After December 31, 1986, no person shall dispose of any acute hazardous waste listed in 40 C.F.R. 261.33(e) , as amended, in this state unless the director of environmental protection determines, based upon information provided by the generator of the waste, that the waste:
(A) Cannot be treated and rendered nonhazardous, recycled, reclaimed, or destroyed by incineration or biological agents;
(B) Has been reduced to its lowest level of toxicity; and
(C) Has been completely encapsulated or is otherwise protected so as to eliminate its leaching potential.
Effective Date: 08-01-1984