Or. Admin. R. 340-012-0065 - Solid Waste Management Classification of Violations

(1) Class I:
(a) Establishing or operating a disposal site without first obtaining a registration or permit;
(b) Accepting solid waste for disposal in a permitted solid waste unit or facility that has been expanded in area or capacity without first submitting plans to DEQ and obtaining DEQ approval;
(c) Disposing of or authorizing the disposal of a solid waste at a location not permitted by DEQ to receive that solid waste;
(d) Violating a lagoon freeboard limit that results in the overflow of a sewage sludge or leachate lagoon;
(e) Accepting for treatment, storage, or disposal at a solid waste disposal site, without approval from DEQ, waste defined as hazardous waste, waste from another state which is hazardous under the laws of that state, or wastes prohibited from disposal by statute, rule, permit, or order;
(f) Failing to properly construct, maintain, or operate in good functional condition, groundwater, surface water, gas or leachate collection, containment, treatment, disposal or monitoring facilities in accordance with the facility permit, DEQ approved plans, or DEQ rules;
(g) Failing to collect, analyze or report groundwater, surface water or leachate quality data in accordance with the facility permit, the facility environmental monitoring plan, or DEQ rules;
(h) Mixing for disposal or disposing of recyclable material that has been properly prepared and source separated for recycling;
(i) Failing to establish or maintain financial assurance as required by statute, rule, permit or order;
(j) Failing to comply with the terms of a permit terminated due to a failure to submit a timely application for renewal; or
(k) Operating a composting facility in a manner that causes a discharge to surface water of pollutants, leachate or stormwater when that discharge is not authorized by a NPDES permit.
(2) Class II:
(a) Failing to accurately report the amount of solid waste disposed, by a permitted disposal site or a metropolitan service district;
(b) Failing to timely or accurately report the weight and type of material recovered or processed from the solid waste stream;
(c) Failing to comply with landfill cover requirements, including but not limited to daily, intermediate, and final covers, or limitation of working face size;
(d) Operating a Household Hazardous Waste (HHW) collection event or temporary site without first obtaining DEQ approval or without complying with an approved plan for a HHW collection event;
(e) Receiving or managing waste in violation of or without a DEQ-approved Special Waste Management Plan; or
(f) Unless otherwise specifically classified, operating a composting facility in a manner that fails to comply with the facility's registration, permit, DEQ-approved plans or DEQ rules.
(3) Class III:
(a) Failing to post required signs;
(b) Failing to control litter;
(c) Failing to notify DEQ of any name or address change; or
(d) Violating any labeling requirement under ORS 459A.675-685.


Or. Admin. R. 340-012-0065
DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 1-1982, f. & ef. 1-28-82; DEQ 22-1984, f. & ef. 11-8-84; DEQ 22-1988, f. & cert. ef. 9-14-88; DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 21-1992, f. & cert. ef. 8-11-92; DEQ 4-1994, f. & cert. ef. 3-14-94; DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 19-1998, f. & cert. ef. 10-12-98; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 1-2014, f. & cert. ef. 1-6-14

Stat. Auth.: ORS 459.045 & 468.020

Stats. Implemented: ORS 459.205, 459.376, 459.995 & 468.090 - 468.140

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