Or. Admin. Code § 340-104-0339 - Procedure For Prohibiting the Land Disposal of Any Hazardous Waste

(1) The Department may prohibit the Land Disposal of any hazardous waste if in the Department's judgment there are more environmentally sound beneficial use, reuse, recycle, reclamation, treatment or disposal options. In making such a judgment, the Department shall consider but not be limited to storage, transportation and other appropriate risks.

(2) For wastes identified under section (1) of this rule, the Department shall notify any affected generators and land disposal owners or operators, in writing, that land disposal of a specified waste is prohibited. Such notice shall indicate the specific waste affected by name and EPA Hazardous Waste Number, and shall also indicate the alternative means of beneficial use, reuse, recycle, reclamation, treatment or disposal deemed to be more environmentally sound. The Department shall provide that the prohibition is effective for the waste listed in the notice 90 days after receipt of the notice. The generator or disposal facility shall have 30 days from the receipt of notice to appeal the prohibition to the Department. The Department shall make a final determination within 60 days of the original notice if a timely appeal has been filed.

Notes

Or. Admin. Code § 340-104-0339

DEQ 8-1985, f. & ef. 7-25-85

Stat. Auth.:ORS 183,ORS 459&ORS 468

Stats. Implemented:ORS 466.025 &ORS 466.030