Exemptions
94 Exemptions
A person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies.
Note—
See section 71 for the trackable waste to which this part applies.
The person must give the administering authority the information the authority reasonably requires to decide the application.
The administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics.
Example—
A person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste) that the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics.
The administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake to ensure the filter cake will not show any environmentally significant characteristics.
An exemption may be given on reasonable conditions.
After the administering executive decides the application, the administering executive must give the person a written notice stating—
whether or not the exemption is granted; and
if the exemption is granted—any conditions of the exemption; and
if the exemption is refused—the reasons for the decision; and
the review or appeal details for the decision.
If the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application.
In this section—
due day, for deciding an application, means—
30 days after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the person gives the requested information, and any days in between; or
any later day agreed between the administering authority and the person.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.