Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-124-A-124.3 - Application for a Permit(a)(1) Any person who requires a permit under the hazardous waste program shall complete, sign, and submit to the Secretary an application for hazardous waste permit.(2) The Secretary shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. (3) Permit applications must comply with the signature and certification requirements of Part 122. (c) The Secretary shall review for completeness every application. Each application for a hazardous waste permit submitted by a new HWM facility should be reviewed for completeness by the Secretary within 30 days of its receipt. Each application for a hazardous waste permit submitted by an existing HWM facility (both Parts A and B of the application), should be reviewed for completeness within 60 days of receipt. Upon completing the review, the Secretary shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Secretary shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Secretary shall specify in the notice of deficiency a date for submitting the necessary information. The Secretary shall notify the applicant that the application is completed, upon receiving this information. After the application is complete, the Secretary may request additional information from an applicant but only when necessary to clarify, modify or supplement previously submitted material. Requests for such additional information will not render an application incomplete. (d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision.(e) If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, he or she shall notify the applicant and a date shall be scheduled. (f) The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided in paragraph (c) of this section.(g) For each application from a major new HWM facility, the Secretary shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Secretary intends to: (1) Prepare a draft permit;(3) Complete the public comment period, including any public hearing; and(4) Issue a final permit.7 Del. Admin. Code § 1302-124-A-124.3