Or. Admin. Code § 340-094-0001 - Applicability

(1) OAR Chapter 340, Division 94 applies to municipal solid waste landfills and their appurtenances such as leachate management facilities, and to ash monofills.

(2) The criteria adopted in OAR 340-094-0010 apply to all municipal solid waste landfills which receive waste on or after October 9, 1993, unless the landfill meets the following requirements for a later effective date:

(a) For existing municipal solid waste landfills or lateral expansions of municipal solid waste landfills that meet the conditions of 40 CFR, § 258.1(e)(2) ("small landfills"): the criteria apply if the landfill receives waste on or after April 9, 1994;

(b) For new, existing or lateral expansions of municipal solid waste landfills that meet the conditions in 40 CFR, § 258.1(f)(1) ("very small landfills serving certain small communities"): the criteria apply if the landfill receives waste on or after October 9, 1997.

(3) Municipal solid waste landfills that receive waste after October 9, 1991 but stop receiving waste before a date certain, and which complete installation of a final cover as specified in 40 CFR, § 258.60(a) by another date certain, are exempt from the other criteria adopted in OAR 340-094-0010. The dates are as follows:

(a) All municipal solid waste landfills (unless the landfill meets the conditions under subsections (3)(b) or (3)(c) of this rule): no waste received after October 9, 1993, and installation of final cover completed by October 9, 1994;

(b) A "small landfill" meeting the criteria in 40 CFR, § 258.1(e)(2) : no waste received after April 9, 1994 and installation of final cover completed by October 9, 1994;

(c) A "very small landfill serving certain small communities" meeting the criteria in 40 CFR, § 258.1(f)(1) : no waste received after October 9, 1997 and installation of final cover completed by October 9, 1998.

(4) In order to meet the requirements for later effective dates as a "very small landfill serving certain small communities", a landfill owner or operator shall make the demonstration required in 40 CFR, § 258.1(f)(2) by April 9, 1994. The owner or operator shall keep the demonstration available for inspection by the Department.

(5) Persons who receive municipal solid waste but who are exempt from any or all criteria in 40 CFR, Part 258 must comply with all relevant requirements in OAR Chapter 340, Divisions 93, 94, 95, 96 and 97.

Notes

Or. Admin. Code § 340-094-0001

DEQ 5-1993, f. & cert. ef. 3-10-93; DEQ 14-1993(Temp), f. & cert. ef. 11-2-93; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 25-1995(Temp), f. & cert. ef. 11-29-95; DEQ 9-1996, f. & cert. ef. 7-10-96

Stat. Auth.:ORS 459.045,ORS 459A.100 -ORS 459A.120 &ORS 468.020

Stats. Implemented:ORS 459.046