7 Del. Admin. Code § 1302-122-C-122.32
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-122-C-122.32 - Establishing permit conditions(a) In addition to conditions required in all permits (Section 122.30), the Secretary shall establish conditions, as required on a case-by-case basis, in permits under Section 122.50 (duration of permits), Section 122.33 (a) (schedules of compliance) and Section 122.31 (monitoring).(b)(1) Each Hazardous Waste Permit shall include permit conditions necessary to achieve compliance with 7 Del.C., Chapter 63 and regulations, including each of the applicable requirements specified in Parts 264 and 266 through 268. In satisfying this provision, the Secretary may incorporate applicable requirements of Parts 264 and 266 through 268 directly into the permit or establish other permit conditions that are based on these parts.(2) Each permit issued under 7 Del.C., Chapter 63 shall contain terms and conditions as the Secretary determines necessary to protect human health and the environment.(c) For a DNREC issued permit, an applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a Federal statutory or regulatory requirement (including any interim final regulation) which takes effect prior to issuance of the permit (except as provided in 40 CFR Section 124.86(c) for RCRA permits being processed under Subpart E or F of 40 CFR Part 124). For DNREC and EPA administered programs, an applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in Section 122.41.(d) New or reissued permits, and to the extent allowed under Section 122.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in Section 122.31.(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit. (Amended May 8, 1986; August 29, 1988; August 10, 1990, August 21, 1997)
7 Del. Admin. Code § 1302-122-C-122.32