(1) This division establishes basic
permitting requirements, such as application requirements, standard permit
conditions, monitoring and reporting requirements, and management requirements
for existing facilities which have not been issued a RCRA permit.
(2) A person must also consult 40 C.F.R.
Parts
260 to
268,
270 and
124, which are incorporated by reference in OAR
340-100-0002, to determine all
applicable hazardous waste management requirements.
(3) The provisions of section (4) of this
rule replace the contents of 40 C.F.R. Sec.
270.1(a),
270.1(b) and
270.1(c) prior to
paragraph (c)(1).
(4)
(a) Technical regulations. The hazardous
waste permit program has separate additional regulations that contain technical
requirements. The Department uses these separate regulations to determine what
requirements permits must include if they are issued. These separate
regulations are located in 40 C.F.R. Part
264 and OAR Chapter 340, Division
104.
NOTE: Although the permit applicant or permittee
will interface primarily with the Department as is indicated by these rules,
hazardous waste disposal facility permits are technically issued by the
Environmental Quality Commission while hazardous waste storage and treatment
facility permits are issued by the Department.
(b)
(A)
Applicability. The state hazardous waste program requires a permit for the
"treatment," "storage" or "disposal" of any "hazardous waste" as identified or
listed in OAR Chapter 340, Division 101. The terms "storage," "disposal" and
"hazardous waste" are defined in OAR
340-100-0010. The term
"treatment" is defined in 40 C.F.R. Sec.
260.010 .
(B) Owners and operators of hazardous waste
management units must have permits:
(i)
During the active life (including the closure period) of the unit, and
(ii) For any unit which closes
after the effective date of these rules, during any post-closure care period
required under 40 C.F.R.
Sec.
264.117, and
(iii) During any compliance period specified
under 40 C.F.R. §
264.96, including any extension of the
compliance period under 40
C.F.R. Sec.
264.96(c).
Notes
Or. Admin. Code
§
340-105-0001
DEQ 8-1985, f. & ef.
7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ
11-1995, f. & cert. ef. 5-19-95;
DEQ
5-2015, f. & cert. ef.
4/15/2015
Stat. Auth.: ORS 183, 459,
466.020,
466.075,
466.105,
466.195 & 468
Stats. Implemented: ORS
466.095 &
466.215
