38 §2308. Cross-media pollution control (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)
§2308. Cross-media pollution control
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)
l. Prohibition. A facility subject to regulation under this chapter is prohibited from using any change in a process or material that results in increased toxics release to meet the hazardous waste reduction goals as set forth in section 2303.
[ 1991, c. 520, §17 (AMD) .]
2. Exemptions. A facility subject to regulation under this chapter may apply to the commissioner for an exemption from subsection 1 if the owner or operator demonstrates that the change resulting in the increased toxic release results in a long-term benefit to public health and the environment that outweighs the benefits of other reduction techniques and:
A. The increase in the toxic release does not cause a violation of the facility's existing wastewater discharge or air emission license or permit limits; or [1989, c. 929, §7 (NEW).]
B. If the toxics release is new to a facility's existing air or wastewater stream, or both, the facility possesses and complies with all necessary federal, state and local licenses or permits applicable for the release. [1989, c. 929, §7 (NEW).]
[ 1991, c. 520, §17 (AMD) .]
3. Exemption renewal. If granted, the exemption is valid for a 3-year period. Renewal of the exemption may be granted only if the toxics releaser or generator meets the criteria set forth in subsection 2.
[ 1989, c. 929, §7 (NEW) .]
4. Department authority. This section does not diminish the existing authority of the Department of Environmental Protection, pursuant to any laws, to establish by rule, permit, license or order, any treatment technology standards, emission or discharge limits, operation and maintenance requirements or management practices for abating, controlling or preventing a release or threat of release of hazardous substances to the environment.
[ 1989, c. 929, §7 (NEW) .]
SECTION HISTORY
1989, c. 929, §7 (NEW). 1991, c. 520, §17 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).