345-050-0006
Disposal Prohibited

As provided under ORS 469.525, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state, and no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as provided in ORS chapter 469 and this division.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81
Reverted to EFSC 9-1978, f. 12-28-78, ef. 3-1-79
EFSC 1-1979(Temp), f. & ef. 3-5-79
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0010
Purpose and Applicability

(1) Because virtually all materials contain some radioactivity, the purpose of the rules in OAR 345-050-0006 through 345-050-0039 is to identify those materials that present such small health hazards that they are not considered to be radioactive waste and may be disposed of within the state.

(2) OAR 345-050-0040 through 345-050-0130 establish standards for the siting of facilities for disposal of radioactive wastes that were generated before June 1, 1981, through industrial or manufacturing processes and that contain naturally occurring radioactive isotopes. These rules implement the requirements of ORS 469.375, 469.470 and 469.501 to 469.559 for such waste disposal facilities.

(3) Except as provided in OAR 345-050-0060, these rules do not apply to uranium mine overburden or uranium mill tailings, mill wastes or mill by-product material that are subject to OAR chapter 345, divisions 92 and 95.

(4) In accordance with ORS 469.525, the Department may establish an enforceable timeline or other requirements to determine whether a material is radioactive waste.

(5) For the purpose of these rules, disposal does not include:

(a) Temporary storage and staging of radioactive waste used or generated and stored or staged in accordance with a state license under ORS 453.635 as part of regular site operations

(b) Temporary storage of radioactive waste at the Trojan Spent Fuel Storage Installation until a federal waste repository is operational, subject to the provisions of OAR 345-026-0300 through 345-026-0390

(c) Temporary storage of radioactive waste from a reactor for which a site certificate has been issued pursuant to this chapter that is operated by a college, university or graduate center for research purposes and is not connected to the Northwest Power Grid; and

(d) Temporary storage of radioactive waste at a facility not licensed under ORS 453.635 pending lawful disposal out of this state, subject to the following:

(A) Any person that intends to temporarily store radioactive waste must report to the Department and Oregon Health Authority within 10 business days of discovery of such waste. The Department, in consultation with Oregon Health Authority, must determine that temporary storage of radioactive waste presents no significant risk to health and safety of the public and workforce.  In order to determine that a radioactive waste presents no significant risk during temporary storage, it must be demonstrated that:

(i) the waste will be located in an area of a facility that is reasonably expected to be inaccessible to the public;

(ii) the waste will be clearly marked and cordoned or otherwise isolated from workers, and must be stored in such a manner that minimizes risk of mobilization. This may include cover and/or secondary containment;

(iii) workers will be informed and instructed on safety related to the waste; and

(iv) any other requirements as determined by the Department in consultation with Oregon Health Authority and the holder of the waste.

(B) Temporary storage may not exceed 90 days without prior written authorization from the Department. To grant authorization to temporarily store radioactive waste for more than 90 days, the Department, in collaboration with Oregon Health Authority, must be assured that the waste will be properly disposed as soon as reasonably achievable, not to exceed 180 days in total.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1995, f. & cert. ef. 5-15-95
EFSC 9-1981, f. & ef. 12-28-81
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0020
Exempt Concentrations

(1) Materials that contain radionuclides in concentrations below the applicable concentration identified in Table 1 are not radioactive waste for purposes of ORS 469.525 and these rules. Additionally, wastes with the following characteristics are considered to contain exempt concentrations:

(2) Radium-bearing materials containing less than 5 picocuries of radium-226 per gram of solid, regardless of quantity,

(3) Thorium-bearing materials containing less than 20 picocuries of radium-228 per gram of solid, if the radium-228 is present with the parent thorium-232, regardless of quantity, or

(4) Lead-210-bearing wastes which are not in equilibrium with uranium-238, are the result of fossil fuel-related production including refining, transport, or storage, and contain less than 10 picocuries per gram of solid regardless of quantity.

[ED. NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.300, ORS 469.470 & ORS 469.525
History:
EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023
EFSC 2-1999, f. & cert. ef. 4-14-99
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 3-1995, f. & cert. ef. 11-16-95
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0025
Exempt Quantities

(1) Materials that contain radionuclides in individual quantities that do not exceed the applicable quantity identified in Table 2 are not radioactive waste for the purposes of ORS 469.525 and these rules unless the number of individual radionuclides at their maximum allowable activity given in Table 2 exceeds 10. Additionally, wastes with the following characteristics are considered to contain exempt quantities:

(2) Radium-bearing material containing a total radium-226 activity of less than 10 microcuries, regardless of concentration.

