A
            COMPARISON OF
        STATE HAZARDOUS WASTE
       MANAGEMENT LEGISLATION
            April, 1976
      Chilton (Chet) McLaughlin
          Sanitary Engineer
      Waste Management Section
U.S..  Environmental Protection Agency
             Region VII

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                           TABLE OF CONTENTS                       27153.
                                                                Page
Introduction	  1

Comparison of Bills	;	2
   [Findings of Necessity and Purpose] 	  3
   [Definitions] 	 	  3
      General Definitions  	  5
      Hazardous Waste Management System Definitions  	  6
      Hazardous Waste Definitions  	  8
   [Powers and Duties of the Department]	16
      Duties	16
      Powers	20
   [Permits]	23
   [Hazardous Waste Treatment/Disposal Sites]  	 26
   [Transportation of Hazardous Wastes]  ....  	 29
   [Imminent Hazard] 	 	 31
   [Enforcement] 	 33
   [Hazardous Waste Technical Advisory Committee]  	 37
   [Inspections; Right of Entry] 	 39
   [Liability]	39
   [Records, Reports, Monitoring]  	  .  	 40
   [Employee Protection] 	  	 41
   [Interstate Cooperation]  	 41
   [Miscellaneous] 	 41

References	44

Appendix

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                            LIST OF TABLES

                                                                Page

Table I     -  [Definitions]		4


Table II    -  Comparison of Hazardous Waste  Definitions .  .  .  .10


Table III   -  Duties of the Department	18


Table III   -  Powers of the Department	 21


Table IV    -  [Permits] .  . '.	24
Table V     -  [Hazardous Waste Treatment/Disposal  Sites]
               and [Transportation of Hazardous Wastes]  .... 27
Table VI    -  [Imminent Hazard] and [Enforcement] .	32
Table.VII   -  [Hazardous Waste Management Technical
               Advisory Committee], [Inspections; Right of
               Entry], [Liability], and [Records, Reports,
               Monitoring]	38
Table VIII  -  [Employee Protection], [Interstate
               Cooperation],  [Miscellaneous], [Repealer],
               [Severability], [Effective Date], and
               [Codification]  	 42
                                  ii

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                         A COMPARISON OF STATE HAZARDOUS
                          WASTE MANAGEMENT LEGISLATION
Introduction

     The purpose of this presentation is to provide a graphic and descriptive
comparison of the hazardous waste management statutes or proposed acts of
the states of California (1)*, Illinois (2), Iowa (3), Minnesota (4),
Oklahoma (5), and Oregon (6) and the draft model  acts of the U.S. Environmental
Protection Agency (7) and the National  Solid Wastes Management Association (8).
The basis for comparison will be primarily the coverage of the acts.   For
the purpose-of this discussion, the use of the word "bills" will  refer to the
existing statutes, proposed acts, and draft model  acts.

     The objectives of this document are to illustrate provisions and  mecha-  .
nisms used by various states and to indicate the  sections of a bill which
could be utilized to obtain comprehensive authority.   The discussion of the
provisions of the bills is designed to present the coverage of the eight
bills.  Tables I and II through VIII provide an indication of the topics
addressed by the bills and the location of provisions in the bills.  Table II
presents the elements of the definitions of hazardous waste, and the Appendix
presents the provisions of all eight bills in a uniform framework.

     The Minnesota and Illinois bills and Iowa's  proposed bill represent ef-
forts to amend existing legislation in order to obtain comprehensive hazardous
waste management authority.  California and Oregon passed substantially new
legislation and Oklahoma has proposed new legislation.  The models compare
with efforts to obtain new legislation much better than with the amendments.

     The constraints on developing recommendations for state hazardous, waste
management authority are as follows:

     1.  The 50 states have individual  approaches which are often not
compatible.

     2.  Many states will desire to amend an existing act to provide a
comprehensive hazardous waste management program.

     3.  The problems and solutions may require unique division of.
responsibility, such as found in Minnesota where  the Minnesota Pollution
Control Agency, Metropolitan Inter-County Council, county governments, and
Minnesota Public Service Commission share the regulatory responsibility.

     4.  Many statements or provisions are not separable in various bills
or are included in attendant portions of other existing statutes.

* Numbers refer to the references listed on Page  44.

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                                       -2-
     Time did not allow for extensive research into the provisions  of the
amended statutes.  In the case of the Illinois Environmental  Protection
Act (9), the basic statements or introductions to lengthy sections  are pro-
vided as an indication of the contents of the section  without reproducing
the passages devoted to air, water, and other programs or the extensive
procedures provided for regulations, variances, penalties, enforcement,
and miscellaneous procedures.  In addition,  the complete Minnesota  legisla-
tion was not available for the comparison.

     The history of the bills under consideration are  as follows  by state:

     1.  The Oregon legislation was passed  in 1971  and codified as  459.410
to 459.690 ORS.   Amendments to the act were  passed in  1973 to clarify and
strengthen the requirements of the Act  (10).

     2.  The California legislation was approved by the Governor on
December 13, 1972, and became Chapter 1236  of the State of California
Statutes of 1972 (11).

     3.  The Minnesota legislation was an amendment to the existing
statutes and was adopted in 1974 to regulate hazardous waste  management  (4).

     4.  The Illinois amendments were passed in 1975,  amending the  Illinois
Environmental Protection Act (2).

     5.  The Iowa bill was proposed by the  Iowa Department of Environmental
Quality in 1975  and was held over for study  by a House-Senate Interim
Committee (12).

     6.  The Oklahoma bill is a committee substitute for a proposed act
and was introduced to the 2nd Session of the 35th Legislature (1976)  (5).

     7.  The National Solid Wastes Management Association (NSWMA) Legisla-
tive Model was developed by the Association's Institute of Waste  Technology's
Chemical Waste Committee and is the sixth working draft (8).

     8.  The U.S. Environmental Protection  Agency (EPA) Model  State Hazardous
Waste Management Act (Draft) was developed  by the Office of Solid Waste
Management Programs for the purpose of soliciting comments and discussion.
It is not a final draft and has not been recommended in the draft form (7).


Comparison of Bills

     The following sections have been used  to divide and compare  existing
legislation, bills or models in the Appendix and text:

     1.  [Short  Title]
     2.  [Finding of Necessity and Declaration of Purpose]
     3.  [Definitions]
     4.  [Powers and Duties of the Department]

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     5.
     6.
     7.
     8.
     9.
    10.
    11.
    12.
    13.
    1.4.
    15.
    16.
    17.
    18.
    19.
    20.
                                       -3-
[Permits]
[Hazardous Waste Treatment/Disposal Sites]
[Transportation of Hazardous Wastes]
[Imminent Hazard]
[Enforcement]
[Hazardous Waste Management Technical Advisory Board]
^Inspections,  Right  of  Entry]
liability]
[Records, Reports, Monitoring]
[Employee Protection]
^Interstate  Cooperation]
^Miscellaneous]
^Repealer]
^Severability]
[Effective Date]
[Codification]
T    These sections do not match any act in existence;  however,  they provide
a convenient framework for discussion purposes.   The sections on [Short Title},
[Repealer], [Severability], [Effective Date],  and [Codification] are unique to
each and will  not be discussed except to indicate their necessity in developing
a complete bill.  The [Miscellaneous] section  includes  provisions governing
local responsibilities, state agency responsibilities,  statements of intent or
responsibility not otherwise included in more  than one  bill.


[Findings of Necessity and Purpose]

     Only California and the two model acts include this section indicating
a decline in the usage of such statements.   The  California statement is
brief and provides a statement of both the  necessity and purpose in the
broadest of terms.  The EPA model provides  the most comprehensive statement
of necessity,  although the term "public safety"  could be added to the state-
ment.  The statement of purpose from the EPA model is the most comprehensive,
although it may be beneficial to add the NSWMA's clause concerning utiliza-
tion of private enterprise.
[Definitions]

     The first section of major importance is the [Definitions] section,
which sets the stage for the provisions which follow.   Every word which is
a key to the provisions of the law should be defined.   However, a state such
as Illinois, which amended an existing act,  relied on  the definitions of the
existing act and did not even attempt to add a definition of "hazardous
waste."  Table I presents the list of words  or terms defined for each of
the state bills and the subsections in which they are  found.  Due to the
similarity between processing and treatment  and the descriptions of hazard-
ous waste, these categories are consolidated.

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Definitions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

16.
17.
18.
19.
20.
21.
22.
23.
24.

25.
26.
27.
28.
29.
30.
•31.
32.
33.
34.
35.

1
Agency
Board
Commission
Contaminar
Corrosive
Department
Director
Disposal
Disposal
Extreme!:
Fl ammable
Generation
Handling
Hazardous
Hazardous
mentally [
Hazardous
Institute
Irritant
Manifest
Municipc
Nuclear
Open Dun
Person
Processing
Hazardous V
Processing
ment Fac
Waste Pr
Recycle
Refuse
Sani tar)
Section
Solid We
Storage
.Strong S
Toxic
Transport
Waste
Location of Definitions
on
ant
e
nt
Site
y Hazardous Waste
e
on
s Substance
s Waste (or Environ-
Hazardous Waste)
s Waste Management
e
11 ty
Installation
ping
ng (or Treatment or
s Waste Processing)
ng Facility (or Treat-
ility or Hazardous
ocessing Facility)
Landfill
ste
ensitizer
t
• TABLE I
, EPA Draft NSWMA '
California Illinois Iowa Minnesota Oklahoma Oregon No. 1 Draft No. 6
Art. 2




28748
25111
25112
25113
25114
25115
28751

25116
28743
25117


28749




25118
25119
25120
25121





28750
28745

25122
. sect. 6
(a)
(c)

(d)












(f)


(P)

(h)
(i)



(k)
(1)







Sect. 2
Sect. 3

7.

3.

Subd. 2.






5.



i




1 .
6.

Subd. 13
(see 5.) Subd. 7

4.





(see 5.)

(see 5.)



Sect. 17
(see 5.)

2.





















sect. 2





(3)

(2)
(4)





(1)







(5)
(6)
(7)



(8)






459.410


(D


(2)
3!
(4)
(5)





(6)





(7)


(see (4))
(see (5))
(see (4))




(see (4))




Sect. 3





A

B
C


D


E
K






F
I
J





. G


H

beet. 3





(1
(2'
(3
(4)



(5)

(6)



(9)



(10)
(7)
(8)





(11)




  Note, the references in parentheses refer to subsections of the state statute only.

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                                       -5-


     The definitions are grouped into three sets for the purposes  of this
discussion; general, hazardous waste management system,  and hazardous waste
definitions.  The general words or terms refer to those  common  to  most
environmental protection programs, such as the regulatory agency,  persons, etc.

     The hazardous waste management system words or terms identify and
describe the elements or activities which could be required or  regulated.
A hazardous waste management system could include generation, storage,
handling, transport, recycling, processing (or treatment or hazardous waste
processing), processing facilities (or, etc.), disposal, disposal  site,  and
manifest, which can be a mechanism or form used to follow hazardous waste
movements.  Attendant definitions for a hazardous waste  management system
could include labeling, collection, or recovery of hazardous wastes.

     The hazardous waste definitions identify the words  or terms  used to
describe materials considered hazardous.  The definition of hazardous wastes
can generally be divided into introduction, physical and hazardous criteria,  and
general statements.  The hazardous criteria, such as toxic, corrosive, etc.,
can be further defined in the legislation or be defined  by the  regulatory
agency in the rules or regulations.

     Depending on the practices of the state, all or a majority of the
definitions for the elements of a hazardous waste management system or
hazardous waste criteria may be defined in the regulations.  The  following
discussion is based only on the definitions included in  .the bills.


General Definitions

     Each bill defines either an agency or department or section  to implement
the program.  Illinois, Iowa, and Oregon define commissions or  boards with
the authority to adopt regulations and approve various official  actions.
Illinois also has an institute to provide research and other capabilities.
California, Oregon, and NSMMA defines the director's position or  title,
while Illinois and Iowa amended existing acts, which already included
definitions of a director's position.  Oklahoma created  a section  director
with specific qualifications.  Minnesota and EPA did not define a  director
but assigns  the functions of a director to an agency and department,
respectively.

     The definition of "nuclear installation" was included in the  Oregon
list to aid in the definition of hazardous wastes.  The  definition of
"person" is included in almost all bills and includes all of the  parties
to which the act applies.

     The definitions which do not appear to be critical  to development of
a hazardous waste management act are "contaminant," "municipality," "open
dumping,"  "refuse," and "sanitary landfill," all of which appear  in the
definitions of the Illinois Environmental Protection Act, which was amended
to include hazardous waste.  The solid waste management  legislation of the
state would require these or similar definitions but the hazardous waste
management legislation may not.

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                                        -6-
 Hazardous  Waste  Management System Definitions

      The  bills approach   the definition of a hazardous waste management
.system by  defining  the system in one word or term (Oregon, Iowa, and
 Minnesota)  or defining the system elements (California, NSWMA, Oklahoma,
 Illinois)  or both  (EPA).

      The  Oregon  and Iowa  treatment of a hazardous waste management system
 will  be discussed  under the  definition of "disposal."  The Minnesota defini-
 tion  of "hazardous  waste  management" contains more detail concerning the
 initial phases of  the system by beginning with  "identification, labeling,
 classification,  storage,  collection, and removal of hazardous waste from
 public and private  property..."; however, it fails to include a complete
 description of the  other  activities.  The EPA definition adds the terms
 "systematic and  comprehensive management" and includes the words "genera-
 tion, storage, transport, treatment, recycling, recovery, or disposal,"
 which completes  the definition in a-more comprehensive manner.  Minnesota
 adds  the  term "by  approved methods," which is also worthy of consideration.
 A combination of the two  definitions would provide better coverage.

      The  definition of the word "storage" is the first system term with
 more  than  one definition, and the EPA definition is the most comprehensive.
 The Oklahoma definition of "disposal" sets a limit of two years for the
 period of  time that constitutes actual storage  while EPA includes only
 "a period  of years."

      The  California definition of the word "handling" appears to be more
 inclusive  than the  NSWMA. definition with the addition of "packaging."
 However,  the word  "packaging" is not defined and could include identifica-
 tion, labeling,  classification, and/or containerization.  Neither the
 California nor NSWMA bills include  "collection or removal" of hazardous
 waste in  the definition of "handling."

      EPA  offered a  definition of the word "transport," and this definition
 appears adequate.

      The  word "processing (or treatment or hazardous waste processing)"
 was defined in four of the bills, and the EPA definition appears to be the
 most  comprehensive  listing,  which includes "any method, technique, or
 process,  including  neutralization, designed to  change the physical, chem-
 ical, or  biological character or composition of any solid waste, including
 any hazardous waste, so as to..." accomplish a  number of objectives.  The
 other definitions  limit the  objective of the processing    "to remove or
 reduce its harmful  properties or characteristics."  The EPA definition also
 avoids a  discussion of the types of processing  steps included in other
 definitions; however, it  does have one limitation in the interpretation of
 "hazardous waste"  as a subset of'"solid waste."  This problem could easily
 be avoided by eliminating the reference to solid waste, which is not
 defined.

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                                      -7-
   i

     The term "processing facility (or treatment facility  or  hazardous
waste processing facility)" is also defined in  four of the bills.   The  words
"location, site, facility, and plant"  are all used  in  the  various  defini-
tions to indicate a place; however, the EPA description of "where"  is less
confusing than any of the others.   California limits.the facility  to a
place where "final" processing or  deposition occurs.  While after  an exten-
sive definition of "processing," the Oklahoma definition of a "processing
facility" did not mention that processing needed to take place at  the
facility.  The NSWMA model's definition did not mention that  the generation
site could be a "processing facility."  The EPA model's definition  utilized
the word "facility" in the definition  of a "treatment  facility," which  is
not good practice although the definition is complete.   Consequently, a
comprehensive definition of a "processing facility" requires  a combination
of the above definitions.

     The word "recycle" is defined only in the  California  legislation and
appears adequate.  The EPA definition  of "hazardous waste  management" and
"treatment" indicate the necessity for defining "recycle," and the  NSWMA
definition of "hazardous waste processing" indicates a need for a  definition
of "recovery."  The distinction between "recycle,"  "recovery," and  "processing1
should be developed in the definition  framework if  they are to be  used  in
the text of a bill, which includes California,  Iowa, Oklahoma, Oregon,  EPA,
and NSWMA models.

     The definitions of the word "disposal" are contained  in  six of the
bills (the Illinois and Minnesota  amendments and existing  legislation did
not contain a definition).  The intent of these definitions are markedly
different. -Iowa and Oregon have defined the word to mean  the entire
hazardous waste management system, including storage,  discarding or burial,
recycling, and decontamination.  In both cases, the definitions include
words or terms which require further explanation,but  neither bill  provides
clarification.  Although this usage of "disposal" is acceptable and neces-
sary to understand the state law,  the  practice  is somewhat misleading and
to a great degree confusing.  In addition, the  Iowa bill utilizes  disposal
very flexibly, which increases the confusion.

     The other four bills begin their definitions of "disposal" as  "to
abandon, deposit, intern, or otherwise discard" (California and Oklahoma);
as "the discharge, deposit, dumping, spilling,  leaking, or placing  of
any substance" (EPA); and as "the  ultimate introduction" (NSWMA).   The
remaining portions of the definitions  vary considerably, with California
and Oklahoma stating "as a final action after  such  waste is no longer
intended to be used," while EPA indicates disposal  is  an interim action of
self-defeating characteristics, and NSWMA is even less definitive.   The
California and Oklahoma definitions are the same with  the  exception that
Oklahoma's bill includes a statement that storage of hazardous waste for
two years or more shall be considered  disposal.  These two definitions  ap-
pear to be the most comprehensive.

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                                       -8-
     The definition of "disposal site" is contained in five of the  bills  and
is a "geographical site" or "location" in each.  The California,  Oklahoma,
and EPA definitions differ by the words "deposition" or "disposition"  and
by the indication of what is disposed of, while the NSWMA definition intro-
duces the word "ultimate disposal" in place of "final  disposition."  The
Oklahoma definition appears to be the most comprehensive and definitive of
the four.  Oregon mentions both storage and disposal in and on the  land;
however, the "disposal site" definition does not fit well with the  previous
definition of "disposal," which included the other elements of a  hazardous
waste management system.  Reconcilation of this problem may provide Oregon
with the most comprehensive definition of the group.


Hazardous Waste Definitions

     The final consideration under definitions is to define "hazardous waste."
Table I indicates that all the bills provided a definition of "hazardous
waste" except the Illinois' amendments, which inserted its definition in
the regulations authorization section of the amendments.

     California's definition began with the definition of "waste:,"  which
is "any materials for which no use or reuse is intended and which is to be
discarded."  Iowa's bill provided a clarified definition of "solid  waste,"
which may be an excellent provision if the potential for conflict between
hazardous waste and solid waste legislation exists.  California and Iowa
defined a "hazardous substance" (California's from a previous statute) to
build a hazardous waste definition.  The "hazardous substance" definition
of each includes the words "toxic, corrosive, irritant, flammable or which
generates pressure through decomposition, heat, or other means."   However,
the Iowa definition is more comprehensive in its treatment of the problems
caused by hazardous waste.

     With the introduction of the descriptive terms for materials or sub-
stances which are hazardous, the next step is to examine the definitions  of
these words which are offered.  "Toxic" is defined by Iowa as "visible
physiological, anatomic, or biochemical change in a biological system," and
by California as a substance "which has the capacity to produce personal
injury or illness to man through ingestion, inhalation, or absorption
through any body surface."  The Iowa approach is more environmentally
oriented, while the California approach is specific to human effects.
"Corrosive" is also defined by both sources, and Iowa includes both the
effects on "human tissue" and materials, while California limits  the effect
to "living tissue."  The definitions provide fairly specific conditions
which would constitute "corrosion" of tissue.  California provides  a
comprehensive definition of the word "flammable."  "Irritant" is  defined
by both California and Iowa; however, the meanings are vastly different.
California relates "irritant" to "corrosive" except.milder and causing
an inflammatory reaction in prolonged contact'with living tissue.  Iowa
relates "irritant" to substances which cause or produce fumes of a  dangerous

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                                       -9-
or irritating nature when in contact with fire or exposed  to  air.   The
California definition appears to have a more substantial method  of  testing.
The only definition for "strong sensitizer" was offered  by California and
appears adequate.  The definitions leave the exact definition of the words
or terms to the regulations, which must set methods of measurement  and
prescribe limits for what constitutes a hazard.

     Table II was constructed to expand the investigation  and illustrate
the definitions of the bills.  The definition of "hazardous waste"  is
presented in terms of the introduction, criteria, and general statements with-
in the definition.  The criteria include physical form,  quantity, and hazard
characteristics (13), and the general statements include other descriptors.

     The introduction into the definitions predominately defines "waste,"
unless the word is defined elsewhere (California), as "discarded, useless,
or unwanted materials" or provides previously defined descriptors therefor,
such as "refuse."  This, apparently good form, is found  in the California,
Iowa, Minnesota, and Oregon definitions (except for the  use of the  undefined
introduction by Oregon's definition of "c) residues...").   The second part  of
the introduction generally specifies a combination or mixture of materials,
which is practiced in a majority of definitions.  Several  definitions then
specified "which are to be disposed"; however, the limiting action  of this
phrase should be carefully considered with the definitions of "dispose."

     The first criteria of a hazardous waste in most definitions considers
physical form.  The EPA, NSWMA, and Minnesota definitions  include solid,
liquid, contained gaseous, and semisolid materials.  The Oregon  and Iowa
definitions do not mention the physical form, which is not necessarily  a
limitation.  If physical form is mentioned, the more comprehensive  form
provides greater coverage.

     The second criteria is quantity of material.  Quantity is mentioned
only in the Oklahoma and NSWMA definitions, though it is included in other
provisions of the Iowa bill and alluded to in other bills. Oklahoma limits
the meaning to "quantity not safely disposed of in a sanitary landfill  or
sewage treatment plant," and NSWMA's definition assigns  the determination
of quantity to the Director.  NSWMA's bill also included "concentrations"
as a criteria, and it was assigned to the Director to define. In any
case, the regulations must detail a method of determination.   Iowa's bill
placed the quantity criteria in the powers of Commission section of their
bill and also required commission determination.

     The criteria of hazardous characteristics is prefaced by "but  not
limited to" in the Illinois, Oklahoma, Iowa, Minnesota,  and EPA  definitions,
and all definition of hazardous waste, except Oregon, included one  or more
hazard criteria.  The Oregon bill leaves determination of  the hazard criteria
to the commission.  The most common of these hazard criteria  are listed in
Table II (13).  Other descriptors for hazardous waste include acids, caustics,
chemicals, oils, solvents, sludges, tank bottoms with heavy metal ions, toxic
organic chemicals, pesticides (and the types of pesticides),  and a  variety  of
descriptive phrases or clauses.

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                                           -10-
                         Comparison of Hazardous  Waste  Definitions

                                         Table II
                       State
                                        California
                                                                     Minnesota
Definition Elements

A."  Introduction
                               Chapter 1236

                               any waste  material  or
                               mixture of wastes
                                                           Amendments

                                                           any  refuse  or  discarded
                                                           materials or combinations
                                                           of refuse or discarded
                                                           .materials in
B.  Criteria

    1.  Physical form
        a.  Solid
      •  b.  Liquid
        c.  Semi sol id
        d.  Contained Gas
        e.  Other

    2.  Quantity - How
        determined or
        established

    3.  Hazard
        a.  Toxic to
            (1) humans
            (2) animals
            (3) plants
            (4) aquatic life
            (5) other
        b.  Flammable
        c.  Explosive
        d.  Corrosive
        e.  Reactivity
        f.  Oxidizing
             Material
        g.  Radioactive
        h.  Irritant
        i.  Strong sensitizer
        j.  Bioconcentration
        k.  Carcinogen,
            Mutagen,
            Teratogen
        1.  Other
C.  General
                                          x
                                          x
                                                                       x
                                                                       x
                                                                       x
                                                                       x
                                                           but not 1imited to
                                          x
                                          x
                                          x
                                                                       x
                                                                       x
                                                                       x
                                          x
                                          x
                               which generates pressure
                               through decomposition,
                               heat, or other means.
                               if such waste  or mixture
                               of wastes  may  cause  sub-
                               stantial  personal  injury,
                               serious illness, or  harm
                               to wildlife,  during  or as
a proximate result of any disposal of such wastes or
mixture of wastes.
                                                           poisons
                                                          which cannot be handled by rou-
                                                          tine waste management techniques
                                                          because  they pose a  substantial
                                                          present  or potential hazard to
                                                          human health or other living or-
                                                          ganisms  because of their  chemical
                                                          biological, or physical propertie

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                                               -11-
                                    Table II  Continued
                    State
                                Illinois
                                       Iowa
Definition Elements

A.  Introduction



B.  Criteria

    1.  Physical form
        a.  Soli d
        b.  Liquid
            Semi sol id
            Contained Gas
            Other
                       Amendments
                            Proposed Act

                            any useless, unwanted,
                            or discarded hazardous
                            substance or mixture of
                            substances.
    2.
c.
d.
e.
Quantity - How
determined or
established

Hazard
a.  Toxic to
    (1) humans
    (2) animals
    (3) .plants
    (4) aquatic life'
    (5) other
    Flammable
    Explosive
    Corrosive
    Reactivity
    Oxidizing
    Material
    Radioactive
    Irritant
    Strong sensitizer
    Bioconcentration
    Carcinogen,
    Mutagen,
    Teratogen
    Other
                               but not limited to
                            not limited to
                                         x
        b.
        c.
        d.
        e.
        f.

        g-
        h.
        i.
        j-
        k.
                                         x

                                         x
C.-  General
chemicals, pathologi-
cal wastes, and wastes
likely to cause fire.

with inherent properties
which make such waste
difficult or dangerous
to manage by normal  means
or which generates pres-
sure through decomposi-
tion, heat, or other means.

disposal of which requires
special precautions to
prevent exposure of the
population or the environ-
ment,  exposure to which
would probably result in
danger to the public health
or safety or to the environ-
ment.

-------
                                           -12-
                                    Table II  Continued


                      State	EPA	NSHMA	

Definition Elements            Model                       Model

A:  Introduction               any waste or combina-       any discarded,  or
                               tion of wastes              combination thereof
 «                                                        ,
B."  Criteria

    1.  Physical form
        a.  Solid                           x                           x
        b.  Liquid                          x                           x
        c.  Semi sol id                       x                           x
        d.  Contained Gas                   x                           x
        e.  Other

    2.  Quantity - How                                     which  is  determined by the
        determined or                                      Director  because of its
        established                                        quantity, concentration,
                                                           or chemical characteristics,

    3.  Hazard                 but not limited to
        a.  Toxic to                        x                           x
            (1) humans
            (2) animals
            (3) plants
            (4) aquatic life
            (5) other
        b.  Flammable                       x                           x
        c.  Explosive
        d.  Corrosive                       x                           x
        e.  Reactivity                                                  x
        f.  Oxidizing
            Material
        g.  Radioactive
        h.  Irritant                        x                           x
        i.  Strong sensitizer               x
        j.  Bioconcentration                                            x
        k.  Carcinogen,
            Mutagen,
            Teratogen
        1.  Other              which in the judgment of    infectious
                               the Department, may cause,
            contribute to, and increase in mortality or
            an  increase in serious irreversible or inca-
            pacitating reversible  illness, taking into
            account  the toxicity of such waste, its persis-
            tence and degradability in nature, and its po-
            tential  for assimulation, or concentration in
            tissue,  and other factors.

 C.  General                    that may otherwise cause or to pose a substantial
                               contribute to adverse,      present or potential dan-
                               acute, or chronic effects   ger to human health or the
                               on  the health of persons    environmental because,
                               or  other living
                               organisms.

-------
                                           -13-

                                    Table  II  Continued


                      State	Oregon
Definition Elements            Act                  •             •       ,

A."  Introduction               include  all  of  the  following which are not declassified
                               by the commission:

                               a.   discarded,  useless, or unwanted materials or
                                   residues resulting from any substance or combi-
                                   nation  of substances  intended for the purpose
                                   of defoliating  plants or for the preventing,
                                   destroying,  repelling, or mitigating of insects,
                                   fungi,  weeds, rodents, or predatory animals,
                                   including but not limited to defoliants,
                                   desicants,  ...

                               b.  discarded,  useless, or unwanted radioactive
                                   material including naturally occurring or accel-
                                   erator  produced isotopes and by-product material'
                                   or special  nuclear material as defined by 453.605
                                   but  excluding material produced by a nuclear
                                   installation,

                               c.  residues resulting from any process of industry,
                                   manufacturing,  trade, or business or from the
                                   development or  recovery of any natural re-
                                   sources, if such residues are classified as
                                   environmentally hazardous waste by order of
                                   the  commission  after  notice and public hearing,

                               d.  discarded,  useless, or unwanted containers and
                                   receptacles used in the transportation, storage,
                                   use,  or application of the substances previously
                                   described above.

-------
                                           -14-


                                    Table II  Continued


                       State                           Oklahoma
Definition Elements                Proposed

A..  Introduction                   refuse products  which  are  to  be  disposed

B.  Criteria

    1.  Physical form
        a.  Solid                                        x
        b.  Liquid                                       x
        c.  Semisolid
        d.  Contained Gas
        e.  Other

    2.  Quantity - How             Quantity not safely  disposed  of  in  a  sanitary
      •  determined or              landfill   or sewage  treatment plant.
        established

    3.  Hazard                     not limited to
        a.  Toxic to
            (1) humans                                   x
            (2) animals                                  x
            (3) plants                                   x
            (4) aquatic life •                            x
            (5) other
        b.  Flammable                                    x  liquids
        c.  Explosive                           .         x
        d.  Corrosive
        e.  Reactivity
        f.  Oxidizing
             Material
        g.  Radioactive
        h.  Irritant
        i.  Strong Sensitizer
        j.  Bioconcentration
        k.  Carcinogen,
            Mutagen,
            Teratogen
        1.  Other                  spent acids and  caustics,  sludges,  points,  tank
                                   bottoms with heavy metal ions, toxic  organic
                                   chemicals or materials contaminated with  the
                                   above.

3.' General

-------
                                      -15-
     In order to provide organizational  order from this  imposing array of
terms, Iowa and California limited the number of descriptors  of hazards to
seven and five, respectively, and provided separate definitions of each  as
previously discussed.  This method deserves consideration.  Oregon defined
pesticides and related compounds, radioactive material,  containers and
receptacles, and residues from various operations in considerable detail.
The law leaves determination of "hazardous" residues'to  the Commission and
the declassification of pesticides and related compounds,  radioactive
materials, and containers and receptacles also to the Commission.  The
statements concerning hazardous wastes for Oklahoma also include containers
and materials which have been contaminated.

     The other terms or words used to describe hazardous wastes are related
to the origination of the material or generator.  If a list of these types
of descriptors is to be included in the definition, it could  be developed
through a more rigorous treatment of the definition of "generator" or
"residues" or other terms to be used in the definition.   However, a vague
listing of waste products (chemicals, oil, etc.) does not enhance-the
clarity of the definitions because the list cannot be complete, does not
include a definition of hazard, and may inadvertently include non-hazardous
materials.  If a listing is desired, the law should stipulate preparation
of a list.

     The general statements related to disposal were included in the Iowa
definition, "disposal of which requires special precautions to prevent
exposure of the population and the environment," and the California defini-
tion, "if such waste or mixture of wastes may cause substantial personal
injury, serious illness, or harm to wildlife, during or  as  a  proximate
result of any disposal of such wastes or mixture of waste."  Minnesota,
Illinois, and Iowa added statements concerning special handling require-
ments, which included descriptors such as "difficult" and "routine"
handling.  The intent of these statements should be designed  to provide a
measurement to aid in the definition of hazardous; however, the general
nature of statements may make them more than difficult to define in regula-
tions, especially in light of changing technology.

     The EPA definition added factors to be considered in the classification
of a hazardous waste, such as "the toxicity of such waste,  its persistence
and degradability in nature, and its potential for assimulation or concen-
tration in tissue, and other factors	"  Iowa's bill added  the persistence
and bioconcentration criteria in the powers of the Commission section  of
their bill, and California's act added the persistence and  resistance  to
natural degradation or detoxification criteria in the statement authorizing
lists of hazardous and extremely hazardous wastes.  NSWMA included the
additional California criteria in the section authorizing criteria for
determining hazardous waste.

     In summary, there are apparently two basic methods  for defining
"hazardous waste."  The first is to define waste, physical  form, quantity,
hazard, and source or type, followed by a reasonable statement of what the
hazard is to include and perhaps the factors to be considered.  The second

-------
                                      -16-


is to define the origination of the material  and place the responsibility for
refinement of the definition on an agency or commission.   In either case,
the regulatory agency will have to struggle with the identification, measure-
ment, and evaluation of hazardous wastes and consider a variety of factors in
order to establish a workable program.

