7 Del. Admin. Code § 1302-122-F-122.61

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

Section 1302-122-F-122.61 - Emergency Administrative Orders

(a) Notwithstanding any other provision of this part or Part 124, in the event the Secretary finds an imminent and substantial endangerment to human health or the environment the Secretary may issue a temporary emergency administrative order:

(1) to a non-permitted facility to allow treatment, storage, or disposal of hazardous waste or

(2) to a permitted facility to allow treatment, storage, or disposal of hazardous waste not covered by an effective permit.

(b) This emergency administrative order:

(1) May be oral or written. If oral, it shall be followed in five days by a written administrative order;

(2) Shall not exceed 90 days in duration;

(3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal;

(4) May be terminated by the Secretary at any time without process if he or she determines that termination is appropriate to protect human health and the environment;

(5) Shall be accompanied by a public notice published under Section 124.10 (b) including;

(i) Name and address of the office granting the emergency authorization;

(ii) Name and location of the permitted HWM facility;

(iii) A brief description of the wastes involved;

(iv) A brief description of the action authorized and reasons for authorizing it; and

(v) Duration of the administrative order; and

(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and Part 264.

(Amended January 1, 1999)

7 Del. Admin. Code § 1302-122-F-122.61