(3) Thorium-bearing materials containing a total radium-228 activity of less than 100 microcuries, if the radium-228 is present with the parent thorium-232, regardless of concentration in the solid. 

[ED. NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.300 & ORS 97.153
History:
EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023
EFSC 2-1999, f. & cert. ef. 4-14-99
EFSC 5-1980, f. & ef. 4-25-80
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0030
Specific Exemptions

In addition to the exemptions under OAR 345-050-0020 and 345-050-0025, the following materials are exempt from the provisions of ORS 469.525 and OAR 345-050-0006:

(1) Radioactive material that has been incorporated into a consumer product manufactured under a license issued by the Nuclear Regulatory Commission (NRC) or by an Agreement State, if the NRC or the Agreement State that issued the license has determined that the possession, use, transfer and disposal of such consumer product are exempt from regulatory requirements. An "Agreement State" is a state to which the NRC has delegated its authority to license and regulate byproduct materials (radioisotopes), source materials (uranium and thorium) and certain quantities of special nuclear materials in accordance with section 274b of the Atomic Energy Act.

(2) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses that are disposed of or treated at a hazardous waste disposal facility licensed by the U.S. Environmental Protection Agency (U.S. EPA), by the Oregon Department of Environmental Quality, or by another state delegated the responsibility to regulate the disposal or treatment of hazardous waste by the U.S. EPA.

(3) Burial of a human or animal body containing radioactive materials used for diagnostic or therapeutic purposes is exempt from the provisions of ORS 469.525 if the burial is otherwise done in accordance with applicable Oregon law.

(4) Waste that is identified as the result of metabolized isotopes used in medical treatment. A facility may only dispose of such waste in accordance with a facility-specific plan approved by the Department in consultation with Oregon Health Authority. The plan must ensure that the material presents no significant risk to the public, workers, or the environment.  The plan, at a minimum, should include:

(a) how the facility will identify and confirm that waste is the result of metabolized isotopes used in medical treatment;

(b) information regarding worker safety and training;

(c) how the facility will manage waste that is determined to not be the result of metabolized isotopes used in medical treatment; and

(d) a tracking and reporting schedule for informing the Department and Oregon Health Authority of actions taken under the plan.

(5) Wastes containing only naturally occurring radioactive isotopes other than those in the uranium and thorium decay series, as long as the isotopes exist in their naturally occurring isotopic concentrations.

(6) Wastes legally disposed before November 17, 2023, provided the waste is not removed from the location of original disposal.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0035
Pathway Exemption

Naturally occurring radioactive materials are exempt from the provisions of OAR 345-050-0006 if the Council or the Department of Energy finds that accumulation of material cannot result in exposures exceeding 500 millirem of external gamma radiation per year, nor in the release of effluents to air and water in annual average concentrations exceeding the values in Table 3. The Council or the Department shall base its finding on an evaluation of potential radiation exposures and effluent releases performed under the following conditions:

(1) The evaluation considers material in the form in which it exists when it is removed from the users' equipment, systems, or settling ponds prior to any dilution or remedial action designed to reduce radiation levels.

(2) The evaluation does not consider any ameliorating effects of land use restrictions, maintenance operations, or cover material at the disposal site.

(3) The evaluation covers accumulations of material over the reasonably projected period of waste generation.

(4) The evaluation bases external gamma radiation exposures on actual measurement with allowance for the degree of equilibrium and for self-shielding.

(5) The evaluation uses the following premises in computing radon concentrations in the air above a disposal site containing radium-226:

(a) The evaluation assumes that any house built on ground contaminated with radium-226 has an 8-foot high ceiling on the first floor, has one complete air change per hour, and has a foundation constructed so as to meet the Structural Specialty Code (State of Oregon Uniform Building Code) in effect on March 1, 1979 without allowance for any special construction or treatments designed to reduce radon diffusion into the structure;

(b) The evaluation bases the relation between radon-emanation rate and radium concentration upon experimental measurements on material intended for disposal.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1978, f. 12-28-78, ef. 3-1-79

345-050-0036
Gamma Pathway Exemption Interpretive Rule

(1) In determining compliance with OAR 345-050-0035 when considering external gamma radiation exposure, the Council or the Department of Energy must find that the disposal in Oregon of waste materials containing naturally-occurring radioactive materials (NORM) cannot result in doses to individuals greater than 500 millirem (mrem) per year. If doses could exceed this limit, the Council or the Department shall find that the waste material is radioactive and requires disposal in a licensed radioactive waste disposal site. To find the waste materials exempt, the Council or the Department must find that the waste materials meet air and water (including radon and leaching) pathway exemptions in OAR 345-050-0035. To determine compliance with the gamma pathway exemption in 345-050-0035, the following conditions apply:

(a) "Waste material" means the annual solid waste stream leaving a site for landfill disposal.

