Section 37-0103. Lists of substances hazardous or acutely hazardous to public health, safety or the environment

1. No later than two years from the date  on  which  this  section  as
  hereby  amended  takes  effect,  the  commissioner  shall promulgate and
  thereafter from time to time amend regulations consistent with the state
  administrative procedure act which contain:
    (a) A list of substances hazardous to the public health, safety or the
  environment, as required by paragraph (b) of subdivision ten of  section
  71-2702 of this chapter, which meet the following criteria:
    (i) because of their quantity, concentration, or physical, chemical or
  infectious   characteristics  cause  physical  injury  or  illness  when
  improperly treated,  stored,  transported,  disposed  of,  or  otherwise
  managed; or
    (ii)  pose  a  present  or  potential  hazard  to the environment when
  improperly treated,  stored,  transported,  disposed  of,  or  otherwise
  managed; or
    (iii)  because  of  their  toxicity or concentration within biological
  chains, present a demonstrated threat to  biological  life  cycles  when
  released into the environment.
    (b) A list of substances acutely hazardous to public health, safety or
  the  environment,  as required by paragraph (b) of subdivision eleven of
  section 71-2702 of this chapter, which meet the following criteria:
    (i) A. have an oral LD (rat) toxicity of less than 50  milligrams  per
  kilogram; or
    B.  have an inhalation LC (rat) toxicity of less than 2 milligrams per
  liter; or
    C. have a dermal LD (rabbit) toxicity of less than 200 milligrams  per
  kilogram; or
    (ii) cause or are capable of causing death, serious illness or serious
  physical  injury  to  any  person or persons as a consequence of release
  into the environment.
    2. In promulgating a list pursuant to paragraph (a) of subdivision one
  of this section, the commissioner shall include the following:
    (a)  substances  whose  manufacture,   processing,   contribution   in
  commerce,  use,  possession or disposal is banned, prohibited or limited
  pursuant to the federal Toxic Substances Control Act (15 U.S.C. 2601  et
  seq.) as of January 1, 2008, as amended from time to time;
    (b)  substances  and  pesticides whose use or possession is prohibited
  pursuant to the federal Insecticide, Fungicide and  Rodenticide  Act  (7
  U.S.C. 135 et seq.) as of January 1, 2008, as amended from time to time;
  and
    (c) substances defined as hazardous substances pursuant to the federal
  Comprehensive Environmental Response, Compensation and Liability Act (26
  U.S.C.  4611  et seq.; 42 U.S.C. 9601 et seq.) as of January 1, 2008, as
  amended from time to time.