Okla. Admin. Code § 165:10-9-4 - Commercial recycling facilities
(a)
Scope. This Section shall cover the permitting, construction,
operation, and closure requirements for commercial recycling facilities. A
commercial recycling facility is a facility which is authorized by Commission
order to recycle materials defined as "deleterious substances " in OAC
165:10-1-2. Such substances must
undergo at least one treatment process and must be recycled into a marketable
product for resale and/or have some beneficial use. This definition does not
include the reuse of drilling mud (plug mud ) which was previously utilized in
drilling or plugging operations. This Section does not cover hydrocarbon
recycling /reclaiming facilities (see OAC
165:10-8-1 through
165:10-8-11) .
(b)
Application requirements for
facilities to recycle flowback water.
(1)
Who may apply. The applicant
for a commercial recycling facility shall be the owner of the land (or person
having a written firm option to purchase the land at the time the application
is filed) on which the proposed facility is to be located. If the land on which
the proposed facility is to be located is leased, both the owner and lessee of
the land shall be joint applicants.
(2)
Compliance with rules.
Before issuance of an order authorizing the commercial recycling facility , the
applicant shall comply with Commission Rules of Practice OAC
165:5-7-1,
165:5-7-35,
165:5-3-1, and this Section.
Subsequent to issuance of an order authorizing a commercial recycling facility
and prior to commencing construction of such facility , the applicant is
required to submit to the Conservation Division a recorded copy of a deed
reflecting that the applicant owns the land which is to be used for the
commercial recycling facility .
(3)
Exhibits. Two complete sets of all exhibits which shall be relied
upon by the applicant shall be submitted to the Pollution Abatement Department
of the Commission , pursuant to OAC
165:5-7-35. Those exhibits shall
include, but are not limited, to the following:
(A) A lithologic log of test borings,
identifying the subsurface materials encountered and the depth at which
groundwater was encountered pursuant to (d)(2)(D) of this Section.
(B) A topographic map of the commercial
recycling facility site.
(C) The
appropriate Soil Conservation Service (SCS) soil survey aerial photo and
legend.
(D) A detailed drawing of
the site, with complete construction plans drawn to scale by or under the
supervision of a registered professional engineer.
(E) A plan for closure of the facility , which
shall specifically state how all aspects of closure shall be accomplished,
including volume and fate of liquids and solids, earthwork to close any pit(s)
(including placement of stockpiled topsoil), and revegetation of the
site.
(F) An itemization of
projected hauling, closure , reclamation, maintenance, and monitoring
costs.
(G) A plan for post-closure
maintenance and monitoring which shall address maintenance of the site as well
as monitoring and plugging of wells. Exemption from the plugging of monitor
wells may be obtained upon written request and approval of the Manager of
Pollution Abatement.
(H) A plan for
operation which shall address the method(s) by which excess water will be
disposed.
(c)
Application requirements for recycling facilities designed for
deleterious substances other than flowback water.
(1)
Who may apply. The applicant
for a commercial recycling facility shall be the owner of the land (or person
having a written firm option to purchase the land at the time the application
is filed) on which the proposed facility is to be located. If the land on which
the proposed facility is to be located is leased, both the owner and lessee of
the land shall be joint applicants.
(2)
Compliance with rules.
Before issuance of an order authorizing the commercial recycling facility , the
applicant shall comply with Commission Rules of Practice OAC
165:5-7-1,
165:5-7-35,
165:5-3-1, and this Section.
Subsequent to issuance of an order authorizing a commercial recycling facility
and prior to commencing construction of such facility , the applicant is
required to submit to the Conservation Division a recorded copy of a deed
reflecting that the applicant owns the land which is to be used for the
commercial recycling facility .
(3)
Exhibits. Two complete sets of all exhibits which shall be relied
upon by the applicant shall be submitted to the Pollution Abatement Department
of the Commission pursuant to OAC
165:5-7-35. Those exhibits shall
include, but are not limited, to the following:
(A) A topographic map of the commercial
recycling facility site.
(B) The
appropriate Soil Conservation Service (SCS) soil survey aerial photo and
legend.
(C) A detailed drawing of
the site, with complete construction plans, which shall include, but not be
limited to, the location of any pits, staging areas and storm water retention
structures.
(D) A detailed
description of the recycling process and the types of deleterious substances
that will be recycled.