     The comparison of the definitions of the eight bills has provided a
framework for developing state legislation.  The general  terms or words re-
quired for a bill are usually quite obvious to the persons drafting the
legislation and working examples are provided.  The definition of a hazardous
waste management system is important to the overall understanding of the
system to be regulated and the points of control.  The hazardous  waste
management system can be defined as one term, such as the Minnesota defini-
tion, or can be defined and then each word or term defined to provide fur-
ther clarity of meaning, such as the California or EPA definitions.  The
majority of the bills included definitions of selected words or terms
describing elements of the hazardous waste management system; however,
none were fully comprehensive, and a combination of the definitions would
provide more complete coverage.  The definitions of the elements, such as
"disposal" and "processing," also deserve careful attention to assure that
the word conveys the meaning desired.  The definitions of hazardous waste
vary in both approach and in requirements.  Table II presents the coverage
of the definitions and divides the definitions into component parts for
examination.  By utilization of this construction technique, the  most
comprehensive parts of each definition can be selected.  The further defini-
tion of key terms in the definition; such as Iowa's and California's defini-
tions of "toxic," "corrosive," etc.; can provide further clarity  to the
meaning of the legislation.


[Powers and Duties of the Department]

Duties

     Consideration of the completeness or coverage of this section of the
bills began with the construction of Table III, which illustrates the duties
as described in the bills.  Unfortunately, the complete text of the Minnesota
Statutes was not available to allow the duties of the agency to be extracted.
The other bills were substantially more complete.  The authority  they con-
vey is not complete, however, except possibly for the general authority in
the Oregon legislation which stated:

               "The department shall:  (1) Provide for the administra-
     tion, enforcement, and implementation of ORS 459.410 to 459.690
     and may perform all functions necessary for the regulation of the
     operation and construction of disposal sites and, in consulta-
     tion with the appropriate county planning commissions, the desig-
     nation of such sites."

     The duties of an agency are usually assigned to an agency or department
(or section in Oklahoma).  The California, Oregon, and EPA bills  assign the
duties to a department and Minnesota and Illinois to an agency.  The duties
are further assigned and made the responsibility of the director  in the
Illinois, Iowa, and NSWMA bills.

-------
                                      -17-
     A brief review of Table III indicates the omissions  which  each  state
agency would have in the administration of their bill  provided  the  inter-
pretations of the author are correct.   Rather than comment on  the coverage
of each duty from each bill, the more  complete statements on duties  will
be highlighted with unusual features pointed out.

     The Illinois approach to reporting and maintenance of records  is  to
allow the Director to prescribe the requirements.  The Oklahoma.and  NSWMA
bills provide requirements for reporting in the law by assigning frequencies
and descriptions to the reports.  EPA  devoted a section to the  reporting,
which called for rules to be established by the Department on  the subject.
FurtJher discussion of the reporting and related requirements will be in
the [Records, Reports, Monitoring] section.

     The next activity is the maintenance of records of generation  and
disposal, which is specifically mentioned in the Oklahoma, NSWMA, Iowa,
and Minnesota bills.  Illinois' legislation again is not  specific but
provides authority to the Director to  develop a system.  The most.com-
plete statement concerning maintenance of records is Iowa's, which  speci-
fies the need for an inventory, including data on generation,  storage,
and disposal (systems definition), in  addition to allowing the  commission
to determine other data necessary.

     Conduct and coordination of research is specifically mentioned in ,.
the California and NSWMA duties and mentioned in general  terms  in the
Mlimois Director's duties.  The California statement allows consideration
and conduct of studies, while the NSWMA statement provides for  coordination
and contracts for studies, a subtle difference.

     The California and Oklahoma bills allow the provision of  technical
assistance though the California bill  limits the assistance to  "state  and
local agencies."  The Oklahoma statement allows a wider range  of activities.
Provision of public information and education activities  is implied in
several of the bills, namely California and Illinois.   The Iowa statement
has the clearest and most complete directive, which includes contracting
for services, report preparation, and  information dissemination. In addi-
tion^ the provision of training is included in the Iowa statement and  is
only peripherally allowed in the Illinois bill.  The provision  of planning
assistance is mentioned only peripherally in two bills, California  and
Oklahoma.

     The Illinois, Iowa, Oklahoma, Oregon, and EPA bills  made  statements
concerning the conduct of inspections, which will be treated in depth  in
a later section.  Four of the bills treated the subject of surveillance
and monitoring.  The most complete statement on the subject was the Oregon
provisions, which both established the programs (459.670) and  provided
that fees collected from the disposal  site or facility operator shall  pay
for the program (459.610).  The California and Illinois statements  are
not as direct or inclusive with regard to the points of surveillance,  and
the NSWMA statement is vague and could be subject to more than  one
interpretation.

-------
                                                     TABLE III
  [Powers and Duties of
   the Department]
California Illinois
   Iowa   Minnesota
(proposed)
 Oklahoma
(proposed)
Oregon
EPA Draft
  No. 1.
  NSWMA
Draft No
Duties of the Department
To Prescribe Reporting
To Maintain Records of Generation
and Disposal
To Conduct & Coordinate Research
To Provide Technical Assistance
To Provide Public Info. & Educ.
To Provide Training
To Provide Planning Assistance
To Conduct Inspections
To Conduct Monitoring/Surveillance
To Approve & Issue Permits
To Conduct Enforcement
To Develop Forms & Procedures
To Contract for Services
To Obtain Fed. Funds, etc.
To Encourage Exchange & Recycling
To Study H.W. Management
Generation
Practices
Locations (suitable)
Locations (not suitable)
To Plan for H.W. Management
Develop & Revise
Adopt
Public Hearing
To Develop
Rules & Regulations
Standards
Guidelines
Criteria
Listings
To Consult State Agencies & Other
on Uniform Requirements
To Review & Approve Generator PI a



25170 (a)
25170 (c)
25170 (b)

25170 (c)

25170 (d)





25170 (b)











25140
25150
s

Sec.4.B,H
Sec. 4.B
Sec. 4.B

Sec. 4.B
Sec. 4.G

Sec. 4.C
Sec.4.B,C
SPC.4.G.H
Sec. 4.E

Sec. 4. A, L
Sec. 4.L








Sec.4.J,L








Sec. 5.1


Sec. 5.2
Sec. 5.2

Sec. 5.4

Sec. 5.3




Sec. 4.7
Sec. 5.1
Sec. 5.1
Sec. 5.1


116.101







116.07(4a)





116.101

459.430
Sec. 4. 9,liO 459.440
Sec. 4.6

Sec. 4.12


Sec. 4.12
Sec. 4.5

Sec. 4.3

Sec. 4.7








459.670
459.610,67
459.580
459.430
459.530


Sec. 4.13

116.101 1.
116.101
Sec. 5.1 1116.101
Sec. 4.3*






-


116.101*

















Sec. 4.1
Sec. 4.1
Sec. 5.B
Sec. 4.8
459.430
459.430
459.430
459.430





'

459.430



Sec. 6






Sec. 7
P
Sec4(C)(3)




.
Sec. 4(A)
Sec. 4(A)
Sec. 4(A)
Sec. 4(A)
Sec.4(B)*










Sec. 7(8)
Sec. 4(5)
Sec. 4(7)*





Sec. 4(4)
Sec7(2)(a)
Sec. 4(4)
Sec. 7(6)

Sec. 4(6)*

Sec. 4(5)
Sec. 4(5)





Sec. 4(1)
Sec. 4i:-T}-
Sec. 4(1)
Sec. 4m

Sec. 5(4)

                                                                                                                      CO
* Partial  Authority

-------
                                      -19-
     Uniquely, California's the only bill  without permit authority.   The
other seven bills direct the Department (or other agency)  to establish a
permit program.  The key words appear to be "issue,  modify,  suspend,  re-
voke, or deny" a permit for "construction, operation,  alteration,  or
modification" in accordance with the adopted rules and regulations, stan-
dards, or other requirements.  The submission of plans and specifications
is also mentioned or required in the Illinois, Oregon, and Iowa bills in
this section.  The Iowa statement appears to be the most complete  up  to
the point of limiting the coverage of the permits to hazardous  waste
disposal sites.  The EPA and Illinois bills, on the other hand, broaden
the permit statement to include any permits that may be required under
this act.  The NSWMA bill is the only one that does  not include a  majority
of the key words.

     The enforcement of the provisions of the act are  assigned  to  an  agency
or department in this section of only three bills:  Illinois, Oregon, and
NSWMA.

     The development of forms and procedures for use by the  Department was
stipulated for specific applications in the bills which contained  such a
statement.  Oklahoma directed the development of a manifest, Oregon the
development of a permit application form, and NSWMA the development of
procedures for obtaining a permit.

     The ability to contract for services and obtain or utilize federal
funds or other funding sources was explicitly included in the Illinois
bill and for federal funds in the NSWMA bill.

     The encouragement of recycling was mentioned in the California,  Iowa,
and Oklahoma bills, with Iowa presenting the most complete statement.  The
study of hazardous waste management may be conducted by Illinois and
California; the Minnesota, Oregon, and EPA bills direct that it shall be
accomplished with limits and definitive outputs listed in Table III.   The
Iowa bill requires maintenance of an inventory but does not  include out-
puts in the form of recommendations.  The outgrowth  of the study directives
in the Iowa, Minnesota, and EPA bills are hazardous  waste management  plans,
while the Oregon bill requires several findings resembling a limited  plan.
The EPA study requirements are the most definitive;  however, only  Iowa's
bill commits the department to an ongoing program.

     The NSWMA bill provides a clear statement of who  is responsible  for
the development and adoption of the rules and regulations, standards,
guidelines, and criteria.  The other bills state who is responsible for
adoption but not for development with minor exceptions; i.e., California's
development of lists, Oregon's development of recommendations on declas-
sifying hazardous wastes, Oklahoma's designation of hazardous wastes,
and Illinois' development of procedural regulations.  Although  the develop-
mental responsibility is implied with the adoption responsibility, the
statement of the responsibility, especially when the agency  or  commission
"may" adopt a requirement, is useful.  California's  bill required  the
department to consult with a variety of local and state agencies prior to
adoption of regulations, and Oklahoma's added federal  regulatory agencies
to this list.  The NSWMA model added that the Director should consider the
action of contiguous states to the extent feasible for uniform  regulations.

-------
                                      -20-
     Oklahoma provided the most unique aspect of the duties  of a  department
by requiring the development and maintenance by generators of plans  for
those generating or shipping hazardous wastes into  the state for  disposal.
This activity will become a part of the manifest system and  requires that
a current plan for the handling and disposal of any hazardous waste  be
maintained by the generator or shipper.

     The duties of a department can be stipulated in:  (a) one general
statement, as found in the Oregon act; (b)  a series of allowable  department
activities, as found in the Illinois act and Iowa and Oklahoma bills; or
(c) in scattered statements through the act, as found in the EPA  model.
The most comprehensive series of statements was found in the Illinois
act with general statements covering all  activities except planning  and
technical assistance.  The explicit hazardous waste statements in the
bills include the encouragement of recycling and exchange, study  hazardous
waste management, and plan for hazardous  waste management, with only Iowa's
bill providing all of the activities.  The  instructions to develop the
regulatory documents are most complete in the NSWMA model, although  the
instructions to develop listings for different purposes are  found in three
bills other than the NSWMA bill.  Consultation with other agencies is
directed by three bills, and review and approval of generator plans  is
included only in the Oklahoma bill.


Powers

     The powers which could be assigned to  a regulatory unit include the
adoption of rules and regulation, standards, guidelines, criteria, list-
ings, and procedures covering any aspect of hazardous.waste  management.
The powers for adoption are usually limited by a state administrative
procedures act requiring public hearings  or by a statement  in the act
requiring the same.  In addition, statements concerning consideration of
variations in the state, establishment of local preemptions, directives
for emergency actions, and requirements for local plans or operator  certi-
fication can be included.

     The powers of the regulatory unit can  be assigned to a  department
agency, director, commission, or board.  The Oregon and Iowa bills assign
the power to adopt regulations and other requirements to a commission,
while Illinois' bill utilizes a board; Minnesota's  bill an agency; and
the California, EPA, and NSWMA bills utilize a department.   The last three
bills also create technical advisory groups to provide guidance to the
department.  The powers assigned to the regulatory  units are illustrated
in Table III and indicate a wide variety of responsibilities.

     The California authorization to develop standards or regulations  is
limited by the definition of handling, processing,  and disposal and  by  the
phrase'to protect against hazards to the public health, to domestic  live-
stock, and to wildlife."  The California authorization includes the  consid-
eration of variations by geographical areas of the  state and the  prepara-
tion of lists of hazardous wastes and extremely hazardous wastes.  The
section on transportation adds the adoption of rules and regulations on
this subject, including lists (manifests) and contents thereof.  Public
hearings are necessary before adoption of standards or regulations.

-------
[Powers  and  Duties of
  the  Department]
                  TABLE III

California Illinois    Iowa   Minnesota  Oklahoma   Oregon  EPA Draft   NSWMA
                    (proposed)	(proposed)            No. 1    Draft No. 6
Powers of the Department
To Adopt and Revise
Rules & Regulations
Standards
Guidelines '
Criteria
Listings
Procedures
Coverage of Rules & Regulations
Generation
Storage
Containers & Labeling
Transportation
Processing or Treatment
Disposal
Permits
Construction
Operation
Terms or Conditions
Manifests
For Adoption Hold Public Hearing
Consider Variation in State
Preempt Local Government
To Direct Emergency Actions
To Require Generator Plans
To Require Operator Certification
25150
25150


25140



25150
25150
25150
25150




25161
25152
25151





Title 7
Sec. 26-.
29
Sec. 22.
Sec. 4. 2, 4
Sec. 22.C|Sec. 4.5
iSec. 5.2


Sec. 22, 39

Sec. 22. C
Sec. 22. C
Sec. 22. C
Sec.22.C
Sec. 22. C
Sec. 39

Sec. 39
Sec. 39

Sec. 28, 29
Sec. 27

Sec.4(E)

Sec. 22(b;
i
Sec. 4.1
Sec. 4.1


Sec. 4.2
Sec. 4.2
Sec. 4.2
Sec. 4.2
116.07(4)
lb.U/(2)

116.07(4)
116.07(4)


116.07(4)
116.07(4)
116.07(4)
116.07 4)
Sec. 4.? 1116.07 4)
Sec. 4.4 1116.07 4a)
Sec. 4.4 116.07 4a)
Sec. 4.4 |116.07(4a)
Sec. 4.5

yes


Sec. 5.4



1 16.07(4a)


116.07(2)
116.07(2)




Sec. 5. A
Sec. 4.2
Sec. 5. A


Sec. 4. 1,4





Sec. 4.2
Sec. 4.2

Sec. 4.2
Sec. 4.2

Sec. 4.7
Sec. 5


Sec. 14(1)
Sec. 4.8


459.440
459.440


459.430
459.440




459.440
459.440


459.440


459.440


459.680



Sec. 4(C)
Sec. 4

Sec. 4(C)
Sec. 4(C)
Sec. 4(C)
Sec. 4(C)
Sec. 4(C)
Sec. 4(C)
Sec. 4(C)
Sec. 4fC)
Sec. 4(C)
Sec. 5. A.
Sec. 5. A.
Sec. 5. A.
Sec. 4(C)

Sec. 4(C)
Sec. 4(D)

Sec. TO

Sec. 9(3)

Sec. 6, 7
Sec. 6, 7
Sec. 6, 7
Sec. 5
Sec. 5(3)
Sec. 7(6)

Sec. 6

Sec. 6
Sec. 6
Sec. 6

Sec. 7
Sec. 7

Sec.7(8)(a)
Sec. 6,4,7
Sec.7(2)(a)
Sec. 4.(l)
Sec. 4. (3)




-------
                                      -22-
     The Illinois authorization is extremely broad,  perhaps  to  the  point   of
vagueness.  The statement "without limiting the  generality of this  authority"
establishes the tenor of the section.   The standards authorized can include  •
handling, storage, transport, processing,  and disposal  of hazardous waste;
and a permit program is authorized by  board approval,  including terms  and
conditions and standards for location, design, operation, and maintenance.
The definition of hazardous waste is limited in  the  permit section  by
excluding on-farm disposal  of pesticides.   The Illinois act  further provides
for monitoring and permit procedures (not  adopted) and operator certification
requirements (adopted by the Board).  Consideration  of variations in the
state in addition to public hearings are required before adoption of regula-
tions or standards.

     The Iowa authority allows rules to establish the  substances or classes
of substances to be considered hazardous and adds new  criteria  to the  deter-
mination of hazardous wastes.  The Iowa authority for  rules  on  hazardous
wastes is limited by the definition of hazardous substances  and by  consid-
erations "necessary to protect the public  and the environment from  unneces-
sary exposure to such wastes."  The Iowa authority further provides for
rules establishing a permit system for installation  and operation,  terms
and conditions therefor, and standards of  operation  and maintenance for
facilities.  The Iowa Administrative Procedures  Act  directs  public  hearings
for regulation adoption.

     The Minnesota authority allows the promulgation of regulations and
standards for identification, labeling, classification, storage, collection,
treatment, and disposal .of hazardous wastes after considering the popula-
tion density and other variations of the state,  public hearings, limits
of technical knowledge, and accepted practices.

     The Oklahoma bill provides for the adoption of  regulations and minimum
standards for the construction and operation of  processing facilities  and
disposal sites, the designation of hazardous wastes  subject  to  the  limita-
tions.of the definition, and the provision of lists  of materials unaccept-
able at any particular site and manifests  (forms).   The regulations and
standards are subject to public hearings.

     The Oregon Act provides for adoption  of rules and orders,  subject to
public hearings, for minimum requirements  for disposal  of hazardous wastes
including types and quantities to be disposed; for operation, maintenance,
monitoring, reporting, and supervising of  disposal sites; and for location
of disposal sites.  In addition, procedures for  hearings, filing reports,
plan submission, and license issuance, etc., are to  be authorized by
rules along with the radioactive waste disposal  requirements.

     The EPA model required the establishment, within  two years, of criteria
for hazardous wastes; rules for the generation,  transport, storage, handling,
treatment, and disposal of hazardous wastes; and rules for the  permits pro-
gram, for standards and procedures of safe operation and maintenance of
treatment facilities or disposal sites, for containerization and labeling

-------
                                      -23-
of hazardous wastes, and for lists of waste incompatible for storage and
disposal together.  The limitations of these authorities are in the defini-
tions and considerations of variations in the state.  Public hearings are
required prior to adoption.                                          ;

     The NSWMA model directs the adoption of regulations, standards, and
guidelines for the handling, processing, and disposal  of hazardous wastes;
the adoption of procedures for coordination and evaluation of research
and contracting for the same; and adoption of criteria for determining
hazardous waste.  In addition, the director shall compile listings of
hazardous wastes and adopt procedures for obtaining a  permit.  Public
hearings and the review of the hazardous waste technical advisory group
are required before adoption of any documents.

     Minnesota's bill adds a statement that no regulations of local govern-
ment shall b.e inconsistent with those set by the pollution control agency.
The NSWMA bill takes this one step further and forbids the adoption of
enforcement of any rule or regulation in an area of department jurisdiction
by another state agency or local government.  The Oregon legislation charges
the agency with the responsibility for coordinating and supervising the
functions of all state and local governments with regard to hazardous
waste.  The California bill requires technical assistance to state and
local units of government.

     Six of the bills authorize emergency action by the department.  This
will be discussed in further detail in the [Imminent Hazard] section.

     Oklahoma's bill requires preapproved plans for persons generating
or shipping hazardous waste in the state, including a  description of the
waste, disposal method, and site.  This unique feature requires current
plans for all generators who are disposing of hazardous waste and should
provide an effective control method.  The Illinois and EPA bills provide
for operator certification programs; however, neither bill includes instruc-
tions on how or under what conditions the program should be operated.

     In terms of coverage, the Iowa and EPA bills provide the most complete
authorizations with minor exceptions, such as manifests, operator certifi-
cation, and generator plans.  Also missing from the EPA bill is the directive
to provide technical assistance and coordinate the efforts of local govern-
ment.  The Minnesota act is the most succinct of the bills and may, if the
complete act were available, provide for as comprehensive a program as the
two acts cited above.  The local generator permitting  responsiblity of the
county governments in the Minnesota amendments should  provide the same
type of generator control as the Oklahoma generator plans will provide.
Manifests will be discussed in the [Transportation] section.


[Permits]

     Table IV presents the permit powers granted by the various bills.  A
brief examination of the Table IV indicates that only  the California Depart-
ment of Public Health is without the authority to permit at least sites
.and facilities.  The California State Water Resources  Control Board permits
and controls facilities with discharges (or potential  discharges) to water
including land disposal sites.

-------
                  TABLE IV
California Illinois    lov/a   Minnesota  Oklahoma   Oregon
                    (proposed)  .  .      (proposed)
EPA Draft   NSWMA"
  No.  1 _. Draft No. 6
[Permits]
Required for Generation
Required for Storage
Required for Transportation
Required for Processing/Treatment
Construction
Al teration
Operation
Required for Disposal
Construction
Alteration
Operation
Application Required
On Department Forms
By Registered P.E.
Department Response Required
Denial
Hearing
Variance
Hearing
Period of Permit
Existing Sites
Fees
Department Terms and Conditions
Revocation
Hearing
Site or Facility Maintenance











T




















Sec. 39
Sec. 39 .

Sec. 39
Sec. 21,3?
Sec. 21 ,39

Sec. 21 ,39
Sec. 4.H


Sec. 40
Sec. 39
Sec. 40
Sec. 35-38
Sec. 36


Sec. 4.1
Sec. 39
Sec. 33
Sec. 31 ,32
Sec. 21



Sec. 4:4
Sec. 4.4
Sec. 4.4
473D.051
400.161


116.07(4a)
Sec. 4.4| 116.07
4a
Sec. 4.4!
Sec.. 4.4
Sec. 4.4
Sec. 4.4
^Sec. 4.4
Sec. 4.4
Sec. 6.2

Sec. 6.2

Sec. 4.4
Sec. 5.3
Sec. 5.3




Sec. 4.5
Sec. 5.3

Sec. 4.5

116.07
116.07
116.07





Sec. 6

4a) Sec. 8
4a
4a)

116.07(4a)





Sec. 6

Sec. 8
Sec. 6, 7,8

Sec. 7



459.510

459.510
459.540

459.540
459.510
459.540

459.540
459.530
459.530


116.07(4aJ] Sec. 4.11 459.520







i
i
Sec. 5.C
473D.051
400.161
116.07(4aJ






Sec. 8E


Sec. 11





459.520
459.530

459.620
459.620
459.440
459.590

Sec.
5

(B)
D1
(A)

c)
(A)
(A
(A)
A)
(A

(A
(A)



>r)
^}
(E)




(D

(G)


(F)
(H
(H




Sec. 7
Sec. 7
Sec. 7
b
b
b
Sec. 7(cJ

Sec. 7
Sec. 7
Sec. 7
d)
b)

)

Sec. 7
Sec. 7
d
c








Sec. 7(g)
Sec. 7(g)

Sec. 7(g



Sec. 8(4)
Sec. 8(4)



-------
                                      -25-
     Illinois Environmental  Protection Act provides  an  extensive  permit
section, variance section, and a minimal  statement concerning  the permit
program provided for hazardous waste management.   The Act does  not allow
modification of a permit, but supplemental  permits can  accomplish the  same
purpose or variances can be utilized.  Permits  for generation,  storage,
and transportation may or may not be allowed depending  on the  interpretation
of the meaning of collection and disposal.   The Act  provides  for  extensive
denial and revocation processes.  It does not allow  requirement of a  bond
to obtain a permit; however, the Board can require a bond as  a  result  of
an enforcement action or for granting a variance.

     The Iowa bill would require a permit for any  new hazardous waste
disposal "facility," which is not defined in that  act,  or for  additions or
modifications to the same.  In a separate statement, permits  for  operation
are also required after July 1, 1978.  To obtain a permit, either new  or
supplemental, plans and specifications for facilities and sites must  be
prepared by a registered professional engineer  and approved by  the depart-
ment.  Construction must be according to  approved  plans and specs- The
denial process is explained in the bill,  and the provisions of  terms  and
conditions is a power of the Commission.

     The Minnesota amendments provide for dual  permitting authority for
different purposes.  The counties are allowed to establish a  permit,  license,
or registration procedure for generators  of hazardous wastes  and  to collect
fees.  The county rules, regulations, standards, or  ordinances  must be
consistent with the Pollution Control Agency regulations and  standards
but can include any subject covered by the state regulations.   The Pollution
Control Agency can issue, continue, or deny permits  for treatment or
disposal sites or facilities under department terms  and conditions.

     The Oklahoma bill provides for construction permits, application  (de-
sign and construction) under the supervision of a  professional  engineer,
and operation permits.  The' construction  permit provisions require adja-
cent property owner notification and hearings if requested.  The  operation
permit provisions stipulate liability insurance and  financial  responsibility.

     The Oregon Act requires a license for hazardous waste disposal sites
and includes a grandfather clause.  The license application forms of  the
department and their contents are stipulated in addition to a  nonrefundable
fee of $5,000.  Revocation procedures are also  provided.  The  requirements
for public hearings on each site application, both at  the state and local
level, are included along with the required approval of the application by
several state agencies.  The department is also required to conduct an
investigation and report its recommendations to the  Commission, who then
make the final decision subject to judicial review.

     The permit section of the EPA model  requires  an application  on depart-
ment forms for a permit to construct, alter or operate, a treatment or
disposal facility or transport, store, treat, or dispose of hazardous
waste.  The department may establish the  terms  and conditions  of  the  per-
mits.  The permit shall be valid for five years and  be  renewable.  The

-------
                                      -26-
revocation procedure is stipulated for violations of the terms  and condi-
tions of the permit only, and the provision of variances for hardship,  not
to exceed 12 months, is included.  The wording of the section could include
existing hazardous waste management systems; however, it is not explicit.

     The NSWMA model requires the Director to promulgate a permit program
for handling, processing, and disposal of hazardous wastes; criteria for
permit issuance only, and procedures for permit issuance.  The  model  also
allows Director approval for handling, processing, and disposal  under the
regulations without a permit.  Persons who concentrate or prepare hazardous
wastes for shipment are exempt from permits.  Construction permits and
applications are required for all new processing sites and disposal  facilities
as are operation permits.  Transportation of hazardous wastes to an unper-
mitted facility is not allowed.   Existing sites and facilities  are granted
a variance, a hearing where the  department must provide evidence that the
site does not need standards, and additional time to meet the requirements.
Existing permits for the same are also extended beyond the effective date
of the act.  The permits section also contained a statement of  intent to
use private enterprise, which was relegated to the [Miscellaneous] section.

     The Iowa and EPA bills contain the most comprehensive permit provisions
for a hazardous waste management system, yet neither includes permits for
generation, which are established only in the Minnesota amendments at the
county level.  Oregon's Act includes the most comprehensive statements  on
what should be in the application, though only Iowa and Oklahoma require
a professional engineer to design'the site, and only Oklahoma requires  a
professional engineer to supervise construction.  Illinois is the only
state which requires a response  by the state agency within a time limit.
The procedures for denying a permit, obtaining a variance, and  revoking
a permit are extensively explained in the Illinois Act.  The Iowa and
Illinois bills have supplemental permits which can be utilized  to substi-
tute for variances.  Only the EPA model provided a time limit on permits.
The Oregon, NSWMA, and Oklahoma  bills provided a grandfather clause for
existing permits, with Oregon's  statements being the most comprehensive.
The allowance for department terms and conditions was included  in five
bills, with the EPA and Illinois statements being the most comprehensive.
Oregon's Act provides the most extensive application review procedures
and fees for administration.  Minnesota's Act was the only bill  to provide
for extensive local involvement  through the county permits and  fees.   Four
bills provide for long-term site monitoring or maintenance to varying
degrees, with Oregon's statement being the most comprehensive.


[Hazardous Waste Treatment/Disposal Sites]

     Table V presents the provisions of [Hazardous Waste Treatment/Disposal
Sites], which is primarily concerned with the terms and conditions for
such sites established by the bills.

     The Illinois act establishes a permit program and stipulates that
the Agency can require such conditions as are necessary to comply with
the act.  Those terms and conditions required by the act are "periodic
reports and full access to adequate records and the inspection  of facil-
ities," in addition to compliance with the Board's regulations.

-------
                  TABLE  V
California Illinois     Iowa   Minnesota  Oklahoma   Oregon
                    (proposed)	(proposed)
EPA Draft   NSWMA
  No. 1    Draft No.
[Hazardous Waste Treatment/
Disposal Sites]
Permit Terms & Conditions
Liability Insurance
Financial Status
Financial Responsibility (bond)
Personnel Qualifications
Certification
Recertifi cation
Fees
Local Permit Registration
Local Site Approval
Local Public Hearing
State Public Hearing
Conveyance of Site Title
[Transportation of Hazardous
Waste]
Public Utilities Commission
to Issue Rules
Department to Issue Rules
Hearings Required
Consistent w/other rules
Effective Date
Manifest
Permi ts
i
*Partial








25174

T





25161
25152
25162*
25155
25160



Sec. 21


Sec. 39

Sec. 22(b)







Sec. 21,22









Sec. 4.4


Sec. 4.5







Sec. 5.3



Sec. 4







116.07(4a)








473D.07




116.07(4)








Sec. 8(E)
Sec. 8 B)
Sec. 8(C)

Sec. 8(D)



Sec. 9

Sec. 6










459.540,59C
459.530
459.590,600
459.540


459.600,6lJ


459.560
459.550,57(j
Sec. 9
(A)
) A(l)

) A)(2)
A)(3J
(A)(3)(a)
(A) 3)(b)
) (B)



I
459.510
459.590,595

459.450


459.450

Sec.4.7;l£




Sec. 16
Sec. 16

Sec. 16
Sec. 16
Sec. 16




















Sec. 6
Sec. 6(2)

Sec.7(8)(b)
Sec. 7i'8J
cor 7 i 9 l
j6C . / \c )

r\>
~xl
1



-------
                                      -28-
     lowa's bill  would require conditions  for  permits  to  be  established
by''the Commission and directs  that "sufficient surety  bond or  other  finan-
cial commitment to insure proper maintenance,  closure,  and monitoring  of
the hazardous waste disposal  facility"  be  required.   In addition,  the
Commission, by rule, may require public hearings  and  must allow participa-
tion and public notice in the permit process.

     The Minnesota amendments  allow the pollution control agency the free-
dom to require such conditions as the agency deems necessary.   In addition,
a permit cannot be issued in  the Metropolitan  Inter-County Council area
which does not comply with the Council's comprehensive plan, and copies
of applications are required  to be sent to the Council  and a time limit
for action is specified.

     Oklahoma's bill allows the Section to require monitoring  equipment,
safety devices, signs, or "other equipment deemed necessary  to ensure
the suitable operation of the facility or  site."   The conditions required
by the bill for a permit are  liability insurance  within limits up to
$500,000, evidence of financial solvency,  and  ability to  operate and main-
tain the site according to the requirements; and  evidence that the operation
is under a qualified person (with guidance on  qualifications stipulated).
In addition, the operator is  required to maintain and monitor  any closed
site for ten years after closure and must, upon receipt of a permit  or ex-
tension, file the permit with the Registrar of Deeds  in the.county where
the site is located and report this filing to  the Section.   Notification
of adjacent property owners and local health departments  is  also required
with a public hearing to be held if requested  on  applications.

     The Oregon Act places the most conditions on a permit beginning with
the requirement for conveying the site to  the  state where hazardous  wastes
are to be disposed of by storage.  The Act stipulates that  if  the state
were required to pay for the  land, then the licensee  shall pay the state
an annual fee sufficient to make the site  self-supporting and  self-liquidating,
Other conditions include expeditious completion of the project; commencement
of operations upon completion of site construction; discontinuance of  opera-
tions only with approval from the department;  maintenance of sufficient
liability insurance to protect health, welfare, and environment; establish-
ment of safety and emergency  procedures; resotration of the  site at  closure;
and maintenance of a cash bond in the name of the state sufficient to  cover
closing, maintenance, and monitoring costs.  Permits  are  also  conditioned
by reporting requirements on  material received and license fee requirements
based on volume or a percentage of the gate fee or both.   The  fees are
placed in an account and, with earnings, can accumulate a sum  to replace
the cash bond.  If closure precedes this event, the cash  bond  will  be  used
to obtain the difference.  In addition, annual license fees  sufficient to
maintain a monitoring and surveillance program for the site  shall be charged
and appropriated to the department.  Finally,  the Commission can obtain
the site title for the state  by condemnation, proceedings.

