1. (a) During construction of a facility not subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that:

   1. (1) The change(s) does not violate any siting, design, operating, or closure requirement applicable to the facility; and
   2. (2) The change(s) is identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07.

2. (b) During construction of a facility which is subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that the project engineer:

   1. (1) Determines that all conditions specified in (c) below are met;
   2. (2) Fully documents the change in the bi-weekly construction report submitted to the department pursuant to Env-Sw 1104.07, or earlier whenever possible;
   3. (3) Establishes a record of the change(s) so as to allow the change to be identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07; and
   4. (4) Provides their signature and seal to approve the change.

3. (c) A design change shall be implemented pursuant to (b) above only if:

   1. (1) The change is not relevant to assessing facility siting criteria, including depth to bedrock or groundwater, and maintaining compliance therewith;
   2. (2) The design change does not include an increase in facility capacity or a change in the permitted vertical or lateral limits of the facility;
   3. (3) The design change is functionally equivalent or superior to the design feature being changed;
   4. (4) Other than the fact that the change is not explicitly part of the approved plans and specifications, the change complies with all applicable rules and regulations and all terms and conditions of the permit;
   5. (5) The change does not require any change to the facility’s approved operating, closure, and financial assurance plans; and
   6. (6) The change does not involve the use of waste-derived products not certified for distribution and use pursuant to Env-Sw 1500.
4. (d) For a facility which is subject to Env-Sw 1104.06, a change to the approved plans or specifications which does not meet the conditions specified in (c) above shall be authorized only by issuance of a permit modification pursuant to the provisions of Env-Sw 315.

Source. #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.05); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34