§ 130A‑295. Additionalrequirements for hazardous waste facilities.
(a) An applicant for apermit for a hazardous waste facility shall satisfy the Department that:
(1) Any hazardous wastefacility constructed or operated by the applicant, or any parent or subsidiarycorporation if the applicant is a corporation, has been operated in accordance,with sound waste management practices and in substantial compliance withfederal and state laws, regulations and rules; and
(2) The applicant, orany parent or subsidiary corporation if the applicant is a corporation, isfinancially qualified to operate the proposed hazardous waste facility.
(b) An applicant for apermit for a hazardous waste facility shall satisfy the Department that he hasmet the requirements of subsection (a) of this section before the Department isrequired to otherwise review the application. In order to continue to hold apermit under this Chapter, a permittee must remain financially qualified andmust provide any information requested by the Department to demonstrate that hecontinues to be financially qualified.
(c) No permit for anynew commercial hazardous waste treatment, storage, or disposal facility shallbe issued or become effective, and no permit for a commercial hazardous wastetreatment, storage, or disposal facility shall be modified until the applicanthas satisfied the Department that such facility is needed to meet the currentor projected hazardous waste management needs of this State or to comply withthe terms of any interstate agreement for the management of hazardous waste towhich the State is a party. The Commission shall adopt rules to implement thissubsection.
(d) At least 120 daysprior to submitting an application, an applicant for a permit for a hazardouswaste facility shall provide to the county in which the facility is located, toany municipality with planning jurisdiction over the site of the facility, andto all emergency response agencies that have a role under the contingency planfor the facility all of the following information:
(1) Information on thenature and type of operations to occur at the facility.
(2) Identification ofthe properties of the hazardous waste to be managed at the facility.
(3) A copy of the draftcontingency plan for the facility that includes the proposed role for eachlocal government and each emergency response agency that received informationunder this subsection.
(4) Information on thehazardous waste locations within the facility.
(e) Within 60 days ofreceiving the information, each local government and emergency response agencythat receives information under subsection (d) of this section shall respond tothe applicant in writing as to the adequacy of the contingency plan and theavailability and adequacy of its resources and equipment to respond to anemergency at the facility that results in a release of hazardous waste orhazardous waste constituents into the environment according to the role setforth for the local government or emergency response agency under thecontingency plan.
(f) An applicant for apermit for a hazardous waste facility shall include documentation that eachlocal government and emergency response agency received the informationrequired under subsection (d) of this section, the written responses theapplicant received under subsection (e) of this section, and verification byeach that its resources and equipment are available and adequate to respond toan emergency at the facility in accordance with its role as set forth in thecontingency plan. If the applicant does not receive a timely verification froma local government or emergency response agency notified under subsection (d)of this section, the Department shall verify the adequacy of resources andequipment for emergency response during the course of review of the permitapplication, taking into account any contracts entered into by the applicantfor such emergency response resources.
(g) At each two‑yearinterval after a permit for a hazardous waste facility is issued, the permitholder shall verify that the resources and equipment of each local governmentand emergency response agency are available and adequate to respond to anemergency at the facility in accordance with its role as set forth in thecontingency plan and shall submit this verification to the Department. (1981, c. 704, s. 7; 1983, c.891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 8; 1987, § 461, s. 3; 1989, c.168, s. 24; 2007‑107, s. 1.2(a).)
§ 130A‑295. Additionalrequirements for hazardous waste facilities.
(a) An applicant for apermit for a hazardous waste facility shall satisfy the Department that:
(1) Any hazardous wastefacility constructed or operated by the applicant, or any parent or subsidiarycorporation if the applicant is a corporation, has been operated in accordance,with sound waste management practices and in substantial compliance withfederal and state laws, regulations and rules; and
(2) The applicant, orany parent or subsidiary corporation if the applicant is a corporation, isfinancially qualified to operate the proposed hazardous waste facility.
(b) An applicant for apermit for a hazardous waste facility shall satisfy the Department that he hasmet the requirements of subsection (a) of this section before the Department isrequired to otherwise review the application. In order to continue to hold apermit under this Chapter, a permittee must remain financially qualified andmust provide any information requested by the Department to demonstrate that hecontinues to be financially qualified.
(c) No permit for anynew commercial hazardous waste treatment, storage, or disposal facility shallbe issued or become effective, and no permit for a commercial hazardous wastetreatment, storage, or disposal facility shall be modified until the applicanthas satisfied the Department that such facility is needed to meet the currentor projected hazardous waste management needs of this State or to comply withthe terms of any interstate agreement for the management of hazardous waste towhich the State is a party. The Commission shall adopt rules to implement thissubsection.
(d) At least 120 daysprior to submitting an application, an applicant for a permit for a hazardouswaste facility shall provide to the county in which the facility is located, toany municipality with planning jurisdiction over the site of the facility, andto all emergency response agencies that have a role under the contingency planfor the facility all of the following information:
(1) Information on thenature and type of operations to occur at the facility.
