§ 27-0907 — Standards applicable to generators of hazardous waste

§ 27-0907. Standards applicable to generators of hazardous waste.\n Not later than eighteen months after the effective date of this title,\nin a manner consistent with the state administrative procedure act, the\ncommissioner shall promulgate regulations establishing standards which\nshall be applicable to generators of hazardous waste identified or\nlisted under this title, necessary to protect human health and the\nenvironment. Such standards shall establish requirements respecting:\n 1. Recordkeeping practices that accurately identify the quantities of\nsuch hazardous waste generated, the constituents thereof which are\nsignificant in quantity or in potential harm to human health or the\nenvironment, and the disposition of such wastes;\n 2. Labeling practices for any containers used for the storage,\ntransport, or disposal of hazardous waste which will identify accurately\nsuch wastes, and be in conformance with federal transportation\nrequirements;\n 3. Use of appropriate containers for hazardous waste;\n 4. Furnishing of information on the chemical composition of such\nhazardous waste to persons transporting, treating, storing, or disposing\nof such wastes;\n 5. Use of the manifest system established under section 27-0905 of\nthis title to assure that all such waste generated is designated for\ntreatment, storage, or disposal in treatment, storage or disposal\nfacilities (other than facilities on the plant site where the waste is\ngenerated) for which a permit has been issued as provided in section\n27-0913 of this title; and\n 5-a. Each manifest shall contain a certification by the generator\nthat:\n a. the generator of the hazardous waste has in place a program to\nreduce the volume or quantity and toxicity of such waste to the degree\ndetermined by the generator to be economically practicable or, if a\nhazardous waste reduction plan is required by and reviewable under\nsection 27-0908 of this title, a program that meets the requirements of\nthat section; and\n b. the proposed method of treatment, storage or disposal is that\npracticable method currently available to the generator which minimizes\nthe present and future threat to human health and the environment.\n 6. Submission of an annual report to the commissioner, and additional\nreports at such times as the commissioner deems necessary, respecting\n a. the quantities and composition of hazardous wastes identified or\nlisted under this title, generated during a specified time period;\n b. the disposition of all hazardous wastes reported under paragraph a\nof this subdivision;\n c. for each waste reported under paragraph a of this subdivision, the\nefforts undertaken during the year to reduce the volume or quantity and\ntoxicity of waste generated;\n d. for each waste reported under paragraph a of this subdivision, the\nchanges in volume or quantity and toxicity of waste actually achieved\nduring the year in question in comparison with previous years;\n e. certification on the part of the generator that it has in place a\nprogram to reduce the volume or quantity and toxicity of hazardous\nwastes to the degree determined by the generator to be economically\npracticable or, if a hazardous waste reduction plan is required by and\nreviewable under section 27-0908 of this title, a program that meets the\nrequirements of that section; and\n f. certification that the treatment, storage or disposal method\nutilized by the generator is that practicable method currently available\nwhich minimizes present and future threats to human health and the\nenvironment.\n 7. The commissioner shall, within eighteen months after the effective\ndate of regulations promulgated by the department pursuant to section\n27-0905 of this chapter and annually thereafter, prepare and submit a\nreport on the generating of hazardous wastes to the governor and\nlegislature. Such report shall include, but not be limited to, the\nidentity of generators within the state and the quantities, composition\nand disposition of hazardous wastes generated in the preceding year.\nSuch information regarding quantities, composition and disposition shall\nbe presented in aggregated form by waste type as generated in each of\nthe department's administrative regions. The commissioner shall withhold\ninformation on hazardous wastes pursuant to section 27-0919 of this\ntitle in order to protect trade secrets.\n