§ 8-6-223 — Household hazardous waste storage or processing centers - Permit required

(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203 , without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate and that meets the requirements of this section. (b) (1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section. (2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste. (3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant. (c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by: (1) Obtaining insurance that specifically covers the costs of disposal as required by this section; (2) Obtaining a letter of credit; (3) Obtaining a bond or other surety instrument; (4) Creating a trust fund or escrow account; (5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or (6) Any other financial instrument approved by the Director of the Division of Environmental Quality. (d) A financial instrument required by this section shall: (1) Be posted to the benefit of the division; (2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (3) Be reviewed by the division upon receipt of the cancellation notice to determine whether the division should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the division should take possession of the funds guaranteed by the financial assurance mechanism. (e) Before the division may release a financial assurance mechanism, the division shall inspect the household hazardous waste storage or processing center to determine to the division's satisfaction that no household hazardous waste is located at the household hazardous waste storage or processing center. (f) The division is not responsible for the removal or disposal of household hazardous waste regulated under this section. (g) Before an application for a permit is submitted to the division, a household hazardous waste storage or processing center shall apply for a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site and shall follow the procedures and rules established under § 8-6-708 . (h) A household hazardous waste storage or processing center shall submit a permit application to the division within ninety (90) days of the approval of the certificate of need. (i) If a certificate of need is not approved under subsection (g) of this section or a final determination is made by the division denying the permit application, the household hazardous waste storage or processing center shall cease all collection, storage, or processing activity and properly dispose of or recycle all materials within ninety (90) days. (j) A household hazardous waste storage or processing center that is operating before July 27, 2011, is exempt from obtaining a certificate of need under subsection (g) of this section. (k) A permit under this section is not required for recyclable materials collection centers or systems that are provided by a city, county, solid waste district, or regional solid waste management district that stores household hazardous waste in quantities of less than one hundred ten gallons (110 gal.) of each household hazardous waste, not to exceed an accumulated waste amount of five thousand gallons (5,000 gal.) of liquid waste or ten thousand pounds (10,000 lbs.) of nonliquid waste.

Legislative History

Amended by Act 2019, No. 910,§ 2616, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2615, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2614, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2613, eff. 7/1/2019. Acts 2011, No. 1153, § 2.