(E) A plan
for closure of the facility , which shall specifically state how all aspects of
closure shall be accomplished, including volume and disposition of liquids and
solids, earthwork to close any pit(s) (including placement of any stockpiled
topsoil), removal of all materials in staging areas, and revegetation of the
site.
(F) An itemization of
projected hauling, closure , reclamation, maintenance, and monitoring
costs.
(G) A plan for post-closure
maintenance and monitoring which shall address maintenance of the site as well
as monitoring and plugging of wells. Exemption from the plugging of monitor
wells may be obtained upon written request and approval of the Manager of
Pollution Abatement.
(d)
Restrictions.
(1)
Order required. No
commercial recycling facility shall be constructed, enlarged, reconstructed, or
used without a Commission order.
(2)
Site limitations.
(A) No commercial recycling facility shall be
constructed or used unless an investigation of the soils, topography, geology,
and hydrology conclusively shows that storage of deleterious substances and the
recycling of such substances at the site will not be harmful to groundwater,
surface water, soils, plants, or animals in the surrounding area. No commercial
recycling facility shall be constructed or used on or in an abandoned mine,
strip pit, quarry, canyon, or streambed.
(B) No commercial recycling facility shall be
constructed or used on any site that is located within a 100-year flood
plain.
(C) No commercial recycling
facility shall be constructed or used within a wellhead protection area (WPA)
as identified by the Wellhead Protection Program (
42 USC
Section 300h-7, Safe Drinking Water Act), or
within one mile of a public water well for which the WPA has not been
delineated.
(D) Pits shall not be
constructed or used at flowback water recycling facilities unless it can be
shown that there will be a minimum of 25 feet between the bottom of the pit(s)
and the groundwater level. To ascertain this and to demonstrate the subsurface
profile of the site, a minimum of three test borings (the exact number of
locations to be determined by the Pollution Abatement Department) shall be
drilled to a minimum depth of 25 feet below the proposed bottom(s) of the
pit(s) and into the first free water encountered. Perched water tables are not
considered for the purposes of this subparagraph. Test borings need not extend
deeper than 50 feet below the bottom(s) of the pit(s) if free water has not
been encountered before that depth. All boreholes converted to monitor wells
shall conform to (f)(14) of this Section. All boreholes not converted to
monitor wells shall be plugged from top to bottom with bentonite, cement,
and/or other method approved by the Pollution Abatement Department within 30
days of drilling completion.
(E) If
pits are not used in the operation of a commercial recycling facility , the
Manager of Pollution Abatement may require test borings to be drilled at the
site if data from monitor well boring(s) is insufficient to properly evaluate
the site.
(F) No commercial
recycling facility that is to use pits with a capacity in excess of 50,000
barrels shall be constructed or used within the following distances from the
city limits of an incorporated municipality unless previously authorized by
Commission order:
(i) Three miles if
population is 20,000 or less.
(ii)
Five miles if population is greater than 20,000.
(3)
Means of water disposal. No
commercial recycling facility shall be constructed or used unless the operator
can show that there will be an ongoing means of disposal of excess water
pursuant to (b)(3)(H) of this Section.
(e)
Surety requirements.
(1)
Agreement with Commission .
Any operator of a commercial recycling facility shall file with the Manager of
Document Handling for the Conservation Division an agreement to properly close
and reclaim the site in accordance with approved closure and reclamation
procedures upon termination of recycling operations due to abandonment,
shutdown, full pits, or other reason. The agreement shall be on forms available
from the Conservation Division and shall be accompanied by surety. The
agreement shall provide that if the Commission finds that the operator has
failed or refused to close the facility or take remedial action as required by
law and the rules of the Commission , the surety shall pay to the Commission the
full amount of the operator 's obligation up to the limit of the
surety.
(2)
Surety amount and
type. The Commission shall establish the amount of surety in the order
for the authority to construct, enlarge, or operate a commercial recycling
facility . The amount of surety shall be based on factors such as dimensions of
the facility and costs of closure , reclamation, monitoring, plugging of monitor
wells, any pit closure , trucking of any deleterious substances , remediation,
earth work, revegetation, etc. The amount may be subject to change for good
cause. Upon approved closure of a facility , the Manager of Pollution Abatement
may administratively reduce the surety requirement to an amount which would
cover the cost of monitoring the site and plugging the monitor wells. Surety
shall be maintained for as long as monitoring is required. The type of surety
shall be a corporate surety bond, certificate of deposit, irrevocable letter of
credit, or other type of surety approved for the facility by order of the
Commission . Any type of surety that expires shall be renewed prior to 30 days
before the expiration date.