-------
                                      -29-
  ,  The EPA model  stipulates that the department prescribes  the terms
and conditions for permits which shall  include but not be  limited to  evidence
of liability insurance for the protection of the  public health and the
environment; evidence of financial  responsibility to  assure  the same  protec-
tion as the liability insurance if the site were  abandoned,  stopped opera-
tions, or interrupted operations; and evidence that the qualifications  of
the personnel  meet training and education qualifications determined to  be
necessary by the department based on the hazardous wastes  to  be handled.
The department must certify said personnel  and recertify them if the  hazard-
ous waste types significantly change.  In addition, the department is au-
thorized to establish fees to be paid by hazardous waste treatment/disposal
sites for the purpose of administering the act and deposit such fees  in an
account established for that purpose.

     The NSWMA model  did not mention terms or conditions for  permits.

     The terms and conditions of permits for hazardous waste  treatment/
disposal sites can be as extensive or as minimal  as the state legislators
desire.  Oregon and EPA bills have the most comprehensive  set of conditions
in the bills, though  the Minnesota, EPA, Iowa, and Illinois  bills allow the
regulatory agency to  establish conditions beyond  the  requirements of  the
law.  The liability insurance and the cash bond requirements  of the Oregon
act are the most comprehensive.  The EPA bill allows  department discretion
in the form of the financial security.  The Oklahoma  and Oregon bills re-
quire a statement of  the financial  status of the  applicant prior to issuance
of the permit.  Four  of the bills provide for operator qualifications,  and
EPA's requirement is  the most comprehensive with  certification and recertifi-
cation provisions.   However, the certification program is  not fully explained
and is not mentioned  elsewhere in the act.  The California and EPA provisions
for schedules of fees are very similar and provide an income  for the  state
program to pay for administration of the act.  Oregon went one step further
with the establishment of two annual fees; one to pay for  monitoring  and
protection of the site after closure ( and replace the cash  bond) and the
other to pay for a monitoring and surveillance program while  the site is
operating;  The unique feature of the second fee  is that it  is continuously
reappropriated to the department.  Oregon's Act further requires the  con-
veyance of the title  of a licensed site to the state, state  and local
hearings on each site application,  and review by  state agencies who can
recommend disapproval.  If the Health Department  recommends  disapproval,
the agency must disapprove the application.  Iowa's bill requires public
notice and participation on the state level for an application, and Minnesota's
bill requires compliance with the Council's comprehensive  plan, which must
include hazardous waste management.  The Oklahoma bill provides for public
notification and a hearing on each application if requested.   In addition,
the permit must be filed with the county Registrar of Deeds.


[Transportation of Hazardous Wastes]

     Table V also presents the sections of the bills  pertaining to transporta-
tion of hazardous wastes.  The provisions of this section  can include the
issuance of rules and regulations,  directions on  the  consistency of those

-------
                                      -30-
rules and regulations with other rules  and  regulations,  the  requirement
for a manifest system, and the requirement  for  permits  by  transporters
of hazardous wastes.

     California's Act requires that the producer  of hazardous  wastes  pro-
vide a list (manifest) to the transporter which includes a description of
the hazardous waste carried,  its composition by maximum and  minimum percen-
tages, the origin and destination of the wastes,  and other safety  informa-
tion as appropriate.   The list (manifest) and hazardous  wastes are delivered
to the disposal  site and are  to be shown to any designated official.   In
addition, the department shall, after public hearing, adopt  rules  and regu-
lation governing the list as  necessary  to enforce the provision.   Other
documents required by state and federal  agencies  can satisfy applicable
requirements for information  on the list.

     Illinois' Act provides limited authority over refuse  collection  and
allows a permit to be required for 'collection.  The Board  can  promulgate
rules and regulations governing the handling and  transporting  of hazardous
waste.  The broad grant of authority provides the state agency with an
opportunity to develop and recommend a  regulatory program.  The Board can
reject or adopt these recommendations.

     Iowa's bill includes transportation as an  element  of  disposal but does
not specify any transportation-oriented activities other than  sites or
facilities.  The adoption of  rules by the Commission for hazardous waste
handling to protect the public and environment  from exposure are the
apparent limits of the bill on transportation.

     Minnesota's amendments delegated the development of standards for
hazardous waste transportation to the Minnesota Public  Service Commission
with the cooperation of the Pollution Control Agency.

     The Oklahoma bill directs the Section  to prescribe manifests  for all
generators of hazardous waste which are to  be used once the  generator plans
are approved.  The manifests  are to be  given to the transporter by the
generator and include the approved plan number, the amount and composition,
and the origin and destination of the hazardous waste.   The  transporter
is responsible for the manifest and waste until he delivers  both to the
disposal site.  Prohibitions  against carrying,  receiving,  or disposing
of hazardous waste without a  manifest or without  a manifest  with the
approved plan number is also  contained  in the provision.

     Oregon's Act instructs the Public  Utility  Commissioner  and Department
of Agriculture to consider the recommendations  of the department with re-
gard to transportation of hazardous waste.

     EPA's model provides for the Public Utilities Commissioner to issue,
within one year of the effective date of the-act, rules and  regulations
for the transportation of hazardous waste.   Said  rules  should  be consistent
with U.S. Department of Transportation  (14) and department regulations.

-------
                                      -31-
 .,  The NSWMA model  requires  the director to  develop  a  manifest  for  review
by the Hazardous Waste Technical  Advisory  Committee  and  then  for  adoption
following a public hearing.  The  model  also provides for the  adoption,
after public hearing, of rules and regulations governing hazardous waste
handling and allows the promulgation of a  permit program for  handling
hazardous waste.  The manifest is required to  accompany  hazardous waste
and shall include the quantity, composition by maximum and  minimum percen-
tages, and such other information as the director may  require.  The com-
pleted manifests shall be forwarded to  the director  monthly by  the pro-
ducers, handlers, processors,  and disposers.

     The transportation provisions of the  bills vary considerably in
coverage.  California and NSWMA bills stipulate a comprehensive transporta-
tion regulatory program, and Illinois enables  one to be  developed by  the
agency and Board.  The Minnesota, Oregon,  and  EPA bills  provide for coopera-
tion with public service agencies on program and standards  development,
and the Oklahoma bill provides for a manifest  system without  rules and
regulations governing transportation.  The Iowa bill,  on the  other hand,
provides for rules for transportation and  gathering  of information but  not
a manifest system.  The NSWMA  model provides for a hazardous  waste handling
permit program and is the most comprehensive allowing  for the adoption  of
the permit procedures, guidelines, standards,  rules  and  regulations,  and
manifests after public hearing.  The Oklahoma  manifest system is  tied to
the generator plans and includes  prohibitions  not found  in  the  other  bills.
The California Act allows other required documents to  satisfy manifest
requirements and provides for  inspection of the manifest.  The  EPA model
provides for consistency of transportation rules and an  effective date  for
the rules.  NSWMA's model also provides for an effective date and requires
monthly filing of the completed manifests.  Therefore, a comprehensive
bill would include provisions  from all  of the  available  bills.


[Imminent Hazard]

     Table VI presents provisions of the bills related to emergency or
imminent hazard situations. The  sections  of this provision can include au-
thorization for the department to issue orders, suspend  operations for  per-
mits, or request enjoinment of an action and may include a  statement  that
proof of damage is not required for enjoining  actions.

     California's Act does not address  emergency powers; however, it  does
provide for obtaining a restraining order or a permanent or temporary injunc-
tion without having to allege  an imminent danger or  damage.  In addition,  the
department may request the Attorney General or county  attorneys to file for
a court order or injunction to prevent or halt a violation  of the act,  rules
and regulations, or orders issued thereunder.

     The Illinois Act provides for the  Board- to adopt  provisions  relating
to emergency conditions or occurrences  constituting  an acute  danger  to  health
or to the environment and arising from pollution.

-------
                  TABLE VI
California Illinois
   Iowa    Minnesota
(proposed)
 Oklahoma    Oregon   EPA Draft
(proposed)             No.  1
  NSWMA
Draft No. 6
[Imminent Hazard]
Department Authorized to
Issue Orders
Suspend Operations
Request Enjoining Actions
Proof of Damage not Required
to Enjoin
[Enforcement]
Investigations Allowed
For Violation of a
Permit - Term or Condition
Rule, Regulation, Standard
Order
Penalty or
Request A.G. Action
For Knowing Violation of the
above—Penalty
Procedure
Notice
Order
Enjoining Action
Suspension
Hearing
Each Day Separate Violation
Delivery of Orders
Burden of Proof
Negotiated Settlement
Civil Suit to Recover Penalty
Procedures for Civil Actions
Judicial Review
Authorized Representative




25181
25184
25180
25185

25154


25180



25181
25181




25181


25182
25183

25180

Sec. 27


Sec. 34
Sec. 43


Sec. 30
Sec. 42
Sec. 42
Sec. 42
Sec. 42
Sec. 43
Sec. 44
Sec. 31

Sec. 9
Sec. 9




Sec. 7
Sec. 8,12
Sec. 8,12
Sec. 8,12
Sec. 13
Sec. 8,12
Sec. 14-

Sec. 31 |Sec. 7
Sec. 31
Sec. 33
Sec. 32
Sec. 32
Sec. 42

Sec. 31

Sec. 42
Sec. 31
Sec. 41


Sec. 8
Sec. 8
Sec, 5.3
Sec. 7,8

Sec. 9
Sec. 16
Sec. 7


Sec. 10











116.077

116.077

























Sec. 13

Sec. 13





Sec. 14.2
459.680
459.680
459.680
459.680
459.680


459,650,66

k59.650,66f
459.650,66
459.992




650,660
459.440
459.690
Sec. 14.1
1459.650,66
Sec. 13







J
459.992
459.660




459.580,62
650,660


Sec. 10
(A)
(AMI)
(AMD
(A}(2)
(B)
Sec. 11
) Sec. 7
Sec. 11 (A1
9 (A)
3 fB)
' CC)
CA)
W
Sec.8(B)2


Sec. 11 (A
(A)

D
ID)
(E)




3
Sec. 7

Sec. 4(3)
Sec. 8


(2)


Sec. 8



SRC. 8(3}
Sec. 8(3)
Sec. 8(2)


Sec. 8(1)
Sec. 8(2)
Sec. 82)
Sec. 8(2)
Sec. 8(4]_



Sec. 8(6)
Sec. 8(5)
Sec. 8(2)
Sec. 8(5)




i
CO
ro


-------
                                      -33-
     lowa's bill  allows either the commission  or the  executive  director  to
issue orders without notice if the emergency affects  the  public health,  wel-
fare or safety, or endangers the environment.   Such an  order is to  be  deliver-
ed by personal  service and shall be binding until  modified  or reversed by  the
court or action by the commission or executive director following a hearing
before the same.
                                                               I
     The Oregon Act stipulates the department  can order a halt  to an operation
without notice when monitoring or surveillance indicates  a  clear and immediate
danger to public health or safety.  However, within 24  hours after  the order,
the department must appear in circuit court and petition  for equitable relief
and may commence proceedings to revoke the license.

     The EPA model allows for the department to issue an  order  requiring
elimination of the hazard, including halting operations,  or request the
Attorney General  or local district-attorney to commence enjoining action on
such acts or practices.  The department must show that  the  person is engaged
in the acts or practices but does not have to  show or allege irreparable
damage or that the remedy at law is inadequate.  The  hazard must be to the
health of persons or other living organisms, and the  department can obtain
a restraining order, temporary injunction, or  permanent injunction.

     The NSWMA model requires notice of violation followed  .by a 30-day waiting
period prior to commencement of any further activities.   If an  imminent  dan-
ger to the public health or safety is demonstrated after  the 30-day period,
the director may suspend operations until  steps are being taken to  alleviate
the danger.  Since the NSWMA model requires a  30-day  waiting period, it  does
not really apply to an imminent hazard.

     The coverage of the EPA model is the  most complete.  The Illinois ap-
proach is the most flexible regarding the  requirements  which the Board could
adopt to cover imminent hazards.  The California act  does not provide  a
direct reference to emergencies.  The Iowa bill requires  delivery of orders
by personal service and provides a wide range  of hazard determination  but
no injunctive relief provision.  The Oregon act requires  an appearance in
court to petition for equitable relief within  24 hours.


[Enforcement]

     The provisions of an [Enforcement] section are presented in Table VI
and can include investigations, prohibitions,  violations, penalties, proce-
dures, statements on burden of proof and judicial  review, and any other
special provisions or assignments of responsibility.

     The California act requires enforcement of the standards and rules  and
regulations of the department by the department, local  health officers,  or
any local public officer designated by the department.  The method  of  enforce-
ment for violations or potential violations is to have  the  Attorney General
or the county district attorney apply for  a temporary or  permanent  injunc-
tion or restraining order.  The injunction or  order will  be granted if the
department shows the court that the act or practice will  violate or has

-------
                                      -34-
violated the law, rules and regulations,  or standards.   The petitions  will
be-by the above-mentioned attorneys  only, and any  applications  or  petitions
may be joined or consolidated by the court.  In addition,  the  enjoining
action does not require an allegation or  proof of  irreparable  damage or  that
the remedy at law is inadequate.

     The Illinois enforcement provisions  encompass five sections of the  law,
penalties encompass four sections,  and judicial  review  one section.  The
enforcement provisions stipulate that notice must  be served of a violation
and said person must attend a hearing within 21  days of notice  before  the
Board.  In addition, complaintants  against the alleged  violator and public
agencies requesting notification must be  notified  of the hearing.   Complaints
by persons are allowed, but, like the Agency, they must show before the
Board that the violation or potential violation is or will  cause a violation
of the rules, etc.  The hearing officer appointed  by the Board must file a
report and findings with the Board,  including recommendations  following  the
hearings.  The Board may direct, cease, and desist orders;  impose  civil
penalties; revoke the permit; and require posting  of a  bond by the violator
to insure corrective action.  The conditions for making determinations are
extensive, and the Board can request enforcement of orders  by  injunction,
mandamus, or other appropriate remedy.

     The Illinois act includes a provision for the Board to adopt  regulations
concerning emergency conditions under any of the Board's regulatory functions,
which would include hazardous waste management.  Once these are promulgated
and an emergency arises, the agency can seal any equipment, vehicle, vessel,
aircraft, or other facility in violation  of the rules and regulations  if an
emergency condition exists which creates  a danger  to health.   Breaking the
seal is a misdemeanor.  The owner or operator is entitled to a  hearing on
the seal before the Board, and the  petitioner may  seek  injunctive  relief.

     Any party to an action before  the Board is entitled to judicial review
of the action of the Board subject  to the provisions of the Administrative
Procedures Act with exceptions.  Violation of a rule or regulation, standard,
permit term or condition, or order  is subject to a civil  penalty of $10,000
plus $1,000 per day as long as the  violation persists.   In addition, the
cost of fish kills can be assessed  separately.   Civil actions  can  be used
by the Attorney General to collect  penalties.  The Attorney General or county
state.1 s attorney can file for an injunction on their own motion to stop  a
violation and do so in the name of  the people of Illinois.   Knowing violations
are Class A misdemeanors and all law enforcement officers  are  bound to enforce
it.  Corporations are also responsible for the knowing  actions  of  their
employees.

     The Iowa bill provides for investigations by  the department and mentions
the technical aspects and the need  for evidence of a violation. The director
must notify the alleged violator-and attempt informal negotiations to  resolve
the problem and can then issue a notice of the time and place  of public  hearing.
After the hearing, the commission or executive director may issue, if  the
violator is found guilty, an order  requiring remedial action or refer  the case
to the Attorney General or both.  Judicial review  is provided  for  any  order

-------
                                      -35-
of the commission or executive director;  however,  either  may  reinstitute
charges if public health is endangered.   The executive  director  may  request
the Attorney General to seek injunctive  relief for violations of rules, per-
mit conditions, or orders and records  of hearings  shall be  maintained.  A
maximum civil  penalty for violations is  $500/day.  . The  maximum criminal
penalty is $1,000 and/or six months in jail  and requires  a  knowing violation
of the act, rules, permits, or orders; falsification  of records  or documents;
tampering with monitoring equipment; or  failure to report a hazardous  situa-
tion.  The Attorney General is instructed to institute  proceedings requested
by the executive director or the commission  for enforcement of the penalty
provisions.  Finally, the burden of proof with respect  to violations of the
act or rules is on the department.

     Minnesota's Act places the responsibility for compliance on those affected
by the amendments.  Violation  of the  provisions or regulations  or standards
of the pollution control agency is  a misdemeanor.

     The Oklahoma bill would establish the penalty for  violation of  the act,
rules, regulations, or standards as a  misdemeanor  with  a  maximum sentence
of 30 days in jail or a fine and imprisonment.  Each  day  or part of  a  day
during which the violation is continued  shall  be treated  as a new offense.
In addition, the Section or head of the  Division of Environmental Resources
can temporarily suspend the permit  of  an operator  until the site conforms
to the rules,  etc., or apply for an injunction to  restrain  a  violation and
restrain the maintenance of a public nuisance.

     The Oregon Act allows the department to conduct  investigations  of com-
plaints of violation or-unsafe activities and, if  conditions  warrant,  file
a complaint with the operator indicating the time  and place of a hearing
upon ten days written notice.  The  complaintant and licensee  are entitled
to be heard and may require the attendance of witnesses,  present evidence,
and offer exhibitions.  The Commission (or their appointed  hearing officer)
shall hear the matter and within 30 days, make such orders  as it considers
necessary.  The orders are subject  to  judicial review and the cost of  tran-
scribing and recording the hearing  shall  be  paid by the party seeking  judi-
cial review.

     The department may, on its own motion,  investigate potential unsafe
conditions or violations of the act, rules,  or orders and,  without notice
or hearing, make orders as necessary.  The findings and orders may require
changes in operations, procedures,  or  practices in violation  of  the  act, etc.,
or compliance with the license provisions.  The findings  and  orders  are ef-
fective 20 days after date of issuance provided the licensee  does not  make
a written request for a hearing before the Commission within  that time period
stating the reasons for requesting  a hearing.   After  the  hearing, the  Com-
mission may affirm, reverse, or modify the order,  which is  also  subject to
judicial review, without the transcript  payment requirement.   The department
may also institute court proceedings to  enforce compliance  or restrain viola-
tions of the act, etc., without a hearing.  Violation of  the  license require-
ments, rule, or order is punishable, upon conviction, by  a  maximum fine of
$3,000 or imprisonment for one year, or  both,  with each day a separate
offense.

-------
                                      -36-
     The EPA model stipulates that if a person is  in violation  of  a  require-
ment of the act, the department shall issue them an order to  comply  or  request
the Attorney General to seek civil action for injunctive  relief.   The penalties
for knowing violations shall not exceed a fine of $25,000 per day,  imprisonment
for one year, or both.  The penalty for violations of orders  under this section
shall not exceed $10,000 per day.  Each day of non-compliance with the  require-
ments of the act or an order shall constitute a separate  offense.  Orders  shall
be delivered by personal service to the person designated to  receive service
of process.  In addition, the EPA model has a section devoted to  "prohibitions,"
which is closely related to [Enforcement] provisions.  The prohibitions stipu-
late that, effective six months after promulgation of rules and regulations,
it is unlawful to construct, alter, or operate a hazardous waste  facility  or
site, transport or store hazardous waste without a permit; violate a term  or
condition of a permit; or treat or dispose of hazardous waste without such
permit.  A provision prohibiting the operations of a site or  facility or
transportation or storage of hazardous waste while a permit is  suspended or
revoked is also added.  The final provision of the "prohibitions"  section
makes it unlawful for a person to falsify any record, report, information,
or test required under the act.

     The NSWMA model provides for the director.to give written  notice to the
violator of violations of the act or requirements  thereunder.  If  the viola-
tion continues for 30 days after notification, the director can issue an
order requiring compliance within another time period or  commence  a  civil
action for appropriate relief, including temporary or permanent, mandatory or
prohibitive injunctive relief.  Orders must state the violation and  time
period for compliance.  If monetary penalties are sought, they  must  be
determined by the department based on the seriousness of  the  violation  and
efforts to comply.  The penalties are not stipulated but  are  restricted to
non-compliance with orders within the specified time frame.  The Attorney
General can be requested to collect any unpaid penalties  by filing a civil
action in the county court where the violator is located.  The  court must
sustain both the director's findings and the penalty.  However, the  depart-
ment is authorized to settle any penalty in an amount which is  equitable up
to a maximum of 90 percent of the penalty when the person takes action  with-
in a year to correct the violation.

     Enforcement provisions of the bills vary extensively, as Table  VI
indicates.  Explicit statements on investigations are found in  five  bills.
Illinois' provision of the right to make an investigation, Iowa's  description
of the necessary parts of an investigation, and EPA's statement on an au-
thorized representative are the most comprehensive of the bills.
Oregon split the investigative power into two sections with different proce-
dures which could cause confusing conditions but provides more  flexibility
to the department in a choice of actions.  The violations of  rules and
regulations, standards, and permit terms or conditions are well  covered
in the Illinois, Iowa, and EPA bills.  The California, Oregon,  Oklahoma,
Minnesota, and NSWMA bills do not mention the permit terms and  conditions
and other sections.  The distinction between a violation  and  a  knowing  viola-
tion is recognized in the Illinois, Iowa, and EPA bills,  with Iowa furnishing

-------
                                      -37-
the most complete statement of knowing  offenses  and  EPA  providing  the most
stringent maximum penalties.   EPA also  provided  the  most stringent maximum
penalties in the violations section.  The procedures provisions  of the  Illinois,
Iowa, and NSWMA bills prescribe a complete ran&e of  activities;  however,'  the
NSWMA activities are extremely weak with  the  30-day  notice  period  followed
by actions which can be delayed or even negotiated at the will of  the violator.
The Illinois activities are the most extensive  requiring a  hearing within
20 days of notice followed by a Board action  and/or  civil court!action.   The
Oregon Act stipulates a 10-day notice prior to  a hearing on a  violation of
a complaintant and a 20-day period for  a  department  order from their own
investigation.  All  the bills except Minnesota  and Oklahoma provide for a
hearing following such orders.  California requires  the  order  to issue from
the appropriate court which necessitates  a hearing.   Four of the bills pro-
vide for each day being a separate offense with  EPA's statement .being the
most comprehensive and including joining  and  consolidating  actions by the
court.  Iowa, Oregon, and EPA bills provide for  personal  service as the
method of delivery or orders.  Illinois,  California, and NSWMA provide for
the collection of penalties by request  to the Attorney General for civil
action; however, NSWMA's statement requires a court  decision on  the action
of the agency and the penalty.  Iowa's  bill included a provision on the
burden of proof and the ability of the  director  to negotiate a settlement
prior to department action.  NSWMA's bill  added  a section on mediating
penalties if the corrective action is taken within a year.   Oregon's Act
provided for actions to restrain a violation  in  a separate  section which
allows court action without an administrative hearing.  Judicial review is
provided for in five of the bills with  extensive sections in the Illinois
Act.  Finally, Iowa's bill added a section directing the Attorney  General
to take action at the request of the department.


[Hazardous Waste Technical Advisory Committee]

     Table VII presents the provisions  of this  section,  which  can  include the
establishment of the board or committee;  its  duties; membership  and terms
of office; compensation and interests of  the  members; meetings and procedures;
reports and contracts; staff; and any other special  powers, provisions, or
procedures.

     The bills establishing such committees usually  do not  have  existing
boards, commission,  or other advisory bodies  with responsibilities for re-
view of rules, and regulations and other requirements of  acts.  The California,
EPA, and NSWMA bills are such bills and create  hazardous waste management
Technical Advisory Committee or Board.  The committees differ  in duties with
California's and EPA's being advisory to  the  department  on  a number of sub-
jects and NSWMA's being evaluative, advisory, and recommendatory to the
Governor, department, and legislature by  preparing reports  and recommendations
on a wider range of issues.  The'membership of  the committees  are  seven for
California, eleven for EPA, and nine for  NSWMA.   However, the  mix  of repre-
sentatives differs greatly with local government and the public  providing
four members of each committee, agriculture one  in California  and  two in
EPA; generating industry one in California, two  in EPA,  and one  in NSWMA;
and transporters and processors or disposers  one in  California,  two in EPA,
and three in NSWMA,  with a chemical engineer  added to the NSWMA  committee
and the director of the department added  to EPA's committee.

-------
                  TABLE VII
California Illinois    Iowa   Minnesota  Oklahoma   Oregon
                    (proposed)	(proposed)
EPA Draft   NSWMA
  No. 1    Draft No,
[Hazardous Waste Management
Technical Advisory Committee]
Established & Duties
Membership
Terms of Office
Compensation
Financial Interest
Meetings
Meeting Procedures
Reports
Contracts & Staff
[Inspections; Right of Entry]
i Authorized Personnel
Entry
Inspections
Sampling
Examine & Copy Records
[Liability]
[Records, Reports, Monitoring]
Department Rules & Regulation
On Records
On Reports
On Sampling & Analysis
On Monitoring
On Other Information
On Public Inspection
Applicability
Confidentiality
Employees not to Release
Reporting
25130
25130
25131

25133
25132




25185
25185
25185





>

L 251 53






25173
25173


























Sec. 21

Sec. 21



Sec. 5(4




Sec. 22(dj Sec. 5.1
Sec. 4(b)
Sec. 22(6}

Sec. 22(d)
Sec. 5.1
Sec. 5.1


Sec. 22(d}

Sec. 7

Sec. 7



Sec. 5.1


Sec. 11
Sec. 11















)



















Sec. 4(5J


Sec. 10


Sec. 4.6
116.101 Sec. 4.9,1



























459.670
Sec. 13
A!
B)
C!
(Di
(E}
u;



Sec. 7
Sec. 7
Sec. 9
(8) & (9)
(li & U)
(1)&(3)&(6)
(2)

(.6) & ,12).
(5) & (7)
(10)
(11)


459.610,670Sec. 7(A)|


459.670
459.685


459.670
0 459.440&
459.590



459.460

Sec. 4.13 459.460





Sec. 7(B)
Sec. 7(B)
Sec. 7(C)

Sec. 6
(A)
(A) (1 )
(A)(2) &
Sec. 8 1
(A)(3
A 4
(A 5
C)
,B>
0






Sec.7(2)(f




)





Sec. 4(8
Sec. 48
Sec. 7 8 (c

                                                                                   CO
                                                                                   oo

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                                      -39-
     The terms of office are specified in the EPA and NSWMA bills  with  NSWMA
providing mandatory actions and meetings and meeting  procedures.   The  three
bills all cover compensation, but only the California and EPA bills  have
statements concerning financial interests of the members  representing  the
public or government interests.  The NSWMA bill  also  provides for  the  Com-
mittee to hire staff and consultants as needed to carry  out its  functions.


[Inspections; Right of Entry]

     The provisions of this section are also presented in Table  VII  and can
include authorized personnel, right of entry, inspections, sampling, right
of records examination, copying of records, and other statements as  nece-
sary.  The provision of an inspection program was included in each bill and
ranged from the brief statement by NSWMA that "upon written request  of the
Director, furnish or permit the Director or his duly  authorized  representa-
tive at all reasonable times to have access to those  records relating  specif-
ically to such hazardous waste" to the extensive provision of EPA!s  model
allowing the authorized representative of the department at any  reasonable
time to enter, inspect, and take samples of hazardous wastes including  lables
or containers; and inspect or copy records, reports,  or  test results relating
to the purpose of developing or enforcing the act. The  California,  Illinois,
Iowa, and Oklahoma bills provide for inspections in much more general  state-
ments.  The Oregon Act provides for a surveillance and monitoring  program
to be supported by fees from the hazardous waste'disposal sites, and the
program appears to be focused on disposal sites.


[Liability]

     The provisions of this section are presented in  Table VII although they
are often included in the [Enforcement] section.  They can include the as-
signment of responsibility for damages, actions of employees, and  corrective
actions and ownership of materials.

     Three bills included statements concerning liability--0klahoma, Oregon,
and NSWMA.  The Oklahoma bill placed the liability for damages resulting
from a hazardous waste processing facility or disposal site on the operator.
NSWMA stated simply that the ownership of the wastes  transfers upon  receipt
unless otherwise provided for.  However, Oregon's Act devoted an extensive
section to the liability for hazardous waste, whether it is waste  or not.
The person having care, custody, or control over the  waste and who causes
or permits illegal disposition of it or unreasonable  use of handling of it
(spills included) is liable for damages to person or  property by such  dis-
position.  In addition, the person must immediately collect, remove, or treat
it at the department's direction or the department will  do so and  charge
the responsible party for said expenses.  If said expenses are not paid with-
in 15 days after notice, the department may-request the  Attorney General
to bring action to recover said expenses.  The Oregon Act has the  most compre-
hensive section concerning liability.

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                                      -40-
[Records, Reports, Monitoring]

     Table VII presents the provisions  of this  section,  which  is  often  found
distributed among other sections.   The  provisions  can  include  authorization
for rules and regulations stipulating records  to  be  maintained,  reports and
reporting, sampling and analysis requirements,  monitoring  requirements  or
other information required, applicability of the  above,  confidentiality of
information, and responsibilities  of persons and  employees.    I

     All eight bills contained statements on records,  reporting,  or  monitor-
ing as shown in Table VII.   The Illinois, Iowa, and  EPA  bills  contain explicit
statements concerning the prescription  of records  and  reports.   The  NSWMA,
California, and Oklahoma bills do  not include  statements granting the authority
to develop rules and regulations on the subject.

     Oklahoma's bill places requirements for reporting on  generators and
operators of sites and facilities  and allows the  Section to  require  monitor-
ing devices; however, the act does not  prescribe  other reporting  requirements.
The California Act stipulates that generators  of  extremely hazardous waste
must report the same to the department; however,  the rules and regulations
provided for by the department may or may not  include  reporting  requirements.

     The NSWMA bill assigns responsibility for maintaining records to the
generator, transporter, and processing  or disposal  facility  or site  operators
but does not specify that rules or regulations' be promulgated  or accountability
for the records.  The completed manifests are  to  be  forwarded  to  the depart-
ment monthly and records can be inspected by the  Director.

     The Illinois Act allows the director of the  agency  to prescribe report-
ing requirements and maintenance of records and gives  the  Board  the  power to
require monitoring through  rules and regulations  and to  require  records and
reports with regard to the  monitoring and sampling.   In  addition, the Act
provides for public inspection and copying of  records  at cost  with exceptions
which include trade secrets, information privileged  against  introduction in.
judicial proceedings, and internal communications  of the agencies.

     Iowa's bill provided for the  maintenance  of  an  extensive  inventory of
hazardous wastes including  the location, identity,  quantity, method  of
storage, rate of accumulation, current disposal practices, and other informa-
tion deemed necessary by the Commission.

     The EPA model provides explicitly  for the adoption  of rules  and regula-
tions prescribing records,  reports, tests and  analyses,  monitoring equipment
and uses, and other information necessary.  In addition, generators  of  hazard-
ous waste must report such  on forms prescribed by the  department within six
months of the effective date of .the act and at appropriate intervals there-
after.  This should provide an interesting situation because the criteria
for hazardous waste are not required to be adopted until two years after the
effective date.  However, the coverage  of the  reporting  can  change with time
and adoption of appropriate rules  and regulations.   The  EPA  model was the
only bill to specify the applicability of the  reporting  requirements and adds
a prohibition against the falsification of "records, reports,  analysis,
information, or test result required under this act."

-------
                                      -41-
     The California, Illinois,  Iowa,  Oregon,  EPA,  and NSWMA bills  specified
that confidentiality of information shall  be  maintained where warranted.
The protection of this section  is extended to "producers,  processors,  and
disposers," in the NSWMA bill;  "information"  in the EPA, Oregon,  Illinois,
and Iowa bills; and "handling and disposing methods"  in the California Act.
The definitions of "trade secret" vary slightly among the  bills  and the
protection afforded the information are different.   The Oregon and EPA
bills allow the information to  be divulged to authorized employees or  repre-
sentatives of the state agency.   The  Iowa, NSWMA,  and California  bills pro-
hibit employees of the department from disseminating such  information  and
require the department to establish procedures to  prevent  such disclosures.
Iowa's bill adds that information required in a proceeding on a  violation
may be utilized at the court's  direction.

     The numerous provisions of the bills  illustrate the variations in the
powers, requirements, and prohibitions, which could be included  in a hazard-
ous waste management act.  Only a combination of the above provisions  could
be considered comprehensive though the EPA model  appears to have  more  of
the major provisions.


