24.0840 Treatment, storage and disposal facilities.

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(a) An owner or operator of a facility which receives hazardous waste for treatment, disposal, or storage for periods in excess of thirty (30) days shall register with the Administrator of the USEPA and comply with the requirements set forth in 40 CFR part 264, which are hereby incorporated by reference in these standards and regulations.

(b) Manifested shipments of hazardous wastes may be stored in a transfer facility for periods no longer than thirty (30) days, provided the temporary facility complies with 24.0810 and 24.0822 and:

(1) Each container is clearly marked to identify its contents and the date the temporary storage period began;

(2) Owners and operators of such facilities comply with the operating record requirements set forth in 40 CFR 264.73 or 265.73 and store the containers in accordance with the requirements of 24.0824(e); and

(3) such facilities prepare and maintain the emergency response plan required under section 24.0821 of these standards and regulations.

(c) The following hazardous wastes which are recycled as follows are not “disposed” for purposes of these rules:

(1) Hazardous wastes burned for energy recovery in boilers, industrial furnaces and electric generators, provided:

(A) such wastes are considered to be hazardous solely because they possess the characteristic of ignitability; or

(B) such wastes are considered hazardous because the wastes to be burned are a product of mixing in which the hazardous constituent appears in analysis to be insignificant and not to pose a threat to public health and safety and the environment when burned.

(2) Used oil that exhibits one or more of the characteristics of hazardous waste and is burned for energy recovery in boilers, incinerators, and electrical generators.

(3) Recyclable materials from which precious metals are reclaimed.

(4) Spent lead acid batteries that are reclaimed.

History: Rule 02-01, eff 30 Aug 01.