(b) Actual field gamma radiation exposures are measured. The exposure readings are compared with the levels given in section (2) of this rule. The levels given in section (2) correspond to a potential 500 mrem dose per year. They are based on the dose a person might receive being 90 percent of the time in a house built on a homogeneous, semi-infinite plane (slab) of NORM assuming the house has a two-inch wooden floor over a two-foot crawl space and assuming exposure is measured at three feet above the floor. Computer modeling was used to correlate the radiation levels measured in the house to radiation from NORM in two container geometries — a standard 55-gallon steel drum and a box measuring 1.5 x 1 x 2 feet (H x W x L).

(c) Readings are in microRoentgen per hour (uR/hr) using a detection system that is sensitive enough to determine compliance with the gamma radiation levels in section (2). Systems are calibrated according to National Institute of Standards and Technology (NIST) procedures with an NIST-traceable source, or equivalent calibration as judged by the Council Secretary. Measurements are made at a distance of one foot from the waste container. The contents of the container are proportional in composition to the average waste material. The highest reading measured around the container is used.

(2) The following readings correspond to a potential dose of 500 millirem per year for the respective container geometries. Long-lived radionuclides are assumed to be in secular equilibrium. If measurements as described in subsection (1)(c) of this rule produce readings below the following levels, the Council or the Department shall find the waste material is exempt based on the gamma pathway only:

(a) Standard 55-gallon steel drum: 18 uR/hr (above background) at one foot;

(b) Box (1.5H x 1W x 2L feet): 18 uR/hr (above background) at one foot.

(3) The Department may approve the use of exemption levels corresponding to container types other than those in section (2) to determine compliance if:

(a) The exemption levels for other container types are derived by the same computer model and assumptions used to calculate the exemption levels for the drum and the box in section (2);

(b) Measurements are made in compliance with subsections (1)(b) and (c);

(c) The contents of containers larger than a box or drum are uniformly mixed before readings are taken to determine compliance.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 3-1993, f. & cert. ef. 3-22-93
EFSC 2-1993, f. & cert. ef. 3-19-93

345-050-0038
Water Pathway Exemption Interpretive Rule

(1) In determining compliance with OAR 345-050-0035 when considering release of effluents to water, the Council or the Department of Energy must find that the disposal in Oregon of waste materials containing naturally occurring radioactive materials (NORM) cannot result in effluents with annual average concentrations exceeding the values in Table 3 of this division. If effluent concentrations could exceed this limit, the Council or the Department shall find that the waste material is radioactive and require disposal in a licensed radioactive waste disposal site. To find the waste materials exempt, the Council or the Department must also find that the waste materials meet air and gamma (including radon release) pathway exemptions in OAR 345-050-0035. To determine compliance with the water pathway exemption in 345-050-0035, the following conditions apply:

(a) “Waste material” means the annual solid waste stream leaving a site for landfill disposal.

(b) At least four representative samples of the waste stream being evaluated must be tested using EPA Method 1312, “Synthetic precipitation leaching procedure” (SPLP). The resultant extractant must be analyzed for the radioactive constituents in the waste by a procedure of suitable accuracy and specificity that is approved by the Department.

(c) The results of the analysis of the extractant samples shall be compared to the values for concentrations in water above natural background shown in Table 3 of this division.

(2) The statistical results of the analyses of the SPLP extractants shall be reported to the Department.

(a) If the mean of the analytical results from the first sample set multiplied by a factor of 20 is greater than 50 percent of the value for the most restrictive isotope in Table 3 and the coefficient of variation (the standard deviation of the sample divided by the mean of the sample set) is greater than 0.25, an additional set of samples must be analyzed to better characterize the waste stream. This statistical evaluation and, if indicated, reanalysis must be made after each set of analyses. No more than 20 analyses are required to characterize the waste stream, but it must be shown that a good faith effort was made to analyze representative samples.

(b) If the mean of the analytical results from the first sample set multiplied by a factor of 20 is less than 50 percent of the value for the most restrictive isotope in Table 3, no further analyses are required.

