38 §2307-A. Authority to review; modification (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)
§2307-A. Authority to review; modification
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)
1. Plan summary. The commissioner may require the owner or operator of a facility to submit a summary of the pollution prevention plan required under section 2305 within 60 days when:
A. A facility has not made sufficient progress in reducing toxics use, toxics release or hazardous waste generation as evidenced by the facility's progress report; or [1999, c. 348, §12 (NEW).]
B. A new facility has toxics use, toxics release or hazardous generation rates that are significantly greater per unit of product than in similar facilities within the same standard industrial code category. [1999, c. 348, §12 (NEW).]
A plan summary submitted to the commissioner pursuant to this subsection must include the evaluation methods used, the findings and conclusions and the implementation schedule. An owner or operator may designate information in a plan summary as confidential under section 1310-B.
The commissioner may review a plan summary, pursuant to subsection 2, and require the owner or operator of a facility to make any modifications to the plan summary necessary for compliance with this chapter.
[ 1999, c. 348, §12 (NEW) .]
2. Review of plan summary. In reviewing the adequacy of a plan summary, the commissioner shall base a determination on whether the plan summary is complete and prepared in accordance with the facility goals and guidelines established pursuant to this chapter. In reviewing a plan summary, the commissioner has the authority to require the owner or operator of the facility to provide information the commissioner finds necessary to analyze the reviewed document.
If the commissioner determines that a plan summary is inadequate, the commissioner shall notify the owner or operator of the facility of the inadequacy, identifying the specific deficiencies. The commissioner may specify a reasonable time period of not less than 90 days within which the owner or operator of the facility must submit a modified plan summary addressing the specified deficiencies. The commissioner may, upon request, provide technical assistance, if available, to aid the owner or operator of the facility in modifying the plan summary.
If the commissioner determines that a modified plan summary is inadequate, the commissioner may either require further modification or assess fees as provided in section 2313. If a generator fails to submit a modified plan summary within the required time period, the commissioner may assess additional fees as established in section 1319-I, subsection 2-A.
[ 1999, c. 348, §12 (NEW) .]
3. Review of plan. The commissioner shall review the pollution prevention plan of a facility when, in the commissioner's judgment, the plan summary indicates significant deficiencies in the pollution prevention efforts at the facility or when the facility fails to reach any of its reduction goals by more than 25%, as indicated in the plan summary. The commissioner may require the owner or operator of a facility to make any modifications to a pollution prevention plan necessary for compliance with this chapter. In reviewing a pollution prevention plan, the commissioner has the authority to require the owner or operator of the facility to provide information the commissioner finds necessary to analyze the reviewed document. If the commissioner requires the owner or operator of the facility to modify a pollution prevention plan, the commissioner shall allow a reasonable time period of not less than 90 days for the modifications to be made and shall consider the financial impact of the changes or modifications on the owner or operator of the facility. The owner or operator of a facility may appeal to the board a decision of the commissioner to require the owner or operator to modify a pollution prevention plan under this subsection or subsection 4.
[ 1999, c. 348, §12 (NEW) .]
4. Municipal petition for review of plan. The commissioner shall review the pollution prevention plan of a facility upon receipt of a petition to review the plan submitted by the municipal officers in the municipality in which the facility is located. The commissioner shall make a written determination on whether the plan meets the facility goals and guidelines of this chapter and explain the reasons for the determination. If the commissioner determines that the plan is inadequate, the commissioner may require the owner or operator of the facility to make modifications pursuant to this section.
[ 1999, c. 348, §12 (NEW) .]
5. Confidentiality. Upon a satisfactory showing to the commissioner by the owner or operator of a facility required to submit information under this chapter that a progress report or plan summary developed under this chapter, if made public, would divulge methods, processes or other information entitled to protection, the commissioner shall hold as confidential that progress report or plan summary or a portion of that progress report or plan summary pursuant to section 1310-B.
[ 1999, c. 348, §12 (NEW) .]
SECTION HISTORY
1999, c. 348, §12 (NEW). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).