TITLE X
HAZARDOUS WASTE
CHAPTER 140
SCOPE OF TITLE—DEFINITIONS—FORMS—RULES OF PRACTICE
[Prior to 12/3/86, Water, Air and Waste Management[900]]
567—140.1(455B) Scope of title. The department has jurisdiction over the generation, transportation and disposal of hazardous wastes by establishing standards for the treatment, storage and disposal of these wastes. Any person or agency who generates, transports or owns or operates a facility that treats, stores or disposes of hazardous waste must notify the department. Persons intending to construct a hazardous waste treatment, storage or disposal facility may have to obtain a site license from the commission.
This chapter provides general definitions applicable in this title and rules of practice, including forms, applicable to the public in the department’s administration of the subject of this title.
Chapter 141 contains the specific regulations identifying and listing hazardous wastes, the standards applicable to generators and transporters of hazardous waste and standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities, the notification requirements and the specific permitting requirements for hazardous waste management activity.
Chapter 143 contains the requirements for the analysis and notification for used oils applied for dust suppression or weed control.
Chapter 149 contains the procedure for the assessment and collection of fees for transportation, treatment and disposal of hazardous waste.
Chapter 150 contains the application and decision-making procedures for issuing or denying site licenses.
Chapter 151 consists of the criteria for siting hazardous waste treatment, storage, or disposal facilities which are owned or operated by the state of Iowa and privately owned or operated facilities which are located upon land owned by the state of Iowa.
567—140.2 Reserved.
567—140.3(455B) Notification by generators, transporters and hazardous waste facilities. Any private or public person or agency who generates or transports hazardous waste or who owns or operates a facility that treats, stores or disposes of hazardous waste shall notify the department stating the hazardous waste handled by the person and the location and a description of the activity involving the waste. Notification is achieved by filing a completed federal EPA Form 8700-12 or by filing the same information on 8½- x 11-inch typed pages.
567—140.4(455B) Application for permits and renewals by new hazardous waste facilities. Any person who treats, stores or disposes of hazardous waste is required to apply for and obtain a permit. An applicant must file with the department a Part A application; federal EPA Forms 3510-1 and 3510-3 or the information contained in 567—subrule 141.12(1) on 8½- x 11-inch typed pages; and a Part B application; that information contained in 567—subrules 141.12(2), 141.12(3) and 141.12(4).
567—140.5(455B) Application for permits and renewals by existing hazardous waste facilities. Any person who owns or operates a facility that treats, stores or disposes of a hazardous waste existing on the effective date of the rule listing the waste shall obtain a permit for the facility within six months of the effective date of the rule. Such a person is considered to have a permit until such time as a final administrative determination is made if the person has given the notification described in rule 567—141.12(455B) and has submitted a Part A application; federal EPA Forms 3510-1 and 3510-3. Such a person shall submit, upon request of the department or voluntarily at any time, a Part B application. The submission to the department of the information provided for in 567—subrules 141.12(3) and 141.12(4) constitutes a Part B application.
Rules 140.1(455B) to 140.5(455B) are intended to implement Iowa Code sections 17A.3, 455B.105 and chapter 455B, division IV, part 4.
567—140.6(455B) Form for the hazardous waste program—transportation, treatment and disposal fees. Any generator or the owner or operator of a hazardous waste treatment or disposal facility who transports, treats or disposes of hazardous waste is subject to the fees specified in rule 567—149.4(455B). Such a person must also complete and submit to the department Form 179 (542-3267), “Hazardous Waste Program—Transportation, Treatment and Disposal Fees” which is provided by the department.
This rule is intended to implement Iowa Code section 455B.424.
567—140.7(455B) Form for the analysis and notification requirements for recycled oil. Any supplier or applicator who sells or uses recycled oil for road oiling, dust suppression or weed control is subject to analysis and notification requirements specified in 567—Chapter 143. Such a person must also complete and submit to the department Form 180, which is provided by the department.
This rule is intended to implement Iowa Code sections 455B.411 and 455B.412.
[Filed emergency 6/3/83—published 6/22/83, effective 7/1/83]
[Filed 6/29/84, Notice 3/14/84—published 7/18/84, effective 8/22/84]
[Filed 11/27/85, Notice 7/31/85—published 12/18/85, effective 1/22/86]
[Filed 6/26/86, Notices 9/11/85, 4/9/86—published 7/16/86, effective 8/20/86]
[Filed emergency 11/14/86—published 12/3/86, effective 12/3/86]
[Filed 12/29/86, Notice 8/27/86—published 1/14/87, effective 2/18/87]