49-972

49-972. Pollution prevention plan for state
agencies; definition

A. A state agency that produces hazardous waste or uses toxic substances in excess
of the threshold quantity and time limits prescribed in section 49-963 shall file a
pollution prevention plan with the director. The pollution prevention plan shall have a
goal of twenty per cent reduction in hazardous waste within two years, fifty per cent
reduction in hazardous waste within five years and a seventy per cent reduction in
hazardous waste in ten years.

B. The pollution prevention plan shall address a reduction in the use of toxic
substances and the generation of hazardous wastes. The plan shall be completed on a form
published by the director and shall be filed with the director on or before January 1,
1993 and every five years thereafter.

C. A state agency required to file a pollution prevention plan may include in the
report a certification that there is no reasonably available and technically feasible
alternative to the current level of generation of hazardous waste at its facilities. If
approved by the director, the certification shall serve as demonstration of compliance
with the goals stated in subsection A of this section.

D. The state agency required to prepare a pollution prevention plan shall maintain
a copy of the plan and annual summaries at the agency and at the facility, where they
shall be available for inspection by the department and by the public.

E. The pollution prevention plan summary shall include a summary of all data and
information in the plan, including the following:

1. A statement of the scope and objectives of the pollution prevention plan
considering toxicity, volume, disposal costs and liability costs, and a numerical
statement of the reductions in facility use of each hazardous waste at the facility over
the next five or more years.

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

3. The name and location of all facilities associated with the state agency that
are included in the plan and the name, address and telephone number of the operator and
the senior official with management responsibility at the facility.

4. Identification and explanation of technology, procedures and options considered
available and technically feasible for reducing the use of each hazardous waste and toxic
substance at the facility, an explanation of options not implemented and a time schedule
for implementing chosen options.

5. A written certification that the agency has prepared a pollution prevention plan
and that a copy of the plan is available at the agency or facility for the department's
inspection and for inspection by the public on request to the department.

6. Specific performance goals for the prevention of pollution, including an
explanation of the rationale for each performance goal. The plan shall include a goal
for the facility and may include goals for individual processes, operations, toxic
substance usage and hazardous waste generation.

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

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

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

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

11. Provisions to incorporate the plan into management practices and procedures to
ensure the plan's institutionalization.

F. To the extent practicable, the information required for the preparation of a
pollution prevention plan shall be based on information developed and forms completed by
the state agency for the purposes of compliance with sections 26-347 and 26-351, the
federal pollution prevention act, section 304(l) of the federal water pollution control
act, pretreatment sludge permits pursuant to 40 Code of Federal Regulations part 503, or
other required state and federal reports.

G. The department shall make all pollution plans and pollution prevention plan
summaries available to the public.

H. If the department determines that a plan is not in compliance with the
requirements of this section, the department may allow the person submitting the plan
ninety days from the date of the notice of deficiency to correct the deficiency.

I. Each state agency required to prepare and maintain a pollution prevention plan
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.

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

J. If the threshold quantity prescribed in section 49-963 is exceeded due to an
accidental or remediation related release or occurrence, the requirement to file a plan
pursuant to this section does not apply.

K. For purposes of this section, "state agency" includes all facilities controlled
by an agency.