Or. Admin. Code § 340-093-0070 - Applications for Permits
(1) Any
person wishing to obtain a new, modified, or renewal permit from the Department
must submit a written application on a form provided by the Department. The
Department must receive renewal applications at least 180 days before a permit
is needed. All other applications must be received 60 days before a permit is
needed. All application forms must be completed in full, signed by the
applicant or the applicant's legally authorized representative, and accompanied
by the specified number of copies of all required exhibits. The name of the
applicant must be the legal name of the owner of the facility or waste tire
carrier or the owner's agent or the lessee responsible for the operation and
maintenance of the facility or waste tire carrier.
(2) The Department will accept applications
for a permit only when complete, as detailed in OAR
340-093-0070
(3). Within 45 days after receipt of an
application, the Department will conduct a preliminary review of the
application to determine the adequacy of the information submitted. Failure to
complete this review within 45 days does not preclude the Department from later
requesting further information from the applicant as provided in this section.
(a) If the Department determines that
additional information is needed it will promptly request the needed
information from the applicant. The application will be considered to be
withdrawn if the applicant fails to submit the requested information within 90
days of the request or such other time as the Department establishes in
writing.
(b) If additional measures
are necessary to gather facts regarding the application, the Department will
notify the applicant that such measures will be instituted, and the timetable
and procedures to be followed. The application will be considered to be
withdrawn if the applicant fails to comply with these additional
measures.
(3) An
application for a new disposal site, waste tire storage or waste tire carrier
permit is complete only if it:
(a) Is
submitted on forms provided by the department, is accompanied by all required
exhibits, follows the organizational format and includes the level of
informational detail required by the Department, and is signed by the applicant
and property owner or person in control of the premises;
(b) Except for mobile disposal sites and
waste tire carriers, includes written recommendations of the local government
unit or units having jurisdiction with respect to a new or existing disposal
site or waste tire storage site, or alterations, expansions, improvements or
changes in method or type of disposal at a new or existing disposal site or
waste tire storage site. Such recommendations must include, but not be limited
to, a statement of compatibility with the acknowledged local comprehensive plan
and zoning requirements or the Land Conservation and Development Commission's
Statewide Planning Goals;
(c)
Identifies in list form, any other known or anticipated permits from the
Department or other governmental agencies;
(e) Except for composting facilities, mobile
disposal sites, waste tire carriers and facilities exempt under OAR
340-093-0070(4),
includes a site characterization report prepared in accordance with OAR
340-093-0130, to establish a new
disposal site or waste tire storage site or to substantially alter, expand or
improve a disposal site or waste tire storage site or to make a change in the
method or type of disposal at a disposal site or waste tire storage site,
unless the requirements of said site characterization report have been met by
other prior submittals;
(f) Except
for composting facilities, waste tire carriers and facilities exempt under OAR
340-093-0070
(4), includes detailed plans and
specifications as required by OAR
340-093-0140;
(g) For a new land disposal site:
(A) Includes a written closure plan that
describes the steps necessary to close all land disposal units at any point
during their active life under OAR
340-094-0110 to
340-094-0120 or
340-095-0050 to
340-095-0060; and
(B) Provides evidence of financial assurance
for the costs of closure of the land disposal site and for post-closure
maintenance of the land disposal site under OAR
340-094-0140 or
340-095-0090, unless the
department exempts a non-municipal land disposal site from this requirement
under OAR 340-095-0090(2).
(h) For a new conversion
technology facility:
(A) A description of the
technology to be used at the facility including the types, sources, and amounts
of feedstocks to be processed, the processing methods, the materials produced
by the technology, the amounts of each product, the expected uses of the
products, the types of materials that the products of the conversion technology
facility are intended to replace, and how feedstocks, products, and other
materials will be stored;
(B) A
description of wastes expected to be produced by the facility including
amounts, biological, chemical and physical analyses, waste storage and
disposition of wastes;
(C) A
description of leachate, stormwater, and process water expected to be produced
at the facility, including information on the biological, chemical and physical
characterization of process water and leachate and the management of leachate,
stormwater, and process water;
(D)
A description of flammable gases and liquids and also hazardous wastes expected
to be produced by the facility, and how those materials will be managed;
and
(E) The methods that will be
used to minimize or exclude from feedstocks any materials that are detrimental
to the conversion technology process or resultant products.