[Employee Protection]

     Table VIII presents the provisions relating to discrimination against  an
employee or representative of the department  who is or has initiated or is
or will participate in a proceeding under  this act unless  the employee has
violated or caused a violation  of this act.  The EPA model was the only bill
including such a provision.


[Interstate Cooperation]

     Table VIII indicates that  the EPA model  is the only bill  providing for
interstate cooperation; however, several bills presented similar statements
in selected portions of their acts.  The EPA  statement is  the most explicit
encouraging state cooperation for improved management of hazardous waste,
uniform laws, and development of compacts.  Illinois provides the same
responsibility to the agency.


[Miscellaneous]                         ;

     Table VIII also indicates  those  provisions of the bills which did not
lend themselves to easy categorization. They included statements  on local
responsibility, citizen suits,  disposal at the generation  point  not re-
quired, disposal at generation  point not prohibited,  generator responsibili-
ties, transporter responsibilities, processor and  disposer responsibilities,
and a statement of intent.  Any subject appropriate for legislation could
be located in such a section.

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                  TABLE  VIII
California Illinois    Iowa    Minnesota   Oklahoma
                    (proposed)	(proposed)
Oregon  EPA Draft   NSWMA
          No. 1   Draft No. 6
[Employee Protection]
[Interstate Cooperation]
[Miscellaneous]
Local Responsibility
Local Planning & Permitting
State Agency Responsibility
Disposal At Generation Site
Not Required
Disposal At Generation Site
Not Prohibited
Citizen Suits
Generator Responsibility
Transporter Responsibility
Processor & Disposer
Responsibility
Intent Statement
[Repealer]
[Severability]
[Effective Date]
[Codification]



25172

25172 .
25171












Sec. 4(k)



Sec. 47,48

































116.07(2)
473D.03
473D.04
473D.051


























Sec. 16
Sec. 15

Sec. 17



















Sec. 14
Sec. 15






Sec. 12




Sec. 17
Sec. 18
Sec. 19









Sec.7(2)(i)

Sec. 7(3)
Sec. 7(4)
Sec. 7 5)
Sec. 7 7)
Sec. 11
Sec. 11
Sec. 10



-------
                                      -43-


     The assignment of local  responsibilities varied from the  prohibition  of
local (or state) agencies from adoption or enforcement of any  rule or regula-
tion in the jurisdiction of the department by the NSWMA bill to the extensive
authority granted to the counties by the Minnesota act, which  included compre-
hensive planning for hazardous waste disposal; plan adoption with  disposal
site criteria, policies, etc.; implementation reports including projected
sites, costs, procedures, hazardous waste ordinances, generator licensing
procedures, estimates of the number of generators, etc., filed by  .the coun-
ties.  The county ordinances  and rules and regulations are required to be
consistent with the rules arid regulations of the agency but can encompass
any subject covered by the agency.   The counties may license generators and
charge therefor, with collection procedures for unpaid charges stipulated,
provided the agency approves  of the actions of the counties.   Table VIII
presents the local responsibilities of the Minnesota counties  in the Metro-
politan Inter-County Council  area.

     The California Act specifically provides for the Act not  to limit the
authority of state and local  agencies in the administration or enforcement
of laws in which they have responsibilities.  In addition, the Act specified
that it cannot be interpreted to require disposal at the generation point
if transportation requirements are  met.

     The NSWMA model turned this provision around and stated that  the act
cannot be interpreted to prohibit disposal at the generation point.   In
addition, the NSWMA bill would place specific responsibilities on  the genera-
tors (identification of hazardous waste on the manifest, labeling, and
assuring processing or disposal in  permitted facilities), transporters
(completing the manifest, assuring  the hazardous wastes are brought to a
permitted site or facility if discharged within the state, and maintaining
records), and processors and disposers (receiving the hazardous waste,
processing or disposing of it according to requirements, and maintaining
records).  The NSWMA model also contained a statement of intent to encourage
and utilize private enterprise for  hazardous waste management.

     The EPA model added a section  concerned with citizen suits.  The provi-
sion allows suit against persons or the state if they are in violation of
the provisions of the law or have failed to act on non-discretionary provi-
sions.  The actions are limited to  a number of days after the  alleged viola-
tion and allowed only if the department is not diligently prosecuting.

     The Illinois Act added a provision requiring the state agencies, institu-
tions, and officers to comply with  the act and the requirements thereunder
and annually assess their operations for compliance and report to  the agency.
The report shall include findings,  progress, and future actions.  Plans and
specifications for facilities which could cause a violation are also re-
quired to be submitted.  The Act further stipulates that equipment governed
by Board regulations and owned or licensed by other agencies shall meet
the regulations.  This provision could provide a mechanism for regulating
hazardous waste transporter's equipment

     The miscellaneous provisions should be considered in the  development
of a comprehensive hazardous waste  management act.

-------
                                      -44-


                                   REFERENCES
 1.  State of California  Statutes  of  1972,  Volume 1,  p.  2387-2393, Assembly
     Bill  No.  598,  Chapter  1236, Approved by  the Governor  December 13, 1972.
     Section 25100  through  25185.

 2.  State of Illinois, 79th  General  Assembly,  1975 and  1976, House Bill
     2101, LRB2939-79-RGN/dv,  p.5.

 3.  State of Iowa, Department of  Environmental Quality, "Draft  Bill  for an
     Act Relating to the  Powers  and Duties  of the Department of  Environmental
     Quality in Regard to the Disposal  of Hazardous Wastes," Des Moines,
     Iowa, October  22, 1975,  p.  10.

 4.  Minnesota Statutes,  Senate  File  No. 3193,  Sixty-Eighth Legislature,
     State of Minnesota,  p. 16.

 5.  State of Oklahoma, 2nd Session of  the  35.th Legislature (1976), Committee
     Substitute for House Bill  No. 1811  (not  passed but  titled the "Oklahoma
     Hazardous Waste Disposal  Act"),  p.  8.

 6.  Oregon Revised Statutes,  Chapter 459,  Sections 459.410 through 459.690
     and 459.992, subsection  4.

 7.  U.S.  Environmental Protection Agency,  Office of  Solid Waste Management
     Programs.  "Model State  Hazardous  Waste  Management  Act, Draft for
     Discussion," Washington,  D. C.,  March  1, 1976, p. 30.

 8.  National  Solid Wastes  Management Association.  "A Legislative Guide
     for a Statewide Hazardous Wastes Management Program,  Working Draft,"
     Washington, D. C., January, 1976,  p. 37.

 9.  Illinois Revised Statutes,  Chapter 111 1/2, Sections  1001-1051,
     effective July 1, 1970,  as  Amended, The  Environmental Protection Act.

10.  Oregon, State  of, Department  of  Environmental Quality.  Hazardous
     Waste Management Planning,  1972-73, Portland, Oregon, March, 1974,
     p.  42.

11.  State of California, Department  of Health.  Law, Regulations and Guide-
     lines for the  Handling of Hazardous Waste, Sacramento, California,
     February, 1975, p. 18.

12.  Personnel communication  with  Michael Hansen, Hazardous Waste Project
     Director, Iowa Department of  Environmental Quality, March 18, 1976.

13.  Kohan, Allen M.,  A Summary of Hazardous.Substance Classification
     Systems, Environmental Protection  Publication SW-171, U.S.  Environmental
     Protection Agency, 1975, p. 55.

14.  Hazardous Materials  Regulations  Board,  Code of Federal Regulations
     Title 49, (Transportation), Parts  100-199, October  1, 1975.

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                                       STATE OF
                                     CALIFORNIA
                                       STATE  OF  ILLINOIS
                                       STATE OF IOWA
                                          (Proposed)
                                           STATE  OF
                                         MINNESOTA
(SHORT TITLE)
(FINDING of NECESSITY &

 DECLARATION of PURPOSE)
(DEFINITIONS)





    AGENCY



    BOARD



    COMMISSION


    CONTAMINANT
The people of the State  of  Cal-
ifornia do enact as follows:

Section 1.  Chapter 6.5  (com-
mencing with Section 25100) is
added to Division 20 of  the
Health and Safety Code,  to read:
Chapter 6.5.
Control
                                           Hazardous Waste
Article 1.  Findings  and
Declarations

25100.  The Legislature finds
that increasing quantities of
h.w. are being generated  in
the state and that without
adequate safeguards for handl-
ing and disposal,  such wastes
can create conditions which
threaten the public health and
safety and create  hazards to
wildl ife.

25101.  The Legislature there-
fore declares that in order to
prevent such hazardous condi-
tions it is in the public
interest to establish regula-
tions and to maintain a pro-
oram to provide for the safe
handling and disposal of  h.w.


Article 2.  Definitions

25110.  Unless the context in-
dicates otherwise  the defini-
tions in this article govern
the construction of this  chap-
ter.
Be it enacted by the People of
the State of Illinois, repre-
sented in the General Assembly.

Section 1.  Sections 3, 21  and
22 of the "Environmental
Protection Act", approved
June 29,  1970, as amended,
are amended to read as follows:

(Ch. Ill  1/2, par. 1003)
Be it Enacted  by  the General
Assembly of the State of Iowa:
Section 1.   Chapter four
hundred fifty-five B (4558),
Code 1975,  is amended by
adding sections two (2)
through sixteen (16) of
this Act.
Section 1.   Minnesota Statutes
1971,  Section 116.06, is
amended by  adding a subdiv-
ision  to read:
                                                                                                     Section 2.  Definitions.
                                                                                                     As used in this Act:
                                    Section 3.  (a)  "Agency"  is
                                    the Environmental  Protec-
                                    tion Agency established by
                                    this Act.

                                    (c) "Board" is  the Pollution
                                    Control Board established
                                    by this Act.
                                    (d)  "Contaminant" is any
                                    solid,  liquid, or gaseous
                                    matter, any odor, or any form
                                    of energy, from whatever
                                                                      Subdivision 2.  "Agency" means
                                                                      the Minnesota pollution control
                                                                      agency.
                                                                      7.   "Commission" means the
                                                                      solid  waste disposal commission
                                                                      of  the department.

-------
                                  STATE OF
                                 CALIFORNIA
                                         STATE OF ILLINOIS
      STATE OF IOWA
         (Proposed)
 STATE  OF
MINNESOTA
CORROSIVE
DEPARTMENT


DIRECTOR

DISPOSAL
DISPOSAL SITE
EXTREMELY
HAZARDOUS  WASTE
FLAMMABLE
28748.   "Corrosive" means
any substance which in con-
tact with  living tissue will
cause destruction of tissue
by chemical  action; but shall
not refer  to action on
inanimate  surfaces.

 25111.  "Department"  means  the
 State Department of Public
 Health.
25112.   "Director"  means the
Director of Public  Health.
25113.   "Disposal"  means to  •
abandon, deposit,  intern or
otherwise discard waste as a
final action after  their use
has been achieved or a use is
no lonner intended.
 25114.  "Disposal  site" means
 the  location where any final
 deposition of solid waste
occurs.
 25115.   "Extremely hazardous
 waste"  means any h.w.  or  mix-
 ture of h.w. which, if human
 exposure  should occur, may
 likely  result in death, dis-
 abling  personal  injury or
 illness durinq,  or as  a prox-
 imate result of, any disposal
 of such waste or mixture of
wastes  because of its  quanti-
 ty,  concentration,  or  chemical
 characteristics.

 28751.  The term "extremely
 flammable"  shall apply to any
 substance which has a  flash-
 point at  or below 20 degrees
 Fahrenheit, as determined
 by the  Tagliabue open-cup
 tester, the term "flammable"
 or "combustible" shall apply
 to any  substance which has  a
 flashpoint of above 20 degrees
 to and  including 80 degrees
 Fahrenheit, as determined
 by the  Tagliabue open-cup
 tester, and the term "combustible1
 shall apply to any substance
 which has a flashpoint above
 80 degrees  Fahrenheit  to and
 including 150 degrees, as
 determined by the Tagliabue
 open-cup  tester; except that
 the  fl armiabil i ty or com-
 bustibility of solids  and of
 the  contents of self-pressur-
 ized containers  shall  be
 determined by methods  found
 by the  department to be generally
3.  "Corrosive" means  causing
or producing visible destruction
or irreversible alterations
in human skin tissue at the
site of contact, or in the case
of leakage of a hazardous sub-
stance from its packaging,
causing or producing severe
destruction or erosion of
other materials through chem-
ical  processes.
5.  "Disposal" means storage,
collection, burial,  treatment,
recycling, refining, or decon-
tamination.

-------
                                  STATE  OF
                                 CALIFORNIA
                                         STATE OF ILLINOIS
     STATE OF IOWA
        (Proposed)
          STATE OF
        MINNESOTA
HANDLING
HAZARDOUS
SUBSTANCE
HAZARDOUS WASTE
(or Environmentally
 Hazardous Waste)
applicable to such  materials
or containers, respectively,
and established by  regula-
tions issued by it, which
regulations shall also  define
the terms "flammable" and
"combustible" and "extremely
flammable" in accord with  such
methods.
25116.   "Handling"  means the
transport, transfer from one
place to another, or packaging
of hazardous and extremely
h.w.
28743.  The term "hazardous
substance" means:
(a) Any substance or mixture
of substances which (1) is
toxic,  (2)  is corrosive,  (3)
is an irritant, (4) is  a  strong
sensitizer, (5) is  flammable
or combustible, or  (6)  generates
pressure  through decomposi-
tion, heat, or other means;
if such substance or mixture
of substances may cause
substantial personal injury
or substantial  illness
during  or as  a  proximate
result  of any customary or
reasonably foreseeable
handling  or use, including
reasonably foreseeable
ingestion by  children.
(c)  Any radioactive substance,
if,  with  respect to such sub-
stance  as used  in  a particular
class of  article or as
packaged, the department
determines by regulation
 that the  substance  is suf-
ficiently hazardous to require
 labeling  in accordance with
 this chapter  in order to
 protect the public health.

25117.  "Hazardous  waste"  means
any waste  material  or mixture
of wastes which is  toxic,  cor-
rosive, flammable,  an irritant,
a strong  sensitizer, which gen-
erates  pressure through decom-
position,  heat or other means,
if such a waste or  mixture of
wastes  may cause substantial
personal  injury, serious  ill-
ness or harm to wildlife,
during, or as a proximate
result of any disnosal  of  such
wastes or mixture of wastes.
The terms "toxic,"  "corrosive,"
"flammable," ."irritant," and
1.  "Hazardous substance" means
any substance or mixture of
substances exposure to which
would probably result 1n dan-
ger to the public health or
safety or to the environment
and includes, but is not
limited to, a substance which
is toxic, corrosive, or flam-
mable, or which is an irritant
or which generates pressure
through decomposition, heat,
or other means.
6.  Hazardous waste" means any
discarded, useless, or unwanted
hazardous- substance,  the dis-
posal of which requires special
precautions to prevent exposure
of the public or the  environ-
ment to such wastes.
Subdivision 13.   "Hazardous
waste" means any refuse or
discarded material  or combin-
ations of refuse or discarded
materials in solid, semi-solid,
liquid, or gaseous  form which
cannot be handled by routine
waste management techniques
because they pose a substan-
tial present or potential
hazard to human health or
other living organisms because
of their chemical,  biological,
or physical properties. Cate-
gories, of hazardous waste  ma-
terials include, but are not
limited to:  explosives,
flammables, oxidizers, poisons,
irritants, and corrosives.

-------
                                   STATE OF
                                 CALIFORNIA
                                         STATE OF ILLINOIS
                                         STATE  OF IOWA
                                            (Proposed]
 STATE  OF
MINNESOTA
HAZARDOUS WASTE
MANAGEMENT
INSTITUTE


IRRITANT
MUNICIPALITY


OPEN DUMPING





PERSON
PROCESSING (or  Treatment
or  Hazardous Waste
Processing)
 PROCESSING  FACILITY
 (or Treatment Facility or
 Hazardous Waste
 Processing Facility)
                         "strong sensitizer"  shall be
                         given the same  meaning as in
                         the California  Hazardous Sub-
                         stances Act (Chanter 13  (com-
                         mencing with Section 28740)
                         of Division 21).
28749.   "Irritant" means any
substance not  corrosive with-
in the  meaning of Section
28748 which  on immediate,
prolonged, or  repeated
contact with normal living
tissue  will  induce a local
inflammatory reaction.
 25118.   "Person" also includes
 any city, county, district,
 the state or any department or
 anency  thereof.
 25119.  "Processing" means to
 treat, detoxify,  neutralize,
 incinerate, biodegrade, or
 otherwise nrocess a  h.w.  to
 remove its harmful properties
 or characteristics for disposal
 in accordance with regulations
 established by the denartment
 in conjunction with  any other
 agency authorized to regulate
 or control h.w.
 25120.  "Processing  facility"
 means any facility or location
 where any final treatment,in-
 cineration, processing or
 deposition of h.w. occurs.
                                   (f)  "Institute" is the Illinois
                                   Institute for Environmental  Quality
                                   established by this Act.
                                                                                                          Subdivision 7.  "Hazardous waste
                                                                                                          management" means the identif-
                                                                                                          ication, labeling, classific-
                                                                                                          ation, storage,  collection and
                                                                                                          removal of hazardous waste from
                                                                                                          public and private property,
                                                                                                          its transportation to inter-
                                                                                                          mediate or final  disposal  fac-
                                                                                                          ilities and its  ultimate dis-
                                                                                                          posal  by approved methods.
                                                                                                 4.   "Irritant" means a sub-
                                                                                                 stance  causing or producing
                                                                                                 dangerous or Intensely irrita-
                                                                                                 ting fumes upon contact with
                                                                                                 fire or when exposed to air.
 (p) "Municipality" means any
 city, village  or  incorporated
 town.

 (h)  "Open dumping" means the
 consolidation of refuse from
 one  or more sources at a central
 disposal site that does not
 fulfill the reouirenents of a
 'sanitary landfill.

 (i) "Person"  is  any individual,
partnership,  co-partnership, firm,
company,  cornoration, association,
joint stock company, trust, estate
political  subdivision,  state
agency,  or any  other 1'egal entity,
or their legal  representative,
agent or assigns.

-------
                                  STATE OF
                                 CALIFORNIA
                                         STATE OF ILLINOIS
      STATE OF IOWA
        (Proposed)
 STATE OF
MINNESOTA
RECYCLE


REFUSE
25121.   "Recycle" means to pro-
cess, alter,  or otherwise treat
a h.w.  for subsequent use.
SANITARY LANDFILL
SOLID WASTE
                                   (k) "Refuse" is any garbage or other;
                                   discarded materials, with  the
                                   exception of radioactive materials
                                   discarded in accordance with the
                                   provisions of 'An Act to authorize
                                   the Director of Public Health to
                                   purchase, lease, accept or acquire
                                   suitable sites for the concen-
                                   tration and storage of radioactive
                                   wastes, to provide for supervi-
                                   sion of the operation of such
                                   sites and to authorize the Depart-
                                   ment of Public Health to prepare
                                   and to enforce regulations pertain-
                                   ing to the use and operation of
                                   such sites', approved August 16,
                                   1963, as now or hereafter  amended,
                                   and as authorized by regulations
                                   promulgated pursuant to the  'Radia-
                                   tion Protection Act', approved
                                   July 17, 1959, as now or hereafter
                                   amended".
                                    (1)  "Sanitary  landfill"means  the
                                    disposal of refuse on  land with-
                                    out creating nuisances or hazards
                                    to public  health or  safety, by
                                    confining  the  refuse to  the
                                    smallest  practical volume
                                    and covering it with a layer
                                    of earth  at the conclusion
                                    of each day's  operation, or
                                    by such other methods  and
                                    intervals  as the Board may
                                    provide by regulation.
Section 17.  Section  four hun-
dred fifty-five B point seventy-
five (455B.75), subsection four
(4), Code 1973, is amended to
read as follows:

4.  "Solid waste" means garbage,
refuse, rubbish, and  other
similar discarded solid or
semisolid materials,  including
but not limited to such mat-
erials resulting from indust-
rial, commercial, agricultural,
and domestic activities,
except for wastes containing
radioactive materials  as def-
ined in section 455B.85 and
hazardous substances  and .haz-
ardous wastes as defined in
section two (2) of this Act.
Solid waste may include veh-
icles, as defined by  section
321.1, subsection 1.   Nothing
herein shall be construed as
prohibiting the use of dirt,
stone, brick, or similar mat-
erial  for fill, landscaping,
excavation or grading  at
places other than a sanitary
disposal project.

-------
                                 STATE  OF
                                CALIFORNIA
                                       STATE OF ILLINOIS
STATE OF IOWA
   (Proposed]
 STATE  OF
MINNESOTA
 STRONG SENSITIZER
TOXIC
 WASTE
 28750.  "Strong sensitizer"
 means a substance which will
 cause on normal living tissue
 through an allergie  or photo-
 dynamic process a hyper-
 sensitivity which becomes
 evident on reapplication of
 the  same substance and which
 is designated as such by
 the  department.  Before
 designating any substance as
 a  strong sensitizer, the depart-
 ment, upon consideration of
 the  frequency of occurrence
 and  severity of the  reaction,
 shall find that the  substance
 has  a significant potential
 for  causing hypersensitivity.

  28745.  The term "toxic"
  shall apply to any substance,
  other than a radioactive
  substance, which has the
"  capacity  to produce personal
  injury or illness to man
  through ingestion,  inhalation,
  or  absorption through any
  body surface.

 25122.   "Waste" means  any
 material for which no  use or
 reuse is intended and  which is
 to be discarded.
                                                                                             2.   "Toxic" neans causing or
                                                                                             producing visible physiologi-
                                                                                             cal,  anatomic, or biochemical
                                                                                             change  in a biological  system.

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                                       STATE OF
                                     CALIFORNIA
                                         STATE  OF ILLINOIS
(POWERS &  DUTIES of the
 DEPT]
Article 7.  Other Provisions

25170.  The department in per-
forming its duties under this
chapter shall:

   (a)  Establish procedures for
evaluation and coordination of
research and development regard-
ing methods of h.w. handling
and disposal and may conduct
appropriate studies relating to
h.w.
   (b)  Maintain a technical
reference center on h.w. dis-
posal, recycling practices, and
related information for public
and private use.
   (c)  Render technical assis-
tance to state and local agencies
in the planning and operation
of h.w. programs.
  (d)   Provide  for  appropriate
surveillance of  h.w.  processing
and disposal practices  in  the
state.

Article 5.   Standards

25150.   the department  shall
adopt,  and may revise when  ap-
propriate,  minimum  standards
and regulations  for the handl-
ing,  processing,  and disposal
of hazardous and extremely
h.w.  to protect against hazards
to the public  health,  to do-
mestic livestock,  and to
wildlife.   Before adoption  of
such standards and  regulations
the department shall  consult
with all  agencies of interested
local  governments and secure
technical  assistance from the
Department of  Agriculture,  the
Department of  the California
Hinhway Patrol,  the Department
of Fish and Game, the Depart-
ment of Industrial  Relations,
Division of Industrial  Safety,
the State Air  Resources Board,
the State Water Resources Con-
trol Board and the State Fire
Marshal.

25151.  The department may
adopt varying standards for
different areas of the state
depending on population density,
climate geology and other fac-
tors relevant to h.w. process-
ing and disposal.
 Title I,  Section 4
 A.   ...   The  Director,  in
 accord with the Personnel Code,
 shall  employ and direct such
 personnel,  and  shall provide
 for such  laboratory and other
 facilities, as  may be necessary
 to  carry  out the purposes of
 this  Act.   In addition, the
 Director  may by agreement
 secure such services as he may
 deem necessary  from any other
 Department, agency, or unit of
 the State Government, and may
 employ and  compensate such
 consultants and technical
 assistants  as may be required.
 B.   The Agency  shall have the
 duty  to collect and disseminate
 such  information, acquire such
 technical data, and conduct
 such  experiments as may be
 required  to carry out the pur-
 poses  of  this Act, including
 ascertainment of the quantity
 and nature  of discharges from
 any contaminant source and data
 on  those  sources, and to
 operate and arrange for the
 operation of devices for the
 monitoring  of environmental
 qual ity.
C.  The Agency shall  have  author-
ity to conduct a program of
continuing surveillance and of
regular or periodic  inspection
of actual  or potential contamin-
ant or noise sources, of public
water supplies and of refuse
disposal sites.
 E.  The Agency  shall have the
 duty  to investigate violations
 of  this Act or  of regulations
 adopted thereunder, or of permits
 or  terms  or conditions thereof,
 to  prepare  and  present enforce-
 ment  cases  before the Board,  and
 to  take such  summary enforce-
 ment action  as  is provided for
 by  Section  34 of this Act.
 F.  The Agency  shall appear
 before  the  Board in any hearing
 upon a  petition for variance,
 the denial  of a permit,  or the
 validity  or  effect of a  rule  or
 regulation  of the Board,  and
 shall  have  the  authority to
 appear  before the Board  in any
 hearing under the Act.
 G.  The Agency  shall have the
 duty to administer,  in  accord
with Title X  of this Act,  such
                                         STATE OF IOWA
                                            (Proposed)
Section 3.  Administrative
Agency.

The department shall be the
agency of the state to prevent,
abate, or control the improper
disposal of hazardous waste.

Section 4.  Powers and Duties
of Commission

1.  Shall establish by rule
the substances or classes of
substances which shall be sub-
ject to the requirements of
this Act.  In making these
determinations, the commission
shall consider such factors as
the toxicity and quantity of
the substances to be regulated
their persistence and their
potential for biological
magnification.
2.  Shall establish such
rules relating to the storage,
handling, and disposal of h.
w. as are necessary to protect
the public and the environ-
ment from unnecessary exposure
to such wastes.
3.  Shall develop by July 31,
1977, a comprehensive plan
for the proper disposal  of
h. w. within the state.
6.  Shall establish rules
relating to the standards and
procedures for the safe oper-
ation and maintenance of h.
w. disposal facilities.
7.  Shall encourage the  ex-
change, recycling, refining,
and re-use of h.  substances
and h. wastes through cooper-
ation with individuals,  organ-
izations, or governmental
agencies as necessary to est-
ablish a clearing house  for
h. substances'and wastes.

Section 5.  Powers and Duties
of the Executive  Director.

1.  May maintain  an inventory
of h. w. within the state in-
cluding such information as
the location, identity,
quantity, method  of storage,
rate of accumulation, current
disposal practices, and  any
other information which  the
coirmission may deem necessary
to accomplish the purposes  of
this Act.
                                             STATE OF
                                            MINNESOTA
Section 6.  Minnesota Statutes-
1971, Chapter 116, is amended
by adding a section to read:

[116.101]  [Hazardous Waste
Control and Spill Contingency
Plan.]  The pollution control
agency shall study and inves-
tigate the problems of hazard-
ous waste control and shall
develop a statewide hazardous
waste management plan detail-
ing the location of hazardous
waste disposal facilities and
storage sites throughout the
state and the needs relative
to the interstate transportation
of hazardous waste.  Elements
of the statewide hazardous
spill contingency plan which
relate to hazardous wastes,
shall be incorporated into the
statewide hazardous waste
management plan.  The pollu-
tion control agency shall
develop an informational
reporting system of hazardous
waste quantities generated
and disposed of in the state.

Section 3.  Minnesota Statutes
1971, Section 116.07, Subdiv-
ision 4, is amended to read:

Subdivision 4.  [Regulations
and Standards.] . . .
Pursuant to chapter 15, the
pollution control agency may
adopt, amend, and rescind reg-
ulations and standards having
the force of law relating to
any purpose within the provi-
sions of chapter 116 for the
identification, labeling,
classification, storage, col-
lection, -treatment, and dis-
posal  of hazardous waste and
location  of hazardous  waste
disposal  facilities.   A reg-
ulation or standard may be
of general  application
throughout the state  or may be
limited as to  time,  places
circumstances,  or conditions.

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                                        STATE OF
                                      CALIFORNIA
                                         STATE  OF  ILLINOIS
                                         STATE  OF IOWA
                                            (Proposed]
                                             STATE OF
                                            MINNESOTA
(POWERS &  DUTIES of the
 DEPT)
25152.  Before adopting or re-
vising minimum standards and
regulations for the handling,
processing, and disposal of
hazardous and extremely h.w.,
the department shall  hold at
least one public hearing in
Sacramento, or in a city within
the area of the state to be
affected by the proposed reg-
ulations.  The department
shall adopt the proposed reg-
ulations after making changes
or additions that are approp-
riate in view of the evidence
and testimony presented at
the public hearing or hearings.

25140.  The department shall
prepare, adopt and may revise
when appropriate, a listing of
the wastes which are determined
to be hazardous, and a listing
of the wastes which are deter-
mined to be extremely hazardous.
When identifying such wastes
the department shall  consider,
but not be limited to, the
immediate or persistent toxic
effects to man and wildlife and
the resistance to natural  deg-
radation or detoxification of
the wastes.
 permit and  certification systems
 as  may be established by this
 Act or by regulations adopted
 thereunder.
 H.   The Agency  shall have
 authority to  require the submis-
 sion of complete  plans and spec-
 ifications  from any applicant
 for a permit  required by this
 Act or by regulations there-
 under, and  to require th6 sub-
 mission of  such reports regard-
 ing actual  or potential viola-
 tions of the  Act  or of regula-
 tionsthereunder,  or of permits
 or terms or conditions thereof,
 as may be necessary for purposes
 of this Act.
 I.   The Agency  may  prescribe
 reasonable  fees for permits
 required pursuant to this Act.
 J.   The Agency  shall have
 authority to  make reconmendations
 to the Board  for  the adoption
 of regulations  under Title VII
 of the Act.
 K.   The Agency  shall have the
 duty to represent the State of
 Illinois in any and all matters
 pertaining  to plans, procedures,
 or negociations for interstate
 compacts or other governmental
 arrangements  rel.Hing to envi-
 ronmental protection.
 L.   The Agency  shall have the
 authority to  accept, receive,
 and administer  on behalf of
 the State -ny grants, gifts,
 loans, or other funds made
 available to  .he  State fron
 any source  for  tho  purposes
 of this Act ...
 The Agency  is ei; the rued to
 promulgate  such regulations and
 enter into  such contracts as  it
 may deem necessary  for carry-
 ing out the provisions of this
 subsection.

(Ch. Ill 1/2,  par! 1022)

Section 22.  In  accord with Title
VII  of this  Act, the Board may
adopt regulations  to promote the
purposes of  this Title.  Without
limiting the generality of this
authority, such  regulations may
among other  things prescribe the
following:
(a) Standards  for  the location,
design, construction, sanita-
tion, operation, maintenance.
 2.   Shall  collect and dissem-
 inate  such  information, publish
 such guidelines or reports,
 and  conduct such educational
 and  training programs as may
 be necessary to accomplish
 the  purposes-of this Act.
 The  informational and educa-
 tional  programs may be under-
 taken  by the department or in
 cooperation with other public
 or private  agencies as defined
 in chapter  twenty-eight E
 (28E)  of the Code.
 3.   Shall approve or disapprove
 of plans and specifications
 and  issue,  revoke, suspend,
 modify or deny permits for the
 operation,  construction, ad-
 dition to,  or modification of
 any  h.  w. disposal site in
 accordance  with the rules
 adopted by  the commission.
 All  applications for permits
 shall  be subject to public
 notice  and  opportunity for
 public  participation includ-
 ing  public  hearings as the
 commission  may by rule require.
 The  executive director shall
 promptly notify the applicant
 in writing  of his action and
 if the  permit is denied state
 the  reasons  therefor.   The
 applicant may appeal  to the
 commission  from the denial
of a permit or from any
condition in any permit by
filing notice of appeal  with
the executive director within
thirty days of the notice  of
denial  or issuance of  the  per-
mit.   The executive director
shall schedule a hearing
within thirty days  of  the
filing of the notice of
appeal, and shall  notify the
applicant of the time  and
place of the hearing.
4.  Shall  inspect,  periodic-
ally all h.  w.  disposal  fac-
ilities and, where  appropriate,
direct the method  of operation
of the same.
Section 2.  Minnesota Statutes,
1973 Supplement, Section 116.07,
Subdivision 2, is amended to
read:

Subdivision 2. [Adoption of
Standards.]
     The pollution control
aqency shall adopt standards
for the identification of
h. w. and for the labeling,
classification, storaqe,
collection, transportation and
disnosal of h. w., recog-
nizing that due to variable
factors, no sinnle standard
of h. w. control is applic-
able to all areas of the
state.  In adopting stan-
dards, the pollution control
anency shall recoonize that
elements of control which may
be reasonable and nroper in
densely populated areas of
the state may be unreason-
able and imnroper in snarsely
populated or remote areas of
the state.  The aqency shall
consider existinq physical
conditions, topography,
soils, and aeoioqy, climate,
transportation and land use.
Standards of h. w. control
shall be premised on techni-
cal knowledge, and commonly ac-
cepted  practices.  No local
government unit shall set stan-
dards of h. w. control which
are in conflict or inconsis-
tent with  those set by the
pollution control aqency.

