49-963

49-963. Pollution prevention plan; progress
report; exemption

A. A person who owns or operates a facility that meets the reporting requirements
prescribed by section 49-962 shall prepare and implement a pollution prevention plan that
addresses a reduction in the use of toxic substances and the generation of hazardous
wastes. By January 1, 1994, the director shall establish a numeric goal for the state
for waste minimization. By January 1, 1999 the director shall establish a numeric goal
for the state for toxic use reduction. For purposes of this section, "toxic substance"
does not include material used or produced in connection with a mining or metallurgical
operation.

B. By December 31, 1992, the following shall file a plan as prescribed by this
section:

1. A facility that shipped off site for purposes other than recycling the lesser
of:

(a) Twelve thousand or more kilograms cumulative total of hazardous wastes in
calendar year 1991.

(b) An average of one thousand kilograms or more per month cumulative total of
hazardous waste in calendar year 1991.

2. A facility that shipped off site for purposes other than recycling an average of
one kilogram or more per month cumulative total of acutely hazardous wastes, as defined
in 40 Code of Federal Regulations part 261, in calendar year 1991.

C. By December 31, 1995, a facility that shipped off site for purposes other than
recycling from ten thousand kilograms to twelve thousand kilograms cumulative total of
hazardous wastes in calendar year 1994 shall file a plan as prescribed by this section.

D. From and after December 31, 1994, a facility that uses in excess of ten thousand
pounds in a calendar year of a toxic substance as defined in section 49-961 shall file a
pollution prevention plan by December 31 of the following year covering those toxic
substances that exceed the threshold quantity. From and after December 31, 1998, the
director may adopt by rule threshold quantities of toxic substances different from those
established pursuant to this section if the director determines there is sufficient
evidence to establish any one of the following:

1. The chemical is known to cause or can reasonably be anticipated to cause
significant acute adverse human health effects at concentration levels that are
reasonably likely to exist beyond the boundaries of a facility site as a result of
continuous or frequently recurring releases, or to cause or can reasonably be anticipated
to cause a significant adverse effect on the environment of sufficient seriousness to
warrant inclusion in the pollution planning program because of any of the following:

(a) Its toxicity and persistence in the environment.

(b) Its toxicity and tendency to bioaccumulate in the environment.

2. The chemical is known to cause or can reasonably be anticipated to cause in
humans either of the following:

(a) Cancer or teratogenic effects.

(b) Serious or irreversible reproductive dysfunctions, neurological disorders,
heritable genetic mutation or other chronic health effects.

E. After December 31, 1992, a facility that meets the quantitative threshold filing
requirements prescribed in subsection B of this section and that has not filed a plan
with the department shall file a plan no later than December 31 of the following year.

F. Notwithstanding any other provision of law, a person required to file a toxic
data report under section 49-962, subsection A, paragraph 1 shall prepare, submit and
begin to implement a pollution prevention plan no later than December 31, 1992.

G. A facility required to prepare a pollution prevention plan under this section
shall maintain and implement that plan until the facility ceases operation or the
facility no longer meets the quantitative threshold filing requirements prescribed in
this section.

H. A person who is not required to prepare a pollution prevention plan may
voluntarily comply with this section and shall be deemed a generator who may certify
compliance as prescribed by section 49-931, subsection A.

I. A person who owns or operates more than one facility that is required to prepare
and implement a pollution prevention plan pursuant to subsection A of this section may
prepare and implement a single pollution prevention plan that covers more than one
facility.

J. The pollution prevention plan required by this section shall include all of the
following:

1. The name and location of and principal business activities at the facility.

2. The name, address and telephone number of the owner or operator of the facility
and of the senior official with management responsibility at the facility.

3. A certification by the senior official with management responsibility at the
facility that he has read the plan and that it is to the best of his knowledge true,
accurate and complete.

4. Specific performance goals for the prevention of pollution, including an
explanation of the rationale for each performance goal. The plan must include a goal for
the facility and may include goals for individual production processes.

5. A written policy setting forth management and corporate support for the
pollution prevention plan and a commitment to implement the plan to achieve the plan
goals.

6. A statement of the plan's scope and objectives.

7. An analysis identifying pollution prevention opportunities to reduce or
eliminate toxic substance releases and hazardous waste generation.

8. An analysis of pollution prevention activities that are already in place and
that are consistent with the requirements of this article.

9. Employee awareness and training programs to involve employees in pollution
prevention planning and implementation to the maximum extent feasible.

10. Provisions to incorporate the plan into management practices and procedures in
order to ensure its institutionalization.

11. A description of the options considered and an explanation of why the options
considered were not implemented.

K. The pollution prevention plan, at a minimum, shall cover a two-year time period
and may cover a longer time period at the discretion of the facility.

L. Each owner and operator required to prepare and maintain a pollution prevention
plan under this section shall file an annual progress report. The annual progress report
shall both:

1. Analyze the progress made, if any, in pollution prevention including toxics use
reduction, source reduction and hazardous waste minimization relative to each performance
goal established and relative to the plan contents prescribed in subsection J, paragraphs
4 through 11 of this section. Pollution prevention achieved under previously implemented
activities may also be included.

2. Set forth amendments to the pollution prevention plan and explain the need for
the amendments.

M. A facility that causes a one-time event that generates a hazardous waste or an
acutely hazardous waste from an unused hazardous substance is exempt from filing a
pollution prevention plan and an annual progress report if all of the following
conditions are met:

1. The unused hazardous substance cannot lawfully be used due to changes in statute
or rule.

2. A toxic data report has been filed for the event as prescribed in section
49-962.

3. The toxic data report is required solely as a result of the one-time generation
event.

N. This section does not apply to an episodic, accidental or remediation related
release or occurrence.

O. A person who would be required to file a plan as prescribed by subsection A of
this section solely due to the storage, supply, application or use of a pesticide as
defined in section 3-361 for agricultural application and who is subject to reporting or
record keeping requirements pursuant to section 49-305 or rules adopted pursuant to
section 3-363 or a person who is issued an agricultural general permit pursuant to
section 49-247 is exempt from the plan filing prescribed in subsection A of this section.