49-921. Definitions In this article, unless the context otherwise requires: 1. " Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing hazardous waste into or on land or water so that hazardous waste or any constituent of hazardous waste may enter the environment, be emitted into the air or discharged into any waters, including […]
49-922. Department rules and standards; prohibited permittees A. The director shall adopt rules to establish a hazardous waste management program equivalent to and consistent with the federal hazardous waste regulations promulgated pursuant to subtitle C of the federal act. Federal hazardous waste regulations may be adopted by reference. The director shall not adopt a nonprocedural […]
49-922.01. Hazardous waste manifest errors; penalty; disposition of monies A. If a manifest for a shipment of hazardous waste required to be submitted to the director is improperly completed, the department may return it to the person who prepared the manifest and require the person to properly complete and resubmit the manifest. The fee for […]
49-923. Compliance orders; civil penalties; injunctive relief A. If the director has reasonable cause to believe that a person is violating this article or a permit or rule issued or adopted pursuant to this article, the director may serve on the person an order requiring compliance with such provision, permit or rule. The order shall […]
49-924. Violations; civil penalty A. A person who violates this article or any permit, rule or order issued or adopted pursuant to this article is subject to a civil penalty not exceeding twenty-five thousand dollars for each day of violation. B. The attorney general shall bring an action to recover penalties under this section in […]
49-925. Violation; classification; definition A. A person who knowingly does any of the following is guilty of a class 5 felony, a person who recklessly does any of the following is guilty of a class 6 felony and a person who knowingly or recklessly manifests an extreme indifference for human life in doing any of […]
49-926. Enforcement The attorney general may bring a civil or criminal action to enforce the provisions of this article or any statute relating to the production, distribution, storage, transportation or disposal of hazardous waste.
49-927. Hazardous waste management fund A. The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies collected pursuant to section 49-931 and monies collected as fees for issuing permits under section 49-922, subsection B, paragraph 5. Monies in the fund are subject […]
49-928. Availability of information to the public A. Any record, reports or information obtained from any person pursuant to this chapter, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information or a particular part of the information shall be […]
49-929. Annual registration of hazardous waste treatment, storage and disposal facilities, transporters and generators; fee; disposition of revenue A. All hazardous waste treatment, storage and disposal facilities, hazardous waste transporters and hazardous waste generators, except hazardous waste resource recovery facilities as defined in section 49-930, shall register annually with the department at the time and […]
49-930. Annual registration of hazardous waste resource recovery facilities; fee; maximum annual payment of fees and taxes; disposition of revenue; definitions A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year from the date […]
49-931. Hazardous waste fees; definitions A. The following fees apply: 1. A person that generates hazardous waste that is shipped off site shall pay a fee for each ton of waste generated. The department shall establish by rule a fee for the generation of hazardous waste that is shipped off site, including a maximum fee. […]
49-932. Hazardous waste fuel penalty; disposition of revenue A. A hazardous waste fuel penalty of forty cents per gallon is established for hazardous waste fuel and hazardous waste that are burned for energy recovery and that are not generated by the operation of the business of the burner. B. The director shall collect the penalty […]
