1. (1) The provisions of this rule replace the requirements of 40 C.F.R. 262.41 and 262.18.

2. (2) A person producing at any time more than one kilogram of acutely hazardous waste, a total of more than 100 kilograms of hazardous waste in a calendar month, or who accumulates on-site at any time a total of more than 1,000 kilograms of hazardous waste, shall submit Quarterly Reports through the period ending December 31, 1991 to the Department. Effective January 1, 1992, and annually thereafter, a report shall be submitted to the Department, on a form provided by the Department, or by other means agreed to by the Department, by persons defined as small quantity hazardous waste generators, large quantity hazardous waste generators, reverse distributors, as well as very small quantity generators conducting an episodic event in compliance with OAR 340-102-0230, and/or hazardous waste recyclers. The report shall contain information required by the Department covering activities from the preceding calendar year. Reports shall be submitted by March 1, or within 65 days of mailing by the Department, whichever is later. Upon written request and reasonable justification, the Department may grant an extension to the reporting deadline of up to 30 days. The annual report shall contain:

   1. (a) Information required for purposes of notification of hazardous waste activity and/or annual verification of hazardous waste generator status;
   2. (b) Information required for purposes of describing hazardous waste generator and waste management activity, including information pertaining to hazardous waste storage, treatment, disposal, and recycling efforts and practices;
   3. (c) Information required for the assessment of fees; and
   4. (d) Information required for the Department’s preparation and completion of the Biennial Report and Capacity Assurance Plan.

3. (3) Quarterly Reports are due within 45 days after the end of each calendar quarter for 1991 (the final quarterly report will be due February 15, 1992). The quarterly reporting requirement will sunset on December 31, 1991:

   1. (a) The Quarterly Report shall include, but not be limited to the following information:

      1. (A) A copy of the completed manifest or a listing of the information from each manifest for each shipment made during the calendar quarter;

      2. (B) A listing of all additional hazardous waste generated during the quarter that was sent off-site without a manifest or was used, reused or reclaimed on-site, on a form provided by the Department. The listing shall include, but not be limited to:

         1. (i) The generator’s name and address;
         2. (ii) The generator’s U.S. EPA/DEQ Identification Number;
         3. (iii) Identification of the calendar quarter in which the waste was generated;
         4. (iv) The type and quantity of each waste generated, by EPA code number; and
         5. (v) The disposition of each waste, including the identity of the receiving party for wastes shipped off-site and handling method; and
      3. (C) If no hazardous waste was generated during the quarter, a statement to that effect, on a form provided by the Department.

   2. (b) Reports submitted to the Department must be accompanied by the following certification signed and dated by the generator or his/her authorized representative:

      “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

4. (4) Any generator who is receiving hazardous waste from off-site, generating or managing hazardous waste on-site, including recycling, except closed-loop recycling must submit an annual report covering those wastes and activities in accordance with the provisions of OAR 340-104-0075 and of 40 C.F.R., Part 266.
5. (5) Dry cleaning operators of dry cleaning facilities must complete an annual dry cleaner hazardous waste and air quality compliance report pursuant to OAR 340-124.

Statutory/Other Authority

ORS 183, 466.020, 466.075, 466.105, 466.165, 466.195 & 468

Statutes/Other Implemented

ORS 466.075 & 466.090

History

DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 13-2002, f. & cert. ef. 10-9-02
DEQ 13-1991, f. & cert. ef. 8-5-91
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 19-1988, f. & cert. ef. 7-13-88
DEQ 10-1987, f. & ef. 6-11-87
DEQ 8-1985, f. & ef. 7-25-85