(3) If the mean value from the analyses of the SPLP extractants for a single isotope multiplied by a factor of 20 exceeds the value in Table 3, the waste material is radioactive waste under Oregon law. If more than one radioactive isotope is present and the sum of the ratios of the individual concentrations of those isotopes multiplied by a factor of 20 to the values in Table 3 for those isotopes is greater than 1, the waste material is radioactive waste under Oregon law. See Note 1 in Table 3.

[ED. NOTE: Tables referenced are available from the agency.]

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 1-2007, f. & cert. ef. 5-15-07

345-050-0040
Standards for Waste Disposal Facilities

OAR 345-050-0040 through 345-050-0130 establish standards for disposal of radioactive waste. The Council shall apply the standards in deciding whether to issue a site certificate for the construction and operation of a waste disposal facility and its related or supporting facilities. If the Council adopts any additional standards, the Council shall do so sufficiently in advance of the close of testimony at a hearing on a site certificate to allow parties to address the standard or if after the close of testimony, in sufficient time to allow the parties an opportunity to supplement their testimony to offer evidence relating to the standard. The Council may use the standards established in OAR 345-050-0040 through 345-050-0130 and any standards adopted under this rule as well as other statutory and regulatory requirements of the Council and federal, state and local agencies in formulating site certificate conditions required by ORS 469.401.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525 & 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81

345-050-0050
Definitions

The definitions set out in ORS 469.300 apply in interpreting these standards, unless the context requires otherwise or unless a term is specifically defined in this rule. Additional definitions are:

(1) “Area” means all locations adjacent to a facility determined by the Council to be directly affected by a force of nature to the eventual detriment of site integrity.

(2) “500-year flood plain” means the extent of a 500-year flood.

(3) “Active fault” means a fracture along which rocks or soil on one side have been displaced with respect to rocks or soil on the other side in Holocene time (i.e., the most recent epoch of the Quaternary period, extending from the end of Pleistocene to the present). "Active fault zone" means an area of one or more active faults.

(4) “Mass movement” means ground surface instabilities that result in land sliding, flow, creep or any other instabilities found by the Council to threaten the integrity of the facility.

(5) “Director” means the Director of the Oregon Department of Energy.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
History:
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 4-1995, f. & cert. ef. 11-28-95
EFSC 1-1989, f. & cert. ef. 8-8-89
EFSC 9-1981, f. & ef. 12-28-81

345-050-0055
Mandatory Site Certificate Conditions

In addition to any other site certificate conditions the Council may impose under ORS 469.401, the Council shall impose site certificate conditions that require an applicant to design, build and operate a waste disposal facility in accordance with the design standards contained in OAR 345-050-060 and 345-050-0100 and in accordance with any representations the applicant makes in the plan submitted under OAR 345-050-0040 that address compliance with 345-050-0090, 345-050-0110, and 345-050-0130.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525 & 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81

345-050-0060
Site Suitability

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.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 2-2017, amend filed 10/18/2017, effective 10/18/2017
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 4-1995, f. & cert. ef. 11-28-95
EFSC 1-1989, f. & cert. ef. 8-8-89
EFSC 9-1981, f. & ef. 12-28-81

345-050-0070
Alternate Site

A person shall not locate a waste disposal facility at a site unless there is no available alternative site for disposal of such wastes:

(1) A site outside of Oregon is not available unless appropriate local, state and federal regulatory agencies have issued the necessary permits to allow present commercial use of the site for disposal of wastes of the nature produced by the applicant.

(2) A site is not available unless the Council finds it to be the best site reasonably available for the disposal of such wastes. In making this finding, the Council may rely on a report of possible sites provided by the applicant. If the Director or the Council finds the list to be deficient, the Council may consider additional sites. The applicant may either perform the additional site evaluations itself or elect to have the Director perform them. The applicant shall reimburse the Director for all costs of site evaluations done by the Director.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1989, f. & cert. ef. 8-8-89
EFSC 9-1981, f. & ef. 12-28-81

345-050-0075
Alternate Technology

A person shall not locate a waste disposal facility at a site un­less there is no available alternative disposal technology that would better protect the health, safety, and welfare of the public and the environment. In making this finding, the Council shall con­sider proven, demonstrated technology, including but not limited to existing hazardous waste and radioactive waste disposal site technologies.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1989, f. & cert. ef. 8-8-89

345-050-0090
Adjacent State Compatibility

A person shall not locate a waste disposal facility at a site un­less the person coordinates disposal of the type and amount of such wastes with the regulatory programs of adjacent states for dis­posal of such wastes. Coordination with the regulatory programs of adjacent states means that radioactive emissions from waste disposal facilities on or near Oregon boundaries comply with regulatory limits of the adjacent states.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81

345-050-0100
Release of Radioactivity

(1) A person shall not locate a waste disposal facility at a site un­less the facility is designed to contain radioactive releases. To is­sue a site certificate, the Council must find that the applicant has proposed to construct the site using methods that include, but are not limited to, construction of dikes, liners and covers, such that there can be no release of radioactive materials from the facility.

