49-922

49-922. Department rules and standards;
prohibited permittees

A. The director shall adopt rules to establish a hazardous waste management program
equivalent to and consistent with the federal hazardous waste regulations promulgated
pursuant to subtitle C of the federal act. Federal hazardous waste regulations may be
adopted by reference. The director shall not adopt a nonprocedural standard that is more
stringent than or conflicts with those found in 40 Code of Federal Regulations sections
260 through 268, 270 through 272, 279 and 124. The director shall not identify a waste
as hazardous, if not so identified in the federal hazardous waste regulations, unless the
director finds, based on all the factors in 40 Code of Federal Regulations section
261.11(a)(1), (2), or (3), that the waste may cause or significantly contribute to an
increase in serious irreversible, or incapacitating reversible, illness or pose a
substantial present or potential hazard to human health or the environment when it is
improperly treated, stored, transported, disposed or otherwise managed.

B. These rules shall establish criteria and standards for the characteristics,
identification, listing, generation, transportation, treatment, storage and disposal of
hazardous waste within this state. In establishing the standards the director shall,
where appropriate, distinguish between new and existing facilities. The criteria and
standards shall include requirements respecting:

1. Maintaining records of hazardous waste identified under this article and the
manner in which the waste is generated, transported, treated, stored or disposed.

2. Submission of reports, data, manifests and other information necessary to ensure
compliance with such standards.

3. The transportation of hazardous waste, including appropriate packaging, labeling
and marking requirements and requirements respecting the use of a manifest system, which
are consistent with the regulations of the state and United States departments of
transportation governing the transportation of hazardous materials.

4. The operation, maintenance, location, design and construction of hazardous waste
treatment, storage or disposal facilities, including such additional qualifications as to
ownership, continuity of operation, contingency plans, corrective actions and abatement
of continuing releases, monitoring and inspection programs, personnel training, closure
and postclosure requirements and financial responsibility as may be necessary and
appropriate.

5. Requiring a permit for a hazardous waste treatment, storage or disposal facility
including the modification and termination of permits, the authority to continue
activities and permits existing on July 27, 1983 consistent with the federal hazardous
waste regulations, and the payment of a reasonable application fee. The director shall
establish and collect a reasonable fee from the applicant to cover the cost of
administrative services and other expenses associated with evaluating the application and
issuing or denying the permit.

6. Providing the right of entry for inspection and sampling to ensure compliance
with the standards.

7. Providing for appropriate public participation in developing, revising,
implementing, amending and enforcing any rule, guideline, information or program under
this article consistent with the federal hazardous waste program.

C. The director may refuse to issue a permit for a facility for storage, treatment
or disposal of hazardous waste to a person if any of the following applies:

1. The person fails to demonstrate sufficient reliability, expertise, integrity and
competence to operate a hazardous waste facility.

2. The person has been convicted of, or pled guilty or no contest to, a felony in
any state or federal court during the five years before the date of the permit
application.

3. In the case of a corporation or business entity, if any of its officers,
directors, partners, key employees or persons or business entities holding ten per cent
or more of its equity or debt liability has been convicted of, or pled guilty or no
contest to, a felony in any state or federal court during the five years before the date
of the permit application.

D. Nothing in this article shall affect the validity of any existing rules adopted
by the director that are equivalent to and consistent with the federal hazardous waste
regulations until new rules for hazardous waste are adopted.

E. Nothing in this article shall authorize the regulation of small quantity
generators as defined by 40 Code of Federal Regulations section 261.5 in a manner
inconsistent with the federal hazardous waste regulations. However, the director may
require reports of any small quantity generator or group of small quantity generators
regarding the treatment, storage, transportation, disposal or management of hazardous
waste if the hazardous waste of such generator or generators may pose a substantial
present or potential hazard to human health or the environment when it is improperly
treated, stored, transported, disposed or otherwise managed.