49-762.02. Facilities subject to best management practices; rules

The following solid waste facilities are subject to best management practices adopted in accordance with section 49-761, subsection H:

1. Transfer facilities that have a daily solid waste throughput of one hundred eighty cubic yards or less.

2. Recycling facilities that are located off site, that are used for the collection of recyclable material, that have a storage capacity of one hundred eighty cubic yards or less and that store the recyclable material for less than ninety days.

3. Recycling facilities that are located on site and that are used solely for the collection and storage of recyclable material for less than one hundred eighty days.

4. Closed loop recycling facilities that are located at the site of waste generation.

5. A site at which more than five hundred and fewer than five thousand waste tires are stored on any day and that is not required to obtain solid waste facility plan approval pursuant to section 49-762, subsection A, paragraph 7.

6. A solid waste facility where only asbestos-containing waste materials from manufactured products are stored, processed, treated or disposed. The best management practices for these facilities that shall apply are as follows:

(a) For solid waste facilities handling asbestos-containing waste materials that are regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M:

(i) The national emission standards for hazardous air pollutants that are incorporated by reference in the rules adopted pursuant to chapter 3 of this title.

(ii) For solid waste land disposal facilities that are not municipal solid waste landfills, 40 Code of Federal Regulations part 257.

(iii) For solid waste land disposal facilities, financial assurance pursuant to the requirements and time frames of section 49-770.

(iv) Solid waste facility notification pursuant to section 49-762.05, subsection B, paragraph 5.

(v) Compliance with local zoning laws or section 49-767, if applicable.

(b) For solid waste facilities handling asbestos-containing waste materials that are not regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M:

(i) Compliance with section 49-762.07.

(ii) Compliance with local zoning laws or section 49-767, if applicable.

7. Any other solid waste facility that the director determines by rule should be subject to best management practices.