1. (a) Any person who accumulates or stores recyclable materials used for precious metal recovery in a manner that does not protect human health and the environment, as determined in accordance with 40 CFR 260.40, shall comply with Env-Hw 300, 500, 600, and 700, as applicable.

2. (b) For purposes of making a determination pursuant to (a), above, the department shall use the standards and procedures established in 40 CFR 260.40 and 40 CFR 260.41, with the following modifications:

   1. (1) “Regional administrator” or “administrator” shall mean the commissioner or designee;
   2. (2) “Subparts A, C, D, and E of part 262 of this chapter” and “part 262” as used in 40 CFR 260.41(a) shall mean Env-Hw 500, Env-Hw 600, and Env-Hw 700; and
   3. (3) “Parts 270 and 124 of this chapter” as used in 40 CFR 260.41(b) shall mean Env-Hw 300.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.05); ss by #14526, eff 2-28-26, EXPIRES: 2-28-36