PART III. HAZARDOUS WASTE CONTROL

 

§342J-30  Prohibition.  (a)  No person,including any federal agency, the State, or any of its political subdivisions,shall own, operate, or construct a hazardous waste management facility withoutfirst securing a permit issued by the director.  In addition, no person shalltreat, store or dispose of hazardous waste at an unpermitted hazardous wastemanagement facility, unless otherwise permitted by law.

(b)  Any person who:

(1)  Owns or operates a facility required to have apermit under this section which was in existence on November 19, 1980, orwas in existence on the effective date of statutory or regulatory changes underRCRA that were made prior to the effective date of the first rules adoptedunder this chapter, and that rendered the facility subject to the requirementto have an RCRA permit, or is in existence on the effective date of statutoryor regulatory changes under this chapter that are made after the effective dateof the first rules adopted under this chapter and that render the facilitysubject to the requirement to have a permit under this section;

(2)  Has complied with the requirements of section3010(a) of RCRA, 42 United States Code §6930(a), or section 342J-6.5; and

(3)  Has made an application for a permit undersection 3005 of RCRA, 42 United States Code §6925, or section 342J-5;

shall be treated as having been issued a permituntil final administrative disposition of an application has been made unlessthe director proves that final administrative disposition of the applicationhas not been made because of the failure of the applicant to furnishinformation reasonably required or requested in order to process thatapplication.  The facilities shall be deemed to have interim status.  Thissubsection shall not apply to any facility which has been previously denied apermit under section 3005 of RCRA, 42 United States Code §6925 or section342J-5 or if authority to operate the facility under section 3005 of RCRA, 42United States Code §6925 or this section has been previously terminated.

(c)  The director shall have the authority topublish schedules for the submission of permit applications and otherinformation reasonably required and or requested in order to process thatapplication.  Failure to comply with such schedules shall be a basis forautomatic termination of interim status. [L 1989, c 212, pt of §5; am L 1991, c259, §14; am L 1992, c 154, §1; am L 1993, c 267, §2]