38 §2302. Toxics use reduction and hazardous waste management policy (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)
§2302. Toxics use reduction and hazardous waste management policy
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)
It is the policy of the State to reduce the amount of the toxic substances used in the State, to reduce worker and environmental exposure to the release of toxic substances, to reduce the hazardous waste generated within the State and to minimize the transfer of toxic pollutants from one environmental medium to another. The State encourages an integrated approach to toxics use reduction, toxics release reduction and hazardous waste reduction based on the hierarchies of pollution prevention management strategies included in this section. It is further the policy of the State that the process of reducing the use and release of toxic substances and reducing the generation of hazardous waste through planning and analysis of manufacturing and commercial processes is ongoing and that the principles of continuous improvement in pollution prevention and open, public accountability must be applied to environmental quality management efforts in both public and private facilities. [1999, c. 348, §1 (AMD).]
1. Toxics use reduction. The State encourages reducing the use of toxic substances through changes in production or other processes or operations, in products or in raw materials that reduce, avoid or eliminate the use or production of toxic substances without creating substantial new or increased risks to public health, safety and the environment. These changes may be made through the application of any of the following techniques:
A. Input substitution, which refers to replacing a toxic substance or raw material used in a production or other process or operation with a nontoxic or less toxic substance; [1989, c. 929, §7 (NEW).]
B. Product reformulation, which refers to substituting for an existing end product an end product that is nontoxic or less toxic upon use, release or disposal; [1989, c. 929, §7 (NEW).]
C. Production or other process or operation redesign or modification; [1989, c. 929, §7 (NEW).]
D. Production or other process or operation modernization, which refers to upgrading or replacing existing equipment and methods; and [1989, c. 929, §7 (NEW).]
E. Improved operation and maintenance controls of production or other process or operation equipment and methods including, but not limited to, improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods. [1989, c. 929, §7 (NEW).]
[ 1991, c. 520, §10 (AMD) .]
2. Toxics release reduction. The State encourages reducing the release of toxics during manufacturing and other processes through, in addition to encouraging the toxics use reduction techniques specified in subsection 1, in-plant changes in production or other processes or operations that reduce or avoid exposure of workers and the environment to toxics.
A. [1991, c. 520, §10 (RP).]
B. [1991, c. 520, §10 (RP).]
[ 1999, c. 348, §2 (AMD) .]
3. Hazardous waste reduction. The State encourages reducing the generation of hazardous waste through, in addition to any toxics use and release reduction techniques employed by the facility, the application of the following techniques:
A. Recovery of toxics from production and other processes for reuse; [1989, c. 929, §7 (NEW).]
B. On-site recycling of hazardous waste; [1989, c. 929, §7 (NEW).]
C. Off-site recycling of hazardous waste; and [1991, c. 520, §10 (AMD).]
D. Treatment, other than incineration, of hazardous waste to reduce volume or toxicity or both. [1993, c. 732, Pt. A, §12 (AMD).]
E. [1991, c. 520, §10 (RP).]
[ 1999, c. 348, §3 (AMD) .]
4. State facilities. The Commissioner of Administrative and Financial Services, in consultation with the commissioner, shall lead the development of a pollution prevention system for state facilities by January 1, 2005 focusing on compliance with all relevant environmental regulatory and statutory requirements, improved environmental performance, reduction of toxics use and pollution prevention opportunities.
[ 1999, c. 348, §4 (NEW) .]
SECTION HISTORY
1989, c. 929, §7 (NEW). 1991, c. 520, §10 (AMD). 1993, c. 732, §A12 (AMD). 1999, c. 348, §§1-4 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).