65-34,143.Rules and regulations.The secretary is authorized and directed to adopt rules andregulations necessary to administer and enforce the provisions of this act. Anyrules and regulations so adopted shall be reasonably necessary to preserve,protect and maintain the waters and other natural resources of this state andreasonably necessary to provide for prompt corrective action of releases fromdrycleaning facilities. Consistent with these purposes, the secretary shalladopt rules and regulations:
(a) Establishing performance standards for drycleaning facilities firstbrought into use on or after the effective date of regulations authorized bythis subsection. Such performance standards shall be effectivewhen the rules and regulations adopted by the secretary become final. Thesecretary shall make the secretary's best efforts to adopt such rules andregulations so that they become finalwithin 180 daysafter the effective date of this act. The performance standards for newdrycleaning facilities shall allow the use of new technology as it becomesavailable and shall at a minimum include provisions which are at least asprotective of human health and the environment as the following:
(1) A requirement for the proper storage and disposal of those wastes whichare generated ata drycleaning facility and which contain any quantity of drycleaningsolvent.
(2) A prohibition of the discharge of wastewater from drycleaning units orof drycleaning solvent from drycleaning operations to any sanitary sewer orseptic tank or to the waters of this state.
(3) A requirement of compliance withthe national emissionstandards for hazardous air pollutants for perchlorethylene dry cleaningfacilities promulgated by the United States environmental protection agency onSeptember 22, 1993.
(4) A requirement that dikes or other containment structures be installedaround each drycleaning unit and each drycleaning solvent or waste storagearea, whichstructures shall be capable of containing any leak, spill or release ofdrycleaning solvent.
(5) A requirement that those portions of all diked floor surfaces upon whichany drycleaning solvent may leak, spill or otherwise be released be of epoxy,steel or other materialimpervious to drycleaning solvents.
(6) A requirement that all chlorinated drycleaning solvents be delivered todrycleaning facilities by means of closed, direct-coupled delivery systems, butonly after such systems become generally available.
(b) Adopting a schedule requiring the retrofitting of drycleaning facilitiesin existence on or before the effective date of rules and regulationsauthorized bysubsection (a) to implement the performance standards establishedpursuant to subsection (a). The schedule may phase in the standards authorizedby this subsection at different times but shall make all such standardseffective no later than five years after theeffective date of this act.
(c) Establishing requirements for removal of drycleaning solvents and wastesfrom drycleaning facilities which are to be closed by the owner inorder to prevent future releases.
(d) Establishing criteria to prioritize the expenditure of fundsfrom the drycleaning facility release trust fund. The criteria shall includeconsideration of:
(1) The benefit to be derived from corrective action compared to the cost ofconducting such corrective action;
(2) the degree to which human health and the environment are actuallyaffected by exposure to contamination;
(3) the present and future use of an affected aquifer or surface water;
(4) the effect that interim or immediate remedial measures will have onfuture costs;
(5) the amount of moneys available for corrective action in the drycleaningfacility release trust fund; and
(6) such additional factors as the secretary considers relevant.
(e) Establishing criteria under which a determination may be made by thedepartment of the level at which corrective action shall be deemed completed.Criteria for determining completion of corrective action shall be based on thefactors set forth in subsection (d) and:
(1) Individual site characteristics including natural remediation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from establishedcriteria is appropriate, based on the degree to which the desired remediationlevel is achievable and may be reasonably and cost effectively implemented,subject to the limitation thatwhere a state water quality standard is applicable, a deviation may not resultin the application of standards more stringent than that standard; and
(4) such additional factors as the secretary considers relevant.
65-34,143.Rules and regulations.The secretary is authorized and directed to adopt rules andregulations necessary to administer and enforce the provisions of this act. Anyrules and regulations so adopted shall be reasonably necessary to preserve,protect and maintain the waters and other natural resources of this state andreasonably necessary to provide for prompt corrective action of releases fromdrycleaning facilities. Consistent with these purposes, the secretary shalladopt rules and regulations:
(a) Establishing performance standards for drycleaning facilities firstbrought into use on or after the effective date of regulations authorized bythis subsection. Such performance standards shall be effectivewhen the rules and regulations adopted by the secretary become final. Thesecretary shall make the secretary's best efforts to adopt such rules andregulations so that they become finalwithin 180 daysafter the effective date of this act. The performance standards for newdrycleaning facilities shall allow the use of new technology as it becomesavailable and shall at a minimum include provisions which are at least asprotective of human health and the environment as the following:
(1) A requirement for the proper storage and disposal of those wastes whichare generated ata drycleaning facility and which contain any quantity of drycleaningsolvent.
(2) A prohibition of the discharge of wastewater from drycleaning units orof drycleaning solvent from drycleaning operations to any sanitary sewer orseptic tank or to the waters of this state.
(3) A requirement of compliance withthe national emissionstandards for hazardous air pollutants for perchlorethylene dry cleaningfacilities promulgated by the United States environmental protection agency onSeptember 22, 1993.
(4) A requirement that dikes or other containment structures be installedaround each drycleaning unit and each drycleaning solvent or waste storagearea, whichstructures shall be capable of containing any leak, spill or release ofdrycleaning solvent.
(5) A requirement that those portions of all diked floor surfaces upon whichany drycleaning solvent may leak, spill or otherwise be released be of epoxy,steel or other materialimpervious to drycleaning solvents.
