49-855

49-855. Best management practices;
criteria

A. The director shall adopt, by rule, best management practices for the treatment,
storage and disposal of each waste to be designated as a special waste pursuant to this
article.

B. In adopting best management practices for a special waste, the director shall
consider:

1. The availability, effectiveness, economic feasibility and technical feasibility
of alternative handling or management technologies and practice.

2. The potential nature and severity of the effect on public health and the
environment resulting from the special waste.

3. Circumstances under which the practices shall be applied including
climatological, geological and hydrogeological conditions.

4. Consistency with other federal and state laws, rules and regulations in an
effort to avoid practices or requirements that duplicate, are inconsistent with or result
in dual regulation under other federal and state laws, rules and regulations.

C. The best management practices adopted by the director shall contain procedures
necessary for the protection of public health and the environment for the transportation,
treatment, storage and disposal of special wastes. Additional items to be contained in
the best management practices shall include at least:

1. A designated time of not less than ninety days beyond which a waste may not be
stored.

2. A fee for each special waste of not more than two dollars per ton and beginning
from and after January 1, 1995, not more than twenty thousand dollars per generator site
per year for special waste that is transported to a facility in this state for treatment,
storage or disposal.

D. The director may adopt special waste best management practices that apply to the
treatment, storage or disposal of those wastes that are not regulated as hazardous wastes
under federal laws or regulations.

E. The director may enact special waste best management practices that are more
stringent than federal laws or regulations that govern polychlorinated biphenyls pursuant
to the toxic substances control act (15 United States Code section 2605) if the director
determines in writing that:

1. The additional regulation is necessary to protect public health or the
environment.

2. There is a scientific basis for the additional regulation based upon appropriate
environment testing and analytical data.

3. The additional regulation is technically feasible.

F. Nothing in this section shall preclude the director from adopting best
management practices under this article which incorporate management practices applicable
to the treatment, storage or disposal of those wastes that are not regulated as hazardous
wastes under federal laws or regulations.