After December 31, 1986, no person shall dispose of any acute hazardous waste listed in 40 C.F.R. 261.33 (e), as amended, in this state unless the director of environmental protection determines, based upon information provided by the generator of the waste, that the waste:

1. (A) Cannot be treated and rendered nonhazardous, recycled, reclaimed, or destroyed by incineration or biological agents;
2. (B) Has been reduced to its lowest level of toxicity; and
3. (C) Has been completely encapsulated or is otherwise protected so as to eliminate its leaching potential.