49-854. Designation of special wastes;
criteria; notice; rules


A. The director shall give public notice pursuant to title 41, chapter 6 of the
decision to formally study a waste for possible designation as a special waste pursuant
to the criteria established in subsection B of this section.


B. In determining whether a waste shall be designated as a special waste, the
director shall consider the potential adverse effects on public health or the environment
from the treatment, storage, transportation or disposal of each waste based upon:


1. The acute and chronic toxicity for those wastes including the human or animal
data for the following exposures:


(a) Aquatic.


(b) Dermal.


(c) Inhalation.


(d) Oral.


2. The carcinogenic, mutagenic or teratogenic effects of those wastes on humans or
other life forms.


3. The degree to which the wastes or degradation products of those wastes are
persistent or bioaccumulative in the environment.


4. Information and studies from other states and the federal government if the
committee or director finds them to be derived from standard protocols.


5. Other appropriate scientific data, environmental testing or analytical data.


C. The director shall give public notice pursuant to title 41, chapter 6 of the
decision to designate or not to designate a waste as a special waste.


D. The director shall by rule, designate a waste as a special waste and adopt best
management practices concerning the special waste pursuant to section 49-855 within
eighteen months after giving public notice pursuant to subsection C of this section that
a waste will be designated as a special waste.


E. The designation of a waste as a special waste and the adoption of best
management practices pursuant to section 49-855 shall occur in the same rule making
process.