Or. Admin. Code § 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;
(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;
(l) Establishing or
operating a commingled recycling processing facility or a limited sort facility
in Oregon without first obtaining a required disposal site permit; or
(m) Operating a commingled recycling
processing facility, a commingled recycling reload facility, a recycling reload
facility or a limited sort facility that fails to comply with performance
standards set forth in DEQ statute or rules.
(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;
(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;
(g) Failing to keep complete
and accurate records or timely submit reports for a commingled recycling
processing facility, a commingled recycling reload facility, a recycling reload
facility, or a limited sort facility; or
(h) Violating any otherwise unclassified
requirement for a commingled recycling processing facility, a commingled
recycling reload facility, a recycling reload facility, or a limited sort
facility.
(3)
Class
III:
(a) Failing to post required
signs;
(b) Failing to control
litter; or
(c) Failing to notify
DEQ of any name or address change.
Notes
Statutory/Other Authority: ORS 459.045 & 468.020
Statutes/Other Implemented: ORS 459.205, 459.376, 459.995 & 468.090 - 468.140
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