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
-------
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
-------
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
-------
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.
-------
-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]
-------
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.
-------
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.
-------
-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.
-------
-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.
-------
-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.
-------
-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
-------
-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.
-------
-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
-------
-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
abovePenalty
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
-------
-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.
-------
-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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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 ...
-------
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
-------
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.
-------
(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.
-------
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.
-------
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.
-------
(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.
-------
(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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
(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).
-------
<»*"»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
-------
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.
-------
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.
-------
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.
-------
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.
-------
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
-------
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
-------
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,
-------
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.
-------
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.
-------
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
-------
(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
------- |