7 Del. Admin. Code § 1302-265-H-265.140

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

Section 1302-265-H-265.140 - Applicability

(a) The requirements of §§ 265.142, 265.143 and 265.147 through 265.150 apply to owners or operators of all hazardous waste facilities, except as provided otherwise in this section or in § 265.1.

(b) The requirements of §§ 265.144 and 265.145 apply only to owners and operators of:

(1) Disposal facilities;

(2) Tank systems that are required under § 265.197 of these regulations to meet the requirements for landfills; and

(3) Containment buildings that are required under § 265.1102 to meet the requirements for landfills.

(c) States and the Federal government are exempt from the requirements of this subpart.

(d) The Secretary may replace all or part of the requirements of this subpart applying to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined in § 122.1 (c)(7)), where the Secretary:

(1) Prescribes alternative requirements for the regulated unit under §§ 265.90 (f) and/or 265.110(d), and

(2) Determines that it is not necessary to apply the requirements of this subpart because the alternative financial assurance requirements will protect human health and the environment.

(Amended August 29, 1988, August 1, 1995, August 23, 1999)

7 Del. Admin. Code § 1302-265-H-265.140