(i) For any type of mobile
disposal site, includes an acknowledgement that before the mobile disposal site
establishes operation in a new location, the local government unit or units
having jurisdiction must provide a statement of compatibility with the
acknowledged local comprehensive plan and zoning requirements or the Land
Conservation and Development Commission's Statewide Planning Goals.
(j) For a new waste tire storage site:
(A) Address the requirements of ORS
459.730;
(B) Provide information required in OAR
340-096-0220 for the Department
to determine the amount of financial assurance required in order to issue a
waste tire storage permit.
(C) Site
design and operations plans, which include:
(i) Anticipated maximum number of passenger
and/or truck tires and/or tire-derived materials to be stored at the site for
any given one year period;
(ii)
Present and proposed method of disposal, and timetable;
(iii) How the facility will meet the
technical tire storage standards in OAR
340-096-0230 for both tires and
tire-derived materials currently stored on the site, and tires and tire-derived
materials to be accepted;
(iv)
Practices to reduce vector attraction and minimize nuisance conditions;
and
(v) Procedures and timeline for
site closure, including any phase-in of closure, removal of equipment and
materials used to operate and maintain the site, removal and proper disposal of
all waste tires and tire-derived materials from the site.
(k) Includes any other information
the department may deem necessary to determine whether the proposed disposal
site, waste tire storage site or waste tire carrier and the operation thereof
will comply with all applicable rules of the department.
(4) If the department determines that a
disposal site is a "low-risk disposal site" or is not likely to adversely
impact the waters of the State or public health, the department may waive any
of the requirements of OAR
340-093-0070 (3)(e) and
(f), OAR
340-093-0150,
340-094-0060(2)
and 340-095-0030(2).
In making this judgment, the department may consider the size and location of
the disposal site, the volume and types of waste received and any other
relevant factor. The applicant must submit any information the department deems
necessary to determine that the proposed disposal site and site operation will
comply with all pertinent rules of the department.
(5) If a local public hearing regarding a
proposed disposal site, waste tire storage site or waste tire carrier has not
been held and if, in the judgment of the department, there is sufficient public
concern regarding the proposed disposal site, waste tire storage site or waste
tire carrier, the department may, as a condition of receiving and acting upon
an application, require that such a hearing be held by the county board of
commissioners or county court or other local government agency responsible for
solid waste management, for the purpose of informing and receiving information
from the public.
(6) Permit
modifications:
(a) An application for a
permit modification is required for:
(A) The
sale or exchange of the activity or facility; or
(B) Any change in the nature of the
activities or operations from those of the last application including
modification or expansion of the disposal site or waste tire storage site, a
change in the method or type of disposal or significant change in waste tire
carrier activities.
(b)
An application for a permit modification is complete only if it:
(A) Is submitted on forms provided by the
department, follows the organizational format and includes the level of
informational detail required by the department, and is signed by the applicant
and property owner or person in control of the premises;
(B) Includes information showing the reasons
for the permit modification and any information needed to document or explain
the modification requested; and
(C)
Includes updated information required to be submitted for new permits in OAR
340-093-0070
(3), if required by the Department. If the
modification involves a substantial change in the scope or operations of the
disposal site, waste tire storage site or waste tire carrier, the application
must also include written recommendations from the local government unit as
required for new permits under OAR
340-093-0070
(3)(b).
(7) Permit renewals:
(a) An application for a permit renewal is
required if a permittee intends to continue operation beyond the permitted
period. A complete renewal application must be filed at least 180 days before
the existing permit expires. An application for a permit renewal is complete
only if it is submitted on forms provided by the department, follows the
organizational format and includes the level of informational detail required
by the department, and is signed by the applicant and property owner or person
in control of the premises.
(b) If
the application for renewal involves a substantial change in the scope or
operations of the disposal site or waste tire storage site, the application
must also include written recommendations from the local government unit as
required for new permits under OAR
340-093-0070
(3)(b). The department may also require the
submittal of updates of the information required to be submitted for new
permits in section OAR
340-093-0070
(3).
(c) If a completed application for the
renewal of a permit is filed with the department in a timely manner before the
expiration date of the permit, the permit does not expire until the department
takes final action on the renewal application.
(d) If a completed application for the
renewal of a permit is not filed with the department in a timely manner before
the expiration date of the permit, the department may require the permittee to
close the site and apply for a closure permit under OAR
340-094-0100 or
340-095-0050.
(8) Permits extended under OAR
340-093-0070
(7) remain fully effective and enforceable
until the effective date of the new permit.
Notes
Statutory/Other Authority: ORS 459
Statutes/Other Implemented: ORS 459.235
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