49-764. Orders; monitoring; pollution control devices

A. Except as otherwise provided in section 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been met.

B. Before issuing an order pursuant to subsection A of this section, the director shall determine in writing that all of the following conditions are met:

1. The solid waste facility may adversely affect public health or the environment.

2. A monitoring, sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the solid waste disposal facility.

3. An adequate scientific basis for the monitoring, sampling or quantification method or the pollution control device exists.

4. The monitoring, sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective.

5. The cost of the method or device is reasonable in light of the use to be made of the data or the device.

6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.

49-764. Orders; monitoring; pollution control devices

A. Except as otherwise provided in section 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been met.

B. Before issuing an order pursuant to subsection A of this section, the director shall determine in writing that all of the following conditions are met:

1. The solid waste facility may adversely affect public health or the environment.

2. A monitoring, sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the solid waste disposal facility.

3. An adequate scientific basis for the monitoring, sampling or quantification method or the pollution control device exists.

4. The monitoring, sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective.

5. The cost of the method or device is reasonable in light of the use to be made of the data or the device.

6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.