1. A. Facilities that recycle hazardous waste shall be exempt from subsection C of Sections 2-7-113 and 2-7-113.1, and Section 2-7-115 of this title with regard to those units exclusively used in the recycling process. Off-site hazardous waste recycling facilities are subject to the requirements specified by the Oklahoma Hazardous Waste Management Act, the Oklahoma Environmental Permitting Act, and rules promulgated thereunder, for a permit, and shall also meet design standards as promulgated by the Board. Such recycling facilities which were in existence on July 1, 1990, may but shall not be required to file a permit application pursuant to the provisions of the Oklahoma Hazardous Waste Management Act. A permit modification is not required for a permitted recycling facility to use new, improved, or better methods of recycling if the Department has approved the plans as being environmentally acceptable. An approved class 1 permit modification shall be required for a permitted recycling facility to increase the capacity of its recycling units or add new or different recycling units.
2. B. No hazardous waste having a heating value less than five thousand (5,000) British Thermal Units per pound shall be burned as fuel in any unit in this state permitted as a hazardous waste recycling unit.
3. C. No owner or operator of any unit in this state permitted as a hazardous waste recycling unit shall burn as fuel in such unit any substance which the owner or operator knows, or should know, contains hazardous waste which has a heating value of less than five thousand (5,000) British Thermal Units per pound which has been blended with other materials or wastes and produces a hazardous waste fuel with a heating value equal to or exceeding five thousand (5,000) British Thermal Units per pound.

Laws 1990, HB 2050, c. 296, § 6, emerg. eff. July 1, 1990; Amended by Laws 1991, SB 28, c. 173, § 12; Amended by Laws 1992, SB 891, c. 403, § 34, eff. September 1, 1992; Amended by Laws 1993, HB 1002, c. 145, § 101, emerg. eff. July 1, 1993; Renumbered from 63 O.S. § 1-2014.2 by Laws 1993, HB 1002, c. 145, § 359, emerg. eff. July 1, 1993; Amended by Laws 1993, SB 361, c. 324, § 30, emerg. eff. July 1, 1993; Amended by Laws 1994, SB 832, c. 353, § 22 (repealed by Laws 1995, HB 1012, c. 1, § 40, emerg. eff. March 2, 1995); Amended by Laws 1994, SB 997, c. 373, § 24, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1012, c. 1, § 8, emerg. eff. March 2, 1995; Amended by Laws 1995, SB 247, c. 285, § 6, emerg. eff. July 1, 1995.