7 Del. Admin. Code § 1302-122-A-122.4

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-A-122.4 - Effect of a permit

(a)

(1) Compliance with a State hazardous waste permit during its term constitutes compliance, for purposes of enforcement, with 7 Del.C., Chapter 63 except for those requirements not included in the permit which:

(i) Become effective by statute;

(ii) Are promulgated under Part 268 of these regulations restricting the placement of hazardous wastes in or on the land;

(iii) Are promulgated under Part 264 of these regulations regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of Section 122.42 Class 1^* permit modifications; or

(iv) Are promulgated under Subparts AA, BB, or CC of Part 265 of these regulations limiting air emissions.

(2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in §§ 122.41 and 122.43, or the permit may be modified upon the request of the permittee as set forth in § 122.42.

(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

(Amended August 1, 1995, January 1, 1999)

7 Del. Admin. Code § 1302-122-A-122.4

15 DE Reg. 862 (12/01/11)