(2) Identification ofthe properties of the hazardous waste to be managed at the facility.
(3) A copy of the draftcontingency plan for the facility that includes the proposed role for eachlocal government and each emergency response agency that received informationunder this subsection.
(4) Information on thehazardous waste locations within the facility.
(e) Within 60 days ofreceiving the information, each local government and emergency response agencythat receives information under subsection (d) of this section shall respond tothe applicant in writing as to the adequacy of the contingency plan and theavailability and adequacy of its resources and equipment to respond to anemergency at the facility that results in a release of hazardous waste orhazardous waste constituents into the environment according to the role setforth for the local government or emergency response agency under thecontingency plan.
(f) An applicant for apermit for a hazardous waste facility shall include documentation that eachlocal government and emergency response agency received the informationrequired under subsection (d) of this section, the written responses theapplicant received under subsection (e) of this section, and verification byeach that its resources and equipment are available and adequate to respond toan emergency at the facility in accordance with its role as set forth in thecontingency plan. If the applicant does not receive a timely verification froma local government or emergency response agency notified under subsection (d)of this section, the Department shall verify the adequacy of resources andequipment for emergency response during the course of review of the permitapplication, taking into account any contracts entered into by the applicantfor such emergency response resources.
(g) At each two‑yearinterval after a permit for a hazardous waste facility is issued, the permitholder shall verify that the resources and equipment of each local governmentand emergency response agency are available and adequate to respond to anemergency at the facility in accordance with its role as set forth in thecontingency plan and shall submit this verification to the Department. (1981, c. 704, s. 7; 1983, c.891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 8; 1987, § 461, s. 3; 1989, c.168, s. 24; 2007‑107, s. 1.2(a).)
§ 130A‑295. Additionalrequirements for hazardous waste facilities.
(a) An applicant for apermit for a hazardous waste facility shall satisfy the Department that:
(1) Any hazardous wastefacility constructed or operated by the applicant, or any parent or subsidiarycorporation if the applicant is a corporation, has been operated in accordance,with sound waste management practices and in substantial compliance withfederal and state laws, regulations and rules; and
(2) The applicant, orany parent or subsidiary corporation if the applicant is a corporation, isfinancially qualified to operate the proposed hazardous waste facility.
(b) An applicant for apermit for a hazardous waste facility shall satisfy the Department that he hasmet the requirements of subsection (a) of this section before the Department isrequired to otherwise review the application. In order to continue to hold apermit under this Chapter, a permittee must remain financially qualified andmust provide any information requested by the Department to demonstrate that hecontinues to be financially qualified.
(c) No permit for anynew commercial hazardous waste treatment, storage, or disposal facility shallbe issued or become effective, and no permit for a commercial hazardous wastetreatment, storage, or disposal facility shall be modified until the applicanthas satisfied the Department that such facility is needed to meet the currentor projected hazardous waste management needs of this State or to comply withthe terms of any interstate agreement for the management of hazardous waste towhich the State is a party. The Commission shall adopt rules to implement thissubsection.
(d) At least 120 daysprior to submitting an application, an applicant for a permit for a hazardouswaste facility shall provide to the county in which the facility is located, toany municipality with planning jurisdiction over the site of the facility, andto all emergency response agencies that have a role under the contingency planfor the facility all of the following information:
(1) Information on thenature and type of operations to occur at the facility.
(2) Identification ofthe properties of the hazardous waste to be managed at the facility.
(3) A copy of the draftcontingency plan for the facility that includes the proposed role for eachlocal government and each emergency response agency that received informationunder this subsection.
(4) Information on thehazardous waste locations within the facility.
(e) Within 60 days ofreceiving the information, each local government and emergency response agencythat receives information under subsection (d) of this section shall respond tothe applicant in writing as to the adequacy of the contingency plan and theavailability and adequacy of its resources and equipment to respond to anemergency at the facility that results in a release of hazardous waste orhazardous waste constituents into the environment according to the role setforth for the local government or emergency response agency under thecontingency plan.
(f) An applicant for apermit for a hazardous waste facility shall include documentation that eachlocal government and emergency response agency received the informationrequired under subsection (d) of this section, the written responses theapplicant received under subsection (e) of this section, and verification byeach that its resources and equipment are available and adequate to respond toan emergency at the facility in accordance with its role as set forth in thecontingency plan. If the applicant does not receive a timely verification froma local government or emergency response agency notified under subsection (d)of this section, the Department shall verify the adequacy of resources andequipment for emergency response during the course of review of the permitapplication, taking into account any contracts entered into by the applicantfor such emergency response resources.
(g) At each two‑yearinterval after a permit for a hazardous waste facility is issued, the permitholder shall verify that the resources and equipment of each local governmentand emergency response agency are available and adequate to respond to anemergency at the facility in accordance with its role as set forth in thecontingency plan and shall submit this verification to the Department. (1981, c. 704, s. 7; 1983, c.891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 8; 1987, § 461, s. 3; 1989, c.168, s. 24; 2007‑107, s. 1.2(a).)
