R 299.9803 Recyclable materials utilized for precious metals recovery.

Rule 803. (1) The requirements of this rule apply to recyclable materials that are reclaimed to recover economically significant amounts of any of the following elements: (a) Gold. (b) Silver. (c) Platinum. (d) Palladium. (e) Iridium. (f) Osmium. (g) Rhodium. (h) Ruthenium. (i) Any combination of the elements listed in subdivisions (a) to (h) of this subrule. (2) Persons that generate, transport, or store recyclable materials that are regulated under this rule are subject to the following requirements: (a) For generators, the identification number requirements of R 299.9308 and manifest requirements of R 299.9309. (b) For transporters, the requirements of part 4 of these rules. (c) For persons that store, the manifest requirements of R 299.9608. (d) For persons that export precious metals to, or import precious metals from, designated OECD member countries for recovery, the requirements of R 299.9314 and 40 CFR 265.12(a)(2). (e) For persons that export precious metals to, or import precious metals from, non-OECD member countries for recovery, the requirements of R 299.9314. (3) Persons that store recyclable materials that are regulated under this rule shall keep all the following records to document that the storage does not constitute speculative accumulation: (a) Records showing the volume of these materials stored at the beginning of the calendar year. (b) The amount of these materials generated or received during the calendar year. (c) The amount of these materials remaining at the end of the calendar year. (4) Recyclable materials that are regulated under this rule and that are accumulated speculatively are subject to all applicable provisions of these rules. (5) The director may decide, on a case-by-case basis, that persons accumulating or storing recyclable materials from which precious metals are reclaimed shall be regulated under R 299.9206(1). The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained or because the materials being accumulated or stored together are incompatible. In making this decision, the director shall consider all the following factors: (a) The types of materials accumulated or stored and the amounts accumulated or stored. (b) The methods of accumulation or storage. (c) The length of time the materials have been accumulated or stored before being reclaimed. (d) Whether any contaminants are being released into the environment or are likely to be so released. (e) Other relevant factors. (6) The director shall use the following procedures when determining whether to regulate hazardous waste recycling activities involving recyclable materials from which precious metals are reclaimed under R 299.9206(1) rather than under subrules (1) to (4) of this rule: (a) If a generator is accumulating the waste, the director shall issue a notice setting forth the factual basis for the decision and stating that the person shall comply with part 3 of these rules. The notice becomes final after 30 days unless the person served contests the decision under act 306. As part of the appeal procedure under act 306, the director shall hold a public hearing, provide notice of the public hearing, and allow public participation at the hearing. After the appeal procedures of act 306 are completed, the director shall issue a final order stating if compliance with part 3 of these rules is required. The order becomes effective 30 days after service of the decision, unless the director specifies a later date or unless review by the director is requested. The order may be appealed to the director by any person that participated in the public hearing. The director may choose to grant or to deny the appeal. Final action occurs when a final order is issued and appeal procedures under act 306 are exhausted. (b) If the person accumulating the recyclable material is a storage facility, then the notice must state that the person shall obtain an operating license in accordance with all applicable provisions of part 5 of these rules. The owner or operator shall apply for an operating license within not less than 60 days and not more than 6 months of notice, as specified in the notice. If the owner or operator wishes to contest the director's decision under act 306, then the owner or operator may do so in the license application, in a public hearing held on the draft license, or in comments filed on the draft license or in the notice of intent to deny the license. The fact sheet accompanying the license must specify the reasons for the director’s determination. The question of whether the director’s decision was proper remains open for consideration during all public comment periods and hearings.