Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 27-0907
Standards applicable to generators of hazardous waste
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 9
§ 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 protect human health and the
environment. Such standards shall establish requirements respecting:

1. Recordkeeping practices that accurately identify the quantities of
such hazardous waste generated, the constituents thereof which are
significant in quantity or in potential harm to human health or the
environment, and the disposition of such wastes;

2. Labeling practices for any containers used for the storage,
transport, or disposal of hazardous waste which will identify accurately
such wastes, and be in conformance with federal transportation
requirements;

3. Use of appropriate containers for hazardous waste;

4. Furnishing of information on the chemical composition of such
hazardous waste to persons transporting, treating, storing, or disposing
of such wastes;

5. Use of the manifest system established under section 27-0905 of
this title to assure that all such waste generated is designated for
treatment, storage, or disposal in treatment, storage or disposal
facilities (other than facilities on the plant site where the waste is
generated) for which a permit has been issued as provided in section
27-0913 of this title; and

5-a. Each manifest shall contain a certification by the generator
that:

a. the generator of the hazardous waste has in place a program to
reduce the volume or quantity and toxicity of such waste to the degree
determined by the generator to be economically practicable or, if a
hazardous waste reduction plan is required by and reviewable under
section 27-0908 of this title, a program that meets the requirements of
that section; and

b. the proposed method of treatment, storage or disposal is that
practicable method currently available to the generator which minimizes
the present and future threat to human health and the environment.

6. Submission of an annual report to the commissioner, and additional
reports at such times as the commissioner deems necessary, respecting

a. the quantities and composition of hazardous wastes identified or
listed under this title, generated during a specified time period;

b. the disposition of all hazardous wastes reported under paragraph a
of this subdivision;

c. for each waste reported under paragraph a of this subdivision, the
efforts undertaken during the year to reduce the volume or quantity and
toxicity of waste generated;

d. for each waste reported under paragraph a of this subdivision, the
changes in volume or quantity and toxicity of waste actually achieved
during the year in question in comparison with previous years;

e. certification on the part of the generator that it has in place a
program to reduce the volume or quantity and toxicity of hazardous
wastes to the degree determined by the generator to be economically
practicable or, if a hazardous waste reduction plan is required by and
reviewable under section 27-0908 of this title, a program that meets the
requirements of that section; and

f. certification that the treatment, storage or disposal method
utilized by the generator is that practicable method currently available
which minimizes present and future threats to human health and the
environment.

7. The commissioner shall, within eighteen months after the effective
date of regulations promulgated by the department pursuant to section
27-0905 of this chapter and annually thereafter, prepare and submit a
report on the generating of hazardous wastes to the governor and
legislature. Such report shall include, but not be limited to, the
identity of generators within the state and the quantities, composition
and disposition of hazardous wastes generated in the preceding year.
Such information regarding quantities, composition and disposition shall
be presented in aggregated form by waste type as generated in each of
the department's administrative regions. The commissioner shall withhold
information on hazardous wastes pursuant to section 27-0919 of this
title in order to protect trade secrets.