| (a) A permit for a commercial recycling facility issued
pursuant to this subchapter shall provide that the facility may only
receive, store, handle, treat, or recycle waste:
(1) under the jurisdiction of the Commission;
(2) that is not a hazardous waste as defined by the
administrator of the Environmental Protection Agency pursuant to the
federal Solid Waste Disposal Act, as amended (42 United States Code, §6901,
et seq.); and
(3) that is not oil and gas naturally occurring radioactive
(NORM) waste as defined in §4.603 of this title (relating to
Definitions).
(b) A permit issued pursuant to this subchapter may
be issued only if the director or the Commission determines that:
(1) the storage, handling, treatment, and/or recycling
of oil and gas wastes and other substances and materials will not
result in the waste of oil, gas, or geothermal resources, the pollution
of surface or subsurface water, a threat to public health and safety;
and
(2) the recyclable product can meet engineering and
environmental standards the Commission establishes in the permit or
in this subchapter for its intended use.
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