for the purpose of informing and receiving information from the public.

(6) Permit modifications:

(a) An application for a permit modification is required for:

(A) The sale or exchange of the activity or facility; or

(B) Any change in the nature of the activities or operations from those of the last application including modification or expansion of the disposal site or waste tire storage site, a change in the method or type of disposal or significant change in waste tire carrier activities.

(b) An application for a permit modification is complete only if it:

(A) Is submitted on forms provided by the department, follows the organizational format and includes the level of informational detail required by the department, and is signed by the applicant and property owner or person in control of the premises;

(B) Includes information showing the reasons for the permit modification and any information needed to document or explain the modification requested; and

(C) Includes updated information required to be submitted for new permits in OAR 340-093-0070 (3), if required by the Department. If the modification involves a substantial change in the scope or operations of the disposal site, waste tire storage site or waste tire carrier, the application must also include written recommendations from the local government unit as required for new permits under OAR 340-093-0070 (3)(b).

(7) Permit renewals:

(a) An application for a permit renewal is required if a permittee intends to continue operation beyond the permitted period. A complete renewal application must be filed at least 180 days before the existing permit expires. An application for a permit renewal is complete only if it is submitted on forms provided by the department, follows the organizational format and includes the level of informational detail required by the department, and is signed by the applicant and property owner or person in control of the premises.

(b) If the application for renewal involves a substantial change in the scope or operations of the disposal site or waste tire storage site, the application must also include written recommendations from the local government unit as required for new permits under OAR 340-093-0070 (3)(b). The department may also require the submittal of updates of the information required to be submitted for new permits in section OAR 340-093-0070 (3).

(c) If a completed application for the renewal of a permit is filed with the department in a timely manner before the expiration date of the permit, the permit does not expire until the department takes final action on the renewal application.

(d) If a completed application for the renewal of a permit is not filed with the department in a timely manner before the expiration date of the permit, the department may require the permittee to close the site and apply for a closure permit under OAR 340-094-0100 or 340-095-0050.

(8) Permits extended under OAR 340-093-0070 (7) remain fully effective and enforceable until the effective date of the new permit.

Or. Admin. Code § 340-093-0070

DEQ 41, f. 4-5-72, ef. 4-15-72; DEQ 26-1981, f. & ef. 9-8-81; DEQ 2-1984, f. & ef. 1-16-84; DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0025; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 17-1997, f. & cert. ef. 8-14-97; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13; DEQ 78-2018, minor correction filed 04/09/2018, effective 04/09/2018; DEQ 11-2023, amend filed 07/21/2023, effective 7/21/2023

Statutory/Other Authority: ORS 459

Statutes/Other Implemented: ORS 459.235