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                                        STATE OF
                                       CALIFORNIA
      STATE OF ILLINOIS
 STATE OF
MINNESOTA
[POWERS &  DUTIES of the
 DEPT)
and discontinuance of the
operation of refuse collection
and disposal sites and facilities;

(b) Standards for the certifica-
tion of personnel to operate
refuse disposal facilities
or sites;

(c) Standard's for the dumping
of any refuse, and standards
for handling, storing, process-
ing, transporting and disposal
of any hazardous refuse.  For
the purposes of this Section
 'hazardous  refuse1 shall mean
refuse with inherent properties
which make  such refuse difficult
or dangerous to nanage by
normal means including but not
limited to  chemicals, explosives,
pathalogical wastes, and wastes
likely to cause fire.

 (d) Requirements and standards
for equipment and procedures
for monitoring contaminant
discharges  at their source,
 the collection of samples and
 the collection, reporting
and retention of data result-
 ing from such monitoring.

 (e) Alert and abatement  standards
 relative to land pollution
emergencies constituting an
acute danger to health or to
 the environment.

Title  7:  Regulations
Section  26
The Board may adopt  such
procedural  rules  ...

Section  27
The Board may adopt  substantive
regulations  as  described  in
Sections  10, 13,  17,  22  and  25
of this  Act. Any  such regula-
tions  may make  different  pro-
visions  as  required  by cir-
cumstances  for different  con-
taminant  sources  and  for  dif-
ferent geographical  areas; may
apply  to  sources  outside  this
State  causing,  contributing
to,  or threatening environ-
mental damage in  Illinois;
and may make special  provision
for alert and abatement stan-
dards  and procedures  respect-
ing occurrences or emergencies
of pollution or on other
                                                                                                    short-term conditions  consti-
                                                                                                    tuting an acute  danger to
                                                                                                    health or to the environment.
                                                                                                    In promulgating  regulations
                                                                                                    under this Act,  the Board
                                                                                                    shall  take into  account the
                                                                                                    existing physical  conditions,
                                                                                                    the character of the area  in-
                                                                                                    volved, including  the  char-
                                                                                                    acter of surrounding land
                                                                                                    uses,  zoning classifications,
                                                                                                    the nature of the  existing
                                                                                                    air quality, or  receiving
                                                                                                    body of water, as  the  case may
                                                                                                    be, and the technical  feasi-
                                                                                                    bility and economic reason-
                                                                                                    ableness of measuring  or
                                                                                                    reducing the particular type
                                                                                                    of pollution.  The generality
                                                                                                    of this grant of authority
                                                                                                    shall  only be  limited  by the
                                                                                                    specifications of  particular
                                                                                                    classes of regulations  else-
                                                                                                    where  in this Act.
                                                                                                    No charge shall  be established
                                                                                                    or assessed by the Board or
                                                                                                    Agency against any person for
                                                                                                    emission of air  contaminants
                                                                                                    from any source, for discharge
                                                                                                    of water contaminants  from any
                                                                                                    source, for the  sale, offer
                                                                                                    or use of  any article,  or for
                                                                                                    disposal  of any  refuse.
                                                                                                    Section 28 ...

                                                                                                    Section 29  ...

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                                       STATE OF
                                     CALIFORNIA
                                        STATE .OF ILLINOIS
                                         STATE OF IOWA
                                            (Proposed)
                                            .STATE  OF
                                            MINNESOTA
(PERMITS)
25154.   After the effective
date of the regulations  adopt-
ed by the department  pursuant
to this article,  it shall'be
unlawful  for any  person  to
dispose of any hazardous or
extremely h.w. except as pro-
vided for in such regulations.

25155.   After January 1, 1974,
no extremely hazardous waste
as listed by the  department
pursuant to Section 25140,
may be disposed of without
prior processing  to remove its
harmful properties or as
specified by the  regulations
of the department for the
handling and disposal of the
particular extremely  h.w.
Title 10:   Permits
Section 39
A.   When the Board  has  by
regulation required a permit
for the construction, instal-
lation, or operation of any
type of facility, equipment,
vehicle, vessel, or aircraft,
the applicant shall apply  to
the Agency for such permit and
it shall be the duty of the
Agency to issue such a  permit
upon proof by the applicant
that the facility,  equipment,
vehicle, vessel, or aircraft
will not cause a violation of
this Act or- of regulations
hereunder.  The Agency  shall
adopt such procedures as are
necessary to carry  out  its
duties under this Section.  In
granting permits the Agency
may impose such conditions as
may be necessary to accomplish
the purposes of this Act,  and
as are not inconsistent with
the regulations promulgated by
the Board hereunder. Permits
with respect to sanitary land
fills are further subject  to the
notice requirements of  Section
22 of this Act. A  bond or
other security shall not be
required as a condition for
the issuance of a permit.   If
the Agency denies any permit
under this Section, the Agency
shall transmit to the applicant
within the time limitations of
this Section specific,  detailed
statements as to the reasons
the permit application  was
denied.  Such statements shall
include, but not be limited
to the following:
1.  the sections of this Act
which may be violated if the
permit were granted;
2.  the provision of the reg-
ulations promulgated under this
Act, which may be violated if
the permit were granted;
3.  the specific type of infor-
mation, if any, which the  Agency
deems the applicant did not
provide the Agency  and;
4.  a statement of  specific
reasons why the Act and the
regulations might  not be met
if the permit were  granted.
If there is no final action by
the Agency within 90 days  after
Section 6.  Permit Required.

1.  a.  It shall be unlawful
to construct or operate any
new h. w. disposal facility or
any addition or modification
to any existing facility after
the effective dateof this Act
without first securing a writ-
ten permit from the executive
director.
    b.  It shall be unlawful
to operate a h. w. disposal
facility after July 1, 1978
without a permit from the
executive director.
2.  Plans and specifications
for any h. w. disposal facil-
ity covered by this section
shall be submitted to the
department before a written
permit may be issued, and
the construction of any such
disposal facility shall be in
accordance with plans and
specifications approved by
the department.  If it is
necessary or desireable to
make changes in such plans
and specifications revised
plans and specifications toge-
ther with reasons for proposed
changes must be submitted to
the department for a supple-
mental written permit.  All
plans and specifications and
revisions therto shall be
prepared by a registered
professional  engineer in
accordance with Chapter 114
of the Code.
 Section 4.   Minnesota  Statutes
 1971,  Section  116.07,  Subdiv-
 ision  4a,  is aminded to  read:

 Subdivision  4a.   [Permits.|

     The pollution  control
 agency may  issue, continue
 in  effect or deny permits,
 under  such conditions  as  it
 may prescribe  for the  treat-
 ment or disposal or both of
 hazardous waste, or for  the
 installation or operation
 of  any system  or facility or
 any part thereof.

 Section  8.   Minnesota  Statutes
 1971,  Chapter  400, is  amended
 by  adding a  section to read:

 [400.161]  [Hazardous  Haste
 Regulations.]  The county may
 by  ordinance establish and
 from time to time revise
 rules,  regulations, and stan-
 dards  for h. w. management
 relating to  (a) identification
 of  h. w., (b)  the labeling and
 classification of h. w., (c)
 the handling,  collection,
 transportation and storage of
 h.  w.,  (d) the ultimate disposal
 site of  the  h.  w., and (e) such
 other matters as may be deter-
 mined necessary for the public
 health, welfare and safety.
 The  county may issue permits
 or  licenses  for h.  w.  gener-
 ation and may require the
 generators be registered with
 a county office.   The ordinance'
may require appropriate proce-
 dures for the payment by the
 generator of any costs  incurred
 by  the county  in completing
 such procedures.   If the gener-
 ator fails to complete such
 procedures,  the county may
 recover  the  costs of completion
 in  a civil  action in any court
 of  competent jurisdiction or,
 in  the discretion of the
 board,  the costs may be certi-
 fied to  the  county auditor as
 a special tax against  the land
 as  other taxes are collected.
 The ordinance may be enforced
 by  injunction,-action  to compel
 performance, or other action
 in  district  court.  Any ordin-
 ance under this section shall

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                                      STATE OF
                                     CALIFORNIA
     STATE  OF -ILLINOIS
STATE OF  IOWA
   (Proposed)
 STATE  OF
MINNESOTA
[PERMITS]
the filing of the  application
for permit, the  applicant may
deem the permit  issued.

Section 40
If the Agency refuses to grant
a permit under Section 39 of this
Act, the applicant may petition
for a hearing before the Board
to contest the decision of the
Agency.  The Board shall give
21 days notice to  any person
in the county where is located
the facility in  issue who has
requested notice of enforcement
proceedings and  to each member
of the General .Assembly in whose
legislative district the instal-
lation or property is located;
and shall publish  that 21 days
notice in the newspaper of
general circulation in the
county.  The Agency shall
appear as respondent in such
hearing.  At such  hearing the
rules prescribed in Sections
32 and 33(a) of  this Act shall
apply, and the burden of proof
shall be on the  petitioner.  If
there is no final  action by the
Board within 90days, petitioner
may deem the permit issued
under this Act,  provided, how-
ever that that period of 90
days shall not run during any
period of time,  not to exceed 30
days during which  the Board is
without sufficient membership
to constitute the  quorum requir-
ed by subsection (a) of Section
5 of this 'Act, and provided
further that such  90 day period
shall not be stayed for lack
of a quorum beyond 30 days re-
gardless of whether the lack of
quorumexists at  the beginning
of such 90 day period or occurs
during the running of such 90
day period.
                               embody standards and require-
                               ments established by rule of
                               the agency.  Issuinq, denying,
                               modifying, imposing conditions
                               upon, or revoking permits pur-
                               suant to the provisions  of this
                               section or regulations promul-
                               gated hereunder shall be,
                               subject to review, denial, sus-
                               pension, and reversal by the
                               pollution control agency.  The
                               pollution control agency
                               shall after written notifica-
                               tion have 15 days to review,
                               suspend, modify, or reverse
                               the action of the county.
                               After 15 days, the action of
                               the county board shall be
                               final subject to appeal  to
                               the district court as pro-
                               vided in Minnesota Statutes,
                               Section 115.05.

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(HAZARDOUS WASTE TREAT
 MENT/DISPOSAL  SITES)
                                       STATE  OF
                                      CALIFORNIA
25174.   Beginning  January  1,
1974, each operator  of  any
site at which h.w. are  disposed
shall pay a fee to the  director
for each list or other  docu-
ment which such operator re-
ceives pursuant to Article 6
(commencing with Section 25160).
The director shall establish  a
schedule of the fees to be paid
to the director by such opera-
tor for each disposal of h.w.
listed in such a list or docu-
ment, which shall  provide
revenues which shall not
exceed the amount  necessary,
but shall be sufficient,  to
cover all costs incurred  in
the administration of this
chapter.  Such fees  shall  be
deposited each month in the
Hazardous Haste Control Account
in the General Fund.
                                         STATE OF ILLINOIS
                                         STATE OF  IOWA
                                            (Proposed)
                                            STATE  OF
                                           MINNESOTA
Title 9:   Variances
Section 35 ...

Section 36
A.  In granting  a  variance
the Board may impose  such con-
ditions as the policies  of  this
Act may require.   If  the hand-
ship complained  of consists
solely of the need for a rea-
sonable delay in which to
correct a violation of this
Act or of the Board regulations,
the Board shall  condition the
grant of such variance upon
the posting of sufficient per-
formance bond or other security
to assure the completion of
the work covered by the  var-
iance.  The Board  shall  have
no authority to delegate to
the Agency its powers to
require such performance bond.
The original amount of such
performance bond shall not
exceed the reasonable cost  of
the work to be completed pur-
suant  to the variance.   The
obligation under such bond
shall  at no time exceed  the
reasonable cost of work  re-
maining pursuant to the
variance.  .  .

Section 37 ...

Section 38 ...
                                                                  (Ch.  Ill  1/2,  par.  102i)

                                                                  Section 21.  No person shall:

                                                                  (e) Conduct any refuse-collection
                                                                  or  refuse-disposal operations,
                                                                  except for refuse generated by
                                                                  the operator's own activities,
                                                                  without a permit granted  bv the
                                                                  Agency upon such conditions,
                                                                  including periodic reports and
                                                                  full access to adequate records
                                                                  and the inspection of facilities,
                                                                  as may be necessary to assure
                                                                  compliance with this Act  and
                                                                  with regulations  adopted  there-
                                                                  under, after  the  Board has  adopted
                                                                  standards  for  the  location,
                                                                  design,  operation,  and maintenance
                                                                 of such  facilities.   The  above
                                                                 exception  shall not  apply to
                                                                 any hazardous refuse,  except  that
                                                                 the exception shall  apply to  any
                                                                 person engaged  in agricultural
4.  Shall, by rule,  specify
the conditions under which the
executive director shall  issue
revoke, suspend,  modify  or
deny permits for  the instal-
lation or operation of a h.
w. disposal  facility or  any
part of such facility.
5.  Shall, by rule,  require
that any person who receives
a permit issued by the exec-
utive director for the estab-
lishment or operation of a
h. w. disposal facility  shall
provide a sufficient surety
bond or other financial  com-
mitment to insure proper
maintenance, closure, and
monitoring of the h. w.  dis-
posal facility.
                                                                                                            STATE OF ILLINOIS

                                                                                                               CONTINUED
                                                                      activity who is  disposing of a
                                                                      substance which  would  normally
                                                                      be classified as hazardous if the
                                                                      substance was acquired for use
                                                                      by that person on his  own property.
                                                                      For the purposes of  this Section
                                                                      'hazardous refuse' shall mean
                                                                      refuse with inherent properties
                                                                      which make such  refuse difficult
                                                                      or dangerous to  manage by normal
                                                                      means including  but  not limited
                                                                      to chemicals, explosives,, pathologi
                                                                      cal wastes, and  wastes likely to
                                                                      cause fire."

                                                                      (f) Dispose of any refuse, or
                                                                      transport any refuse into this
                                                                      State for disposal,  except at a
                                                                      site or facility which meets the
                                                                      requirements of  this Act and
                                                                      of regulations thereunder.
     Section 13.  Minnesota
Statutes 1971, Section 473D.07,
is amended by adding a subdiv-
sion to read:

     Subd. 4a.  No permit nay
be issued for the operation of
a h.w. treatment or disposal
site, system or facility in the
metropolitan area which does
not comply with the metropoli-
tan council's comprehensive
plan.  A copy of each permit
application and any supportinq
information furnished by the
applicant shall be sent to the
metropolitan council  within 15
days after receiot of the ap-
plication and all  other infor-
mation requested from the ap-
plicant.   Within 45 days after
the application and supporting
information are received by the
council,  it shall  issue to the
anency in writinq its deter-
mination  whether the  permit
complies  with its comprehensive
plan.   If the council does not
issue its determination to the
anency within the 45  day period,
the oermit shall  be deemed to
be in accordance with the
council's comprehensive plan.  •

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                                       STATE OF
                                     CALIFORNIA
                                        STATE OF ILLINOIS
STATE OF IOWA
   (Proposed)
 STATE  OF
MINNESOTA
(TRANSPORTATION of
 HAZARDOUS WASTES)
Article 6.   Transportation

25160.   After January 1, 1974,
the person  producing a h.w.
listed by the department pur-
suant to Section  25140 shall
provide the driver of any
truck,  a crew member of any
train,  or the captain of any
vessel  carryinq  such h.w.
with a list setting forth the
h.w. carried, the amount of
such waste, the  general chemi-
cal and mineral  composition of
such waste  listed by probable
maximum and minimum percentages,
and the origin and destination
of any such^waste carried.
Such list,  "when  appropriate,
may include information on
antidotes,  first aid, or
safety measures  to be taken in
case of accidental contact with
the particular h.w. being
carried. The person carrying,
or handling the  h.w. shall have
the list in his  oossession
while carrying,  or handling the
h.w. and shall release the list
to a person responsible for
disposal of the  h.w. at the
time of delivery. Such list
shall be shown upon demand to
any department official, of-
ficer  of the California High-
way Patrol, or any local public
officer as  designated by the
director.

25161.  The department shall
adopt and enforce all rules and
regulations, including the form
and content of the list,
necessary and appropriate to
accomplish  the purposes of
Section 25160.

25162.  Documents required by
other agencies of the state or
the federal government which
describe the character and
amount of h.w. being carried
shall satisfy the requirement
of Section  25160.
                                           The public
                               service commission, in coop-
                               eration with the pollution
                               control agency, shall  set
                               standards for the transpor-
                               tation of h. w. in accord-
                               ance with Minnesota Stat-
                               utes, Chapter 221.

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                                      STATE OF
                                     CALIFORNIA
     STATE OF ILLINOIS
     STATE OF IOWA
        (Proposed)
 STATE  OF
MINNESOTA
[IMMINENT HAZARD]
Section 34
A.  Upon a finding  that episode
or emergency  conditions speci-
fied in Board regulations exist,
the Agency shall declare such
alerts or emergencies as
provided by those regulations.
While such an alert or emer-
gency is in effect, the Agency
may seal any  equipment, vehicle,
vessel, aircraft, or other
facility operated in viola-
tion of such  regulations.
B.  In other cases  in which
the agency finds that an
emergency condition exists
creating an immediate danger
to health, the Agency may
seal any equipment, vehicle,
vessel, aircraft, or other
facility contributing to the
emergency condition.
C.  It shall  be a Class A
misdemeanor to break any
seal affixed under  this sec-
tion, or to operate any sealed
equipment, vehicle, vessel,
aircraft, or other  facility
until the seal is removed ac-
cording to law.
D.  The owner or operator of
any equipment, vehicle, vessel,
aircraft or other facility
sealed pursuant to  this sec-
tion is entitled to a hearing
in accord with Section 32 of
this Act to determine whether
the seal should be  removed;
except thatin such  hearing at
least one Board member shall
be present, and those Board
members present.may render a
final decision without regard
to the requirements of para-
graph (a) of Section 5 of
this Act.  The petitioner
may also seek immediate in-
junctive relief.
Section 9.   Emergency Orders.

The commission  or the exec-
utive director  when  it has
first been  determined that an
emergency exists  respecting
any matter  affecting or likely
to affect the public health,
welfare or  safety or to endan-
ger the environment, may make
an order without  notice and
without hearing.   A  copy of
such order  shall  be  delivered
by personal  service  or by cer-
tified mail  return receipt
requested.   Any such order
issued by the commission or the
executive director shall be
binding and  effective immedi-
ately until  such  order is
revised after a hearing before
the commission  or the execu-
tive director or  is  modified
or reverse'by the court.

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(ENFORCEMENT)
                                       STATE OF
                                     CALIFORNIA
                             Article 8.  Enforcement

                             25180.  The minimum standards
                             and regulations adopted by
                             the department pursuant to
                             Section 25150 shall be enforced
                             by the department or any local
                             health officer or any local
                             public officer as designated
                             by the director.

                             25181.  Whenever, in the judg-
                             ment of the department, any
                             person has engaged in or is
                             about to engage in any acts
                             or practices which constitute
                             or will constitute a violation
                             of any provision of this chap-
                             ter or any rule, regulation,
                             or order issued thereunder,
                             and at the request of the de-
                             partment, the district attorney
                             of the county in which such
                             acts or practices occur or
                             will occur or the Attorney
                             General may make application
                             to the superior court for an
                             order enjoining such acts or
                             practices, or for an order dir-
                             ecting compliance, and upon a
                             showing by the department that
                             such person has engaged in or
                             is about to engage in any such
                             acts or practices, a permanent
                             or temnorary injunction, re-
                             straining order, or other
                             order may be granted.

                             25182.  Every civil action
                             brounht under the provisions
                             of this chapter at the request
                             of the department shall be
                             brought by the district attor-
                             ney or Attorney General in the
                             name of the people of the State
                             of California and any such
                             actions relating to the sarae
                             processing or disposal of h.w.
                             may te joined or consolidated.

                             25183.  Any civil action brought
                             to this chapter shall be brought
                             in the county in which the pro-
                             cessing or disposal of h.w.  is
                             made or proposed to be made.
      STATE OF ILLINOIS
      STATE OF  IOWA
         (Proposed)
        STATE  OF
       MINNESOTA
Title 8:  Enforcement
Section 30
The Agency shall  cause  inves-
tigations to be made upon  the
request of the Board or upon
receipt of information  concern-
ing an alleged violation of this
Act or of any rule or regulation
promulgated thereunder, or of
any permit granted by the
Agency or any term or condition
of any such permit, and may
cause to be made such other
investigations as it shall
deem advisable.

Section 31 ...

Section 32 ...

Section 33 ...

Title 11:  Judicial Review
Section 41
Any party to a Board hearing,
any person who filed a  com-
plaint on which a hearing
was denied, any person  who has
been denied a variance  or  permit
under this Act, and any party
adversely affected by a final
order or determination  of  the
Board may obtain judicial
review, by filing a petition
for review within thirty-five
days after entry of the order
or other final action complained
of, pursuant to the provisions
of the "Administration  Review
Act," approved May 8, 1945, as
amended and the rules adopted
pursuant thereto, except that
review shall  be afforded direct-
ly in the Appellate Court  for
the District in which the  cause
of action arose and not in the
Curcuit Court.  Review  of  any
rule or regulation promulgated
by the Board shall  not  be  limit-
ed by this section but  may also
be had as provided in Section
29 of this Act.
No challenge to the validity of
a Board order shall  be  made in
any enforcement proceeding under
Title Xll of  this Act as to any
issue that could  have been
raised in a timely petition for
review under  this Section.
Section 7.  Investigations.

Any investigation conducted
by the department may include
engineering studies, bacter-
ial, biological and chemical
analyses of water., soil  or air
and a determination of the
location and source of the
problem.  Whenever there is
evidence that a violation of
the provisions of this part
or any rule adopted or permit
issued pursuant thereto  has
occurred, the executive  dir-
ector shall notify the alleged
violator and may, by informal
negiciation, attempt to  resolve
the problem.  If the problem
cannot be resolved, the  exec-
utive director shall issue
notice to the alleged viola-
tor of the time and place of
a public hearing.

Section 8.  Conduct of Hearings.
Any contested case hearing
before the commission or the
executive director shall  be
conducted in accordance with
the Iowa administrative proce-
dure Act.  After any contested
case hearing the commission
or the executive director may,
if it finds the alleged vio-
lator is guilty of the charges,
issue an order directing the
violator to take any remedial
action deemed necessary or
refer the matter to the attor-
ney general for appropriate
action or both.

Section  10.  Judicial Review.

Judicial review of any order
or other action of the commis-
sion or of the executive direc-
tor may  be sought in accordance
with the terms of the Iowa
administrative procedure Act.
Mot ithstanding the terms of
said Act, petitions for judic-
ial review may be filed in
the district court of the
county in which the alleged
offense- was committed or such
final order was entered. The
setting aside of any order of
the executive director or the
Section 5.  Minnesota Statutes
1971, Chapter 116, is amended
by adding a section to read:

[116.077]  ['Enforcement:
Penalty.]  It shall be the
duty of every person affected
to comply with the provisions
of chapter 116, relating  to
the storage,  collection,
transportation, treatment and
disposal of h. w.  or the  pro-
visions of every other regu-
lation or standard of the
pollution control  agency
relating thereto.   Violation
of this section shall be  a
misdemeanor.

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(ENFORCEMENT]
                                       STATE  OF
                                      CALIFORNIA
25184.   In any civil  action
brought pursuant to  this  chap-
ter in  which a temporary  re-
straining order, preliminary
injunction,  or permanent  in-
junction is sought,  it shall
not be  necessary to  allege or
prove at any stage of the pro-
ceeding that irreparable  damage
will  occur should the temporary
restraining order, preliminary
injunction,  or permanent  in-
junction not be issued; or that
the remedy at law is  inadequate,
and the temporary restraining
order,  preliminary injunction,
or permanent injunction shall
issue without such allegations
and without such proof.
                                  STATE OF ILLINOIS

                                     CONTINUED
                             action as may be necessary.
                             The court may issue an ex  parte
                             order, and shall schedule  a
                             hearing on the matter not  later
                             than 3 working days from the
                             date of injunction. . .

                             Section 44
                             A.  It shall be a Class A  mis-
                             demeanor to violate this Act or
                             regulations thereunder,  or any
                             permit or term or condition
                             thereof, or knowingly to sub-
                             mit any false information
                             under this Act or regulations
                             adopted thereunder, or under
                             any permit or term or condi-
                             tion thereof.   It shall  be the
                             duty of all  State and local
                             law-enforcement officers to
                             enforce such Act and regula-
                             tions, and all  such officers
                             shall  have authority to
                             issue citations for such vio-
                             lations.  . .
                             E.  A corporation shall  be
                             held responsible for any of-
                             fenses described in this
                             Section if . .  .

                             Section 45 ..  .
                                         STATE  OF  ILLINOIS
Title 12:  Penalties
Section 42
A.  Any person that violates
any provisions of this Act or
any regulations adopted by the
Board, or any permit or term
or condition thereof, or that
violates any determination or
order of the Board pursuant to
this Act. shall be liable to  a
civil penalty of not to exceed
$10,000 for said violation and
an additional civil  penalty of
not to exceed $1,000 for each
day during which violation
continues; . . .
B.  Any person that violates  this
Act, or an order or other deter-
mination of the Board under this
Act and causes the death of
fish or aquatic life shall, in
addition to the other penalties
provided by this Act, be liable
to pay to the State an addition-
al sum for the reasonable value
of the fish or aquatic life
destroyed.  Any money so re-
covered shall be placed in the
Game and Fish Fund in the State
Treasury;
C.  The penalties provided for
in this Section may be recover-
ed in a civil action.
D.  The State's Attorney of the
county in which the violation
occurred, or the Attorney Gen-
eral, may, at the request of
the Agency or on his own motion,
institute a civil action for
an injunction to restrain vio-
lations of this Act.
E.  The State's Attorney of the
county in which the violation
occurred, or the Attorney Gen-
eral, shall bring such actions
in the name of the people of
the State of Illinois.

Section 43
A.   In circumstances of substan-
tial danger to the environment
or to the public health of per-
sons where such danger is to
the livelihood of such persons,
the State's Attorney or Attorney
General, upon request of the
Agency or on his own motion,
may  institute a civil action  for
an iranediate injunction to halt
any discharge or other activity
causing or contributing to the
danger or to require such other
                                         STATE  OF IOWA
                                            (Proposed)
 commission  by  the court shall
 not  preclude the commission or
 the  executive  director from
 again  instituting proceedings
 against  the same person if the
 commission or  the executive
 director feels that the public
 health is endangered.

 Section  12.   Injunction.

 Any  person,  firm,corporation,
 municipality,  or  any  officer
 or agent thereof  violating
 any  provision  of  this part of
 this division  or  anv  rule pro-
 mulgated or any order or permit
 issued pursuant thereto may be
 enjoined from  continuing such
 action.
 The  attorney general  shall,
 upon the request  of the exec-
 utive director of commission,
 bring such  action for an in-
 junction,  including a temporary
 injunction.   In any such
 action,  any previous  findings
 of the executive director or
 the  commission after  due notice
 and  hearing shall be  conclusive
 of the fact or facts  found
 therin if  supported by substan-
 tial  evidence  in  the  record
 when the record is viewed as
 a  whole.

Section 13.  Civil  Penalty.

Any person who violates any
provision of this  Act or  rule
promulgated or the conditions
of any permit or order issued
pursuant thereto  shall be
subject to a civil  penalty not
to exceed five  hundred dollars
for each  day of such  violation.
The civil penalty  sha'll be an
alternative to  any criminal
penalty p'rovided under this
Act.
                                                                       Section 14.   Criminal Penalty.

                                                                       Any person who  knowingly make
                                                                       any false statement, represent-
                                                                       ation,  or certification in any
                                                                       application,  record, report,
                                                                       plan, or other  document filed
                                                                       or  required to  be maintained
                                                                       under this Act, or who falsi-
                                                                       fies, tampers with, or know-
                                                                       ingly renders inaccurate any
                                                                                                                                                STATE OF IOWA

                                                                                                                                                 CONTINUED
monitoring device or method
required to be maintained under
this Act, or any person who
knowingly fails to report any
hazardous condition or suspec-
ted hazardous condition result-
ing from any storage, handling,
transportation, or disposal of
hazardous substanced by him or
his agents, shall, upon convic-
tion, be punished by a fine of
not more than one thousand
dollars or by imprisonment in
the county jail for not more
than six months or by both
such fine and imprisonment.
                                                                                                           Section 15.   Duties  of Attorney
                                                                                                           General.

                                                                                                           The  attorney general  shall,  at
                                                                                                           the  request  of the department,
                                                                                                           institute any legal  proceedings
                                                                                                           necessary to enforce the  pen-
                                                                                                           alty provisions  of this Act.
                                                                                                           In any such  legal  proceedings
                                                                                                           any  previous findings of  the
                                                                                                           executive director or the com-
                                                                                                           mission after due  notice  and
                                                                                                           hearing shall  be conclusive
                                                                                                           of the fact  or facts  found
                                                                                                           therein if supported  by sub-
                                                                                                           stantial  evidence  in  the
                                                                                                           record whin  the  record is
                                                                                                           viewed as a  whole.
                                    Section  16.   Burden  of Proof.

                                    In all proceedings with respect
                                    to any alleged violation of the
                                    provisions of this Act or any
                                    rule established by  the depart-
                                    ment, the burden of  proof shall
                                    be upon  the department except
                                    in an action for contempt.

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                                       STATE OF
                                      CALIFORNIA
                                        STATE OF ILLINOIS
STATE OF  IOWA
   (Proposed]
 STATE  OF
MINNESOTA
(HAZARDOUS WASTE
 MANAGEMENT TECHNICAL
 ADVISORY BOARD]
Article 3.   Hazardous Waste
Technical Advisory Conmittee

25130.   The  department shall
establish a  h.w. technical  ad-
visory  committee to provide
consultation to the department
concerning matters covered by
the chapter.  The  committee
shall advise the department on
the development of standards,
rules,  and regulations for h.
w. management, and shall supply
recommendations concerning
methods by which existing h.w.
management practices and the
laws regulating them may be
supplemented and improved and
their administration financed.

25131.   The  committee shall con-
sist of seven members appointed
by the  director who shall be
knowledgeable in h.w. manage-
ment.   The members shall inso-
far as  possible represent the
interests of the public, local
and regional government, agri-
culture, manufacturing indus-
try, local health departments,
and the waste management indus-
try.

25132.   At least two members of
the committee shall represent
the interests of the public and
shall have no financial  inter-
est in any of the recommenda-
tions or studies of the  commit-
tee.  Such financial interest
shall include,  but not be limit-
ed to,  service  as a consultant
to any person specializing  in
waste disposal, as a tenant or
landlord of  property used for
waste disposal, or as an at-
torney of a  party with a direct
financial  interest in h.w.
disposal.

25133.   Members of the h.w.
technical  advisory committee
shall serve  without compensa-
tion, but shall be entitled  to
per diera and reimbursement  for
travel  expenses incurred as a
result of official conmittee
business.

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                                       STATE OF
                                      CALIFORNIA
                                         STATE OF ILLINOIS
                                         STATE OF IOWA
                                            (Proposed)
                                            STATE  OF
                                           MINNESOTA
[INSPECTIONS, RIGHT of
 ENTRY)
(RECORDS, REPORTS,
 MONITORING)
 25185.  The director of any
 duly authorized representative
 of the department may at any  .
 reasonable hour of the day,
 enter a factory, plant, con- '
 struction site, waste disposal
 site, establishment or any
 environment where h.w. are
 stored, handled, processed or
 disposed of, in order to carry
 out the purposes of this
 chapter.
25153.   Any person who  is pro-
ducing  a waste material which
he may  reasonably consider to
be an extremely h.w., and which
he does not intend to recycle
for reuse and  intends to dis-
pose of as waste, shall notify
the department of his intent
to dispose of  such waste mater-
ial.

