Or. Admin. Code § 340-043-0050 - Design, Construction, Operation and Closure Requirements
(1) All chemical
process and waste disposal facilities and facilities for mixing, distribution,
and application of chemicals associated with on-site mining operations; ore
preparation and beneficiation facilities; and processed ore disposal facilities
shall be designed, constructed, operated and closed in accordance with the
guidelines contained in this Division.
(2) Alternative facilities and methods of
control of wastes and potential pollutants may be approved by the Department if
the permit applicant can demonstrate that the alternate facilities and methods
will provide environmental protection that is fully equivalent or better than
that achieved by the facilities specified in the guidelines in OAR
340-043-0070 to
340-043-0180. The burden of
proof of fully equivalent protection lies with the permit applicant. Written
approval of any alternative by the Department shall be evidence of acceptance
as equivalent or better level of environmental protection.
(3) A groundwater monitoring plan shall be
submitted to, and be approved by the Department. Monitoring wells shall be
installed for detection of groundwater contamination as required by OAR Chapter
340, Division 40, unless the Department concludes in writing that the
hydrogeology of the site or other technical information indicates that an
adverse impact on groundwater quality is not likely to occur.
(4) The Department may, in accordance with a
written compliance schedule, grant reasonable time for existing facilities to
comply with these rules.
Notes
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468B.190,ORS 517.956 &ORS 517.971
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