Utah Admin. Code R315-260-33 - Procedures for Removal from Classification as a Solid Waste, for Reclassification as a Boiler, or for Non-waste Determinations
The Director shall use the following procedures in evaluating applications for removal from classification as a solid waste, applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations.
(a) The applicant shall apply to the Director
for the removal, reclassification, or non-waste determination. The application
shall address the relevant criteria contained in Sections
R315-260-31,
32, or 34, as applicable.
(b) The
Director shall evaluate the application and issue a draft notice tentatively
granting or denying the application. Notification of this tentative decision
shall be provided by newspaper advertisement or radio broadcast in the locality
where the facility requesting the removal, reclassification, or non-waste
determination is located. The Director shall accept comment on the tentative
decision for 30 days, and may also hold a public hearing upon request or at the
Director's discretion. The Director shall 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 Sections
R315-260-31
or 34 upon which a removal determination or non-waste determination has been
based, the applicant shall send a description of the change in circumstances to
the Director. The Director may issue a determination that the hazardous
secondary material continues to meet the relevant criteria of the removal
determination or non-waste determination or may require the facility to
re-apply for the removal determination or non-waste determination.
(d) Removal determinations and non-waste
determinations 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 shall re-apply
for a removal determination or non-waste determination. If a facility
re-applies for a removal determination or non-waste determination within six
months, the facility may continue to operate under an expired removal
determination or non-waste determination until receiving a decision on their
re-application from the Director.
(e) Facilities receiving a removal
determination or non-waste determination shall provide notification as required
by Section
R315-260-42.
Notes
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