R315-310-1. Applicability

  (1) The following solid waste facilities require a permit:

  (a) New and existing Class I, II, III, IV, V, VI, and coal combustion residual (CCR) Landfills and coal combustion residual surface impoundments;

  (b) Class I, II, III, IV, V, and VI Landfills that have closed but have not met the requirements of Subsection R315-302-3(7);

  (c) incinerator facilities that are regulated by Rule R315-306;

  (d) land treatment disposal facilities that are regulated by Rule R315-307; and

  (d) waste tire storage facilities.

  (2) Permits are not required for corrective actions at solid waste facilities performed by the state or in conjunction with the United States Environmental Protection Agency or in conjunction with actions to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or corrective actions taken by others to comply with a state or federal cleanup order.

  (3) The requirements of Sections R315-310-2 through 12 apply to each existing and new solid waste facility as indicated.

  (a) The Director may incorporate a compliance schedule for each existing facility to ensure that the owner or operator, or both, of each existing facility meet the requirements of Rule R315-310.

  (b) The owner or operator, or both, where the owner and operator are not the same person, of each new facility or expansion at an existing solid waste facility, for which a permit is required, shall:

  (i) apply for a permit according to the requirements of Rule R315-310;

  (ii) not begin the construction or the expansion of the solid waste facility until a permit has been granted; and

  (iii) not accept waste at the solid waste facility prior to receiving the approval required by Subsection R315-301-5(1).

  (4) A landfill may not change from its current class, or subclass, to any other class, or subclass, of landfill except by meeting all requirements for the desired class, or subclass, to include obtaining a new permit from the Director for the desired class, or subclass, of landfill.

  (5) Any facility that is in operation at the time that a permit is required for the facility by Subsection R315-310-1(a) and has submitted a permit application within six months of the date the facility became subject to the permit requirements of Subsection R315-310-1(a) may continue to operate during the permit review period but must meet all applicable requirements of rules R315-301 through 320 unless an alternative requirement has been approved by the Director.