(1) The Department of Environmental Quality may issue a permit modification under ORS § 466.005 to 466.385 authorizing a recycling operation at a hazardous waste or PCB treatment or disposal facility located off the site of waste generation and operating on July 15, 1999, and shall not apply ORS § 466.055 or 466.060, provided the owner or operator of the facility obtains a determination from the department that, in accordance with the Federal Resource Conservation and Recovery Act, P.L. 94-580, and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, the recycling operation is legitimate and will produce material that is exempt from the definition of solid waste.

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(2) The department shall apply the schedule of fees authorized by ORS § 466.045 (5)(c) and (d) to defray the costs of processing the application for authorization for permit modification and making the determination under subsection (1) of this section. [1999 c.740 § 3]

(Hazardous Waste)