(3)
Posting surety before permit is issued. An operator shall post
surety with the Commission on forms provided by the Manager of Document
Handling before a construction permit is issued, pursuant to (f)(1) of this
Section.
(f)
Construction requirements.
(1)
Permit required. Prior to constructing any commercial recycling
facility , the facility operator shall obtain a permit from the Manager of
Pollution Abatement. Application shall be made on Form 1014CR. For use of a
commercial recycling facility without a permit, the facility operator may be
fined up to $5,000.00.
(2)
Runoff water prohibited. No runoff water from surrounding land
surfaces shall be allowed to enter a commercial recycling facility .
(3)
Stockpiling of topsoil.
Prior to constructing any pit with a capacity in excess of 50,000 barrels
utilized in a commercial recycling facility , all topsoil within the top twelve
inches of soil on the site shall be stockpiled for use as the final cover at
the time of closure . The topsoil may be stockpiled in the outside slopes of the
berms, provided it is not used for structural purposes and can be readily
distinguishable from other soil materials at the time of closure . In cases
where topsoil is stockpiled in the berms, it shall be shown in the as-built
drawings pursuant to (f)(16) of this Section.
(4)
Monitoring by engineer.
Construction of any pit(s) with a capacity in excess of 50,000 barrels shall be
monitored by a registered professional engineer or an engineer-in-training
working under the supervision of a registered professional engineer (RPE) to
assure that approved design specifications and Commission rules are adhered to.
A minimum of six on-site visits to the site shall be made: two
pre-construction, two during the installation of the geomembrane liner , and two
post-construction. At least the post-construction on-site visit shall be made
by the RPE.
(5)
Maximum fluid
depth. Any pit utilized in a commercial recycling facility shall be
constructed in accordance with the maximum fluid or sediment depth specified in
the order authorizing the facility . Any pit shall have a minimum freeboard of
three feet.
(6)
Maximum
dimensions. Any pit utilized in a commercial recycling facility shall
not be constructed to dimensions greater than that approved in the order. Pit
dimensions shall be measured at the maximum allowable fluid level.
(7)
Geomembrane liners.
(A) Any pit utilized in a commercial
recycling facility must contain a geomembrane liner . The geomembrane liner
shall have a minimum thickness of 40 mil.
(B) Any geomembrane liner used in such pits
shall be chemically compatible with the type of substances to be contained in
the pit and shall have ultraviolet light protection.
(C) Any geomembrane liner shall be placed
over a specially prepared, smooth, compacted surface void of sharp changes in
elevation, rocks, clods, organic debris, or other objects.
(D) Any geomembrane liner shall be
continuous, although it may include welded or extruded seams, and the liner
must cover the bottom and interior sides of the pit entirely. Sewing of seams
is prohibited. The edges shall be securely placed in a minimum twelve inch deep
anchor trench around the perimeter of the pit.
(8)
Width of the crown. The
crown (top) of any berm of a pit with a capacity in excess of 50,000 barrels
utilized in a commercial recycling facility shall be a minimum of eight feet in
width.
(9)
Slopes. The
inside slope of any exterior berm (having fluid on one side) shall not be
steeper than 3:1 (horizontal to vertical) and the outside slope 2.5:1. The
slopes of any interior berm (having fluid on both sides) shall not be steeper
than 3:1.
(10)
Earthwork
compaction. All earthwork for pits with a capacity in excess of 50,000
barrels shall be compacted to achieve a minimum 90% Standard Proctor Density
and shall be applied in lifts where some method of bonding is achieved between
lifts, with each lift not to exceed eight inches prior to compaction.
(11)
Pipe installation. Any
pipe, tinhorn, culvert, or conduit in the berm between two adjoining pits shall
be placed so that there is a minimum of 36 inches between the top of the pipe,
tinhorn, culvert, or conduit and the lowest point in the top of the berm
separating the pits.
(12)
Splash pad. All pits utilized in commercial recyling facilities
which receive fluids directly from a truck shall have a splash pad at the point
where fluids are received unless a waiver is obtained from the Manager of
Pollution Abatement by showing that damage of the liner will not occur. The pad
must be constructed of materials and to the dimensions necessary to effectively
prevent the liner from eroding.
(13)
Fluid level marker. A
minimum of one stationary fluid level marker shall be erected in each pit or
cell as required by the Manager of Pollution Abatement. The marker shall be
erected in a location within the pit or cell where it can be easily observed.
