R315-270-70. Hazardous Waste Permit Program -- Qualifying for Interim Status

  (a) Any person who owns or operates an "existing hazardous waste management facility" or a facility in existence on the effective date of statutory or regulatory amendments under the State or Federal Act that render the facility subject to the requirement to have a hazardous waste permit shall have interim status and shall be treated as having been issued a permit to the extent the owner or operator has:

  (1) Complied with the requirements of section 3010(a) of RCRA pertaining to notification of hazardous waste activity or the notification requirements of Rules R315-260 through 266, 268 and 270.

  Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting Subsection R315-270-70(a)(2).

  (2) Complied with the requirements of Section R315-270-10 governing submission of part A applications;

  (b) Failure to qualify for interim status. If the Director has reason to believe upon examination of a part A application that it fails to meet the requirements of Section R315-270-13, the Director shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for the Director's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the owner or operator's part A application. If, after such notification and opportunity for response, the Director determines that the application is deficient the Director may take appropriate enforcement action.

  (c) Subsection R315-270-70(a) shall not apply to any facility which has been previously denied a hazardous waste permit or if authority to operate the facility under Federal or State authority has been previously terminated.