Or. Admin. Code § 340-096-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-096-0100 - Special Rules Relating to Composting: Registration

(1) All composting facilities required to register with the department by OAR 340-096-0080(3)(a) must comply with this rule. Except as provided in OAR 340-096-0060(5), a facility subject to this rule must not begin operation before the registration process is complete and the department issues the registration.

(2) After the requirements of OAR 340-093-0100 with respect to public notice and comment have been completed, if the department determines that the facility has met all of the requirements of OAR Divisions 93, 96, 97, and all other applicable statutes and regulations, the department will issue a registration to the facility. The registration is a permit for purposes of OAR chapter 340, division 18 and chapter 340 divisions 93, 96, and 97.

(3) All composting facilities with a registration under this rule must comply with the following:

(a) Comply with OAR 340-096-0070: Performance Standards;

(b) For facilities with department Conditions of Approval for operation of the facility, comply with all conditions;

(c) If required by the department, submit an annual report of the weight of feedstocks used for composting on a form provided by the department;

(d) If a composting facility discharges leachate, liquid digestate, or stormwater under a permit issued by the department, submit an annual report to the department with the sampling data required by the permit or permits;

(e) Immediately notify the department of any violation of the facility Conditions of Approval or OAR 340-096-0070: Performance Standards;

(f) Immediately notify the department of any significant change of status of the facility, including any change in the ownership or operation of the facility, the location of the composting operation, the type or volume of feedstocks used, and the composting process used by the facility;

(g) Keep all required records. If required by the department, maintain records for a minimum of five years. In the case of a change in ownership of the facility, the owner is responsible for ensuring that the records are transferred from the previous owner and maintained for the required five years;

(h) At the request of the department, submit any records or reports the department may require to ensure compliance with conditions of OAR chapter 340, Divisions 93, 96, and 97; and

(i) If required by the department, demonstrate financial assurance as provided in OAR 340-096-0001. The department may tailor the financial assurance requirements to the nature of the facility and may exempt a facility if, based on the information submitted under OAR 340-096-0080, an Operations Plan approved under OAR 340-0096-0090, and any other information available to the department, the department determines that the facility is not likely to generate significant amounts of residual waste materials or contamination from the operation of the facility that will remain at closure; and

(j) If required, pay the Engineering Review fee under OAR 340-097-0120(5).

Or. Admin. Code § 340-096-0100

DEQ 6-2009, f. & cert. ef. 9-14-09; DEQ 7-2013, f. & cert. ef. 8-29-13

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459.005, 459.015 & 459.205