25173.   The department  shall
establish procedures to insure
that trade secrets  used by  a
person regarding methods of h.
w.  handling and disposal are
utilized by the director,  the
department, or any  authorized
representative of the depart-
ment only in connection with
the responsibilities of the
department pursuant to  this
chapter and that such trade
secrets are not otherwise
disseminated by the director,
the department, or  any  author-
ized representative of  the
department without  the  consent
of  the person.  "Trade  sec-
rets" as used in this section,
may include, but are not
limited to any formula, plan,
pattern, process, tool, mech-
anism, compound, procedure,
production data, or compila-
tion of information which  is
not patented, which is  known
only to certain  individuals
within a commercial concern
who are using  it to fabricate.
produce, or compound an
article of trade or a service
having commercial value,  and
which gives its  user an op-
portunity  to obtain a busi-
ness advantage over competitors
who do not know or use it.
D.  The Agency shall  have-author-
ity to enter at all  reasonable
times upon any private or  public
property for the purpose of  in-
specting and investigating to
ascertain possible violations
of the Act or of regulations
thereunder, or of permits or
terms or conditions  thereof,
in accordance with constitution-
al limitations.
 Title I, Section 7
 A.  All files, records, and
 data of the Agency, Board,
 and the Institute shall be
 open to reasonable public
 inspection and may be copied
 upon payment of the actual
 cost of reproducing the orig-
 inal except for the following:
 1.  Information which consti-
 tutes a trade secret;
 2.  Information privileged
 against introduction in ju-
 dicial  proceedings;
 3.  Internal  communications
 of the several agencies;
 4.  Information concerning
 secret manufacturing processes
 or confidential data submitted
 by any person under this  Act.

 (q)  "Trade  secret" means the
 whole or any portion or phase
 of any scientific or  technical
 information, design, process
 including a manufacturing
 process, procedure,  formula
 or improvement, or business
 plan which  is  secret' in
 that it has not been published
 or disseminated or otherwise
 become a matter of general
 public knowledge, and which
 has  competitive value.  A
 trade secret is presumed to
 be secret when  the owner
 thereof takes  reasonable mea-
 sures to prevent it  from
 becoming available to persons
 other than  those selected
 by the owner to have access
 thereto for limited  purposes.
Section 11.  Confidentiality
of Information.

Upon a satisfactory showing  by
any person to the executive
director that public disclosure
of any record, report,  permit,
permit application or other
document or information or
part thereof would divulge
methods or process entitled
to protection as trade secrets
or other privileged communic-
ations, any such record, report,
permit, permit application or
other document or part thereof,
shall be accorded confidential
treatment except as may be nec-
essary in a proceeding concern-
ing a violation of this Act
or of any rules promulgated
thereunder, or as otherwise
authorized or ordered by appro-
priate court action or proceed-
ings.  No person in connection
with his duties or employment
by the department may make
public any information  accorded
confidential status except as
otherwise provided for  in this
section.

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                                       STATE OF
                                      CALIFORNIA
                                        STATE  OF ILLINOIS
                                                                                 STATE  OF
                                                                                MINNESOTA
(MISCELLANEOUS)
25171.   No provision of this
chapter shall  be construed  to
require disposal  of h.w.  at the
site of production, provided
that the transportation of  such
waste conforms to all  applic-
able regulations.

25172.   No provision of this
chapter shall  limit the author-
ity of any state or local
agency in the  enforcement or
administration of any provi-
sion of law which it is specif-
ically permitted or required  to
enforce and administer.
Title 13: Miscellaneous Provisions
Section 47
A.  The State of Illinois and
all its agencies, institutions,
officiers and subdivisions shall
comply with all  requirements,
prohibitions, and other provisions
of the Act and of regulations
adopted thereunder.
B.  Each state agency or insti-
tution shall  annually assess
the environmental problems
created by its operations and
the extent to which  its opera-
tions are in  violation of this
Act or of regulations adopted
thereunder,  and shall report
to the Environmental  Protection
Agency on or  before  December  1
of each year  as to the findings
of such assessment,  the progress
made in eliminating  such vio-
lations, and  the steps to be
taken in the  future  to assure
compliance.
C.  Each state aqency or insti-
tution shall  submit  to the
Environmental Protection Agency
complete plans,  specifications
and cost estimates for any
proposed installation or fac-
ility that nay cause  a violation
or facility  that may  cause a
violation of  this Act or of
regulations  adopted  thereunder
by December  1 of each year.

Section 48
A.  Whenever  the Board has
adopted regulations respecting
the equipment specifications,
use inspection,  or sale of
vehicles, vessels, or aircraft,
no department or agency shall
license any  such vehicles,
vessels, or aircraft  for oper-
ation in this State in the
absence of such  proof as the
Board may prescribe that the
equipment in  question satisfies
the Board's regulations.
                                                                                                           STATE OF MINNESOTA

                                                                                                               CONTINUED


                                                                                                     Prior to the adoption  by  the
                                                                                                     council  of its conorehensive
                                                                                                     plan,  no metropolitan  county
                                                                                                     or local government unit  shall
                                                                                                     acquire  any  solid waste dis-
                                                                                                     posal  site or  hazardous waste
                                                                                                     disposal  site,  or facility
                                                                                                     unless approved by  the council;
                                                                                                     and  after the  comprehensive
                                                                                                     plan  is  adopted no  metropolitan
                                                                                                     county,  local  novernment unit
                                                                                                     or person  shall acquire,
                                                                                                     innrove  or ooerate  any solid
                                                                                                    waste disposal site or hazard-
                                                                                                    ous waste disposal   site or fac-
                                                                                                     ility in  the metropolitan  area
                                                                                                    except in accordance with  the
                                                                                                    plan, provided that no solid
                                                                                                    waste disposal site or hazard-
                                                                                                    ous waste disposal  site or
                                                                                                    facility in use when the com-
                                                                                                    orehensive plan is  adopted shall
                                                                                                    be discontinued solely because
                                                                                                    it is not located  in an area
                                                                                                    designated in the plan  as  accep-
                                                                                                    table for the location  of  such
                                                                                                    sites and facilities.


                                                                                                     Section  11.  Minnesota Statutes
                                                                                                     1971, Section 4730.04, is
                                                                                                     amended  to read:

                                                                                                    473D.04   [Metropolitan Counties;
                                                                                                    Solid Waste Disposal Report.!
                                                                                                     Subdivision 1.  Each metropoli-
                                                                                                     tan county, upon receipt of the
                                                                                                    council's comprehensive plan,
                                                                                                     shall prepare and submit to the
                                                                                                    council  for its approval,  a
                                                                                                    report including a description
                                                                                                    of any solid waste disposal
                                                                                                    site or  facility which the
                                                                                                    county owns or plans to acquire
                                                                                                    to implement the comprehensive
                                                                                                    plan; the planned method,  est-
                                                                                                    imated cost and time of acquis-
                                                                                                    ition thereof; a description of-
                                                                                                    any improvements which will  be
Section 10.  Minnesota Statutes
1971, Section 473D.03, subdiv-
ision 1, is amended to read:

473D.03  [Metropolitan Council,
Comprehensive Plan. 1
Subdivision 1.  The metropolitan
council shall prepare and by
resolution adopt a comprehen-
sive plan for the disposal of
solid waste and the management
and disposal of h. w. in  the
metropolitan area for such
period as the council deems
proper and reasonable; and,
when adopted, such plan shall
be followed in the metropolitan
area.  In developing the  plan
the council shall consider the
preservation and best and most
economical use of land and
water .resources in the metro-
politan area.  The plan shall
include a statement of goals a
and policies for solid waste
disposal and hazardous waste
disposal and management,  crit-
eria for solid waste disposal
sites and hazardous waste
disposal sites, the general
location and capacities of
needed disposal sites and
facilities, projections of
disposal  capacities required,
regulations for the operation
of disposal sites and facilities,
a description of disposal
techniques which may be used,
the type or types of solid
waste and hazardous waste to
be disposed of at each site
or facility, and such other
details as the council  deems
aooropriate.  Criteria for
solid waste disposal  sites and
hazardous, waste disposal  sites,
and regulations for the oper-
ation of disposal  sites  and
facilities, included  in  the
plan shall  be consistent with
regulations adopted by the
agency pursuant to sections
473D.07 and 116.06.   The plan
may be revised as  ofter  as the
council  deems necessary  in the
same manner as provided  for the
adoption  thereof.   A  copy of
the comprehensive  plan  and
each revision thereof shall
be delivered or mailed  to  the
aqency and the county auditor
of each metropolitan  county
after it  has been  adopted.

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                                       STATE OF
                                      CALIFORNIA
STATE  OF ILLINOIS
          STATE OF
         MINNESOTA
(MISCELLANEOUS)
                                    STATE OF MINNESOTA


                                        CONTINUED
                                                                                                     county nay by ordinance estab-
                                                                                                     lish and revise rules, renula-
                                                                                                     tions, and standards for h.  w.
                                                                                                     management relating to (a)
                                                                                                     identification of h.w., (b)
                                                                                                     the labeling and classifica-
                                                                                                     tion of h. w., (c) the handling
                                                                                                     collection, transportation and
                                                                                                     storage of h.w., (d) the ulti-
                                                                                                     mate disposal site of the h.w.
                                                                                                     and (e) other natters necessary
                                                                                                     for the public health, welfare
                                                                                                     and safety.  The county may
                                                                                                     issue permits or licenses for
                                                                                                     h.w. aeneration and may require
                                                                                                     that generators be reoistered
                                                                                                     with a county office.  The
                                                                                                     ordinance may require payment
                                                                                                     by the generator of any costs
                                                                                                     incurred by the county in com-
                                                                                                     nletinn such procedures.  If
                                                                                                     the nenerator fails to complete
                                                                                                     such procedures, the county
                                                                                                     may recover the costs of com-
                                                                                                     nletion in a civil action in
                                                                                                     court of competent jurisdic-
                                                                                                     tion or, in the discretion of
                                                                                                     the board, the costs niay be
                                                                                                     certified to the county auditor
                                                                                                     as a special tax aaainst the
                                                                                                     land.  The ordinance may be
                                                                                                     enforced by injunction, action
                                                                                                     to compel performance, or
                                                                                                     other action in district court.
                                                                                                     Any ordinance enacted under
                                                                                                     this section shall embody
                                                                                                     standards and requirements
                                                                                                     established by rule of the
                                                                                                     aaency.  Issuing, denying,
                                                                                                     modifying, imposing conditions
                                                                                                     upon, or revoking permits pur-
                                                                                                     suant to the provisions of
                                                                                                     this section of regulations
                                                                                                     promulgated hereunder, shall
                                                                                                     be subject to review, denial,
                                                                                                     suspension, and reversal by
                                                                                                     the pollution control anency.
                                                                                                     The pollution control agency
                                                                                                     shall after written notifica-
                                                                                                     tion have 15 days to review,
                                                                                                     suspend, modify, or reverse
                                                                                                     the action of the county board
                                                                                                     shall be final subject to
                                                                                                     appeal  to the district court
                                                                                                     as provided  in section 115.05.
necessary to make the site or
facility suitable for solid
waste disposal; proposed pro-
cedures for the operation and
maintenance of any such site or
facility; an e timate of the
annual cost of operation and
maintenance of each site or
facility; an estimate of the
annual gross revenues which will
be received from the operation
of each site or facility; and
a proposal for the use of each
site whin filled.  The report
shall also include a complete
survey of existing or proposed
municipal or private solid
waste disposal sites and fac-
ilities  in the county contain-
ing  information similar  to  that
required for county facilities,
and  a statement of the extent
to which they will or nay be
used to  implement the compre-
hensive  plan.  The council  shall
approve  the report if it is in
accordance with  its comprehen-
sive plan.  The  report,  when
approved by  the  council, shall
be  implemented by the county.
Each report  not  approved by the
council  shall  be  returned  to  the
county  with  a  statement  of  the
reasons  for  the  councils failure
 to  approve  it.
 Subdivision 2.  Each metro-
 politan county, as a part of
 its solid waste plan, shall
 prepare and submit to the
 council for its approval, a
 renort  includinci:  a descrip-
 tion of the county hazardous
 waste ordinance, the county
 hazardous waste generator
 licensing procedures, pro-
 posed procedures for imple-
 nentinb the system, and an
 estimate of the total number
 of  Generators.  Council
 approval or disapproval of
  the report  shall be consistent
 with this  section.
                                                                      Section 12.  Minnesota
                                                                  Statutes 1971, Chapter 473D,
                                                                  is amended by addinn a section
                                                                  to read:

                                                                      4730.051  (Metropolitan
                                                                  Counties, Hazardous Waste Man-
                                                                  agement)   Each metropolitan

-------
                                STATE OF OKLAHOMA
                                      (Proposed)
                                      STATE OF OREGON
                                    U.S. ENVIRONMENTAL
                                   PROTECTION AGENCY-
                                        DRAFT NO.  1
                                           NATIONAL
                                SOLID WASTE MANAGEMENT
                                ASSOCIATION-DRAFT  NO:  6
                 .•JET» faXCy<
-------
(DEFINITIONS]
    COMMISSION

    DEPARTMENT
    DIRECTOR

    DISPOSAL
     DISPOSAL SITE
     GENERATION

     HANDLING
                                STATE  OF  OKLAHOMA
                                      [Proposed)
Section 2.  As used in this
act, unless the context other-
wise reouires:
                             3.   "Department" means the
                             State  Department of Health
                              unless  there is created  a
                             Department of Natural  Resources,
                             at  which time "Department"
                             shall  mean the Department of
                             Natural  Resources;
 2.  "Disposal" means  the aban -
 donment, denosit,  interment
 or discard of hazardous waste
 as a final action  after such
 waste is no lonqer intended
 to be used.  Storaqe  of haz-
 ardous waste of two (2) or
 more years shall  be considered-
 a disposal for purposes of
 this act;

 4.  "Disposal site" means the
 location where any final dis-
 position of hazardous waste
 occurs.  Disposal  sites include
 but are not limited to deep
 well injection and surface
 disposal facilities;
                                       STATE OF OREGON
                                      U.S. ENVIRONMENTAL
                                      PROTECTION  AGENCY-
                                           DRAFT NO. 1
 459.410  Definitions for ORS
 459.410 to 459.690.  As used in
 ORS 453.635 and 459.410 to
 459.690, unless the  context
 requires otherwise:
                                   (1)  "Commission" means  the
                                   Environmental Quality Commis-
                                   sion.
                                   (2) "Department" means  the
                                   Department of Environmental
                                   Quality.
(3) "Director" means the
Director of the  Department of
Environmental Quality.
(4) "Dispose" or "disposal"
means the discarding, treat-
ment, recycling, or decontam-
ination of environmentally
hazardous wastes or their
collection, maintenance or
storage at a disposal site.
 (5)  "Disposal site"  means  a
 geographical site in or upon
 which environmentally hazard-
 ous  wastes are stored or
 otherwise disposed of in ac-
 cordance with the provisions
 of ORS 453.635, 459.410 to
 459.690 and subsection (4)
 of ORS 459.992.
 Section 3:  When used in this
 Act:
                                   (A)  The  term "Department" means
                                   the  Department of this State
                                   charged  with the administration
                                   and  enforcement of this Act.
 (B)  The term "Disposal" means
 the discharge, deposit, dumping,
 spilling, leaking,  or placing
 of any substance into or on
 the land so that such waste or
 any constituent thereof may
 enter the environment or be
 emitted into the air or dis-
 charged into any waters, includ-
 ing groundwaters.
(C)  The  term "Disposal Site"
means  the  location where any
final  deposition  of waste
materials  occurs.
                                                                     (D) The term "Generation"
                                                                     means the act or process of
                                                                     producing waste materials.
                                             NATIONAL
                                  SOLID  WASTE MANAGEMENT
                                  ASSOCIATION-DRAFT NO. 6
                                                                                                                                                             lr-i~"
(4) require the  State to assure
that proper identification,
handling,  processing, and
disposal of hazardous wastes
are accomplished through a
system developed for the
tabulation and recording of
data regarding hazardous
wastes generated and/or dis-
posed of within  its boundaries.

Section 3.   Definitions.
For all purposes of this Act,
except as  otherwise expressly
provided herein  or unless the
context otherwise requires,
the terms  defined in this
section shall have the mean-
ings assigned to them in this
Act, whether or  not capital-
ized and  including the plural
as well as the singular
thereof:
                                  (1) "Department" means the
                                  State Department of 	
                                                                                                       (2) "Director" means the
                                                                                                       Director of
 (3) "Disposal" means the
 ultimate introduction of  haz-
 ardous wastes into the envi-
 ronment.
(4) "Disposal  Site" means the
location where any ultimate
disposal of hazardous waste
occurs.
                                                                     (5) "Handling" means the
                                                                     storage,  transport, or
                                                                     transfer  of hazardous waste
                                                                     from one  place to another.

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                            STATE OF OKLAHOMA
                                  (Proposed)
                                       STATE  OF  OREGON
                                      U.S. ENVIRONMENTAL
                                     PROTECTION AGENCY-
                                          DRAFT NO. 1
                                             NATIONAL
                                  SOLID  WASTE MANAGEMENT
                                  ASSOCIATION-DRAFT NO.  6
HAZARDOUS WASTE
(or Environmentally
 Hazardous Waste)
 HAZARDOUS WASTE
 MANAGEMENT
 MANIFEST
1.  "Hazardous waste" is
defined as  refuse products,
either solid or liquid, which
are to be disposed of, and
which are toxic to human,
animal, aquatic or plant life
and which are oroduced in such
quantity that they cannot be
safely disposed of in prooerly
operated, state-approved san-
itary land  fills or sewage
treatment facilities.  Haz-
ardous waste includes but is
not United to exnlosives,
flammable linuids, snent
acids, caustic solutions,
poisons, sludne, tank bottoms
containing  heavy metallic ions,
toxic orqanic chemicals and
materials such as paner, metal,
cloth or wood which are contam-
inated with hazardous waste;
(6) "Environmentally hazardous
wastes" include  all of the
following which  are Jiot de-
classified by the  coimiission
pursuant to subsection (6)
of ORS 459.430:
(a) Discarded, useless or
unwanted materials or residues
resulting from any substance
intended for the purpose of
defoliating plants or for the
preventing, destroying, repel-
ling or mitigating.of insects,
fungi, weeds, rodents or pre-
datory animals,  including but
not limited to defoliants,
nematocides and  rodenticides
as defined by ORS  634.211.
(b)  Discarded,  useless or
unwanted radioactive material,
including naturally occuring
or accelerator produced iso-
topes and byproduct material ,
source material  or special
nuclear material as defined by
ORS 453.605,  but excluding
material  produced  by a nuclear
installation.
(c) Residues  resulting from any
process of industry, manufact-
uring, trade  or  business or
from the development or recovery
of any natural resources, if
such residues are classified
as environmentally hazardous
by order of the  commission,
after notice  and public hearing.
(d) Discarded, useless or un-
wanted containers  and recept-
acles used in the  transportation
storage,  use  or  application of '
cff the substances described in
paragraphs (a),  (b) and (c)  of
this subsection.
(E) The term  "Hazardous Waste"
means any waste or combination
of wastes of  a solid, liquid,
contained gaseous, or semisolid
form which, in the judgement
of the Department, may cause,
or contribute to, an increase
in mortality  or an increase in
serious irreversible or inca-
pacitating reversible illness,
taking into account the toxic-
ity of such waste, its persis-
tence and degradability in
nature, and its potential  for
assimilation, or concentration
in tissue, and other factors
that may otherwise cause or
contribute to adverse acute
or chronic effects on the
health of persons or other
living organisms.  Such wastes
include, but  are not limited
to, those which are toxic,
corrosive, flammable, irritants,
strong sensitizers, or which
generate pressure through
decomposition, heat, or other
means.
                                                                     (K) The term "Hazardous Waste
                                                                     Management" means  the  system-
                                                                     atic and comprehensive manage-
                                                                     ment of the generation, storage,
                                                                     transport, treatment,  recycling,
                                                                     recovery, or disposal  of haz-
                                                                     ardous waste materials.
(6) "Hazardous  Waste" means
any discarded solid, liquid,
semi-solid,  contained gas,
or combination  thereof which
is determined by  the Director
because of its  quantity, con-
centration,  or  chemical char-
istics to pose  a  substantial
present or potential danger
to human health or  the en-
vironment because such waste
is bioconcentrative, flammable,
reactive, toxic,  irritating,
corrosive, or infectious.
                                                                                                       (9)  "Manifest" means the
                                                                                                       Department  form used for
                                                                                                       identifying hazardous wastes
                                                                                                       during  handling, processing,
                                                                                                       and  disposal.

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 NUCLEAR INSTALLATION
 PERSON
 PROCESSING (or Treatment
 or Hazardous Waste
 Processing)
PROCESSING FACILITY
(or Treatment  Facility  or
 Hazardous Waste
 Processing Facility]

 SECTION
STORAGE
 TRANSPORT
                            STATE  OF  OKLAHOMA
                                  (Proposed]
5.  "Person" means any individ-
ual ,  corooration, industry,
firm, partnership, association, '
venture,  trust, institution,
state or  local qovernriental
instrumentality, apency or
body  or any other lecial entity
however ornanized;
6.  "Processinq" means the
treatment,  detoxification,
neutralization, incineration or
biodenradation of hazardous
waste in  order to remove its
harmful properties or char-
acteristics.  The processinn
shall be  done in accordance
with  any  rules and renulations
adopted by  the Department in
conjunction with any other
aqency authorized by lav/ to
requlate  or control hazardous
waste;
7.  "Processinq facility" means
any site  or location where
treatment,  incineration or
disposition of hazardous waste
occurs; and
8.  "Section" means the Haz-
ardous Haste Mananement
Section created herein.
                                       STATE OF OREGON
    U.S. ENVIRONMENTAL
   PROTECTION  AGENCY-
         DRAFT NO. 1
           NATIONAL
SOLID  WASTE MANAGEMENT
ASSOCIATION-DRAFT NO.  6
                                  (7)  "Nuclear installation"
                                  means any power reactor,  nuclear
                                  fuel fabrication plant, nuclear
                                  fuel reprocessing plant,  storage
                                  or waste disposal facility
                                  for  radioactive waste produced
                                  from the operation of thermal
                                  power plants or nuclear instal-
                                  lations, and any facility
                                  handling that quantity of fis-
                                  sionable materials sufficient
                                  to form a critical mass.
 (F) The term "Person"  means
 any individual, partnership,
 copartnership, firm,  company,
 corporation, association, joint
 stock company, trust,  estate,
 county, municipality,  or any
 other legal representative,
 agent, or assigns.
 (I) The term "Treatment"
 means any method,  technique,
 or process, including  neutral-
 ization, designed  to change the
 physical, chemical, or biolog-
 ical character or  composition
 of any solid waste, including
 any hazardous waste, so as to
 neutralize such waste  or so as
 to render such wastes  nonhaz-
 ardous, safer for  transport,
 amenable for recovery, amenable
 for storage, or reduced in
 volume.
(J)  The  term "Treatment Facil-
ity"  means  a location  at which
wastes  is  subjected to treat-
ment and may include a facility
where waste has  been generated.
                                                                    (G) The term "Storage" means
                                                                    the actual  or intended con-
                                                                    tainment of wastes, either on
                                                                    a temporary basis or for a
                                                                    period of years, in such a
                                                                    manner as not to constitute
                                                                    disposal of such wastes.
                                                                    (H) The term "Transport"
                                                                    means the movement of wastes
                                                                    from the point of generation
                                                                    to any intermediate transfer
                                                                    points, and finally to the
                                                                    point of ultimate disposal.
 (10)  "Person" means an individ-
 ual,  firm, association, co-
 partnership, political subdivi-
 sion, government agency,
 municipality, industry, public
 or  provate corporation, or any
 other entity wha-tsoever.

 (7) "Hazardous  Waste Processing"
 means the physical  or chemical
 treatment, recovery, detoxifi-
 cation, neutralization, incin-
 eration, biodegradation,
 separation, fixation, or
 otherwise modification of  a
 potentially hazardous waste
 to  remove or reduce its harm-
 ful properties  or character-
 istics.
 (8) "Hazardous Waste Processing
 Facility" means a plant or site
 where hazardous wastes are
 subjected to hazardous waste
 processing operations.
                                   (11)  "Storage" means the
                                   temporary  containment of
                                   wastes.

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                                 STATE  OF  OKLAHOMA
                                       (Proposed)
(POWERS &  DUTIES of the
 OEPT)
Section 3.  There is  hereby
created a Hazardous Haste
Manaaement Section within  the
State Department of Health
unless there is created a
Department of Natural  Re-
source.  The Section  shall
consist of a Director,  who
shall be hired by the De-
partment, and as many employees
hired by the Director as he
deems necessary and duly
qualified to carry out the
provisions of this act.  As
a prerequisite for employ-
ment as a  Director,  the
Director shall have expertise
and as least two (2)  years
experience in waste management,
and shall have a deqree in
chemistry or chemical  or
environmental engineering.
The Director shall not be
subject to the Merit  System of
Personnel Administration,  but
all employees hired by the
Director shall be subject  to
the Merit System.

Section 4.  The Section is
hereby authorized and  it shall
be its duty to:
 1.  Designate materials as
hazardous waste;
 2.  Adopt rules and  regulations
for the construction  and
operation of hazardous  waste
processing facilities  and
disposal  sites;
 3.  Issue permits for  the
construction and operation
of said facilities and  sites:
 4.  Provide the operator  of a
disposal  site a list  of any
material  which the Section
deems unacceptable for  dis-
posal at the site at  the
time the Section issues  a
permit to the operator;
5.  Make periodic inspections
of hazardous waste processing
facilities and disposal
sites to determine the  extent
to which the Section's  rules
and regulation are complied
with;
6.  Develop, maintain  and  mon-
itor records of the source and
amount of hazardous waste  pro-
duced in Oklahoma  and  the
methods used to dispose  of said  .
w
-------
                                 STATE OF OKLAHOMA
                                       (Proposed)
                                        STATE  OF  OREGON
                                      U.S.  ENVIRONMENTAL
                                      PROTECTION AGENCY-
                                           DRAFT  NO.  1
                                             NATIONAL
                                  SOLID WASTE  MANAGEMENT
                                   ASSOCIATION-DRAFT NO. 6
                                        f "total iHirlr -E:t.xz.*.'
(POWERS & DUTIES of the
 DEPT]
7.   Prescribe  to all persons
generating  hazardous waste forms -
to be used  as  manifests;
8.   Require preapproved plans
from persons generating haz-
ardous waste or shipping haz-
ardous waste within or into
Oklahoma indicating the amount
of hazardous waste generated,
the disposal methods, and the
disposal sites used.  The plans
shall be kept  current and the
Section shall  be advised im-
mediately of any changes in the
plans of such  persons.  The
plans shall be required only
for hazardous  wastes which are
to be disposed.  Persons storing
or shipping hazardous wastes in
an environmentally acceptable
manner for  the purpose of reuse,
recyclinn or rerefining shall
be required to file preapproved
plans only  for those wastes
which are to be disposed.
9.  Require annual reports from
all persons generating hazard-
ous waste indicating  the
amount of hazardous waste
generated,  the disposal methods,
and the disposal sites used;
10.  Require monthly  reports
from all operators of  hazard-
ous waste facilities who recieve
hazardous waste  for processing
or disposal, listing  the amount,
transporter and  producers of
all hazardous  waste received;
11.  Approve or  disapprove meth-
ods of disposal  of  hazardous
waste, and  prohibit certain
specific disposal  practices;
12.   Inform persons generating
hazardous waste  of  available,
alternative methods or disposal
of such waste  and  assist the
persons in  developing  satisfact-
ory disposal plans; and
13.  Develop a system  to
provide information on re-
cyclable waste to  potential
users of such  waste.   Such
information shall  not include
any  information  which the
Section deems  confidential or
private in  nature.
inated or contain a sufficient-
ly low concentration of haz-
ardous material  so that such
substances are  no longer en-
vironmentally hazardous.
                                                                 459.440  Adoption of rules.
                                                                 In  accordance with applicable
                                                                 provisions of ORS chapter 183,
                                                                 the commission shall:
                                                                 (1) Adopt rules and issue
                                                                 orders thereon, including
                                                                 but not  limited to estab-
                                                                 lishing  minimum requirements
                                                                 for the  disposal of environ-
                                                                 mentally hazardous wastes,
                                                                 limits as to tvpes and quan-
                                                                 tities of materials to be dis-
                                                                 posed, minimum requirements  for
                                                                 operation, maintenance, monit-
                                                                 oring and reporting and super-
                                                                 vision of disposal sites and
                                                                 requirements and procedures
                                                                 for the  selection of such sites.
                                                                 (2) Adopt rules and issue orders
                                                                 thereon  relating to the proce-
                                                                 dures of the department with
                                                                 respect  to hearings, filling
                                                                 of  reports, submission of
                                                                 plans and the issuance, re- •
                                                                 vocation and modification of
                                                                 licenses issued under ORS 459
                                                                 .410 to  459.690.
                                                                 (3) With due regard for the reg-
                                                                 ulatory  programs of the Federal
                                                                 Government and  the  radiation
                                                                 control  regulations established
                                                                 by the Health Division pursu-
                                                                 ant to ORS 453.605  to 453.745,
                                                                 adopt rules governing the dis--
                                                                 posal  of radioactive wastes.
(4) rules and  regulations
relating to the  standards
and procedures for  the safe
operation and  maintenance of
hazardous waste  treatment or
disposal facilities or sites;
(5) rules and  regulations
relating to the  container-
ization and labeling of  haz-
ardous wastes;
(6) a listing  of those wastes
or combinations  of  wastes
which are not  compatible, and
which may not  be stored  or
disposed of together.
(D) In complying with  this
Section the Department shall
consider the variations  within
this State in  climate, geology,
population density, and  such
other factors  as may be  rele-
vant to the management of
hazardous /< astes.
  (6) The Director is authorized
  to seek and to receive Federal
  funds applicable for hazard-
  ous wastes management programs.
  (7) The Director shall , in
  accordance with (insert appro-
  priate reference to the state's
  Administrative Procedures Act),
  establish procedures for the
  evaluation and coordination
  of research and development
  regarding methods of hazardous
  waste handling, processing,
  and disposal and may enter into
  contracts in order to conduct
  appropriate studies relating
  to hazardous wastes.

 Section 5.  Criteria for Determining
 Hazardous Wastes
 (1) Criteria shall be developed
 and revised in accordance with
 procedures as required by Section
 6 and subsequent to review of the
 Hazardous Waste Technical Advisory
 Committee.  Opportunity for
 appeal shall be allowable after
 promulgation of the criteria.
 (2) When developing these criteria,
 the Director shall determine
 whether the concentrations being
 disposed of present immediate
 or persistent toxic hazards to
 man and wildlife of the re-
 sistance to natural degradation
 or detoxification or are bio-
 concentrative, flammable, reactive,
 toxic, irritating, corrosive or
 infectious in addition to any
 other appropriate characteristics.
 (3) The Department shall  compile
 and revise from time to time
 thereafter a listing of wastes
 which have-been determined to
   hazardous by using these
 criteria.
 (4) The Director shall  to the
 extent feasible consider actions
 taken by contiguous states and
 the federal  government for the
 development and application of
 uniform criteria.

 ection  6.   Regulations,  Guide-
 ines,  and Standards.   The  Director
shall  adopt,  and may  revise  when
appropriate,  regulations,  guide-
 ines,  and standards  for  the
 landling, processing, and
disposal  of  hazardous wastes.

-------
(POWERS & DUTIES  of the
 DEPT)
                                STATE  OF  OKLAHOMA
                                       (Proposed)
Section 5.
A.   The Section shall adopt,
and revise when necessary,
rules,  regulations and minimum
standards for the processing
and disposal of hazardous
wastes  in Oklahoma with the
exception of the following:
1.   Radioactive waste shall
continue to be regulated by
the Radiological Controls
Section of the Division of
Environmental Services; and
2.   Deleterious substances
produced or used in conjunc-
tion with oil and gas devel-
opment  and production shall
continue to be regulated by
the Corporation Commission.
B.   Before adopting such
rules,  regulations and
standards, the Section shall
consult with interested state
and local governmental bodies
and with federal regulatory
agencies.  The Section shall
hold at least one public
hearing on.the proposed rules,
regulations and standards and
shall adopt the same after
making  amendments deemed
necessary after presentation
of the  evidence and testimony
at the  one or more public
hearings.
C.   The present rules and
regulations of the State
Department of Health and
Water Resources Board shall
remain  effective until the
adoption of new rules and
regulations by the Section.
D.   The provisions of this
act shall be cumulative to
the minimum requirements
established by the Oklahoma
Administrative Procedures
Act.
                                       STATE OF OREGON
U.S.  ENVIRONMENTAL
PROTECTION AGENCY-
     DRAFT  NO.  1
           NATIONAL
SOLID  WASTE  MANAGEMENT
ASSOCIATION-DRAFT NO.-6
                               (1)  Before adoption of any
                               regulations, guidelines,  and
                               standards, the Director shall:
                                    (a) Consult with the
                               appropriate agencies of local
                               governments.
                                    (b) Secure technical assistanc
                               from the State Department of
                                                     and any
                                                                                                                                   other appropriate state agencies.
                                                                                                                                   (2)  Public Hearing.  Before
                                                                                                                                   adopting  or revising regulations,
                                                                                                                                   guidelines, and standards
                                                                                                                                   for  the handling, processing,
                                                                                                                                   and  disposal of hazardous
                                                                                                                                   wastes, the Department shall
                                                                                                                                   hold at least one public  hear-
                                                                                                                                   ing  in (capital city) or  in
                                                                                                                                   a city within the area of the
                                                                                                                                   State to  be affected by the
                                                                                                                                   proposed  regulations, guide-
                                                                                                                                   lines or  standards.
                                                                                                                                   (3)  No action of  the Director
                                                                                                                                   sha  1 preclude the right  of
                                                                                                                                   appeal.
                                                                                                                                   (6)  Procedures.  The Director
                                                                                                                                   shall promulgate  regulations
                                                                                                                                   identifying procedures for
                                                                                                                                   obtaining a permit for the dis-
                                                                                                                                   posal of  any hazardous waste
                                                                                                                                   no later  than 	months
                                                                                                                                   following the date of enactment
                                                                                                                                   of this Act.  Regulations  pro-
                                                                                                                                   posed by  the Director shall
                                                                                                                                   first be  reviewed by the Hazardous
                                                                                                                                   Jaste Technical  Advisory Committee
                                                                                                                                   and  then  promulgated subject
                                                                                                                                   to hearing following appropriate
                                                                                                                                   notice as required by (insert
                                                                                                                                   learing procedure or appropriate
                                                                                                                                   reference to the state's Administra
                                                                                                                                   tive  Procedures  Act).   No  action
                                                                                                                                   of the Director shall  preclude
                                                                                                                                   the  right of appeal.