(6) A requirement that all chlorinated drycleaning solvents be delivered todrycleaning facilities by means of closed, direct-coupled delivery systems, butonly after such systems become generally available.
(b) Adopting a schedule requiring the retrofitting of drycleaning facilitiesin existence on or before the effective date of rules and regulationsauthorized bysubsection (a) to implement the performance standards establishedpursuant to subsection (a). The schedule may phase in the standards authorizedby this subsection at different times but shall make all such standardseffective no later than five years after theeffective date of this act.
(c) Establishing requirements for removal of drycleaning solvents and wastesfrom drycleaning facilities which are to be closed by the owner inorder to prevent future releases.
(d) Establishing criteria to prioritize the expenditure of fundsfrom the drycleaning facility release trust fund. The criteria shall includeconsideration of:
(1) The benefit to be derived from corrective action compared to the cost ofconducting such corrective action;
(2) the degree to which human health and the environment are actuallyaffected by exposure to contamination;
(3) the present and future use of an affected aquifer or surface water;
(4) the effect that interim or immediate remedial measures will have onfuture costs;
(5) the amount of moneys available for corrective action in the drycleaningfacility release trust fund; and
(6) such additional factors as the secretary considers relevant.
(e) Establishing criteria under which a determination may be made by thedepartment of the level at which corrective action shall be deemed completed.Criteria for determining completion of corrective action shall be based on thefactors set forth in subsection (d) and:
(1) Individual site characteristics including natural remediation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from establishedcriteria is appropriate, based on the degree to which the desired remediationlevel is achievable and may be reasonably and cost effectively implemented,subject to the limitation thatwhere a state water quality standard is applicable, a deviation may not resultin the application of standards more stringent than that standard; and
(4) such additional factors as the secretary considers relevant.
65-34,143.Rules and regulations.The secretary is authorized and directed to adopt rules andregulations necessary to administer and enforce the provisions of this act. Anyrules and regulations so adopted shall be reasonably necessary to preserve,protect and maintain the waters and other natural resources of this state andreasonably necessary to provide for prompt corrective action of releases fromdrycleaning facilities. Consistent with these purposes, the secretary shalladopt rules and regulations:
(a) Establishing performance standards for drycleaning facilities firstbrought into use on or after the effective date of regulations authorized bythis subsection. Such performance standards shall be effectivewhen the rules and regulations adopted by the secretary become final. Thesecretary shall make the secretary's best efforts to adopt such rules andregulations so that they become finalwithin 180 daysafter the effective date of this act. The performance standards for newdrycleaning facilities shall allow the use of new technology as it becomesavailable and shall at a minimum include provisions which are at least asprotective of human health and the environment as the following:
(1) A requirement for the proper storage and disposal of those wastes whichare generated ata drycleaning facility and which contain any quantity of drycleaningsolvent.
(2) A prohibition of the discharge of wastewater from drycleaning units orof drycleaning solvent from drycleaning operations to any sanitary sewer orseptic tank or to the waters of this state.
(3) A requirement of compliance withthe national emissionstandards for hazardous air pollutants for perchlorethylene dry cleaningfacilities promulgated by the United States environmental protection agency onSeptember 22, 1993.
(4) A requirement that dikes or other containment structures be installedaround each drycleaning unit and each drycleaning solvent or waste storagearea, whichstructures shall be capable of containing any leak, spill or release ofdrycleaning solvent.
(5) A requirement that those portions of all diked floor surfaces upon whichany drycleaning solvent may leak, spill or otherwise be released be of epoxy,steel or other materialimpervious to drycleaning solvents.
(6) A requirement that all chlorinated drycleaning solvents be delivered todrycleaning facilities by means of closed, direct-coupled delivery systems, butonly after such systems become generally available.
(b) Adopting a schedule requiring the retrofitting of drycleaning facilitiesin existence on or before the effective date of rules and regulationsauthorized bysubsection (a) to implement the performance standards establishedpursuant to subsection (a). The schedule may phase in the standards authorizedby this subsection at different times but shall make all such standardseffective no later than five years after theeffective date of this act.
(c) Establishing requirements for removal of drycleaning solvents and wastesfrom drycleaning facilities which are to be closed by the owner inorder to prevent future releases.
(d) Establishing criteria to prioritize the expenditure of fundsfrom the drycleaning facility release trust fund. The criteria shall includeconsideration of:
(1) The benefit to be derived from corrective action compared to the cost ofconducting such corrective action;
(2) the degree to which human health and the environment are actuallyaffected by exposure to contamination;
(3) the present and future use of an affected aquifer or surface water;
(4) the effect that interim or immediate remedial measures will have onfuture costs;
(5) the amount of moneys available for corrective action in the drycleaningfacility release trust fund; and
(6) such additional factors as the secretary considers relevant.
(e) Establishing criteria under which a determination may be made by thedepartment of the level at which corrective action shall be deemed completed.Criteria for determining completion of corrective action shall be based on thefactors set forth in subsection (d) and:
(1) Individual site characteristics including natural remediation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from establishedcriteria is appropriate, based on the degree to which the desired remediationlevel is achievable and may be reasonably and cost effectively implemented,subject to the limitation thatwhere a state water quality standard is applicable, a deviation may not resultin the application of standards more stringent than that standard; and
(4) such additional factors as the secretary considers relevant.
