Or. Admin. R. 340-239-0010 - Applicability

(1) This division applies in all areas of the state and to all new landfills and all landfills that have received solid waste after November 8, 1987, excluding those sources located on either tribal or federal lands that are not subject to regulation by DEQ and except as provided in OAR 340-239-0010(2).

(2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction.

(3) Exemptions. This division does not apply to the following landfills. Landfills claiming exemption undersubsection (b) or (c), below, must maintain records showing how the exemption is met and provide the records to DEQ upon request not later than a reasonable date established by DEQ.

(a) Landfills that are regulated under the Resource Conservation and Recovery Act (RCRA) Subtitle C or the Comprehensive Environmental Response, Compensation and Liability Act 42, U.S.C, Chapter 103 (Promulgated 12/11/80; Amended 10/17/86).

(b) Landfills that receive only nondecomposable wastes.

(c) Landfills with less than 200,000 tons of waste-in-place except that they must comply with section (4).

(4) Landfills with less than 200,000 tons of waste-in-place must maintain the landfill cover in all areas of the landfill so as to minimize landfill gas emissions.

Notes

Or. Admin. R. 340-239-0010

DEQ 16-2021, adopt filed 10/04/2021, effective 10/4/2021

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135

Statutes/Other Implemented: ORS 468A.025 & ORS 468A.135