1. (a) Subject to (b) below, the rules in this chapter shall apply to all facilities having an active life longer than 90 days, except:

   1. (1) Permit-exempt facilities as provided by Env-Sw 302.03;
   2. (2) Research and development permit facilities as provided by Env-Sw 312;
   3. (3) Emergency permit facilities as provided by Env-Sw 313; and
   4. (4) General permit facilities as provided by Env-Sw 308.

2. (b) A requirement in this chapter specifying the use of a particular material or procedure shall not apply if an alternative is approved by the department as a condition of the permit based on a demonstration by the applicant or permittee presented in a permit application, application for permit modification, or compliance report, as applicable, that:

   1. (1) The alternative material or procedure is functionally equivalent or superior in its protection of public health and the environment to the material or procedure specified by rule; and
   2. (2) The alternative is not prohibited by any other state rules or federal regulations applicable to the facility.
3. (c) The requirements in this chapter shall apply as the complement of the requirements in Env-Sw 1000 for all facilities, Env-Sw 1200 for permit-by-notification facilities, Env-Sw 400 through Env-Sw 800 as applicable based on the functional classification of the facility, and Env-Sw 900 as applicable based on the type of waste managed by the facility.

Source. #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2801.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34