1. (1) No person may construct or operate a composting facility except as provided in this rule.
2. (2) All composting facilities must comply with 340-096-0070: Performance Standards.

3. (3) All composting facilities, except those composting facilities exempt under (3)(a) of this rule, must comply with OAR 340-096-0080: Screening.

   1. (a) A facility with composting activities limited to one or more of the following is exempt from the requirements of OAR 340-096-0080: Screening, 340-096-0090: Operations Plan Approval, 340-096-100: Registration, and 340-096-0110: Composting Permit, unless the department determines the composting facility may adversely affect human health or the environment:

      1. (A) A composting facility composting less than 100 tons of Type 1 feedstock, Type 2 feedstock, or both during any calendar year;
      2. (B) A composting facility composting less than 20 tons of Type 3 feedstock during any calendar year;
      3. (C) A composting facility composting less than 40 tons of Type 3 feedstock in any calendar year when conducting in-vessel composting in containers designed to prohibit vector attraction and prevent nuisance and odor generation;
      4. (D) A composting facility that produces silage on a farm for animal feed;
      5. (E) A home composting facility; and
      6. (F) A composting facility that is being operated in conjunction with a Confined Animal Feeding Operation permitted by the Oregon Department of Agriculture that is in compliance with a composting facility management plan approved by the Oregon Department of Agriculture that meets the requirements of OAR 340-096-0090 and for which the Oregon Department of Agriculture is providing oversight under an agreement with the department. The Oregon Department of Agriculture may require that a facility that qualifies for a department exemption under this paragraph comply with OAR 340-096-0080: Screening.
4. (4) All composting facilities that are determined by the department to present more than a low risk to human health or the environment under OAR 340-096-0080(3)(b): Screening, except those facilities that are exempt under (3)(a) of this rule, must comply with OAR 340-096-0090: Operations Plan Approval and OAR 340-096-0110: Composting Permit.
5. (5) Any composting facility in operation before September 14, 2009 that submitted materials required by OAR 340-096-0080: Screening, by March 15, 2010 may continue in operation pending a determination by the department under OAR 340-096-0080: Screening and issuance by the department of a Registration under OAR 340-096-0100: Registration or a Composting Permit under OAR 340-096-0110: Composting Permit. Any anaerobic digestion facility possessing a solid waste treatment facility permit on August 22, 2013 may either continue to operate under the solid waste treatment facility permit, or may apply for a composting facility permit or registration under OAR 340-096-0080(3)(b): Screening.
6. (6) Any person proposing to begin operation of a new composting facility or to substantially modify an existing facility, where such a facility is not exempt under section (3) of this rule, must comply with OAR 340-096-0080: Screening and provide to the department the information required by OAR 340-096-0080(1) at least 180 days before the facility is proposed to begin operation.

Statutory/Other Authority

ORS 459.045, 459A.025 & 468.020

Statutes/Other Implemented

ORS 459.005, 459.015 & 459.205

History

DEQ 85-2018, minor correction filed 04/09/2018, effective 04/09/2018
DEQ 7-2013, f. & cert. ef. 8-29-13
DEQ 6-2009, f. & cert. ef. 9-14-09