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                                STATE OF OKLAHOMA
                                      (Proposed)
                                         STATE OF OREGON
                                        U.S.  ENVIRONMENTAL
                                        PROTECTION AGENCY-
                                             DRAFT  NO.  1
                                              NATIONAL
                                   SOLID  WASTE MANAGEMENT
                                   ASSOCIATION-DRAFT  NO.  6
(PERMITS)
Section 6.   The  Section shall
issue permits  for  the con-
struction of processing facil-
ities or disposal  sites.  No
construction permit  shall issue
except upon the  filing of a
proper application by the
person desiring  the  construction
and the Section's  notification
of the filing  to property
owners within  one  (1) mile of
the proposed construction site
and to city or county health
departments located  in  the
immediate area.   If  any of the
said property owners or health
departments request  a public
hearing, said hearing shall  be
held before the construction'
permit is issued.   Provided,
however, that the  public  hearing
shall pertain only to the phy-
sical and technical  suitability
of the proposed processing
facility or disposal site,
and shall not concern the
appropriateness of the  proposed
land use.

Section 7.  The Section shall
specify and provide  definite
criteria, including  testing
methods and minimum  or maximum
standards, before  construction
of a processing facility  or
disposal site shall  proceed.
The design, testing  and con-
struction of a disposal site
shall be conducted under  the
supervision of a registered
professional engineer who has
proven to the Section's satis-
faction, that he is  competent
to design a disposal site.
                             Section  8.
                             A.   The  Section shall issue
                             permits  for  the operation of
                             processing facilities or dis-
                             posal  sites.  No operation per-
                             mit shall  issue except upon
                             proper application, sufficient
                             liability  insurance, demon-
                             stration of  financial respon-
                             sibility and  such other
                             requirements  as hereinafter
                             provided.
      Disposal Sites
 459.510  Disposal of wastes re-
 stricted;  license required.  (1)
 No person  shall dispose of environ-
 mentally  hazardous wastes in or
 upon any  real property in the state
 other than real property designated
 as a disposal site pursuant to the
 provisions of ORS 459.410 to 459.6901
 and no person shall dispose of
 environmentally hazardous wastes by
 storage in or upon any real property
 owned by  the State of Oregon.
 (2) No person shall operate a
 disposal  site without a license
 therefor  issued pursuant to ORS
 459.410 to 459.690.

 459.520  Application of ORS 459.510
 to existing disposal sites.  (1)
 ORS 459.510 does not apply to any
 person operating a disposal site
 on June 30, 1971, under a permit or
 license issued by any agency of
 this state until a license applica-
 tion therefor has been acted upon
 by the commission pursuant to ORS
 459.410 to 459.690.  If the operator
 of such a  dis'posal site desires to
 continue  to operate the disposal
 site, he  must apply for a license
 under ORS  459.410 to 459.690,
 within 60  days after the commission
 has adopted rules governing the
 form and  contents of applications.
 (2) if the license is refused,  the
 licensee must-cease operations
 within a  time set by the commission
 that allows reasonable opportunity
 for the licensee to take such  steps
 for the security or disposition
 of stored material as  the  commissioi
 deems necessary.  The  commission
 shall not direct  removal of stored
 material  unless an alternate site
 has been  designated as suitable
 for disposal  of it.

 459.530  License  application;
 fees.  (1) The department  shal-1
 furnish an application form to
 any person interested  in develop-
 ing or constructing a disposal
 site upon request.  Each such form
 shall contain:
      (a)  The  name and address
 of the applicant.
      (b)  A statement of financial
 condition of  the applicant,
 including assets, liabilities
I and net worth.
Permits
Section 5:
(A) No person shall  construct,
substantially alter, or operate
any hazardous waste  treatment
or disposal  facility without
first applying for and receiving
from the Department  a permit
for such construction, alter-
ation, or operation;
(B) No person shall  store  haz-
ardous wastes without first
applying for and receiving from
the Department a permit for
such storage;
(C) No person shall  treat  or
dispose of any hazardous wastes
without first applying for and
receiving from the Department
a permit for such treatment or
disposal;
(D) No person shall  transport
any hazardous waste  without
first applying for and receiving
such permit(s) as may  be  re-
quired under Section 16  (Trans-
portation of Hazardous Wastes)
of this Act.  The provisions
of Section 16 of this  Act, and
of this subsection,  shall  apply
equally to those persons  trans-
porting hazardous wastes  gener-
ated by others and to  those
transporting hazardous wastes
they have generated themselves,
or combinations thereof;
(E) Permit applications  shall
be submitted to the Department
on such forms as the Department
may  prescribe;
(F) Permits may be issued under
such terms and conditions as
the Department may deem neces-
sary  to fulfill the purposes
of this Act;
(G) Permits  shall be valid for
a  period not to exceed five  (5)
years,  and shall be renewable
at the  discretion of the De-
partment;
(H) Any permit issued under
this  Section may be revoked  by
the  Department at any time when
the  permittee fails to comply
with  the terms or conditions
of said permit, Provided,  that
no permit shall be revoked un-
til  the Department has provided
the affected party with  the
opportunity  for adequate hear-
ing, and with adequate notice
Section 7.  Permit Program
(1) Not later than __^
months after the date of
enactment of this Act, the
Director shall promulgate a
permit program for the handling,
processing, and disposal  of
hazardous wastes and promul-
gate criteria for issuing a
permit and regulations
identifying procedures for
obtaining a permit or the
approval from the Director
for the handling, process-
ing, and disposal of hazardous
wastes.
(2) General Requirements:
     (a) The Director shall
issue permits for all hazardous
waste handling, processing
facilities, and disposal
sites constructed and operated
in compliance with the regula-
tions, guidelines, and
standards promulgated by  the
Director.  When issuing permits
the Director may consider the
adoption of varying guide-
lines and standards for dif-
ferent areas of the State
depending on population den-
sity, climate, geology, and
other factors relevant to
hazardous wastes management.
     (b) No person shall
engage in processing, handling
or disposal of wastes which
are determined by the Director
to be hazardous, without  a permit
or prior approval from the
Director.  Producers of hazardous
waste who merely concentrate
and/or prepare such waste for
shipment and do not engage in
the transportation, processing,
and disposal of hazardous wastes
are exampt from the permit
requirement.
     (c) No person shall  commence
construction of any proposed
processing facility or disposal
site without having first filed
an application for and received
a construction permit from the
Department.
     (d) No person shall  commence
operation, of any hazardous waste
processing facility or disposal
site without having first obtained
a permi t from the Director.

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(PERMITS)
                                                                     STATE OF OREGON
     (c) The experience of the
applicant in construction, manage-
ment, supervision  or development
of disposal  sites  for environmen-
tally hazardous  wastes and in the
handling of  such substances.
(2) The department shall also
require the  submission of such
information  relating to the
construction, development or
establishment of proposed disposal
sites and facilities to be operated
in conjunction therewith, and such
additional  information, data and
reports as  it deems necessary to
make a decision  on granting or
denying a 1icense.
(3) The application shall be
accompanied  by a nonrefundable
fee of 55,000, which shall be
continuously appropriated to the
department  for administrative
expenses.

459.540  Application contents.
License applications submitted
to the department  for managing,
operating,  constructing, develop-
ing or establishing a disposal
site must contain  the following:
(1) The management program for the
operation of the disposal site,
including the person to be re-
sponsible for the  operation of
the disposal  site  and a resume
of his qualifications, the pro-
posed method  of  pretreatment, or
decontamination  upon the disposal
site,  if any, and  the proposed
emergency measures to be  pro-
vided  at such site.  •
(2)  A  description  of  the  size
and  type of facilities  to be
constructed upon the  disposal
site,  including the height and
type of fencing to be used,  the
size and construction of  struc-
tures  or buildings, warning
signs, notices and alarms to
be used, the type  of  drainage'
and  waste treatment facilities
and  maximum capacity  of such
facilities, the location  and
source of each water  supply  to
be used and the location  and
the  type of fire control  facili-
ties to be provided at  such  site.
(3)  A  preliminary  engineering
sketch and flow chart showing
proposed plans and specifications
for  the construction  and  develop-
                                       U.S. ENVIRONMENTAL
                                       PROTECTION  AGENCY-
                                            DRAFT-NO. 1
                                            NATIONAL
                                 SOLID WASTE  MANAGEMENT
                                 ASSOCIATION-DRAFT  NO. 6
of the intent of the  Depart-
ment to revoke said permit and
the reasons  for such  revocation:
(I) Where the application for
or compliance with any permit
required under this Section
would, in the judgement of the
Department,  cause undue or un-
reasonable hardship on any
person, the  Department may
issue a variance from the
requirements of this  Section.
In no case shall  the  duration
of any such  variance  exceed
twelve (12)  months; no person
shall receive more than one
(1) such variance, and it
shall not be renewed  or
extended.
                                                                                                           STATE OF OREGON

                                                                                                             CONTINUED

                                                                                                   ment of the  site  and  the waste
                                                                                                   treatment  and  water supply
                                                                                                   facilities,  if any, to  be used
                                                                                                   at such site.
                                                                                                   (4) The exact  location  and place
                                                                                                   where the  applicant proposes to
                                                                                                   operate and  maintain  the disposal
                                                                                                   site, including the legal de-
                                                                                                   scription  of the  lands  included
                                                                                                   within such  si te.
                                                                                                   (5) A preliminary geologist's
                                                                                                   survey report  indicating land
                                                                                                   formation, location of  water
                                                                                                   resources  and  direction of the
                                                                                                   flows thereof  and his opinion
                                                                                                   relating to  possible  sources
                                                                                                   of contamination of such water
                                                                                                   resources.
                                                                                                   (6) The names  and addresses of
                                                                                                   the applicant's current-or pro-
                                                                                                   posed insurance carriers, includ-
                                                                                                   ing copies of  insurance policies
                                                                                                   then in effect.


                                                                                                   459.620  Revocation  of licenses;
                                                                                                   judicial review.  The  commission
                                                                                                   may revoke any license issued
                                                                                                   under ORS 459.410 to 459.690
                                                                                                   after public hearing upon a
                                                                                                   finding  that the licensee has
                                                                                                   violated any provision of ORS
                                                                                                   459.410  to 459.690 or rules
                                                                                                   adopted  pursuant thereto or
                                                                                                   any-material  condition of the
                                                                                                   license, subject to review under-
                                                                                                   ORS chapter  183.
     (e) No person shall  deliver
any hazardous wastes  to  a hazardous
waste processing facility or  a
hazardous wastes disposal  site
that has not been permitted by
the Director.
     (g) Existing processing
facilities and disposal  sites
shall be granted a permit variance
subsequent to sufficient evidence
being presented at a hearing  to
assure  that  the facility is or
will be within a reasonable period
of  time, in  compliance with  the
regulations, guidelines, and
standards.
     (h) Permits or licenses  for
all  hazardous waste handling,
processing facilities, and disposa
sites previously issued by the
Director or  by any other agency
of  the  State under (reference
appropriate  prior to existing
statutes or  regulations), shall
continue in  effect for a minimum
period  of 	days following
the effective date of this Act
and for such additional  period
as  the  Director mav by regulation
establish.
 (4) Any order of  suspension or
 revocation  of a permit  shall
 become  final unless the  person
 named in such suspension or
 revocation  order  requests a public
 hearing within  thirty days after
 the order  or notice of  suspension
or revocation is  served  upon such
 person  or  persons.  Upon such
 request, the Director shall
 promptly conduct  a public hearing
 in accordance with the  provi-
 sions of (insert  applicable
 references  to the state's
 Administrative  Procedures Act).

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           <»*"»ni!i«wM»rwnr*'!««»n^^
(HAZARDOUS WASTE TREAT
 WENT/DISPOSAL SITES)
                                 STATE OF OKLAHOMA
                                       [Proposed)
B.   Liability insurance shall
be provided by the applicant
in an amount equal to twice
the value of all  real property
situated within one  (1) mile
of the facility or site.
Provided, that the liability
insurance shall be in an amount
of not less than  One Hundred
Thousand Dollars  ($100,000.00)
and need not be more than
Five Hundred Thousand Dollars
($500,000.00).
C.  Prior to the  issuance of
any permit, the applicant
shall upon request of the
Section, produce  evidence of
the applicant's financial
status indicating that the
applicant is not  insolvent
and is financially able to
operate and maintain a haz-
ardous waste disposal site
as required by this  act.  If
the applicant is  insolvent
or is not, in the opinion of
the Section, financially
able to operate and  maintain
a hazardous waste disposal
site as required  by  this
act, a permit shall  be
denied.
D.  The operation of a pro-
cessing facility  or  disposal
site shall be under  the
general supervision  of a
person with a science or
engineering degree appro-
priate to the type of facility
or site he is to  supervise
and whose qualifications are
acceptable to the Section.
E.  The Section is authorized
and may require the  construction
of monitoring wells, pond
liners, fencing,  signs or
other equipment deemed necess-
ary by the Section to ensure
the suitable operation of the
facility or site.

Section 9.  The operator of
any disposal site, upon receipt
of a permit or extension of a
permit to operate, shall im-
mediately file the permit for
record with the office of the
Registrar of Deeds in the
county where the  site is located.
Prior to beginning operations
under the permit  the operator  •
                                        STATE OF OREGON
 459.550  Notice of hearings on
 license  applications required.
 (1)  Prior to holding hearings
 on  the license application,
 the  commission shall cause notice
 to be given in the county or
 counties where the proposed
 disposal site is located in a
 manner reasonably calculated
 to notify interested and
 affected persons of the license
 application.
(2)  The  notice  shall contain
information  regarding the
approximate  location of  the  site
and  the  type and amount  of mate-
rials intended  for  disposal  at
such site, and  shall fix a time
and  place for a  public hearing.
In addition, the notice  shall
contain  a statement  that any
person interested in or  affected
by the proposed  site shall have
opportunity  to  testify at the
hearing.

459.560   Public  hearings in  areas
of proposed  disposal site re-
quired.   The commission  shall
conduct  a public hearing in  the
county or counties  where the
proposed  site  is located and
may  conduct  hearings at  such
other places as  the  department
considers suitable.  At  the
hearing  the.applicant may present
his  application  and  the  public
may  appear or  be represented
in support of or in  opposition
to the application.

459.570   Recommendation  by state
agencies  on  applications; license
must be  refused  upon recommenda-
tion of  Health  Division.  Upon
receipt  of an application, the
department shall cause copies
of the application  to be sent
to affected  state agencies,  in-
cluding  the  Health  Division,
the  Public Utility  Commission,
the  Fish  Commission  of the State
of Oregon, the  State Wildlife
Commission and  the  State Engineer.
Each agency  shall respond by
making a  recommendation  as to
whether  the  license  application
should be granted.   If the Health
Division  recommends  against
granting  the license, the com-
mission must refuse  to issue the
                                      U.S. ENVIRONMENTAL
                                      PROTECTION AGENCY-
                                           DRAFT  NO. 1
                                              NATIONAL
                                   SOLID  WASTE  MANAGEMENT
                                   ASSOCIATION-DRAFT NO. 6
 Hazardous Waste Treatment/
 Disposal  Sites
 Section  9:
 (A)  No permits shall be issued
 to any hazardous waste treat-
 ment/disposal site unless that
 site meets  such terms and
 conditions  as the Department
 may direct.  Terms and con-
 ditions  shall include, as a
 minimum  —
 (1)  evidence of liability
 insurance,  including non-
 sudden occurrences, in such
 amount as the Department may
 determine to be necessary
 for the  protection of the
 public health and the envi-
 ronment;
 (2)  evidence of financial
 responsibility in such form
 and  amount  as the Department
 may  determine to be necessary
 to insure that upon abandonment,
 cessation,  or interruption of
 the  operation of the site all
 appropriate measures are taken
 to prevent  present or future
 damage to the public health or
 the  environment;
 (3)  evidence that personnel  em-
 ployed at hazardous waste treat-
 ment/disposal sites shall  meet
 such qualifications as to edu-
 cation and training as the
 Department may determine to  be
 necessary to assure the  safe
 and  adequate operation of the
 site,  including
  (a)  persons charged with  direct
 supervision of the operation
 of any site shall  be certified
 by the Department  after  a
 review of the types,  properties,
 and  volumes of hazardous wastes
 to be  treated or disposed  of
 at the site;
  (b) any  significant change  in
 the  types, properties, or  vol-
 umes of hazardous  wastes being
 treated or disposed  of at  the
 site shall require  the recerti-
 fication  of supervisory person-
 nel .
 (B) The Department  is authorized
 to establish a  schedule of fees
 to be paid to  the  Department
 by hazardous waste  treatment
 and disposal  facilities and
 sites. The  schedule to be
established  to assure that

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                                STATE OF OKLAHOMA
                                       [Proposed]
                                         STATE OF OREGON
                                       U.S. ENVIRONMENTAL
                                       PROTECTION AGENCY-
                                            DRAFT  NO.  1
(HAZARDOUS  WASTE TREAT
 MENT/DISPOSAL SITES]
shall  file a certified  copy
of the permit,  indicating
it has been filed  with  the
appropriate Registrar of
Deeds, with the Section.

Section 11.  After a prae§s§in§
facility or disposal site  has
been closed, its operator  shall
properly maintain and monitor
the facility or site for a
period of ten (10) years,  and
shall make such repairs or
improvements as deemed  necessary
by the Section to ensure that
no migration of hazardous
material will occur from the
facility or site.
license.   Recommendation  from
other agencies  shall  be considered
as evidence in  determining whether
to grant  the license.

459.580  Review of application;
Investigations;  decision  on
issuance;  notice;  judicial review.
(1) The department shall  examine
and review all  applications  sub-
mitted to it and make such
investigation as it considers
necessary, and  make a reconraenda-
tion to the commission as to
whether to issue the license.
(2) After reviewing the  depart-
ment's recommendations under
the subsection  (1) of this
section,  the commission  shall
decide whether  or not to  issue
the license.  It shall cause
notice of its decision to be
given to  the applicant by
certified mail  at the address
designated by him in his
application. The decision of
the commission  is subject to
judicial  review under ORS
183.480.

459.590  Conveyance of storage
site by licensee to state
required; license require-
ments.  (1) As  a condition of
issuance of the license,  the
licensee must deed to the
state all that  portion of the
disposal  site in or upon
which environmentally hazardous
wastes shall be disposed  of  by
storage.   If the state is re-
quired to pay the licensee
just compensation for the real
property deeded to it, the
licensee shall  pay the state
annually a fee  in an amount
determined by the department
to be sufficient to make  such
real property self-supporting
and self-liquidating.
(2) Each licensee under ORS
459.410 to 459.690 shall  be
required to do  the following
as a condition  to holding the
license:
     (a)  Proceed expeditiously
with and complete the project
in accordance with the plans
and specifications approved
therefor pursuant to ORS
459.410 to 459.690 and the
resultant revenues are  suffic-
ient, but do not exceed the
amount necessary, to cover all
costs incurred in administering
the requirements of this Act.
Such fees shall  be deposited
in the Hazardous Waste  Man-
agement Account  in the  General
Fund.
                                                                                                            STATE OF OREGON


                                                                                                             CONTINUED
                                                                                                    rules adopted thereunder.
                                                                                                        (b) Commence operation,
                                                                                                    management or supervision  of
                                                                                                    the disposal site on completion
                                                                                                    of the project and not to
                                                                                                    discontinue such operation, manage
                                                                                                    ment or supervision of the site
                                                                                                    without the approval of the
                                                                                                    department.
                                                                                                        (c) Maintain sufficient
                                                                                                    liability insurance in force in
                                                                                                    such amounts as determined by
                                                                                                    the department to be reasonably
                                                                                                    necessary to protect the environ-
                                                                                                    ment, and the health,  safety and
                                                                                                    welfare of the people  of this
                                                                                                    state.
                                                                                                        (d) Establish emergency
                                                                                                    procedures and safeguards  neces-
                                                                                                    sary to prevent accidents  and
                                                                                                    reasonably foreseeable risks.
                                                                                                        (e) Restore, to the extent
                                                                                                    reasonably practicable,  the
                                                                                                    disposal  site  to its original
                                                                                                    condition  when use of  the  area
                                                                                                    is terminated  as a disposal  site.
                                                                                                        (f)  Maintain a-cash bond
                                                                                                    in the name  of the state and in
                                                                                                   an amount  estimated  by the  depart-
                                                                                                   ment to be sufficient  to cover
                                                                                                   any costs  of closing the site and
                                                                                                   monitoring it  or providing  for
                                                                                                   its security after closure  and
                                                                                                   to secure  performance  of license
                                                                                                   requirements.  The bond  shall
                                                                                                   remain  on  deposit for  the dura-
                                                                                                   tion  of the  license  and  until
                                                                                                   the site is  closed,  except  as
                                                                                                   the bond may be  released pursuant
                                                                                                   to ORS  459.600.
                                                                                                        (g) Report  periodically on
                                                                                                   :he volume of material  received
                                                                                                   at the  disposal  site and the
                                                                                                   fees  collected therefor.
                                   459.595  Acquisition  of sites  by
                                   condemnation.   The  commission
                                   may acquire real  property for  the
                                   disposal  of environmentally
                                   hazardous wastes  by instituting
                                   condemnation proceedings there-
                                   for to be conducted in  accordance
                                   with ORS  chapter  35.
                                  459.600  License fees; disposi-
                                  tion; withdrawal by licensee.
                                  (1) The license shall require a
                                  fee based either on the volume
                                  of material  accepted at the
                                  disposal  site or a  percentage
                                  of  the  fee  collected for  disposal
                                  or  both.  Such  fees shall be
                                   calculated  in amounts estimated
                                  to produce  over the use of the
                                  site for disposal  a sum sufficient
                                  to provide  for any monitoring
                                  or protection of the site after
                                  closure.
                                  (2) The amount so paid shall  be
                                  held in a separate account and
                                  when the amount paid in by the
                                  licensee together with the
                                  earnings thereon equals the amount
                                  of the cash  bond required under
                                  this section, the licensee shall
                                  be allowed  to withdraw the cash
                                  bond.
                                  (3) If the  site is closed prior
                                  to the fees  reaching an amount
                                  equal to the bond, appropriate
                                  adjustment  shall be made and
                                  the reduced  portion of the cash
                                  bond may be withdrawn.
                                   459.610  Annual license fees;
                                   use.  An annual license fee
                                   shall be required of every
                                   licensee under ORS 459.410 to
                                   450.690.   The fee shall be in
                                   an amount determined by the
                                   department  to be  adequate to
                                   maintain a monitoring and sur-
                                   veillance program for that
                                   disposal  site.   All such fees
                                   are'continuously appropriated
                                   to the department to pay the
                                   cost of the program under ORS
                                   459.670.

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                                 STATE OF OKLAHOMA
                                       (Proposed)
                                       STATE  OF  OREGON
                                      U.S. ENVIRONMENTAL
                                     PROTECTION AGENCY-
                                           DRAFT NO. 1
                                             NATIONAL
                                  SOLID  WASTE  MANAGEMENT
                                  ASSOCIATION-DRAFT NO. .6
(TRANSPORTATION of
 HAZARDOUS WASTES)
Section 12.   Persons gener-
ating hazardous waste shall
provide the  driver of any
truck or the working crew of
any train carrying hazardous
waste a manifest  in a form
which has been prescribed by
the Section, indicating a
disposal  plan number assigned
by the Section which shows
that the Section  has approved
the preapproved plans of the
person generating hazardous
waste as provided in para-
graph 8 of Section 4 of this
act.   The manifest shall also
set forth the type, amount,
approximate  content, origin
and destination of the waste.
The driver or crew shall
have the manifest in their
possession while  carrying or
handling the hazardous waste
and shall  release the mani-
fest to such person as is
duly authorized to dispose of
said waste at the time of
delivery of  the waste.  Pro-
vided, that  no person shall
accept the manifest unless
such manifest has a properly
assigned disposal plan number
indicating that the Section
has approved the  plans of
the person generating haz-
ardous waste. Provided,
further, that no  person shall
transport, receive or dis-
pose of hazardous waste
without having the manifest
in his possission.
459.450  Rules for transportation
of environmentally hazardous
wastes.  In adopting rules govern-
ing transportation of any en-
vironmentally hazardous wastes
for which a permit is required
the Public Utility Commissioner
or the State Department of Agri-
culturemust consult with and
consider  the recommendations of
the department prior to the adoption1
of any such rules.
Transportation of
Hazardous Wastes
Section 16:
Following adequate  public
notice, and  not less  than
one public hearing  on the
record, the  Public  Utili-
ties Commission,  in con-
sultation with the  Depart-
ment, shall  issue rules
and regulations for the
transportation of hazardous
wastes.   Such  rules and regu-
lations shall  be  consistent
with applicable rules and
regulations  issued  by the
United States  Department of
Transportation, and consistent
with any rules, regulations,
and standards  issued pursuant
to Section 4 of this Act.  The
Public Utilities Commission
shall  comply with this Section
within one year of  the effective
date of this Act.
(8) Manifest.   The  Director shall
develop a manifest.  The Hazardous
Haste Technical  Advisory Committee
shall review the manifest and
submit recommendations  to the
Director.
     (a) The Director shall,
after publication of notice and
conduct of a public hearing,
promulgate a manifest to be
originated by the hazardous
waste producer in accordance
with the regulations developed
by the Director as  required by
Section 6.
     (b) After 	months, a
manifest shall be required  to
accompany all hazardous wastes
from the point of generation
through handling, processing,
and/or disposal. The manifest
shall be originated by  the  hazard-
ous waste producer  identifying
the  hazardous waste transported,
the quantity of such waste, the
general chemical, physical, and
mineral composition of  such waste
identified by probable  maximum
and minimum percentages and
and such other information as
'the Director may require.
     (c) The complete manifest
shall be forwarded  monthly
to the Director by  those
producing, handling, process-
ing, and disposing  of hazard-
out wastes.

-------
                               STATE OF OKLAHOMA
                                     (Proposed)
      STATE OF OREGON
    U.S. ENVIRONMENTAL
   PROTECTION AGENCY-
        DRAFT NO.  1
           NATIONAL
SOLID  WASTE MANAGEMENT
ASSOCIATION-DRAFT NO. 6
                            Jm*"E—*g
(IMMINENT  HAZARD)
                                                                                                                          ~-***'
459.680  Procedure for emergencies.
(1) Whenever, in the judgment
of the department from the results
of monitoring or surveillance
of operation of any disposal
site, there is reasonable cause
to believe that a clear and
Immediate danger to the public
health and safety exists from
the continued operation of
the site, without hearing or
prior notice, the department
shall order the operation of
the site halted by service of
the order on the site superintenden
(2) Within 24 hours after such
order is served, the department
must appear in the appropriate
circuit court to petition for
such equitable relief as is re-
quired to protect the public
health and safety and may
commence proceedings for the
revocation of the license of
the disposal site if grounds
therefor exist.
 Imminent Hazard
 Section 10:
 (A)  Notwithstandinq any other
 provision of this Act,  the
 Department, upon receipt of
 information that the storaqe,
 treatment, handlinq or  dis-
 nosal  of any waste may  present
 an imminent and substantial
 hazard to the health of persons
 or other livinn organisms, may
 take such action as it  may
 deem necessary to protect the
 health of such persons  or
'ornanisms.  The action  the
 Department may take includes,
 but  is not limited to--
  (1)  issuinn an order directinn
 the  operator of the disposal
 or treatment site or facility,
 or the custodian of the  waste,
 which  constitutes such  hazard,
 to take such steps as are
 necessary to eliminate  such
 hazard.  Such action may
 include,  with resnect to a
 site or facility,  permanent
 or temporary cessation of
 operation:  and
  (2) reauestino that the at-
 torney neneral  or local  District
 Attorney  commence an action en-
 joininn such act or  practices.
 Upon a showing  by the Department
 that a nerson  has enoaaed in  such
 acts or practices, a permanent
 or temporary injunction, restrain-
 ing order,  or other  order may
 be nranted.
 (B)In any  civil  action brounht
 pursuant  to  this  section in
which a temporary  restraining
order, preliminary injunction,
or permanent  injunction'is
 sought, it  shall  not  be necessary
 to allene or prove at any stage
of the proceedina  that irrepar-
able damage will occur should
 the temporary restraining order,
preliminary  injunction,  or
permanent  injunction  not be
 issued; or  that  the remedy at
law is inadequate, and the
temporary restrainina order,
preliminary  injunction,  or
nermanent  injunction  shall issue
without such allegations and
without such proof.

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                                STATE OF OKLAHOMA
                                      [Proposed]
                                        STATE  OF  OREGON
                                       U.S. ENVIRONMENTAL
                                       PROTECTION  AGENCY-
                                            DRAFT NO. 1
                                     '   •    'NATIONAL
                                    SOLID  WASTE MANAGEMENT
                                    ASSOCIATION-DRAFT NO. 6
(ENFORCEMENT)
Section 13.   Any person who
violates any of the  provisions
of this act or the rules,
regulations  or standards prom-
ulgated by the Section shall
be guilty of a misdemeanor and
upon conviction thereof shall
be subject to imprisonment in
the county jail  for  not more
than thirty (30) days, or a
fine and imprisonment.  Each
day or part of a day during
which such violation is con-
tinued or repeated shall
constitute a new and separate
offense.
                             Section 14.   In  addition to any
                             other remedies provided in
                             this act,  the Section or the
                             haead of the Division of
                             Environmental Resources may:
                             1.  Temporarily  suspend the
                             permit of  any operator of a
                             hazardous  waste  processing
                             facility or  disposal site
                             until such facility or site
                             conforms to  the  provisions of
                             this act and the rules, reg-
                             ulations and standards prom-
                             ulgated by the Section; and
                             2.  Institute proceedings in
                             the district court having
                             jurisdiction in  the area where
                             the alleged  violation occurs
                             seeking an injunction to
                             restrain a violation of this
                             act or the rules, regulations
                             or standards adopted hereunder
                             and to restrain  the mainten-
                             ance of a  public nuisance.
     Enforcement
459.650  Investigation of  com-
plaint on operation of disposal
sites; hearings; orders; judicial
review.  (1) The department
shall investigate any complaint
made to it by any person that
the disposal site or its opera-
tion is unsafe or that the
operation of the site is in viola-
tion of the provisions of  ORS
453.635 and 459.410 to 459.690
or the rules adopted thereunder.
(2) If, after making an investiga-
tion pursuant to .subsection (1)
of this section, the department
is satisfied that sufficient
grounds exist to justify a hearing
upon the complaint,  it shall give
10 days'  written notice of the
time and place of the hearing.
and the matters to be considered
at such hearing.  A copy of the
complaint shall be furnished by
the department to the licensee.
Both the complaintant and  the
licensee are entitled to be heard,
produce evidence and offer exhib-
its and to require the attendance
of witnesses at any such hearing.
(3) The commission,  or a hearing
examiner appointed by the  commis-
sion, shall hear the matter and,
after considering all  evidence
and testimony submitted, the
commission shall,  within 30 days
after the date of the hearing,
make such specific order as it
considers necessary in the premises
Any order so issued  by the com-
mission shall  be subject to judicia
review in the manner provided by
ORS 183.480 for judicial review
of orders in contested cases.
The costs of reporting and of
transcribing the hearing for the
purpose of judicial  review shall
be paid by the party seeking
such judicial  review.