The marker shall be of such design that the maximum fluid level at any time may
be clearly identified. Details of the proposed marker installation shall be
approved by the Manager of Pollution Abatement prior to installation. Markers
shall be installed under the supervision of a registered professional engineer,
licensed land surveyor, or other person approved by the Manager of Pollution
Abatement prior to installation.
(14)
Monitor wells. Monitor
wells must be installed in conjunction with every commercial recycling facility
as required by the Manager of Pollution Abatement. All pits utilized in
commercial recycling facilities shall have a minimum of three monitor wells
installed-one upgradient and two downgradient from the pit. The exact number
and location of monitor wells shall be approved by the Pollution Abatement
Department prior to installation. No monitor well shall be installed more than
250 feet from the toe of the outside berm of a pit, nor shall any existing
water well be used as a monitor well unless approved by the Manager of
Pollution Abatement. Monitor wells installed prior to the effective date of
this Section may be accepted by the Manager of Pollution Abatement if it can be
shown that they adequately monitor a site. All new monitor wells shall be
drilled to a depth of at least ten feet below the top of the first free water
encountered, and all monitor wells shall be drilled to a depth of at least ten
feet below the base of any pit. All new monitor wells shall be drilled and
completed by a licensed monitor well driller. If documentation is submitted to
the Manager of Pollution Abatement prior to drilling the monitor wells to show
that no free water will be encountered within 50 feet below the bottom of any
pit, the Manager of Pollution Abatement may require that monitor wells be
drilled to a lesser depth. All new monitor wells shall meet the requirements as
set out in rules established by the Oklahoma Water Resources Board, in addition
to the following requirements:
(A) A removable
and lockable cap shall be placed on top of the casing. The cap shall remain
locked at all times, except when the well is being sampled.
(B) Within 30 days of installation, specific
completion information, a diagram of the locations and numerical labeling for
all monitor wells shall be submitted to the Manager of Pollution
Abatement.
(15)
Leachate collection system. The commercial recycling facility
operator may elect to install a leachate collection system in lieu of monitor
wells if such system will adequately detect any leak from the facility . The
plan for the leachate collection system must be approved by the Manager of
Pollution Abatement prior to installation of the leachate collection
system.
(16)
As-built
drawing. A detailed, as-built drawing of the facility and monitor wells
or leachate collection system by or under the supervision of a registered
professional engineer shall be submitted to the Manager of Pollution Abatement
before operation of a facility utilizing pits with a capacity in excess of
50,000 barrels commences. Operators of facilities which do not utilize pits and
facilities utilizing pit(s) with a capacity of 50,000 barrels or less shall
submit to the Manager of Pollution Abatement as-built drawings prepared by a
qualified expert before operation of such facilities commence.
(17)
Liner certification. An
affidavit signed by the person who was responsible for installing any pit
liner , certifying that the liner meets minimum requirements and was installed
in accordance with Commission rules, shall be submitted to the Manager of
Pollution Abatement before operation of the facility commences. Supporting
documentation shall also be submitted, such as geomembrane liner specifications
from the manufacturer.
(18)
Facility approval. Acceptance of materials by a commercial
recycling facility shall not commence until a representative of the
Conservation Division has inspected and approved the facility .
(19)
Hydrologically sensitive
areas. If the proposed site is known to be located over a hydrologically
sensitive area , in addition to the foregoing construction requirements, the
additional requirements shall apply:
(A) The
total depth of any pit shall not exceed eight feet, and the total designed
fluid or sediment depth shall not exceed five feet.
(B) A minimum 60-mil geomembrane liner shall
be required.
(C) The Manager of
Pollution Abatement shall determine the minimum depth of all monitor
wells.
(g)
Operation and maintenance requirements.
(1)
Vegetative cover. Vegetative
cover shall be established on all areas of earthfill immediately after any pit
construction or during the first planting season if pit construction is
completed out of season. The cover shall be sufficient to protect those areas
from soil erosion and shall be maintained.
(2)
Fencing. All commercial
recycling facilities shall be completely enclosed by a fence at least four feet
in height. No livestock shall be allowed inside the fence.
(3)
Sign. A waterproof sign
bearing the name of the commercial recycling facility operator , legal
description, most current order number, and emergency phone number shall be
posted within 25 feet of the entrance gate to any commercial recycling facility
and shall be readily visible.
