49-858. Interim use facilities; special
waste


A. A facility that is in operation on the effective date of best management
practices rules that are applicable to that facility and that are adopted by the director
pursuant to section 49-855 and that manages wastes designated as special waste pursuant
to this article for treatment, storage or disposal may continue to manage special waste
for treatment, storage or disposal if all of the following conditions are met:


1. Within sixty days after the effective date of adoption of the best management
practices that are applicable to the facility, the facility submits a notice to the
director that contains the following information:


(a) Facility name and mailing address.


(b) Legal description by township, range and section.


(c) Major design features.


(d) Type and volume of waste handled.


(e) Methods of waste management.


(f) Measures taken to protect the environment and measures taken to protect public
health.


(g) A summary of permits from city, county, state and federal agencies.


2. The facility files an application containing the information required in section
49-857, subsection B within one hundred eighty days of the adoption of best management
practices.


B. A generator may treat, store or dispose of special waste at a facility that is
managed or operated by that generator and that is in operation on July 3, 1991 if the
same conditions prescribed in subsection A of this section are met.


C. The process for plan approval and disapproval shall conform to section
49-857.01.


D. The director shall collect from the applicant a reasonable fee based on the
state's total costs in processing the application. The director may amend an existing
rule or adopt a new rule to establish criteria for those costs.