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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

  • 1.

    In addition to the conditions required in all permits (subparagraph (a) of this paragraph), the Commissioner shall, as required on a case-by-case basis, establish conditions in permits pursuant to this subparagraph.

  • 2.

    Each permit shall include such terms and conditions as the Commissioner determines are:

  • (i)

    Necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in this rule chapter, (Note: In satisfying this provision, the Commissioner may incorporate applicable requirements of these rules directly into the permit or establish other permit conditions that are based on these rules.); and

  • (ii)

    Otherwise necessary to protect human health and the environment.

3.

An applicable requirement is a state statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. Subparagraph (3)(h) of this rule provides a means for reopening permit proceedings at the discretion of the Commissioner when applicable new requirements become effective during the permitting process and are of sufficient magnitude to make

additional proceedings desirable.

An applicable requirement is also

requirement which takes effect prior to the modification reissuance of a permit, to the extent allowed in paragraph (5)

or revocation of this rule.

any and

    • 4.

      All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

  • (c)

    Duration of Permits - Permits shall be effective for the operating life of the facilities.

  • (d)

    Effect of a Permit

    • 1.

      A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in paragraph (5).

  • 2.

    The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

  • 3.

    The issuance of a permit does not authorize the permittee to injure persons or property or to invade other private rights, or to violate any local law or regulations.

  • (5)

    Transfer, Modification, Revocation and Reissuance, and Termination of Permits

    • (a)

      Transfer of Permits

1.

A permit may be transferred by the permittee to a new operator only if the permit has been modified or revoked and reissued (under subparagraph (b) of this paragraph) to identify the new permittee and incorporate such other requirements (e.g., financial requirements) as may be necessary under the Act or this rule. A permit transfer may be performed as a minor modification, but does require the preparation and issuance of a public notice.

2.

(i)

For the purpose of this rule chapter, the “owner or operator” of a processing, storage or disposal facility has the ultimate responsibility for the operation of the facility, including the final authority to make or control

May, 2010 (Revised)

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