260.396. PCB, definition--facilities, regulation of--list of PCB facilities--compliance with requirements, time limitation.

PCB, definition--facilities, regulation of--list of PCBfacilities--compliance with requirements, time limitation.

260.396. 1. For the purposes of this section, "PCB" or "polychlorinatedbiphenyls" shall mean any chemical substance that is limited to the biphenylmolecule which has been chlorinated to varying degrees or any combination ofsubstances which contain such substances at concentrations of fifty parts permillion or above; and "PCB facility" shall mean any facility, includingbrokerage, storage, treatment and disposal facilities, which accepts PCBs andPCB contaminated materials on a commercial basis for remuneration.

2. All commercial PCB facilities located in the state shall be permittedas hazardous waste management facilities in accordance with the provisions ofsection 260.350 to 260.430, or permitted under the provisions of the federalToxic Substances Control Act, 15 U.S.C. 2601, et seq., whichever are morestringent. Such facilities shall require the consignor to prepare a hazardouswaste manifest which shall accompany shipments of PCBs and PCB contaminatedmaterials from the point of origin to the final destination.

3. The department of natural resources shall compile and maintain a listof all commercial PCB facilities in the state.

4. All commercial PCB facilities in operation on August 13, 1986, willhave one hundred twenty days from August 13, 1986, to meet the requirements ofthis section. A PCB facility shall be considered in compliance with theprovisions of this section if a letter of intent has been filed with thedepartment to construct, alter or operate a commercial PCB facility and thePCB facility otherwise complies with the provisions of subsection 7 of section260.395, and until such time as the department may grant or deny a permit forthe facility.

(L. 1986 H.B. 875 & 1649 § 2)