R315-260-33. Procedures for Exclusion from Classification as a Solid Waste, for Reclassification as a Boiler, or for Non-waste Determinations

  The Director shall use the following procedures in evaluating applications for exclusion from classification as a solid waste, applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations.

  (a) The applicant shall apply to the Director for the exclusion, reclassification, or non-waste determination. The application shall address the relevant criteria contained in Sections R315-260-31, 32, or 34, as applicable.

  (b) The Director shall evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision shall be provided by newspaper advertisement or radio broadcast in the locality where the facility requesting the exclusion, reclassification, or non-waste determination is located. The Director shall accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at the Director's discretion. The Director shall issue a final decision after receipt of comments and after the hearing, if any.

  (c) In the event of a change in circumstances that affect how a hazardous secondary material meets the relevant criteria contained in Sections R315-260-31 or 34 upon which a exclusion determination or non-waste determination has been based, the applicant shall send a description of the change in circumstances to the Director. The Director may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the exclusion determination or non-waste determination or may require the facility to re-apply for the exclusion determination or non-waste determination.

  (d) Exclusion determinations and non-waste determinations shall be effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities shall re-apply for a exclusion determination or non-waste determination. If a facility re-applies for a exclusion determination or non-waste determination within six months, the facility may continue to operate under an expired exclusion determination or non-waste determination until receiving a decision on their re-application from the Director.

  (e) Facilities receiving a exclusion determination or non-waste determination shall provide notification as required by Section R315-260-42.