(a)Each person who generates or transports hazardous
waste in an amount which would otherwise subject the person to
regulation under subtitle C of the Resource Conservation and
Recovery Act, P.L. 94-580, shall comply with the following
requirements:
(i)Each generator shall:
(A)Keep adequate records of quantities,
composition and disposition of the hazardous waste generated;
(B)Adequately label any containers used for the
storage, transport or disposal of hazardous waste;
(C)Use appropriate containers for hazardous
waste;
(D)Furnish information as may be required on
the general chemical composition and hazardous properties of
hazardous waste to persons transporting, treating, storing or
disposing the waste;
(E)Use the national hazardous waste shipping
manifest system, and employ any
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(a) Each person who generates or transports hazardous
waste in an amount which would otherwise subject the person to
regulation under subtitle C of the Resource Conservation and
Recovery Act, P.L. 94-580, shall comply with the following
requirements:
(i) Each generator shall:
(A) Keep adequate records of quantities,
composition and disposition of the hazardous waste generated;
(B) Adequately label any containers used for the
storage, transport or disposal of hazardous waste;
(C) Use appropriate containers for hazardous
waste;
(D) Furnish information as may be required on
the general chemical composition and hazardous properties of
hazardous waste to persons transporting, treating, storing or
disposing the waste;
(E) Use the national hazardous waste shipping
manifest system, and employ any other reasonable means to assure
that the hazardous waste generated is shipped to and arrives at
the designated, authorized hazardous waste treatment, storage or
disposal facility;
(F) Submit reports to the department at least
once every two (2) years setting out:
(I) The quantities and nature of hazardous
waste generated during the year;
(II) The disposition of all hazardous waste
reported under this subsection;
(III) The efforts undertaken during the
year to reduce the volume and hazardous characteristics of
hazardous waste generated; and
(IV) The changes in volume and hazardous
characteristics of waste actually achieved during the year
reported in comparison with previous years.
(G) Certify, on the shipping manifest required
under this subsection, that:
(I) The generator of the hazardous waste
has a program in place to reduce the volume or quantity and
hazardous characteristics of the waste to the degree determined
by the generator to be economically practicable; and
(II) The proposed method of treatment,
storage or disposal is that practicable method currently
available to the generator that satisfies current regulatory
requirements and which minimizes the present and future threat
to human health and the environment.
(ii) Each transporter shall:
(A) Keep adequate records of hazardous waste
transported, its source and delivery points;
(B) Transport hazardous waste only if it is
properly labeled and manifested; and
(C) Transport hazardous waste only to the
hazardous waste treatment, storage or disposal facility which
the shipper designates on the manifest form, to be a facility
holding a permit issued by the United States environmental
protection agency, an authorized state or the department.
(b) The council shall, upon recommendation from the
director, promulgate rules and regulations to implement the
requirements of this section applicable to generators and
transporters of hazardous waste, and to fuels produced from
hazardous waste and mixtures of hazardous waste and other
materials. The rules shall be no more and no less stringent
than corresponding rules which have been adopted by the United
States environmental protection agency to implement sections
3002 and 3003 of subtitle C of the Resource Conservation and
Recovery Act.