1. (a) A permit-by-notification facility having an active life longer than 90 days shall comply with the requirements in Env-Sw 1100, with the following exceptions:

   1. (1) There shall be no requirement to submit final design plans and specifications for construction approval;

   2. (2) There shall be no requirement to submit an operating plan, provided that:

      1. a. A written operating plan which meets the requirements of Env-Sw 1105.11 is prepared prior to operating the facility;
      2. b. The operating plan is available for use by the certified operator(s) and for inspection by the department pursuant to Env-Sw 2000;
      3. c. The permittee submits in the permit application a signed statement which attests to the existence of the plan, and certifies that the plan meets the requirements of Env-Sw 1105.11; and
      4. d. The facility operates in compliance with the solid waste rules and the permit; and

   3. (3) There shall be no requirement to submit a closure plan, provided that:

      1. a. A written closure plan that meets the requirements of Env-Sw 1106.04 is prepared prior to operating the facility;
      2. b. The closure plan is available for use by the certified operator(s) and for inspection by the department pursuant to Env-Sw 2000;
      3. c. The permittee submits in the permit application a signed statement which attests to the existence of the plan, and certifies that the plan meets the requirements of Env-Sw 1106.04; and
      4. d. The facility closes in compliance with the solid waste rules and the permit.

2. (b) A non-landfill permit-by-notification facility having an active life longer than 90 days shall comply with the following:

   1. (1) Env-Sw 403 through Env-Sw 406, if the facility is a collection, storage, and transfer facility identified in Env-Sw 407;
   2. (2) Env-Sw 503 through Env-Sw 506, if the facility is a processing or treatment facility identified in Env-Sw 507 or a composting facility identified in Env-Sw 607 or an incinerator identified in Env-Sw 707;
   3. (3) Env-Sw 603 through Env-Sw 606, if the facility is a composting facility identified in Env-Sw 607; and
   4. (4) Env-Sw 703 through Env-Sw 706, if the facility is an incinerator identified in Env-Sw 707.

3. (c) A permit-by-notification landfill shall not be permitted to have an active life longer than 90 days unless:

   1. (1) The facility is located on publicly owned land;
   2. (2) The permittee is a government agency or unit or a political subdivision of the state; and
   3. (3) Vehicular access to the facility is physically restricted at all times when a certified operator is not present.

Source. #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24