7 Del. Admin. Code § 1302-260-C-260.33

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

Section 1302-260-C-260.33 - Procedures for variances from classification as solid waste or to be classified as a boiler

The Secretary will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers:

(a) The applicant must apply to the Secretary for the variance. The application must address the relevant criteria contained in § 260.31 or § 260.32 of this part.

(b) The Secretary will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The Secretary will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at his discretion. The Secretary will issue a final decision after receipt of comments and after the hearing (if any).

(c) In the event of a change in circumstances that affect how a hazardous secondary material meets the relevant criteria contained in § 260.31 or § 260.32, upon which a variance has been based, the applicant must send a description of the change in circumstances to the Secretary. The Secretary may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or may require the facility to re-apply for the variance.

(d) Variances shall be effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities must re-apply for a variance. If a facility re-applies for a variance within six months, the facility may continue to operate under an expired variance until receiving a decision on their re-application from the Secretary.

(e) Facilities receiving a variance must provide notification as required by § 260.42 of these regulations.

(Amended November 21, 1985, July 23, 1996, August 21, 1997, January 1, 1999)

7 Del. Admin. Code § 1302-260-C-260.33

22 DE Reg. 678 (2/1/2019) (Final)