Section 27-0907. Standards applicable to generators of hazardous waste  


Latest version.
  • Not later than eighteen months after the effective date of this title,
      in  a manner consistent with the state administrative procedure act, the
      commissioner shall promulgate regulations establishing  standards  which
      shall  be  applicable  to  generators  of  hazardous waste identified or
      listed under this title, necessary  to  protect  human  health  and  the
      environment. Such standards shall establish requirements respecting:
        1.  Recordkeeping practices that accurately identify the quantities of
      such hazardous waste  generated,  the  constituents  thereof  which  are
      significant  in  quantity  or  in  potential harm to human health or the
      environment, and the disposition of such wastes;
        2. Labeling  practices  for  any  containers  used  for  the  storage,
      transport, or disposal of hazardous waste which will identify accurately
      such   wastes,   and  be  in  conformance  with  federal  transportation
      requirements;
        3. Use of appropriate containers for hazardous waste;
        4. Furnishing of information  on  the  chemical  composition  of  such
      hazardous waste to persons transporting, treating, storing, or disposing
      of such wastes;
        5.  Use  of  the  manifest system established under section 27-0905 of
      this title to assure that all such waste  generated  is  designated  for
      treatment,  storage,  or  disposal  in  treatment,  storage  or disposal
      facilities (other than facilities on the plant site where the  waste  is
      generated)  for  which  a  permit has been issued as provided in section
      27-0913 of this title; and
        5-a. Each manifest shall contain  a  certification  by  the  generator
      that:
        a.  the  generator  of  the  hazardous waste has in place a program to
      reduce the volume or quantity and toxicity of such waste to  the  degree
      determined  by  the  generator  to  be economically practicable or, if a
      hazardous waste reduction plan  is  required  by  and  reviewable  under
      section  27-0908 of this title, a program that meets the requirements of
      that section; and
        b. the proposed method of  treatment,  storage  or  disposal  is  that
      practicable  method currently available to the generator which minimizes
      the present and future threat to human health and the environment.
        6. Submission of an annual report to the commissioner, and  additional
      reports at such times as the commissioner deems necessary, respecting
        a.  the  quantities  and composition of hazardous wastes identified or
      listed under this title, generated during a specified time period;
        b. the disposition of all hazardous wastes reported under paragraph  a
      of this subdivision;
        c.  for each waste reported under paragraph a of this subdivision, the
      efforts undertaken during the year to reduce the volume or quantity  and
      toxicity of waste generated;
        d.  for each waste reported under paragraph a of this subdivision, the
      changes in volume or quantity and toxicity of  waste  actually  achieved
      during the year in question in comparison with previous years;
        e.  certification  on the part of the generator that it has in place a
      program to reduce the volume  or  quantity  and  toxicity  of  hazardous
      wastes  to  the  degree  determined  by the generator to be economically
      practicable or, if a hazardous waste reduction plan is required  by  and
      reviewable under section 27-0908 of this title, a program that meets the
      requirements of that section; and
        f.  certification  that  the  treatment,  storage  or  disposal method
      utilized by the generator is that practicable method currently available
      which minimizes present and future  threats  to  human  health  and  the
      environment.
    
        7.  The commissioner shall, within eighteen months after the effective
      date of regulations promulgated by the department  pursuant  to  section
      27-0905  of  this  chapter and annually thereafter, prepare and submit a
      report on the  generating  of  hazardous  wastes  to  the  governor  and
      legislature.  Such  report  shall  include,  but  not be limited to, the
      identity of generators within the state and the quantities,  composition
      and  disposition  of  hazardous  wastes generated in the preceding year.
      Such information regarding quantities, composition and disposition shall
      be presented in aggregated form by waste type as generated  in  each  of
      the department's administrative regions. The commissioner shall withhold
      information  on  hazardous  wastes  pursuant  to section 27-0919 of this
      title in order to protect trade secrets.