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CHAPTER 1200-01-07

(Rule 1200-01-07-.02, continued)

  • (xxi)

    The burning of natural and untreated wood, landscaping wastes, landclearing wastes in either an air curtain destructor or by open burning.

  • (xxii)

    The beneficial use of waste, which does not constitute disposal, provided that upon request of the Commissioner, the generator demonstrates to the satisfaction of the Commissioner that such use is not detrimental to public health, safety, or the environment.

  • 4.

    The Commissioner may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility.

  • 5.

    No permit or other authorization shall be issued or renewed by the Division of Solid Waste Management pursuant to rule chapter 1200-01-07 until all fees and/or penalties owed by the applicant to the Division are paid in full, unless a time schedule for payments has been approved and all payments are current or contested fees or penalties are under appeal.

  • (c)

    Permits by Rule

    • 1.

      All permit by rule facilities shall keep any records that are required by these rules and a copy of its permit by rule authorization at the facility or at another location approved by the Department. Notwithstanding any other provision of this rule, and provided they are not excluded pursuant to part (b) 2 of this paragraph, the following classes of activities shall be deemed to have a permit by rule if the conditions listed are met:

  • (i)

    A processing facility, if:

    • (I)

      The operator complies with the notification requirement of part 2 of this subparagraph;


The facility is constructed, operated, maintained, and closed in such a manner as to minimize:


The propagation, harborage, or attraction of flies, rodents, or other disease vectors;

  • II.

    The potential for explosions or uncontrolled fires;

  • III.

    The potential for releases of solid wastes or solid waste constituents to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management agencies; and


The potential for harm to the public through unauthorized or uncontrolled access;



e facility has an artificial or natural barrier which completely

surrounds the facility and a means to control entry, at all times, through the gate or other entrances to the facility;


The facility, if open to the public, has clearly visible and legible signs at the points of public access which indicate the hours of operation, the general types of waste materials that either will or will not be

May, 2010 (Revised)


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