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Regulatory and Permitting Information Desktop Toolkit

Oregon Hazardous Waste Permit (18-OR-b)



Hazardous Waste Permit Process

18-OR-b.1 - Will the Project Treat, Store, or Dispose of Hazardous Waste On-Site?

According to the EPA:

Hazardous waste management facilities receive hazardous wastes for treatment, storage, or disposal. These facilities are often referred to as treatment, storage, and disposal facilities, or TSDFs.

Treatment facilities use various processes (such as incineration or oxidation) to alter the character or composition of hazardous wastes. Some treatment processes enable waste to be recovered and reused in manufacturing settings, while other treatment processes dramatically reduce the amount of hazardous waste.

Storage facilities temporarily hold hazardous wastes until they are treated or disposed of.

Disposal facilities permanently contain hazardous wastes. The most common type of disposal facility is a landfill, where hazardous wastes are disposed of in carefully constructed units designed to protect groundwater and surface-water resources.

(See EPA Citizens Guide)

How to Determine if Your Waste is Hazardous

18-OR-b.2 - No Permit Needed; Continue with Project

If the project will not fall into any of the above categories, a hazardous waste storage, treatment, or disposal permit is not required.

18-OR-b.3 - Contact DEQ Regional Office to Begin Application Process

The applicant contacts the appropriate DEQ Regional Office for answers to questions, and to begin the application process.

(See DEQ Hazardous Waste Permit Fact Sheet)

18-OR-b.4 - Pre-Application Public Meeting

Before a business even submits a permit application, it must hold an informal meeting with the public. The business must announce the "preapplication" meeting by putting up a sign on or near the proposed facility property, running an advertisement on radio or television, and placing a display advertisement in a newspaper. At the meeting, the business explains the plans for the facility, including information about the proposed processes it will use and wastes it will handle. The public has the opportunity to ask questions and make suggestions. The business may choose to incorporate the public's suggestions into its application. The permitting agency uses the attendance list from the meeting to help set up a mailing list for the facility.

(See EPA Citizens Guide)

18-OR-b.5 - Hazardous Waste Permit Application, Land Use Compatibility Statement, Plans, Evidence of Compliance with State Siting Requirements, Fees

The applicant completes the application, which is divided into Parts A and B. Part A requests general site data; Part B requires:

  • Detailed information about the proposed facility. Information requirements can be found in CFR 40 Part 270 as adopted by OAR 340-105.
  • A Land Use Compatibility Statement signed by the local land use authority.
  • Final engineering plans and specifications covering construction and operation of the site and related facilities.
  • Evidence of compliance with state siting requirements. Siting criteria can be found in ORS 466.055 and ORS 466.060 as codified by OAR 340-120

Fees

Application Processing and Annual Hazardous Waste Permit Fees vary depending upon the type of facility and volume of material handled. Your local DEQ office can provide you with detailed information about the fees that will be required for your facility.

(See DEQ Hazardous Waste Permit Fact Sheet)

18-OR-b.6 - Review Application for Completeness, Technical Review, Assess Charges, Request Additional Information if Needed

According to OAR 340-106(1), each application will be reviewed for completeness within 60 days of receipt. If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken.

DEQ reviews the application for completeness and conducts a technical review and assesses charges. After reviewing the application, DEQ may request additional information.

(DEQ Hazardous Waste Permit Fact Sheet)

18-OR-b.7 - Is the Application Complete?

18-OR-b.8 - Draft Permit

Once the application is acceptable, the Agency drafts a permit.

(DEQ Hazardous Waste Permit Fact Sheet)

(See also OAR 340-106(3))

18-OR-b.9 - Public Notice and Comment Period

DEQ posts a 45-day public notice inviting the public to comment on the proposed permit.

(DEQ Hazardous Waste Permit Fact Sheet)

ORS 466.124 (For disposal sites as opposed to storage sites):

(1) Prior to holding hearings on a hazardous waste disposal site permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application.

(2) The notice shall contain information regarding the approximate location of the site and the type and amount of materials intended for disposal at such site, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed site shall have opportunity to testify at the hearing.

18-OR-b.10 - Public Hearing (if Public Shows Significant Interest)

If the public shows significant interest, a hearing is held.

(DEQ Hazardous Waste Permit Fact Sheet)

ORS 466.130 (For disposal sites as opposed to storage sites):

The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed hazardous waste disposal site is located and may conduct hearings at such other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application.

18-OR-b.11 - Will the Project Have a Treatment AND Disposal Facility?

For treatment and disposal facilities, the Oregon Environmental Quality Commission (EQC) decides whether to issue, deny, or modify the permit.

18-OR-b.12 - Hazardous Waste Permit Issued (or Denied or Modified)

ORS 466.145 (Treatment facilities):

  • (1) The Department of Environmental Quality shall review and cause to be investigated all hazardous waste treatment site permit applications submitted to it.
  • (2) After reviewing and investigating the application, the department shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the address designated in the application. The decision of the department is subject to review by the Environmental Quality Commission under the provisions of ORS chapter 183 governing contested cases.

18-OR-b.13 - Will the Project Have Only a Disposal Facility?

For disposal facilities, DEQ notifies other affected State agencies, including the Health Division, the Public Utility Commission, the State Fish and Wildlife Commission, and the Water Resources Department. If the Health Division opposes the permit, DEQ will deny the permit request.

(DEQ Hazardous Waste Permit Fact Sheet)

18-OR-b.14 - Notify Affected State Agencies

18-OR-b.15 - Will the Project Have Only a Storage Facility?

For storage facilities, DEQ will make the decision to issue, deny, or modify the permit.

(DEQ Hazardous Waste Permit Fact Sheet)

18-OR-b.16 - Hazardous Waste Permit Issued (or Denied or Modified)

DEQ uses the criteria in Oregon laws and administrative rules in determining whether to issue or deny a permit application for a disposal site. Criteria include location restrictions, engineering design and operating requirements, and closure and post-closure care requirements.

DEQ will review the application and accompanying documents described above to determine whether the criteria have been satisfied. Your local DEQ office can provide you with a copy of the statutes and rules that apply to your proposed facility.

(DEQ Hazardous Waste Permit Fact Sheet)




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