In addition to any other requirements, a permit may not be issued under this chapter for the construction or operation of a hazardous waste facility to be used for the incineration of PCB or for an ancillary facility required by the incineration process unless the person applying for the permit has demonstrated all of the following:

1. (1) That the destruction or treatment technology to be used at the proposed hazardous waste facility has been in operation:

   1. (A) at a facility that is equivalent to the proposed hazardous waste facility; and

   2. (B) for a time sufficient to demonstrate that:

      1. (i) ninety-nine and nine thousand nine hundred ninety-nine ten thousandths percent (99.9999%) of the PCB processed at the equivalent facility has been destroyed; and
      2. (ii) a hazardous substance has not been released into another solid, liquid, or gaseous substance by the destruction or treatment technology used in the incineration process.

2. (2) That monitoring data from an equivalent hazardous waste facility demonstrates that there are no releases from the equivalent facility that alone or in combination with another substance present a risk of any of the following:

   1. (A) An acute or a chronic human health effect.
   2. (B) An adverse environmental effect.

3. (3) That a plan to:

   1. (A) provide sufficient training, coordination, and equipment for state and local emergency response personnel needed to respond to possible releases of harmful substances from the proposed hazardous waste facility or ancillary facility; and

   2. (B) evacuate persons in the geographic area at risk from the worst possible release of:

      1. (i) the PCB; or

      2. (ii) a substance produced in the destruction or treatment of the PCB;

         from the proposed hazardous waste facility or ancillary facility;

         has been funded and developed.

         [Pre-1996 Recodification Citation: 13-7-8.5-11.3.]

As added by P.L.1-1996, SEC.12.