R315-260-41. Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities

  The Director shall use the following procedures when determining whether to regulate hazardous waste recycling activities described in Subsection R315-261-6(a)(2)(iii) under the provisions of Subsection R315-261-6(b) and (c), rather than under the provisions of Section R315-266-70.

  (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 the applicable requirements of Sections R315-262-10 through 12, R315-262-30 through 34, R315-262-40 through 44, and R315-262-50 through 58. The notice shall become final within 30 days, unless a request for agency action is made under the requirements of the Administrative Procedures Act.

  (b) If the person is accumulating the recyclable material as a storage facility, the notice will state that the person shall obtain a permit in accordance with all applicable provisions of Rule R315-270 and 124. The owner or operator of the facility shall apply for a permit within no less than 60 days and no more than six months of notice, as specified in the notice. If the owner or operator of the facility wishes to challenge the Director's decision, he may do so in in accordance with the Administrative Procedures Act.