Solid Waste Disposal Site Permits

Under the Agricultural Use Exclusion, certain wastes used in agricultural operations – including growing crops, raising livestock and fowl and some other uses - are excluded from regulation as solid waste. Typical waste materials and uses are:
 
  • waste water sludges and crop residues applied to land as soil amendments
  • industrial food processing wastes and spent brewery grains fed to livestock
  • wood wastes, straw and yard debris used as livestock bedding
The exclusion, which dates to the early 1970s, prevents the regulation of agricultural operations as solid waste management facilities. In the more than four decades since the exclusion was adopted, agricultural operations have found many productive uses for materials once considered waste.
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Statute and rule language

The definition of “solid waste” does not include:
ORS 459.005(24)(b): Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.
 
OAR 340-093-0030(91)(b): Materials used for fertilizer, soil conditioning, humus restoration, or for other productive purposes or which are salvageable for these purposes and are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, provided the materials are used at or below agronomic application rates. 
In June 2016, DEQ convened a diverse group of stakeholders to provide a forum to develop a common understanding of this exclusion and to identify issues needing further analysis, discussion and resolution. Stakeholder discussion, comments and suggestions provided valuable perspective and a better understanding of the exclusion among stakeholders. In May 2017, DEQ and the Department of Agriculture agreed to a Memorandum of Understanding relating to procedures for mutual cooperation, coordinating agency authority and coordinating investigations of agricultural uses of materials

Contact

If you are interested in finding out more about this issue, please contact the Project Manager, Bob Barrows at 541-687-7354. 

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