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27-0900 – Applicability.

§ 27-0900. Applicability. It is the purpose of this title to regulate the management of hazardous waste (from its generation, storage, transportation, treatment and disposal) in this state and to do so in a manner consistent with the Federal Solid Waste Disposal Act, as amended by public law 94-580, the Resource Conservation and Recovery Act […]

27-0901 – Definitions.

§ 27-0901. Definitions. When used in this title: 1. “Administrator” means the administrator of the federal environmental protection agency. 2. “Disposal” means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. Disposal also means the thermal destruction of […]

27-0903 – Identification and Listing of Hazardous Waste.

§ 27-0903. Identification and listing of hazardous waste. 1. The commissioner shall promulgate regulations in a manner consistent with the state administrative procedure act, setting forth the criteria for identification and listing of hazardous wastes. Based on these criteria, the commissioner shall promulgate a list of hazardous wastes (which list shall also include a sublist […]

27-0905 – Manifest System.

§ 27-0905. Manifest system. Not later than six months after the promulgation of regulations for hazardous wastes pursuant to paragraph one of section 27-0903 of this title, and after consultation and coordination with the commissioner of transportation, the commissioner shall promulgate in a manner consistent with the state administrative procedure act, regulations establishing a manifest […]

27-0907 – Standards Applicable to Generators of Hazardous Waste.

§ 27-0907. Standards applicable to generators of hazardous waste. Not later than eighteen months after the effective date of this title, in a manner consistent with the state administrative procedure act, the commissioner shall promulgate regulations establishing standards which shall be applicable to generators of hazardous waste identified or listed under this title, necessary to […]

27-0908 – Hazardous Waste Reduction Plans.

§ 27-0908. Hazardous waste reduction plans. 1. When used in this section, the following terms shall have the following definitions: a. “Acute hazardous waste” means any waste identified or listed as such in the regulations promulgated under section 27-0903 of this title. b. “Generator” means any person, by site, whose act or process produces hazardous […]

27-0909 – Standards Applicable to Transporters of Hazardous Waste.

§ 27-0909. Standards applicable to transporters of hazardous waste. Not later than eighteen months after the effective date of this title, and after consultation and coordination with the commissioner of transportation, and after opportunity for public hearings, the commissioner shall promulgate regulations establishing such standards which shall be applicable to transporters of hazardous waste identified […]

27-0910 – Standards Applicable to Marketers of Hazardous Waste Fuel.

§ 27-0910. Standards applicable to marketers of hazardous waste fuel. The commissioner shall promulgate regulations establishing standards applicable to any person who distributes or markets any fuel which is produced from (a) facilities which produce a fuel (i) from any hazardous waste identified or listed in the regulations promulgated under section 27-0903 of this title […]

27-0911 – Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities.

§ 27-0911. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. 1. Standards applicable to owners and operators of hazardous waste treatment, storage and disposal facilities shall be those established in title seven of this article, and the regulations promulgated thereunder, shall be consistent with comparable standards promulgated by the […]

27-0912 – Land Disposal of Hazardous Waste.

§ 27-0912. Land disposal of hazardous waste. 1. The commissioner may promulgate rules and regulations restricting or prohibiting the land disposal of specified hazardous wastes which are identified or listed pursuant to section 27-0903 of this title. Such rules and regulations may also restrict or prohibit the storage of any hazardous waste, or classes of […]

27-0915 – Inspections and General Reporting.

§ 27-0915. Inspections and general reporting. 1. For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this title, any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall, upon oral or written request of any officer or employee of the department, when […]

27-0916 – Department Authority for Cleanups.

§ 27-0916. Department authority for cleanups. 1. The department shall have authority to clean up or return to its original state any area where hazardous wastes were disposed, possessed or dealt in unlawfully in violation of section 27-0914 of this article. For the purpose of this section “the original state of the area” shall mean […]

27-0917 – Financial Requirements for Hazardous Waste Facilities.

§ 27-0917. Financial requirements for hazardous waste facilities. 1. Within eighteen months after the effective date of this section, the commissioner shall promulgate regulations for hazardous waste facilities identifying financial requirements to be included as conditions in hazardous waste facility permits for the remediation of failures during operation and after facility closure, for facility closure, […]

27-0918 – Closure and Post-Closure Plans.

§ 27-0918. Closure and post-closure plans. 1. Owners and operators of hazardous waste facilities shall submit to the department for its approval plans for the closure and post-closure monitoring and maintenance of their facilities. The department may promulgate rules and regulations concerning the contents of such plans. Such regulations shall reflect due consideration of relevant […]

27-0919 – Proprietary Information.

§ 27-0919. Proprietary information. The department shall hold confidential any information concerning the chemical composition, quantity, method of treatment or disposal of hazardous waste or any information related thereto when shown by any person that such information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of […]

27-0920 – Reports.

§ 27-0920. Reports. 1. Subject to the moneys available to the department for such purposes, the department shall submit to the governor, the temporary president of the senate and the speaker of the assembly on an annual basis a complete and detailed report setting forth: (a) The status of all permits issued and pending for […]

27-0921 – Short-Term Management.

§ 27-0921. Short-term management. 1. a. The commissioner shall immediately begin preparation of a proposal for a short-term hazardous waste management program for the effective and safe disposal, treatment and storage of hazardous waste. Such program shall be coordinated with the on-going comprehensive program for the long-term treatment and disposal of hazardous waste. b. As […]

27-0922 – Prohibitions.

§ 27-0922. Prohibitions. The use of waste oil or used oil or other material which is contaminated or mixed with any chlorinated dibenzo-p-dioxin, or any other hazardous waste identified or listed according to the regulations promulgated pursuant to section 27-0903 of this title (other than a waste identified solely on the basis of ignitability), for […]