(2) To find that the proposed radioactive waste disposal facility is designed to contain radioactive releases, the Council shall con­sider measurements of natural background concentrations of radioactive materials near the facility. For the purpose of this rule, radioactive releases are contained if radiation levels and concentrations of radioactive materials are less than the upper statistical limit of background measurements measured before any waste is placed at the site. In making this finding, the Council shall consider statistical limits determined at the 99 percent confidence level.

(3) The applicant shall take samples to determine background from a minimum of four samples evenly spaced over a period of a year from each monitoring location of air, soil, groundwater and surface water. The applicant shall calculate the average of the mea­surements from each seasonal period and for each sample type to determine the background concentration. From year to year, the ap­plicant may average the values to increase the statistical base of mea­surements, but only within the same seasonal period. The ap­plicant shall use a sufficient number of monitoring locations to ac­curately characterize the area.

(4) After construction of the facility, the certificate holder shall determine compliance with release limits by statistically com­paring the average of sample measurements to the upper limit of the range of background values. The certificate holder shall make this determination by comparing measurements from individual locations to the established background levels. The certificate holder may average multiple samples from the same location to determine compliance with release limits, but only within the same seasonal period.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1989, f. & cert. ef. 8-8-89
EFSC 9-1981, f. & ef. 12-28-81

345-050-0110
Compatibility with Federal Programs

(1) A person shall not dispose of radioactive waste or uranium mine overburden at a site unless the disposal of the type and amount of such wastes is compatible with regulatory programs of the federal government for disposal of such wastes. Regulatory programs of the federal government refers to those programs that are formally adopted as federal laws or regulations but not to statements of policy or future intent.

(2) Commercial Disposal. To issue a site certificate, the Coun­cil must find that the disposal facility is designed to meet all ap­plicable federal and state standards for disposal of the type of ma­terial involved.

(3) CERCLA Cleanup. If the project is a remedial action undertaken under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for hazardous substances as that term is defined in 42 USC 9601, the person responsible for cleanup shall also comply with the applicable portions of CERCLA, 42 USC 9601 et. seq.:

(a) If disposal will occur off-site, the person responsible for cleanup shall transfer the waste to a facility that is in compliance with any legally applicable federal and state requirements, including but not limited to, those required by sections 3004 and 3005 of the Solid Waste Disposal Act, 42 USC 6924 and 6925, and with the Toxic Waste Disposal Act, 15 USC 260;

(b) If the person responsible for cleanup proposes to construct a disposal facility in connection with an on-site cleanup of hazardous substances, the the person responsible for cleanup must comply with those portions of OAR 345 divisions 50, 92 and 95 that are legally applicable or relevant and appropriate under the circumstances of the release or threatened release except as provided in 42 USC Section 9621(d)(4).

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 1-1989, f. & cert. ef. 8-8-89
EFSC 9-1981, f. & ef. 12-28-81

345-050-0120
Bonding and Financial Ability

(1) A person shall not locate a waste disposal facility at a site unless, if federal funding for remedial actions is not available, the applicant provides a surety bond in the name of the state in an amount determined by the Oregon Department of Energy to be sufficient to cover any costs of closing the site and monitoring it or providing for its security after closure and to secure performance of any site certificate condition.

(2) The applicant shall estimate the cost of closing the site, including the cost of the effort to comply with the site suitability requirements of OAR 345-050-0060 and the radioactive release limits of 345-050-0100. To determine the cost of monitoring the site, providing for its security after closure and, in the case of a facility with a site certificate, ensuring performance of site certificate conditions, the applicant shall base the estimate on the amount of investment principal that would be required to produce proceeds sufficient to provide for the cost of quarterly visits to the plant site by state regulatory agencies for inspections and environmental sampling.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-2007, f. & cert. ef. 5-15-07
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81

345-050-0130
Ability to Construct and Operate

A person shall not locate a waste disposal facility at a site un­less the person or firm proposing to dispose of the material has or can acquire the organizational, managerial, and technical expertise to construct, operate and retire the facility.

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.375
History:
EFSC 1-1999, f. & cert. ef. 3-5-99
EFSC 9-1981, f. & ef. 12-28-81