(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
requrements addressing the issues described in section (5) of this rule or
other similar issues to protect the public health and safety and the
environment.
