§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§1319-T. Criminal provisions In addition to being subject to civil penalties as provided by section 349, subsection 2 and to criminal penalties as provided in section 349, subsection 3, conduct described in subsections 1 and 2 is subject to criminal penalties as follows. [PL 1991, c. 548, Pt. A, §32 (AMD).] 1. Penalty provisions. […]
§1319-U. Forfeiture; civil liability (REALLOCATED FROM TITLE 38, SECTION 1306-C) 1. Property forfeited. The following property shall be subject to forfeiture to the State and all property rights therein shall be in the State: A. All conveyances which are used or intended for use in handling or transporting hazardous waste in violation of this […]
§1319-V. Corrective action 1. Requirement. The facility owner or operator shall undertake corrective action beyond the facility boundary or site to remove the danger to public health or the environment unless the facility owner or operator demonstrates to the satisfaction of the board that the owner or operator is unable to undertake the action and […]
§1319-W. Rights of action against financial guarantors If the owner or operator of a facility permitted under this subchapter is in liquidation, reorganization or adjustment pursuant to the federal Bankruptcy Reform Act of 1978, Public Law 95-598, as amended, or when, with reasonable diligence, jurisdiction in any state court or any federal court can not […]
§1319-X. Criteria for development of waste oil facilities and biomedical waste facilities The following criteria for facility development apply to an application for a waste oil facility or a new or substantially modified biomedical waste treatment or disposal facility in addition to other criteria established by law or rule for those facilities. [PL 2021, […]
§1319-Y. Requirements for used oil collection centers Owners and operators of used oil collection centers who wish to register their used oil collection centers for the purposes of section 1319-G, subsection 3 must comply with the following requirements in addition to any other requirements that may be established in rules adopted pursuant to section 1319-O, […]