(4)
Site security. Acceptable materials can be received by a
commercial recycling facility only when there is an attendant on duty. All
sites shall be secured by a locked gate when an attendant is not on duty. A key
or combination to the lock shall be provided to the appropriate Field Inspector
for the purpose of carrying out inspections.
(5)
Fluid level. Deleterious
substances shall not be accepted into any pit unless the fluid level can be
maintained at an elevation no higher than the maximum level of the fluid level
marker.
(6)
Acceptable
materials.
(A) An operator of a
commercial recycling facility shall accept for recycling only those materials
defined as "deleterious substances " in OAC
165:10-1-2 and as authorized in
the order for the facility . Such substances must undergo at least one treatment
process and must be recycled into a marketable product for resale and/or have
some beneficial use.
(B) A sample
from each incoming load shall be collected, filtered (if necessary) and tested
as required by Commission order.
(C) The date, volume, source (generator),
type of material and test results of each load received shall be entered into a
log book. Supporting documentation such as any chemical analyses or D.O.T.
material safety data sheets concerning such loads shall also be maintained by
the operator . The log book and supporting documentation shall be available for
inspection by a representative of the Conservation Division of the Commission
at all times. Log books and supporting documentation shall be kept for a
minimum of five years after closure is completed.
(7)
Storage of deleterious
substances . A commercial recycling facility shall not store anything
other than deleterious substances as defined in OAC
165:10-1-2 and as authorized in
the order for the facility . The contents of each pit or cell at a facility
shall be sampled and analyzed by the operator at least once every six months
(during January and July) after operations commence. More frequent sampling may
be required by the Manager of Pollution Abatement. The following procedures
shall be used:
(A) The appropriate Pollution
Abatement Department representative shall be notified at least 24 hours in
advance of sampling to allow the representative an opportunity to witness the
sampling.
(B) Samples shall be
collected and handled by the operator according to procedures established by
the Manager of Pollution Abatement.
(C) If requested by a representative of the
Conservation Division , each composite sample shall be split and a sufficient
portion (approximately one pint) shall be properly labeled and delivered or
otherwise provided to the appropriate Conservation Division District Office or
Field Inspector.
(D) All samples
delivered to the laboratory shall be accompanied by a chain of custody
form.
(E) All composite samples
must be analyzed for constituents as required by Commission order by a
laboratory certified by the Oklahoma Department of Environmental Quality or
operated by the State of Oklahoma. Analysis of additional parameters may be
required, as determined by the Manager of Pollution Abatement.
(F) A copy of each analysis shall be
forwarded to the Pollution Abatement Department within 30 days of
sampling.
(8)
Oil
film.
(A) No pit utilized in a
commercial recycling facility shall contain an oil film covering more than one
percent of the surface area of the pit.
(B) The protection of migratory birds shall
be the responsibility of the operator . Therefore, the Conservation Division
recommends that to prevent the loss of birds, oil films be removed, or the
surface area of any pit be protected from access to birds. [See Advisory Notice
in OAC 165:10-7-3(c)
].
(9)
Aesthetics. All commercial recycling facilities shall be
maintained so that there is no junk iron or cable, oil or chemical drums, paint
cans, domestic trash, or debris on the premises.
(10)
Structural integrity. All
pits utilized in commercial recycling facilities shall be used, operated, and
maintained at all times so as to prevent the escape of their contents. All
erosion, cracking, sloughing, settling, animal burrows, or other condition that
threatens the structural stability of any earthfill shall be repaired
immediately upon discovery.
(11)
Monitor well and leachate collection system sampling. Sampling of
monitor wells or leachate collection systems shall begin prior to accepting any
deleterious substances into a new facility and within 30 days of completing the
drilling of monitor wells or installation of leachate collection systems on
existing facilities, and sampling shall be done at least once every six months
(during January and July) after operations commence until three years after
closure is completed. Sampling of greater frequency or duration may be required
by the Manager of Pollution Abatement. The following procedures shall be used:
(A) The appropriate Field Inspector shall be
notified at least 24 hours in advance of sampling to allow a Commission
representative an opportunity to witness the sampling.
(B) Samples shall be collected and handled by
the operator according to EPA-approved standards. (RCRA Groundwater Monitoring
Technical Enforcement Guidance Document, EPA, OSWER-9950.1, September 1986, pp.
99-107.)
