7 Del. Admin. Code § 1302-122-G-122.70

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

Section 1302-122-G-122.70 - Qualifying for Interim Status

(a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under 7 Del.C., Chapter 63 that render the facility subject to the requirement to have a Hazardous Waste permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has:

(1) Complied with the requirements of 7 Del.C., Section Section 6304, 6306, and 6307 pertaining to notification of hazardous waste activity.

[Comment: Some existing facilities may not be required to file a notification under 7 Del.C., Section Section 6304, 6306, and 6307. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.]

(2) Complied with the requirements of Section 122.10 governing submission of Part A applications;

(b) When DNREC determines on examination or re-examination of a Part A application that it fails to meet the standards of these regulations, it may notify the owner or operator that the application is deficient and that the owner or operator is therefore not entitled to interim status. The owner or operator will then be subject to DNREC enforcement for operating without a permit.

(c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a hazardous waste permit or if authority to operate the facility under 7 Del.C., Chapter 63 has been previously terminated.

(Amended May 8, 1986)

7 Del. Admin. Code § 1302-122-G-122.70