|(a) Upon determination by the commission that a facility or
practice violates any of the criteria set forth in 40 Code of Federal Regulations
(CFR) Part 257 and should be in the open dump inventory under the Resource
Conservation and Recovery Act of 1976, §4005(b), the owner or operator
of such facility shall be so notified in writing by the commission at least
30 days prior to the initial submission of the classification to the EPA.
If the owner or operator wishes to contest that determination, he must so
notify the commission within 20 days of the date of the notification and include
any information indicating that the facility does not violate any of the criteria
classification set forth in 40 CFR Part 257. If the owner or operator fails
to respond to the notification, or if the commission determines that the information
provided by the owner or operator does not affect its initial determination,
the commission shall forward the name of the facility to the EPA for publication
in the Federal Register. The commission may
delete the name of a facility from the list to be forwarded to the EPA if,
in the opinion of the commission, the information presented by the owner or
operator pursuant to this subsection shows that the facility or practice does
not violate any of the criteria set forth in 40 CFR Part 257.
(b) The commission shall also provide written notification
of the availability of the results of any classification pursuant to §335.304
of this title (relating to Classification of Facilities) to all other persons
on the list required by §335.306 of this title (relating to List of Interested
or Affected Persons) at least 30 days prior to the initial submission of any
classifications to the EPA.