(C) If requested by a
representative of the Conservation Division , a sufficient portion of each
sample (approximately one pint) shall be properly labeled and delivered or
otherwise provided to the appropriate Conservation Division District Office or
Field Inspector.
(D) All samples
delivered to the laboratory shall be accompanied by a chain of custody form.
The chain of custody form and sample analyses must be submitted to the
Conservation Division .
(E) All
samples must be analyzed for pH, chlorides and TDS by a laboratory certified by
the Oklahoma Department of Environmental Quality or operated by the State of
Oklahoma. Analysis of additional parameters may be required based on the
operation of the facility as determined by the Manager of Pollution
Abatement.
(F) A copy of each
analysis and a statement as to the depth to groundwater encountered in each
well or leachate collection system, or a written statement that no water was
encountered, shall be forwarded to the Pollution Abatement Department within 30
days of sampling.
(G) Monitor wells
shall be plugged in accordance with Oklahoma Water Resources Board
rules.
(12)
Prevention of pollution . All commercial recycling facilities shall
be used, operated, and maintained at all times so as to prevent pollution . In
the event of a nonpermitted discharge at or from a commercial recycling
facility , sufficient measures shall be taken to stop or control the loss of
materials, and reporting procedures in
165:10-7-5(c)
shall be followed. Any materials lost due to such discharge shall be cleaned up
as directed by a representative of the Conservation Division . For a willful
non-permitted discharge , the commercial recycling facility operator may be
fined up to $5,000.00.
(h)
Semiannual report. The
operator of any commercial recycling facility shall submit a report on Form
1014A to the Manager of Pollution Abatement by February 1 and August 1 of each
year.
(i)
Closure
requirements.
(1)
Notification. The Manager of Pollution Abatement shall be notified
in writing whenever a commercial recycling facility becomes inactive, is
abandoned, or operation of the facility ceases for any reason. A commercial
recycling facility may be considered to be inactive by the Commission if:
(A) The facility has been shut down by the
Commission because of a violation which results in the filing of an application
for an order to vacate the operator 's authority.
(B) The operator is unable to furnish
documentation to show that there has been receipt of deleterious substances to
be recycled at the facility during the previous twelve months.
(C) The authority to operate the facility has
been terminated by failure to comply with (k) of this
Section.
(2)
Time
limit. Closure of all commercial recycling facilities shall be commenced
within 60 days and completed within one year of cessation of operations,
pursuant to (1) of this subsection. In cases where extenuating circumstances
arise, one extension of six months may be administratively approved in writing
by the Manager of Pollution Abatement. Closure shall be in accordance with an
approved closure plan. A progress report shall be submitted to the Manager of
Pollution Abatement, every three months (during January, April, July, and
October) after cessation of operations until closure is completed.
(3)
Restrictive covenant. The
Manager of Pollution Abatement may require a restrictive covenant to be filed
with the County Clerk of the county in which a commercial recycling facility is
located. The document shall accurately describe the facility location and shall
specifically restrict the current or future landowners of the site from
puncturing the final cover of any pit utilized in a commercial recycling
facility or otherwise disturbing the site to the extent that pollution could
occur.
(4)
Penalty for
failure to meet closure requirements. An operator failing to meet the
closure requirements set out in this subsection may be fined up to
$1,000.00.
(j)
Additional requirements. The requirements set forth in this
Section are minimum requirements. Additional requirements may be made upon a
showing of good cause that an operator has a history of complaints for failure
to comply with Commission rules and regulations, the site has certain
limitations, or other conditions of risk exist.
(k)
Application to existing
facilities. Operators of facilities permitted or ordered prior to the
effective date of this Section must either comply with subsections (a), (d)(1),
(e), (f)(2), (f)(11), (f)(12), (f)(13), (f)(14), (f)(15), (g), (h), (i), (j)
and (m) of this Section or close such facilities within one (1) year of the
effective date of this Section. All commercial recycling facilities permitted,
but yet to be constructed as of the effective date of this Section, shall also
be subject to all of the construction requirements in subsection (f) of this
Section.
(l)
Variances. Except as otherwise provided in this Section, variances
from provisions of this Section may be granted for good cause by order after
application, notice, and hearing.
(m)
Compliance history. In the
event the Commission has evidence that an applicant for a commercial recycling
facility may not possess a satisfactory compliance history with Commission
rules, the Director of the Conservation Division may seek an order of the
Commission , issued after application, notice, and hearing, determining whether
the applicant should be authorized to operate such a facility .
Notes
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