R 299.9521 Operating license conditions.

Rule 521. (1) All operating licenses must contain all the following general conditions: (a) The general conditions contained in the provisions of 40 CFR 270.30, except 270.30(l)(1) and (8). For purposes of these conditions the word "licensee" replaces the word "permittee" and the term "part 111" replaces the term "RCRA." (b) The following additional conditions: (i) The licensee shall not initiate an enlargement, alteration, or expansion beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility without first obtaining an operating license for the expansion, enlargement, or alteration of an existing facility from the director. (ii) For a facility being modified, the licensee shall not treat, store, or dispose of hazardous waste in the modified portion of the facility until 1 of the following conditions is met: (A) The licensee has submitted, to the director, by certified mail or hand delivery, a letter signed by the licensee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the license and approved plans, and the director has inspected the modified facility and finds it complies with the conditions of the license. (B) Within 15 days of the date of submission of the letter in subparagraph (A) of this paragraph, the licensee has not received notice from the director of the director's intent to inspect, prior inspection is waived, and the licensee may commence treatment, storage, or disposal of hazardous waste. (iii) The licensee shall obtain the approval of the director by a modification to the license before transferring ownership or operation of the facility to another person. The new owner or operator shall not accept hazardous waste at the facility until the license modification has been issued by the director. (c) Other conditions determined to be necessary by the director to clarify procedures for license issuance, reissuance, modification, and revocation under act 306. (2) In addition to conditions required in all licenses, the director shall establish conditions on a case-by-case basis for all the following: (a) Compliance schedules, if applicable, consistent with the provisions of 40 CFR 270.33. (b) Requirements for recording and reporting monitoring results, as specified in the provisions of 40 CFR 270.31 and part 6 of these rules. (c) Duration of the license under R 299.9516. (d) Allowable waste types. (3) Each operating license under part 111 must include conditions necessary to do the following: (a) Achieve compliance with part 111 and these rules, including each of the applicable requirements of parts 6 and 8 of these rules. In satisfying this provision, the director shall incorporate applicable requirements of part 6 of these rules directly into the license or establish other conditions that are based on these requirements. For this subdivision, an applicable requirement is a statutory or regulatory requirement that takes effect before final administrative disposition of a license or any requirement that takes effect before the modification of a license under R 299.9519. (b) Protect human health and the environment. (c) If, as a result of an assessment or other information, the director determines that conditions are necessary in addition to those required under 40 CFR part 63, subpart EEE, or the applicable requirements of parts 6 and 8 of these rules to ensure protection of human health and the environment, the director shall include those terms and conditions in the operating license for a hazardous waste combustion unit. (4) New, reissued, and, to the extent allowed under R 299.9519, licenses must incorporate each of the applicable requirements referenced in this rule. (5) A condition of an operating license must 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 license. (6) The provisions of 40 CFR part 63, subpart EEE, 270.30, except 270.30(l)(1) and (8), 270.31, and 270.33 are adopted by reference in R 299.11003.