Section 1-5 - One-Time or Emergency Waste Management Authorizations (a) Authorization application procedure: - (i) This section applies to emergency situations, spilled solid wastes and residues from uncontrolled releases. This section does not apply to the land disposal of municipal solid wastes, mixed wastes, hazardous wastes or actions completed under either a hazardous waste permit or a hazardous waste corrective action order.
- (ii) The Administrator may choose to issue a one-time or emergency waste management authorization in lieu of the permits specified in Chapter 1, Section 2. This type of waste management authorization shall only be considered under the following conditions:
- (A) The proposed waste management activity shall be a single occurrence of limited duration.
- (B) The applicant documents that other waste management and/or reuse options were thoroughly investigated and that no other reasonable alternatives had been identified.
- (C) The proposed waste disposal site would meet the applicable location standards specified in Chapter 3, or 4 of these rules and regulations or the proposed waste management site would meet the applicable location standards specified in Chapter 8 of these rules and regulations.
- (D) The proposed waste management activity would not present a significant threat to public health or the environment.
- (E) The waste management activity would result in de minimis impacts which would not warrant the initiation of public participation procedures.
- (F) The total waste disposal area would be no more than one (1) acre.
- (G) The applicant can document that permission has been obtained from the landowner to manage the materials at the proposed waste management location, if that location is not owned by the applicant.
- (H) The applicant commits to promptly record a notarized notice with the county clerk, in the county where the facility is located, which adequately describes the location, nature and extent of any waste disposal activity.
- (iii) Three (3) complete paper copies and one complete electronic copy of the waste management authorization request shall be submitted unless an alternative is approved by the Administrator. The request shall be organized in a three ring binder and the information presented in an order that conforms to the relevant application requirements section of these rules and regulations, unless the Administrator approves an alternate format for the organization of the request.
- (iv) The waste management authorization request shall document compliance with the conditions specified in subsection (a)(ii) of this section allowing for the Administrator's consideration of a one-time or emergency waste management authorization. The request shall contain information adequate to demonstrate compliance with the standards specified in the applicable chapter of these rules and regulations.
- (v) The waste management authorization request shall be reviewed by the Administrator within forty-five (45) days after submission.
(b) Authorization issuance: - (i) The Administrator may deny a one-time or emergency waste management authorization for any of the reasons specified in Section 4(a) of this Chapter. The Administrator may also deny a one-time or emergency waste management authorization if it is determined that the proposed waste management activity would not be subject to the provisions described in subsections (a)(i) and (a)(ii) of this section.
- (ii) If the waste management authorization request is determined to be complete and the request demonstrates compliance with the standards in the relevant application requirements section, a waste management authorization will be granted by the Administrator.
- (iii) The operator shall notify the Administrator following completion of authorized waste management activities. This notification shall be accompanied by site photographs adequate to demonstrate the site conditions following closure.
- (iv) The term of the waste management authorization shall be no longer than one (1) year unless, for good cause, the Administrator approves additional time.