Or. Admin. R. 345-095-0115 - Violations
If air or water pollution control mechanisms malfunction or other factors result in emissions or discharges in violation of applicable standards, the certificate holder shall take the following actions:
(1) For a violation of an emission standard or discharge limit administered by an agency other than the Council, the certificate holder shall submit to the Council copies of all notifications required by the agency at the same time the notifications are submitted to the agency.
(2) For a violation of an emission or discharge standard imposed by the Council, the site certificate holder shall:
(a) Notify the Department of Energy of the violation as soon as reasonably possible after the occurrence, giving all pertinent facts including the estimated duration of the breakdown.
(b) Promptly initiate and complete appropriate actions to correct the conditions that resulted in the violation.
(c) Cease or discontinue operations of those portions of facility operation contributing to the violation, if the violation is not otherwise corrected within 48 hours after it began, except as required under sections (3) and (4).
(d) Submit to the Council an initial written report of the failure or breakdown within ten days after the occurrence. When the condition has been corrected, the certificate holder shall submit a final written report to the Council describing the causes and the actions taken to prevent similar upsets or breakdown conditions. If more than 45 days elapse between the initial and final reports, the certificate holder shall submit monthly status reports.
(3) The certificate holder shall cease yellowcake drying and packaging operations immediately upon the failure of affected emission control equipment unless alternative licensed emission control equipment, adequate to provide equivalent control of releases, is available and operational.
(4) The certificate holder shall cease the generation of tailings as soon as possible following any dam failure or threatened failure to avoid uncontrolled tailings release inside or outside of the facility and, in the meantime, shall use an unaffected impoundment of sufficient size to contain all tailings generated in that period. The certificate holder shall not restart the generation of tailings without approval by the Council.
Stat. Auth.: ORS 469.556
Stats. Implemented: ORS 469.470
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