Modification of PCB or hazardous waste permit to allow recycling operation; fee. (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

(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)