49-762.07. Notices; exemptions; extensions; enforcement; operating standards

A. Except as provided in subsection B of this section, owners or operators of solid waste facilities in operation on September 1, 1996 shall submit to the director by September 1, 1996 a notice that contains the following information:

1. Facility name and mailing address.

2. Legal description by township, range and section and county assessor's book, map and parcel number.

3. Description of waste storage and treatment equipment and methods of waste management, including types and volumes of waste handled and time the waste remains on site.

4. Description of waste management practices used at the facility including measures taken to protect the environment and to protect the public health.

5. A diagram of the property showing the location of the solid waste facility or facilities.

B. Notices filed with the department before September 1, 1996 are deemed to satisfy the notice requirement of subsection A of this section unless there has been a substantial change to the solid waste facility before the notice deadline. A solid waste facility that has obtained a plan approval or that has filed an application for plan approval before September 1, 1996 is exempt from the notice requirement of subsection A of this section. Owners or operators of solid waste facilities that begin operations after September 1, 1996 shall submit a notice to the director containing the information specified in subsection A of this section no later than thirty days before beginning operation of a solid waste facility. Owners and operators of recycling facilities shall not be required to submit a notice pursuant to subsection A of this section or this subsection until rules for recycling facilities are adopted pursuant to section 49-761, subsection K.

C. The department may grant an extension of up to sixty days beyond the September 1, 1996 deadline on receipt of a written request from the owner or operator of a solid waste facility.

D. A solid waste facility that does not submit a notice as prescribed by subsection A or B of this section is subject to the enforcement provisions of article 5 of this chapter.

E. In the absence of design and operating rules adopted by the director pursuant to section 49-761 for solid waste landfills that are not municipal solid waste landfills, owners and operators of solid waste landfills that are not municipal solid waste landfills and that do not have coverage under an applicable general permit established by the department pursuant to section 49-706 shall comply with the provisions of 40 C.F.R. part 257.

F. In the absence of design and operating rules adopted by the director pursuant to section 49-761 for solid waste facilities other than solid waste landfills, owners and operators shall operate those facilities in a manner that:

1. Controls wind dispersion and other surface dispersion of solid waste from the facility so that the solid waste does not create a public nuisance or pose an imminent and substantial endangerment to public health or the environment. Visible solid waste that is dispersed beyond the boundaries of the solid waste facility shall be collected on a regular basis by the operator of the solid waste facility.

2. Does not discharge hazardous substances as defined in section 49-281 to surface water, groundwater, or subsurface soil in a manner that creates a public nuisance or poses an imminent and substantial endangerment to public health or the environment.

3. Controls vector breeding and fire hazards.

4. Utilizes reasonable measures to control public access to:

(a) Medical waste generated by health care facilities.

(b) Special waste as defined in section 49-851, subsection A.