38 §1319-I. Fees
§1319-I. Fees 1. Fees for actions taken on the site of generation. Any person in the State who generates more than 1,000 kilograms of hazardous waste in any calendar month shall pay a fee as follows: A. For hazardous waste that is disposed of on the site of generation in a licensed hazardous waste […]
38 §1319-J. Liability
§1319-J. Liability Any person who permits, causes or is responsible for a discharge or threatened discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, including personnel costs, in the removal of the discharge or threatened discharge. Funds recovered under this section must be deposited to the account from which […]
38 §1319-K. Construction
§1319-K. Construction This subchapter, being necessary for the general welfare, public health and public safety of the State and its inhabitants, shall be construed to effect the purposes set forth under this subchapter. No rule, regulation or order of the board may be stayed pending appeal under this subchapter. [PL 1981, c. 478, §7 […]
38 §1319-L. Exemption for treatment of corrosive hazardous wastes
§1319-L. Exemption for treatment of corrosive hazardous wastes 1. Licensing. A hazardous waste facility license is not required under section 1317‑A or 1319‑O for elementary neutralization units as defined in department rules for the owner or operator of the facility who complies with requirements of law applicable to elementary neutralization or elementary neutralization units. Requirements […]
38 §1319-O. Rule-making authority; hazardous waste, waste oil and biomedical waste
§1319-O. Rule-making authority; hazardous waste, waste oil and biomedical waste 1. Hazardous waste. This subsection governs rulemaking for hazardous waste. A. The department may adopt and amend rules identifying hazardous waste. It is the intent of the Legislature that the department shall identify as hazardous waste those substances that are identified by the United […]
38 §1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1310-A)
§1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1310-A) Nothing in this chapter shall be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that […]
38 §1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION 1304-A)
§1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION 1304-A) 1. Data collection and monitoring. The commissioner shall have data on the generation, transportation and handling of hazardous waste collected and monitored in a coordinated manner. [RR 2007, c. 1, §21 (COR).] 2. Report. The commissioner shall biennially, prior to November 1st, prepare a […]
38 §1319-R. Facility siting
§1319-R. Facility siting 1. Licenses for hazardous waste facilities. The department shall issue a license for a hazardous waste facility whenever the department finds that the facility will not pollute any water of the State, contaminate the ambient air, constitute a hazard to health or welfare or create a nuisance. Licenses must be issued under […]
38 §1319-S. Hazardous waste facility closure (REALLOCATED FROM TITLE 38, SECTION 1308-A)
§1319-S. Hazardous waste facility closure (REALLOCATED FROM TITLE 38, SECTION 1308-A) 1. Closure plan. Closure of any new or existing waste facility for hazardous waste and, if required, post-closure care, must be in accordance with a closure plan and, if required, a post-closure plan, approved by the board. An applicant for a license for a […]
38 §1316-D. Immunity
§1316-D. Immunity Notwithstanding Title 14, chapter 741, the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person to receive workers’ compensation or other […]