§ 27-0903 — Identification and listing of hazardous waste

§ 27-0903. Identification and listing of hazardous waste.\n 1. The commissioner shall promulgate regulations in a manner\nconsistent with the state administrative procedure act, setting forth\nthe criteria for identification and listing of hazardous wastes. Based\non these criteria, the commissioner shall promulgate a list of hazardous\nwastes (which list shall also include a sublist of acute hazardous\nwastes) and shall identify hazardous waste by characteristic, in a\nmanner at least as stringent as promulgated by the administrator\npursuant to RCRA. The list of hazardous wastes and the identification of\nhazardous waste by characteristic shall determine those hazardous wastes\nwhich shall be subject to this title.\n 2. Where appropriate and consistent with the provisions of RCRA, such\nregulations shall provide for exemptions from the provisions of this\ntitle for the management of small quantities of wastes listed or\nidentified as hazardous when generated by research and limited use\noperations.\n 3. The regulations setting forth the criteria for identification and\nlisting, and the list of, hazardous wastes subject to this title may be\namended by the commissioner from time to time as appropriate, based upon\nhazardous waste conditions of particular relevance to the state. The\ncommissioner may promulgate the appropriately amended regulations only\nupon a showing of the circumstances constituting the hazardous waste\nconditions of particular relevance to this state, and then in a manner\nconsistent with the state administrative procedure act.\n 4. Uniform treatment of waste. All waste resulting from the\nexploration, development, extraction or production of crude oil or\nnatural gas, including but not limited to drilling fluids and produced\nwaters, shall be considered hazardous waste under the law of this state\nand subject to all pertinent generation, transportation, treatment,\nstorage, and disposal laws and regulations, if such waste meets the\ndefinition of hazardous waste set forth in subdivision three of section\n27-0901 of this chapter. Within six months from the effective date of\nthis subdivision, the department shall make all necessary changes to\nbring its regulations into compliance with this section.\n