459.660  Investigations by depart-
ment;  findings  and orders; notice;
judicial review.  (1) Whenever
the  department  belives that any
disposal site or its operation  is
unsafe, or in  violation of ORS
459.410  to 459.690 or not  in
compliance with rules or orders,
 it may,  upon  its own motion,
investigate the operation  of the
disposal  site.
Enforcement
Section 11:
(A) Whenever the Department
finds that any person is in
violation of any permit, rule,
reoulation, standard, or re-
requirement under this Act, the
Department shall issue an order
requirinn such person to comply
with such rule, regulation,
standard, or requirement or
the Department shall  request
that the Attorney General  of
this State bring a civil action
for injunctive relief 1n [the
appropriate]  court.
(B) Any person who knowingly
violates any order issued  by
the Department pursuant to
this Section shall  be liable
for a fine not to exceed $25,000
per day of violation, imprison-
ment of not to exceed one  year,
or both.
(C) Any person who violates any
permit, rule,  regulation,  standard,
or requirement pursuant to
Sections 5, 6,  or 8 of this Act,
shall  be liable for a fine of
not to  exceed  $10,000 per  day
of violation.
(D) Each day of non-compliance
with any order issued by the
Department pursuant to this Sec-
tion, or of non-compliance with any
permit, rule,  regulation,  stan-
dard,  or requirement  pursuant
to Sections 5,  6,  or  8 of  this
Act, shall  constitute a  separate
violation of this  Act.
(E) An  order issued under  this
Section shall  be delivered  by
personal service and  shall  be
served  on the  person  designated
by the  laws of  this State  as
appropriate to  receive service of
process.

 Section 8:
 (A) Effective  six months  after
 the promulgation of  the rules
 and regulations required  under
 Section 5 of  this Act it  shall
 be unlawful  for any  person to —
 (1) construct, alter, or  operate
 any hazardous  waste  treatment
 or disposal facility or site,
 or transport,  or store  any
 hazardous waste without such
 pennit(s)  as  the Department
 may require under  this  Act:
Section 8.  Enforcement
(1) Whenever the Director
determines that any person  is
in violation of any require-
ment or standard under this
Act or regulations issued
hereunder, the Director
shall give written notice
to such party of such viola-
tion.
(2) If such violation extends
beyond the thirtieth day
after notification by the
Director, the Director may
issue an order requiring
compliance within a speci-
fied time period, or in
cases where imminent danger
to public health and safety
is demonstrated, suspend
operations causing such
danger until the Director
determines that adequate
steps are being taken to
correct such violations; or
he'may commence a civil
action, in the (insert
reference to the proper
court to have exclusive
jurisdiction of the action)
court in the county in which
such alleged violation
occurred, for appropriate
relief, including temporary
or permanent mandatory or
prohibitive injunctive
relief.
(3) Any .order issued under  this
Section shall state the
nature of the violation and
the tine period within which
compliance is required.
The amount of any civil monetary
penalty sought or assessed
shall be determined by the
Department on the basis of  the
seriousness of the violation
and whether any good faith
efforts were or are being
made to comply with the applic-
able requirements or standards.
If a person fails to take the
corrective action required  within
the time specified in an order
issued pursuant to paragraph (2)
of this Section, he shall be
liable for civil  monetary penalty
to be assessed by the Director of
not less than $	nor more
than $	 for the violation
complained of in such order.

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                                                                    STATE  OF  OREGON
                                                                          U.S.  ENVIRONMENTAL
                                                                          PROTECTION AGENCY-
                                                                               DRAFT  NO.  1
                                                                                 NATIONAL
                                                                      SOLID WASTE  MANAGEMENT
                                                                      ASSOCIATION-DRAFT  NO. 6
(ENFORCEMENT)
         STATE OF OREGON

           CONTINUED

 of ORS 459.410 to 459.690 or
 the rules  and orders adopted
 thereunder or of the terms of
 the license, without prior
 administrative hearing, the
 department may institute proceed-
 ings at  law or in equity to en-
 force compliance therewith or to
 restrain further violations thereof

     Penalities
459.992  Criminal penalties.
(1) The following are Class A
misdemeanors:
     (a)  Violation of rules, regu-
lations or ordinances adopted
under ORS 459.005 to 459.105 and
459.205 to 459.285.
     (b)  Violation of ORS 459.205.
     (c)  Violation of an ordinance
enacted under  ORS 459.120.
(2) Each  day a violation referred
to by subsection  (1) of this sec-
tion continues constitutes a
separate  offense.  Such separate
offenses  may be joined  in one
indictment or  complaint or infor-
mation in several counts.
(3) Penalties  provided  in this
section are in addition to and
not in lieu of any other remedy
specified in ORS 459.005 to
459.105,  459.120  to 459.150 or
459.205 to 450.285.
(4) Violation of ORS 459.510 or
of any rule or order entered or
adopted pursuant to ORS 459.410
to 459.690 is punishable, upon
conviction, by a fine of not
more than 53,000 or by  imprison-
ment in the county jail for not
more than one year, or  by both.
Each day  of violation shall be
deemed a  separate offense.
(5) Violation of ORS 459.820,
459.830 or 459.850 is a Class A
misdemeanor.
(6) In addition to the penalty
prescribed by subsection (5) of
this section, the commission or
the State Department of Agriculture
•nay revoke or  suspend the license
of any person who willfully violate
ORS 459.820, 459.830 or 459.850,
who is required by ORS chapter
471 or 635, respectively, to have
a license.
 (2)  The department may, after it
 has  made an investigation under
 subsection (1) of this section,
 without notice and hearing, make
 such findings and orders as it
 considers necessary from the
 results of its investigations.
 (3)  The findings and orders made
 by the department pursuant to
 subsection (2) of this section
 may:
      (a) Require changes in
 operations conducted, practices
'utilized and operating procedures
 found to be in violation of ORS
 459.410 to 459.690 or the rules
 adopted thereunder.
      (b) Require compliance with
 the  provisions of the license.
 (4)  The department shall cause
 a certified copy of all orders
 issued by it under subsection (2)
 of this section to be delivered
 to the licensee or his duly
 authorized representative at
 the  address furnished to the
 department in the license
 application.  Any such order
 shall  take effect 20 days after
 the  date of its issuance, un-
 less the licensee requests a
 hearing on the order before the
 commission before the 20-day
 period has expired.  The request
 shall be submitted in writing
 and  shall include the reasons
 for  such hearing.  At the con-
 clusion of any such hearing,
 the  commission may affirm,
 modify, or reverse the original
 order.
 (5)  All hearings before the
 commission shall be in compliance
 with applicable provisions of
 ORS  chapter 183.  Judicial
 review of all  orders entered
 after hearing or where no
 hearing is requested shall  be
 in accordance with the appli-
 cable provisions of ORS chapter
 183  for judicial  review of
 contested cases.
                                                               459.690  Proceedings authorized
                                                               to enforce compliance or restrain
                                                               violations.   Whenever it appears
                                                               to the department  that any
                                                               person is engaged  or about to
                                                               engage in any acts or practices
                                                               which constitute a violation
(2) violate any term or
condition of any permit  which
may be issued to him under
this Act;
(3) treat or dispose of  any
hazardous waste except at a
treatment or disposal facility
or site to which the Depart-
ment has issued a permit for
suci) treatment or disposal;
(4) construct, alter, or
operate any hazardous waste
treatment or disposal facility
or site, or transport, or
store any hazardous  waste
during any period when such
permit(s) as the Department
may have issued under this
Act has been suspended or
revoked.
 (5) If a person fails to pay any
 civil monetary penalty assessed
 under this Section, the Director
 may request the Attorney General
 to institute a civil  action
 against such person in the (insert
 applicable reference to the proper
 court to have jurisdiction)
 court of any county in which such
 a person is found, resides or
 transacts business, to collect
 such penalty or costs.  Such
 court shall have exclusive
 jurisdiction to hear and decide
 any such action.  The court
 shall sustain the Director's
 finding of violation and assess-
 ment of civil penalty if such
 action is supported by a fair
 preponderance of the evidence.
 (6) The Department is hereby
 authorized and empowered to
 compromise and settle any penalty
 under this Section in such amount,
 which in the discretion of the
 Director may appear appropriate
 and equitable to a maximum of
 ninety percent of the penalty
 when within one year or such
 other period as the Director
may deem reasonable the person
takes action  to eliminate  or
correct such  violation  to  the
satisfaction  of the Director.

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                                STATE  OF  OKLAHOMA
                                       (Proposed]
STATE OF OREGON
U.S.  ENVIRONMENTAL
PROTECTION AGENCY-
     DRAFT  NO.  1
           NATIONAL
SOLID  WASTE MANAGEMENT
ASSOCIATION-DRAFT NO.-6
(HAZARDOUS WASTE
 MANAGEMENT TECHNICAL
 ADVISORY BOARD)
                             Hazardous  Waste Management
                             Technical  Advisory Board
                             Section 13:
                             (A) There  is  hereby estab-
                             lished a Hazardous Waste
                             Management Technical Ad-
                             visory Board  to provide
                             consultation  to the De-
                             partment on matters relating
                             to this Act.   Such mat-
                             ters shall include, but not
                             be limited to:  development
                             of such rules, regulations,
                             and standards as may be
                             authorized by this Act;
                             methods by which  current
                             hazardous  waste management
                             practices  in this  State may
                             be  improved;  methods by which
                             hazardous  waste management  in
                             this State may be  financed; and,
                             legislation which  may  be neces-
                             sary to assure the sound manage-
                             ment of hazardous  wastes within
                             this State.
                             (B) The Board shall consist of
                             11 members appointed by the
                             Governor.   These shall  include
                             not less than two  representa-
                             tives each of the  public;  genera-
                             tors of hazardous wastes;  the
                             hazardous  waste treatment and
                             disposal industry; local and
                             regional government agencies;
                             and, agriculture.  The Director
                             of the Department shall be ap-
                             pointed by the Governor to be a
                             member of  the Board.
                             (C) Members shall  serve for
                             three years and may be  re-ap-
                             pointed once,  except that  the
                             Director of the Department shall
                             continue to be a member of the
                             Board at all  times.  The Governor
                             shall  appoint four members  to
                             terms  of one year each; four
                             members to terms  of two years
                             each;  and  three members to  •
                             terms  of three years each  at the
                             creation of the Board.   All  terms
                             thereafter shall  be for the  full
                             three years.
                             (D)  Members shall  serve without
                             compensation, except that they
                             shall be entitled  to per diem
                             and  reimbursement  for travel
                             expenses incurred  as a  result of
                             official Board business.
                             (E)  Those members of the Board
                             representing the public or
                             government  shall have no financial
                               Section  9.  Hazardous Waste
                               Technical Advisory Committee.
                               There is created an advisory
                               group to be known as the
                               "Hazardous Waste Technical
                               Advisory Comiittee."
                               (1)  The  Committee shall
                               consist  of nine members  appoint-
                               ed by the Governor, within
                               ninety days of the enactment
                               of the date of this Act,
                               for staggered 	year
                               terms commencing on the
                               dates of appointment for
                               the  first nine members and
                               thereafter on the dates  that
                               their predecessors' terns
                               expire.   No member may serve
                               more  than two successive
                               terms.   In establishing  the
                               Committee, nine representatives
                               shall  be  appointed as follows:
                                    (a)  Generating industries (1)
                                    (b) Transporters of hazard-
                               ous wastes (1).
                                    (c) At least 1 member  from
                               the hazardous  waste processing
                               and the disposal  industry (2).
                                    (d) Registered chemical
                               engineer  (1).
                                    (e) General  public  (2).
                                    (f) Local governmental
                               agencies (2).
                               (2) All members shall be  reim-
                               bursed for actual  and necessary
                               expenses, including travel
                               expenses,- incurred  in the
                               discharge of their  duties.
                               (3) Each member shall hold office
                               until  his successor has been
                               appointed.
                               [4) A certificate of  appointment
                               shall  be filed  with the Committee
                               and the certificate shall be
                               conclusive evidence of the due
                               and proper appointment of the
                              members.
                               !5) The powers  of the Committee
                               shall  be  vested in  the members
                               in office.  A majority of the
                              members of the  Committee  con-
                              stitutes  a quorum for the purpose
                              of conducting  its business and
                              exercising its powers and for
                              all other purposes, notwithstand-
                               ng the existence of any  vacan-
                              cies.   Action may be taken by
                              the Committee upon a vote of
                              a majority of  the members present,
                              unless the by-laws of the Committee
                              require a larger number or unless

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                                STATE OF OKLAHOMA
                                      (Proposed]
STATE OF OREGON
U.S.  ENVIRONMENTAL
PROTECTION AGENCY-
     DRAFT  NO. 1
           NATIONAL
SOLID  WASTE  MANAGEMENT
ASSOCIATION-DRAFT NO. -6
                                      r^r-^vf'lV^-lir^^'---'-^-^1--^^^--^^
                                                               ^.-, V^J;.->r^.-.- .-.'.EL-*tti^J.. _l:..u.jni-l..
[HAZARDOUS WASTE
 MANAGEMENT TECHNICAL
 ADVISORY BOARD)
                             interest in any of the recommen-
                             dations, studies, or other matters
                             before  the Board.
                             (F)  Meetings of the Board shall be
                             convened at such times as the
                             Department may request, except
                             that in no case will  the Board
                             meet less than once in each
                             calendar year.
                                                                                                          NSWMA MODEL

                                                                                                           CONTINUED
                                                                                                 Legislature on 	
                                                                                                 and 	       and  shall
                                                                                                 submit a  comprehensive annual
                                                                                                 report and recommendation  by
                                                                                                 	.  The report
                                                                                                 shall  contain an analysis  of
                                                                                                 state  and local hazardous  wastes
                                                                                                 management programs as well as
                                                                                                 any other matters the Committee
                                                                                                 considers relevant.
                                                                                                 (11)The_Director shall serve
                                                                                                 as an  ex-officio member of
                                                                                                 the Committee and the Committee
                                                                                                 may employ such other staff
                                                                                                 and consultants as needed  to
                                                                                                 carry  out its functions.
                              otherwise provided  by  law.
                              (6) Not more than thirty days
                              after the appointment  of the
                              Committee, the chairman shall
                              call a meeting at which time the
                              Committee shall  establish procedure:
                              for the conduct of  its business.
                              The Committee shall meet not
                              less than once in each quarter
                              of each year, and other meetings
                              may be called when  necessary
                              by the chairman at  any time.
                              Failure of any member  of the
                              Committee to attend at least
                              three-fourths of all regular and
                              called meetings shall  constitute
                              grounds for his removal from the
                              Committee by the Governor.  Any
                              person so removed by the Governor
                              upon the recommendation of the
                              agency or group whose  representa-
                              tion on the Couraittee  was vacated
                              by such removal  may be reconsidered
                              for re-appointment  to  the Committee.
                              (7) The Committee shall elect a
                              chairman and vice-chairman.
                              (8) The Committee shall:
                                   (a) Evaluate the  policies,
                              standards, and activities of the
                              Department and assess  their impact
                              on hazardous wastes management
                              practices under this Act.
                                    (b)  Review and make recom-
                               mendations  to the  Department
                               with respect to any research
                               projects  initiated by the
                               Department.
                                    (c)  Review and make recom-
                               mendations  to the Director
                               with  respect to  standards,
                               regulations,  and guidelines
                               proposed  by  the  Department.
                                    (d)  Study all  facets of
                               hazardous wastes management
                               including laws and  programs
                               in other  states and make  such
                               recommendations to  the Depart-
                              ment for new legislation or
                              amendments to existing legisla-
                              tion as it deems necessary to
                              ensure that hazardous  wastes,
                              in this State, are  recovered
                              where feasible, or  disposed
                              of, in a manner consistent
                              with environmental  and economic
                              considerations.
                              (9) The Department  shall not be
                              bound by any such recommendations.
                              (10) The'Committee  shall prepare
                              and submit interim  reports to
                              the Director, Governor, and

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                               STATE  OF  OKLAHOMA
                                     (Proposed)
                                      STATE OF OREGON
                                     U.S. ENVIRONMENTAL
                                     PROTECTION  AGENCY-
                                          DRAFT NO. 1
           NATIONAL
SOLID  WASTE MANAGEMENT
ASSOCIATION-DRAFT NO.-6
(INSPECTIONS, RIGHT of
 ENTRY]
 (LIABILITY]
Section 10.  The operator  of
a processing facility or dis-
posal  site shall be strictly
liable for any damages re-
sulting from operation of  the
facility or site.
                                 459.670  Monitoring and sur-
                                 veillance program; licensees'
                                 duties.   The department shall
                                 establish and operate a monitor-
                                 ing and surveillance program
                                 over all  disposal sites or
                                 may contract with any qualified
                                 public or private agency to do
                                 so.  Licensees must allow
                                 necessary access to the disposal
                                 site and  to its records, including
                                 those required by other public
                                 agencies  for such program to
                                 operate.
459.685  Liability for improper
disposition  of wastes; duty;
action by department; costs;
action to recover.  (1) Any
person having the care, custody
or control of an environmentally
hazardous waste or a substance
which would  be an environmentally
hazardous waste except for the
fact that it is not discarded,
useless or unwanted, who causes
or permits any disposition of
such waste or substance in viola-
tion of law  or otherwise than as
reasonably intended for normal
use or handling of such waste
or substance, including but not
limited to accidental spills
thereof,  shall be liable for the
damages to person or property,
public or private, caused by
such disposition.
(2) It shall be the obligation
of such person to collect, remove
or treat  such waste or substance
immediately, subject to such
direction as the department may
g i vo.
                                  Inspections;  Right of Entry
                                  Section 7:
                                  For the purpose of developing
                                  or enforcing  any regulation
                                  authorized  by this Act, any
                                  duly authorized representative
                                  or employee of the Department
                                  may, upon presentation of appro-
                                  priate credentials, at any
                                  reasonable  time,
                                  (A) Enter any place where haz-
                                  ardous wastes are generated,
                                  stored, treated, or disposed
                                  of;
                                  (B) inspect and obtain samples
                                  from any person of any such
                                  waste, including samples from
                                  any vehicle in which hazardous
                                  wastes are  being transported,
                                  as well as  samples of any con-
                                  tainers or  labeling for such
                                  wastes; and,
                                  (C) inspect and copy any records,
                                  reports, information or test
                                  results relating to the purposes
                                  of this Act.
 (7) Inspection.   For the  purpose
 of implementing  any regulation
 adopted pursuant to this  Act
 or enforcing the provisions
 of this Act, any person handling,
 processing or disposing of
 hazardous waste  shall  upon
 written request of the Director,
 furnish or permit the Director
 or his duly authorized repre-
 sentative at all reasonable
 times'to have access to those
 records relating specifically
 to such hazardous waste.
      (f) Ownership of hazardous
 waste shall transfer upon receipt
 of the hazardous waste unless
 otherwise provided for.

-------
(LIABILITY)
(RECORD'S, REPORTS,
 MONITORING]
                                STATE OF OKLAHOMA
                                      (Proposed)
9.   Require annual reports from
all  persons generating hazard-
ous  waste  indicating the
anount of  hazardous waste
generated, the disposal methods,
and  the disposal  sites used;
10.   Require monthly reports
from all operators of hazard-
ous  waste  facilities who rccieve
hazardous  waste for processing
or disposal, listing the .imiint,
transporter and producers of
all  hazardous waste; received;
                                       STATE  OF  OREGON
                                  (3) If such  person fails to
                                  collect,  remove or treat such
                                  waste or  substance when under
                                  an obligation  to do so as provided
                                  by subsection  (2) Of this section,
                                  the department is authorized to
                                  take such actions as are neces-
                                  sary to collect, remove or treat
                                  such waste or  substance.
                                  (4) The director shall  keep a
                                  record of all necessary expenses
                                  incurred  in  carrying out any
                                  clean-up  projects or activities
                                  authorized under subsection (3)
                                  of this section, including rea-
                                  sonable charges for services
                                  performed and equipment and
                                  materials utilized.
                                  (5) Any person who fails to
                                  collect,  remove or treat such
                                  waste or  substance immediately,
                                  when under an obligation to do
                                  so as provided in subsection (2)
                                  of this section, shall  be
                                  responsible  for the necessary
                                  expenses  incurred by the state
                                  in carrying  out a clean-up
                                  project or activity authorized
                                  under subsections (3)  and (4)
                                  of this section.
                                  (6) If the amount of state-
                                  incurred  expenses under sub-
                                  sections  (3) and (4)  of this
                                  section are  not paid to the
                                  department within 15 days after
                                  receipt of notice that  such
                                  expenses  are due and owing,
                                  the Attorney General,  at the
                                  request of the director, shall
                                  bring an  action in the  name of
                                  the State of Oregon in  any
                                  court of  competent jurisdic-
                                  tion to recover the amount
                                  specified in the  final  order
                                  of the director.
459.460  Inspection and copying
of records authorized:  excep-
tions.
(1) Except as provided  in  sub-
section (2) of this section,
any information filed or sub-
mitted  pursuant to ORS  459.410
to 459.690 shall be made avail-
able for public inspection and
copying during regular  office
hours of the department at the
expense of any person request-
ing copies.
                                      U.S. ENVIRONMENTAL
                                      PROTECTION  AGENCY-
                                           DRAFT NO. 1
Records,  Reports, Monitoring
Section 6.
(A)  The Department shall
adopt, and  revise as appro-
priate, rules which prescribe:
(1)  the establishment and
maintenance of such records;
(2)  the making of such reports:
(3)  the taking of such samp-
les, and  the performing of such
tests or  analyses;
(4)  the installing, calibrating,
use, and  maintaining of such
                                             NATIONAL
                                  SOLID  WASTE  MANAGEMENT
                                  ASSOCIATION-DRAFT  NO.  6
                                                                                                                                                           -fc.~-*3j»*j»-**k.~
(8) The Director, recognizing
the potential  relationship
between hazardous wastes and
proprietary  processes of
hazardous waste producers,
processors,  and disposers,
shall  establish procedures
to insure  that trade secrets
used by a  person regarding
methods for  generation, handling,
processing,  and disposal of
hazardous wastes, which are
disclosed  to the Director,

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                                STATE OF OKLAHOMA
                                      (Proposed)
     STATE OF OREGON
U.S.  ENVIRONMENTAL
PROTECTION AGENCY-
     DRAFT  NO.  1
                                             NATIONAL
                                  SOLID  WASTE MANAGEMENT
                                  ASSOCIATION-DRAFT NO.-6
(RECORDS,  REPORTS,
 MONITORING)
  (EMPLOYEE PROTECTION)
(2) Unless  classified by the
director as confidential, any
records, reports or information
obtained under ORS 459.410 to
459.690 shall be available to
the public.  Upon a showing
satisfactory' to the director
by any person that records,
reports or  infornation, or
particular  parts thereof, if
made public, would divulge
methods or  processes intitled
to protection as trade secrets
of such person,, the director
shall  classify such record,
report or infornation, or par-
ticular part thereof, confi-
dential. However, such record,
report or information may be
disclosed to other officers,
employes or authorized repre-
sentatives  of the state con-
cerned with carrying out ORS
459.410 to  459.690 or when
relevant in any proceedina
under ORS 459.410 to 459.690.
 monitoring equipment, or
 methods;
 (5)  the providing of such
 other information; as may  be
 necessary to actrieve the pur-
 poses of this Act.
 (B)  The provisions of this
 section shall apply to any
 person who generates, stores,
 transports, treats, or disposes
 of hazardous wastes.
 (C)  Information obtained by
 the  Department under this
 section shall be available to
 the  public, unless the Depart-
 ment certifies such informa-
 tion as being confidential.
 The  Department may make such
 certification where any person
 shows, to the satisfaction of
 the  Department, that information,
 or parts thereof, if made  public,
 would divulge methods or pro-
 cesses entitled to protection
 as trade secrets.  Nothing in
 this  subsection shall  be con-
 strued to limit the disclosure
 of information by the Depart-
 ment  to any officer,  employee,
 or authorized representative
 of the State concerned  with
 effecting this Act.

 (B) Effective six months after
 the enactment of this Act  it
 shall  be unlawful for any
 person to --
 (1) generate hazardous  wastes
 without reporting such  gen-
 eration to the Department  on
 such  forms and at such  inter-
 vals  as the  Department  may
 prescribe under this  Act;
 (2) falsify  any record,
 report, analysis, information,
 or test result required  under
 this Act.


Employee Protection
Section 14:
No person shall fire, or in
any other way discriminate
against, or cause to be fired
or discriminated against,
any employee or any authorized
representative of enployces
by reason of the  fact that
such  employee or  representative
has filed, institutod, or
Ciiu'Ujil to lir fi leil or Insti-
                                the Department or any authorized
                                representative of the Depart-
                                ment,  are  not otherwise dis-
                                closed without the consent of
                                tiie person or as required by
                                law.   "Trade secrets", as
                                used  in this Section, may
                                include, but are not limited
                                to any formula, plan, pattern,
                                process, tool, mechanism,
                                compound or procedure as we! 1
                                as production data or compila-
                                tion of information, financial
                                and marketing data, which is
                                not patented, which is known
                                only to certain individuals
                                within a commercial  concern
                                who are using it to fabricate,
                                produce or compound an article
                                of trade or a service having
                                commercial value, and which
                                gives  its  user an opportunity
                                to obtain  a business advantage
                                over competitors who do  not
                                know of it.  This provision shall
                                not preclude the dissemination of
                                aggregate  data not involving trade
                                secrets.

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                               STATE  OF  OKLAHOMA
                                      (Proposed)
STATE OF OREGON
U.S.  ENVIRONMENTAL
PROTECTION  AGENCY-
     DRAFT NO. 1
          NATIONAL
SOLID  WASTE  MANAGEMENT
ASSOCIATION-DRAFT NO. 6
 (EMPLOYEE  PROTECTION)
[INTERSTATE COOPERATION]
(MISCELLANEOUS)
                             tuted any proceeding under
                             this Act, or has testified or
                             is about to testify in any
                             proceeding resulting from
                             the administration or enforce-
                             ment of the provisions of this
                             Act, PROVIDED, that this
                             paragraph shall not apply with
                             respect to any employee who,
                             acting without direction from
                             his employer (or his em-
                             ployer's agent), deliberately
                             causes a violation of any
                             recuirement of this Act.
                             Interstate Cooperation
                             Section  15:
                             The legislature encourages
                             cooperative activities by
                             the Department with other
                             States for the improved
                             management of hazardous
                             wastes,  improved, and as
                             far as is practicable,
                             uniform  State laws relating
                             to the management of hazard-
                             ous wastes; and compacts
                             between  this and other
                             States for the improved
                             management of hazardous
                             wastes.
                            Citizen Suits
                            Section 12:
                            (A) Any person may commence a
                            civil action on his own behalf —
                            (1) against any person (including
                            this State, and any instrumental it}
                            or agency of this State) who
                            is aliened to be in violation of
                            any permit, rule, regulation,
                            standard,  or order which has
                            become effective pursuant to
                            this Act;  or,
                            (2) against the Department
                            where there is alleged a
                            failure of the Department
                            to perform any act or  duty
                            under this Act which is not
                            discretionary with the
                            Department.
                            (3) The court of general
                            jurisdiction shall have
                            jurisdiction to hear actions
                            brought under this section
                            and to enforce such permit,
                            rule, regulation, standard,
                            or onler,  nr to order  the
                                   (i)  No provision of this Act
                              shall  be  construed to prohibit
                              disposal  of hazardous wastes at
                              the site  of production or generatic
                                                                                                                                  (3) Generator Responsibilities.
                                                                                                                                  The generator of hazardous
                                                                                                                                  waste shall  be responsible for:
                                                                                                                                      (a) Properly  identifying
                                                                                                                                  waste that is hazardous by
                                                                                                                                  initiating use of  a manifest;
                                                                                                                                      (b) Properly  labeling
                                                                                                                                  hazardous waste;
                                                                                                                                      (c) Assuring  that all
                                                                                                                                  hazardous waste generated
                                                                                                                                  is treated or disposed of
                                                                                                                                  in permitted processing
                                                                                                                                  facilities or disposal
                                                                                                                                  sites;
                                                                                                                                      (d). Maintaining  records
                                                                                                                                  of the hazardous waste    •
                                                                                                                                  produced and disposed.

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                               STATE OF OKLAHOMA
                                     (Proposed]
                                     STATE  OF  OREGON
   U.S. ENVIRONMENTAL
  PROTECTION AGENCY-
       DRAFT  NO.  1
           NATIONAL
 SOLID WASTE MANAGEMENT
 ASSOCIATION-DRAFT NO. 6
(MISCELLANEOUS]
 [REPEALER)
Section  16.  All laws or  part's
of laws  in conflict herewith
are hereby repealed.
                                                                   Department to perform such
                                                                   act or duty,  as  the case
                                                                   may be.
                                                                   (B) Ho action may be brought
                                                                   under this section--
                                                                   (1) prior to  	 days after
                                                                   the alleged violation has
                                                                   occurred; or,
                                                                   (2) if the Department has
                                                                   commenced and is diligently
                                                                   prosecuting a civil or
                                                                   criminal  action  to enforce
                                                                   compliance with  such permit,
                                                                   rule, regulation, standard,
                                                                   or order', PROVIDED, that
                                                                   any person may,  as a matter
                                                                   of right, intervene in any
                                                                   such action.
Repealer
Section 17:
The following laws of this State
are hereby repealed on the
effective date of this Act:
  (4) Transporter's Responsi-
  bilities.  The transporter
  of hazardous wastes shall
  be responsible for:
       (a) Coirpleting the
  manifest form in conjunction
  with the generator of the
  hazardous waste;
       (b) Assuring that all
  hazardous wastes are brought
  to a permitted hazardous
  waste processing facility
  or disposal site if those  •
  wastes are processed or
  disposed within the State;
       (c) Maintaining records
  of hazardous wastes trans-
  ported.
  (5) Responsibilities of
  Hazardous Waste Processing
  and Hazardous Waste Disposal
  Site Operators.   The operator
  of a hazardous waste process-
  ing site and/or hazardous
  waste disposal site shall
  be responsible for:
       (a) Acknowledging receipt
  of the hazardous waste ac-
  companied by the manifest;
       (b) Assuring that all
  hazardous wastes are pro-
  cessed and/or disposed in
  accordance with  the  applicable
  regulations, standards, and
  guidelines promulgated by
  the Director;'
       (c) ilaintaining records
  of all  hazardous wastes
  processed and/or disposed.
 (7)  The Department shall encourage
 and  utilize  to  the maximum extent
 private enterprise and  invest-
 ment capital  in the planning,
 design", construction, and
 operation of  hazardous waste
 processing  facilities and disposal
 si tes.

 Section 10.   Effective Date.
 This Act shall become effective
 on 	__.


Section 11.  Repealer and/or
Savings Clause.  The following
laws of this state are hereby
repealed or. the effective
date of this Act:  (here should
be inserted the references to
other laws that are to be
repealed).  (Alternate Section 11

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(REPEALER)
(SEVERABILITY)
(EFFECTIVE DATE)
[CODIFICATION)
                              STATE OF OKLAHOMA
                                    [Proposed]
Section 15.  The provisions of
this  act are severable and  if'
any part or provision hereof
shall  be held void the decision
of the court so holding shall
not affect or impair any of
the remaining parts or provi-
sions  of this act.
Section  17.  Sections 1 through
14 of this act shall be codi-
fied in  the Oklahoma Statutes
as Sections 2657 through 2670
of Title 63 unless  there is
created  a duplication in
numbering.
                                     STATE OF OREGON
   U.S.  ENVIRONMENTAL
   PROTECTION AGENCY-
        DRAFT NO.  1
          NATIONAL
SOLID WASTE MANAGEMENT
ASSOCIATION-DRAFT NO.  6~
Severability
Section 18:
If any provision  of this Act,
or the application of any
provision of this Act to any
person or circumstances, is
held invalid, the application
of such provision to other
persons or circumstances, and
the remainder of  this Act, shall
not be affected thereby.

Effective Date
Section 19:
This Act is hereby declared an
emergency provision to protect
the health and welfare of the
inhabitants of the State and shall
therefore take effect immed-
iately upon its passage and
signature of the  Governor.
                                                                                                 Savings  Clause).   Nothing in
                                                                                                 this  Act shall  be deemed to affect,
                                                                                                 modify, amend or repeal any other
                                                                                                 law of this State or any provision
                                                                                                 thereof relating to the same subjec
                                                                                                 matter, and is  cumulative and
                                                                                                 supplemental thereto.
                                                                                                  Section 10.  'Effective Date.
                                                                                                  This Act shall  become effective
                                                                                                  on

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