8 CAR § 60-1002 – Material recycling facilities

(a) Exemption from permitting.
1. (1) In accordance with 8 CAR § 60-1001, MRFs are exempt from regulation under this subpart provided that the operation of the facility is consistent with the requirements of this section.
2. (2) Facilities that fail to comply with the requirements of this section shall be subject to permitting in accordance with Subpart 9 or 10 of this part, as applicable, and enforcement action in accordance with Subpart 15 of this part.
(b) Recovered materials only. MRFs shall be engaged solely in the storage, processing, and resale or reuse of recovered materials and the owner or operator must be able to demonstrate that substantially all of the incoming materials at the facility are sold, used, or reused within one (1) year.
(c) Conformance to district rules. The operation of the facility shall be in conformance with any existing regional solid waste management district rules or regulations pertaining to MRFs.
(d) Vectors, safety, and odors.
1. (1) The operation of the MRF and the storage and handling of all recovered materials shall be done in a manner that prevents the attraction, harborage, or breeding of insects, rodents, and other vectors, and to eliminate conditions which cause or may potentially cause:
  1. (A) Harm to the public health and the environment;
  2. (B) Safety hazards to individuals and surrounding property; and
  3. (C) Excessive odor problems, unsightliness, and other nuisances.
2. (2) In addition, the MRF shall be maintained in a neat and orderly appearance at all times through:
  1. (A) The control of blowing litter;
  2. (B) Proper storage of recyclables; and
  3. (C) Other measures as may be necessary to meet the requirements of this section.
(e) Control of environmental hazards. Recovered materials handled by the facility shall not be discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water by the owner or operator of the MRF such that the recovered materials, or any constituent thereof, may enter other lands or be emitted into the air or discharged into any waters, including ground waters, or otherwise enter the environment such that a threat of contamination in excess of applicable Division of Environmental Quality standards and criteria is caused.
(f) Hazardous waste handling prohibited.
1. (1) The recovered materials handled by the facility shall not be a hazardous waste as defined by division rules unless such handling is a part of a division-sanctioned household hazardous waste collection program.
2. (2) Handling and disposal of such household hazardous wastes shall be in accordance with Hazardous Waste Management, 8 CAR pt. 81.