38 §2304-A. Regulated community (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)

Title 38: WATERS AND NAVIGATION

Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION HEADING: PL 1989, C. 929, §7 (NEW)

§2304-A. Regulated community

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)

1. Plans and reports required. Owners or operators of the following facilities shall prepare pollution prevention plans and biennial progress reports consistent with the requirements of this chapter, unless exempted under subsection 2:

A. Facilities subject to reporting requirements for extremely hazardous substances under the SARA, Title III, Section 312; [1999, c. 348, §7 (NEW).]

B. Facilities required to report under the SARA, Title III, Section 313; and [1999, c. 348, §7 (NEW).]

C. Facilities that ship more than 2,640 pounds of hazardous waste in a calendar year. [2001, c. 212, §7 (AMD).]

[ 2001, c. 212, §7 (AMD) .]

2. Exemptions. The following are exempt from the planning, reporting and fee requirements of this chapter:

A. Drinking water supply treatment facilities; [1999, c. 348, §7 (NEW).]

B. Municipal wastewater treatment facilities; [1999, c. 348, §7 (NEW).]

C. Wholesale distributors of chemicals; [1999, c. 348, §7 (NEW).]

D. Hazardous substance transporters; [1999, c. 348, §7 (NEW).]

E. Retail and wholesale distribution facilities of motor fuel, aviation fuel, heating oil or other refined petroleum products; [1999, c. 348, §7 (NEW).]

F. Agricultural activities; [1999, c. 348, §7 (NEW).]

G. Commercial hazardous waste treatment or storage facilities; [1999, c. 348, §7 (NEW).]

H. For purposes of the planning, reporting and fee requirements relating to hazardous waste generation only, pilot plants or pilot production units; [1999, c. 348, §7 (NEW).]

I. Hazardous waste transporters; [1999, c. 348, §7 (NEW).]

J. Hazardous waste generated as a result of remedial or corrective actions or facility closures required by law or undertaken to protect employee health and safety, public health and safety or the environment; [1999, c. 348, §7 (NEW).]

K. Households; [1999, c. 348, §7 (NEW).]

L. Zinc emissions from tire burning; [1999, c. 779, §4 (AMD).]

M. Sulfuric acid emissions from burning fuel that is approved by the department; and [1999, c. 779, §4 (AMD).]

N. Lamps, mercury-containing thermostats, polychlorinated biphenyl ballast and batteries defined as universal waste in 40 Code of Federal Regulations, Section 273.2. [1999, c. 779, §5 (NEW).]

[ 1999, c. 779, §§4, 5 (AMD) .]

SECTION HISTORY

1999, c. 348, §7 (NEW). 1999, c. 779, §§4,5 (AMD). 2001, c. 212, §§7,8 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).