To issue a site certificate for a waste disposal facility, or to carry out a cooperative agreement or arrangement with an agency of the federal government to clean up radioactive waste, uranium mine overburden or contaminated material pursuant to ORS 469.559(2), the Council must find that the site is suitable for the type and amount of waste the applicant intends to dispose of at the site. For purposes of this rule, uranium mine overburden means earth and other material overlying natural deposits of uranium ore and removed to gain access to the ore, if disposal of the material would result in an exceedance of any of the pathways in OAR 345-050-0035 as in effect on the date of this rule. A site is not suitable if it is located in:
(1) An area determined by the Council to be subject to surface water erosion over the projected life of the facility. In making this determination, the Council shall consider geological evidence of historical erosion, ancient shorelines, stream beds and cutting due to floods as well as impacts from future climate conditions.(2) The 500-year flood plain of a river, stream or creek, taking into consideration the area the Council determines under section (1) to be potentially subject to erosion within the lifetime of the facility.(3) A Quaternary-active fault or Quaternary-active fault zone.(4) An area of ancient, recent, active or potentially active, mass movement or landslide, including the triggering mechanisms such as earthquake shaking.(5) An area subject to volcanic damage over the past two-million years or that the Council finds to be subject to damage from natural forces of volcanic origin that is sufficient to cause meaningful degradation of facility integrity.Or. Admin. Code § 345-050-0060
EFSC 9-1981, f. & ef. 12-28-81; EFSC 1-1989, f. & cert. ef. 8-8-89; EFSC 4-1995, f. & cert. ef. 11-28-95; EFSC 1-1999, f. & cert. ef. 3-5-99; EFSC 2-2017, amend filed 10/18/2017, effective 10/18/2017Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375