TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE M: BIOLOGICAL MATERIALS
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: POTENTIALLY INFECTIOUS MEDICAL WASTES
PART 1422 DESIGN AND OPERATION OF FACILITIES
SECTION 1422.127 EXPERIMENTAL PERMITS


 

Section 1422.127  Experimental Permits

 

a)         The Agency may issue Experimental Permits for processes or techniques that do not satisfy the standards set forth in this Subpart if the applicant can provide proof that the process or technique has a reasonable chance for success and that the environmental hazards are minimal.  A description of the type of residuals anticipated and how they will be managed and disposed of must be included.

 

b)         A valid Experimental Permit constitutes a prima facie defense to any action brought against the permit holder for a violation of the Act or regulations promulgated thereunder, but only to the extent that such action is based upon the failure of the process or technique.

 

c)         All Experimental Permits have a duration not to exceed two (2) years.  These permits can only be renewed once.  Original experimental permits and renewals granted to any person cannot exceed a total of four (4) years.

 

d)         Application for renewal of an experimental permit must be submitted to the Agency at least ninety (90) days prior to the expiration of the existing permit.  To the extent the information to be supplied for renewal is identical with that contained in the prior permit application, the applicant shall so note on the renewal application, and the Agency shall not require the resubmittal of data and information previously supplied to it.

 

e)         A report must be submitted at the end of the experimental permit period, or as required by the Agency, which includes, at a minimum, the following:

 

1)         A summary of operating data, including results of the Initial Efficacy Test(s) or Periodic Verification Test(s);

 

2)         A discussion of how the equipment performed;

 

3)         A discussion of how residuals were managed; and

 

4)         A demonstration that the infectious potential has been eliminated.