7 Del. Admin. Code § 1302-260-C-260.20

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-260-C-260.20 - General

(a) Any person may petition DNREC to modify or revoke any provision in Parts 260 through 266, 268 and 273 of these regulations. This section sets forth general requirements which apply to all such petitions. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of these regulations or the lists of hazardous wastes in Subpart D of Part 261. Section 260.23 sets forth additional requirements for petitions to amend Part 273 of these regulations to include additional hazardous wastes or categories of hazardous waste as universal waste.

(b) Each petition must be submitted to the Secretary by certified mail and must include:

(1) The petitioner's name and address;

(2) A statement of the petitioner's interest in the proposed action;

(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and

(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(c) The Secretary will make a tentative decision to grant or deny a petition and will public notice such tentative decision, either in the form of a proposed regulatory amendment, or a tentative determination to deny the petition, in accordance with 7 Del.C., § 6312.

(d) Upon the written request of any interested person, the Secretary may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Secretary may in any case decide on his own motion to hold an informal public hearing.

(e) After evaluating all public comments the Secretary will make a final decision by publishing a public notice of a regulatory amendment or a denial of the petition.

(Amended July 23, 1996, August 21, 1997)

7 Del. Admin. Code § 1302-260-C-260.20