38 §2305. Pollution prevention plans (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)
§2305. Pollution prevention plans
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)
Owners or operators of facilities subject to the requirements of this chapter shall develop by January 1, 2000 and update at least every 2 years thereafter pollution prevention plans for their own use. The board may establish rules for toxics use, toxics release and hazardous waste reduction plans to be prepared pursuant to this section. A plan must include: [1999, c. 348, §8 (AMD).]
1. Management policy. A statement of facility-wide management policy regarding toxics use, toxics release and hazardous waste reduction;
[ 1989, c. 929, §7 (NEW) .]
2. Production unit analysis. The following information for each production unit:
A. Identification, characterization and accounting of the types and amounts of all toxics used, toxics released and hazardous wastes generated at the facility; [1999, c. 348, §8 (AMD).]
B. Identification, analysis and evaluation of any appropriate technologies, procedures, processes, equipment or production changes that may be utilized by the facility to reduce the amount or toxicity of toxics used, toxics released or hazardous wastes generated by that facility, including a financial analysis of the costs and benefits of reducing the amount of toxics used, toxics released and hazardous waste generated. This portion of the plan must employ the hierarchy of reduction techniques established under section 2302; [1999, c. 348, §8 (AMD).]
C. A strategy and schedule for implementing practicable reduction options for each production process utilized to meet reduction goals; [1989, c. 929, §7 (NEW).]
D. Identification of any reasonably available markets or recycling opportunities for hazardous waste generated by the facility; and [1989, c. 929, §7 (NEW).]
E. A program for maintaining records on toxics use, toxics release and hazardous waste generation rates and management costs; [1989, c. 929, §7 (NEW).]
[ 1999, c. 348, §8 (AMD) .]
2-A. Facility goals. The facility's 2-year numeric goals for reducing the aggregate amount of extremely hazardous substances used, the aggregate amount of toxic substances released and the aggregate amount of hazardous waste generated at the facility by 2002, 2004 and 2006. The goals must be established per unit of product to account for changes in the level of production activity from year to year;
[ 1999, c. 348, §8 (NEW) .]
3. Internal plan approval. The signature of a senior official with management responsibility for the person or persons completing the plan; and
[ 1999, c. 348, §8 (AMD) .]
4. Employee involvement, awareness and training. An employee awareness and training program consistent with the requirements of section 2306 to involve employees in toxics use, toxics reduction and hazardous waste reduction planning and implementation to the maximum amount feasible.
[ 1999, c. 348, §8 (AMD) .]
The plan may include a description of any pollution prevention strategies implemented at the facility after 1991 and before 1998. [1999, c. 348, §8 (NEW).]
Owners or operators of facilities shall keep a complete copy of the plan and any backup data on the premises of that facility for at least 5 years and make the copy and data available to the commissioner or the commissioner's designee upon request. [1999, c. 348, §8 (AMD).]
SECTION HISTORY
1989, c. 929, §7 (NEW). 1991, c. 520, §14 (AMD). 1999, c. 348, §8 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).