Title 49, The Environment

A. A person who violates this article or any permit, rule or order issued or adopted pursuant to this article is subject to a civil penalty not exceeding twenty-five thousand dollars for each day of violation. B. The attorney general shall bring an action to recover penalties und…

A. A person who knowingly does any of the following is guilty of a class 5 felony, a person who recklessly does any of the following is guilty of a class 6 felony and a person who knowingly or recklessly manifests an extreme indifference for human life in doing any of the followi…

The attorney general may bring a civil or criminal action to enforce the provisions of this article or any statute relating to the production, distribution, storage, transportation or disposal of hazardous waste.

A. The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies collected pursuant to section 49-931 and monies collected as fees for issuing permits under section 49-922, subsection B…

A. Any record, reports or information obtained from any person pursuant to this chapter, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information or a particular part of …

A. All hazardous waste treatment, storage and disposal facilities, hazardous waste transporters and hazardous waste generators, except hazardous waste resource recovery facilities as defined in section 49-930, shall register annually with the department at the time and in the man…

A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year after the date of registration. B. The application for registration shall be accompanie…

A. The following fees apply: 1. A person that generates hazardous waste that is shipped off site shall pay a fee for each ton of waste generated. The department shall establish by rule a fee for the generation of hazardous waste that is shipped off site, including a maximum fee. …

A. A hazardous waste fuel penalty of forty cents per gallon is established for hazardous waste fuel and hazardous waste that are burned for energy recovery and that are not generated by the operation of the business of the burner. B. The director shall collect the penalty establi…

A. Any agency or political subdivision of this state which is required to select or permit a possible permanent site for any facility designed to permanently store, treat or dispose of any hazardous waste shall send written notice of the selection of the possible permanent site b…

Before a political subdivision makes a final decision on a possible permanent site for a facility specified in section 49-941, the political subdivision shall hold a public hearing in the nearest public facility in the general vicinity of the proposed permanent sites, at which in…

Before any agency grants a final permit for a facility specified in section 49-941, the agency shall: 1. If the applicant is a political subdivision, require the applicant to certify that a public hearing concerning a possible permanent site selection for the facility has been he…

The provisions of this article shall not be construed to apply to any facility which receives funding under section 201 of the federal clean water act as amended (P.L. 97-117).

In this article, unless the context otherwise requires: 1. "Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing a toxic substance or hazardous waste into or on land or water so that the toxic substance or hazardous waste or any constituent of…

A. A person who owns or operates a facility shall file a toxic data report on July 1 for the preceding calendar year if either of the following applies: 1. During the preceding calendar year, the owner or operator was required to file an annual toxic chemical release form for the…

A. A person who owns or operates a facility that meets the reporting requirements prescribed by section 49-962 shall prepare and implement a pollution prevention plan that addresses a reduction in the use of toxic substances and the generation of hazardous wastes. By January 1, 1…

A. The department shall review the submissions required under this article, including the plan and any amendments and reports, to determine if the submission is complete and correct as prescribed in sections 49-962 and 49-963. B. If a facility required to submit a plan or report …

A. The department shall establish a technical assistance program designed to assist all persons in reducing to the fullest extent possible the amount and toxicity of the hazardous waste that is generated or toxic substances that are used in this state. The assistance program may …

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information, or a particular part of the …

A. The department may not prepare or distribute public education information relating to any claims regarding household hazardous waste or substitutes for any household consumer product unless the information is competent and reliable and based on a test, analysis, research, stud…

A. A state agency that produces hazardous waste or uses toxic substances in excess of the threshold quantity and time limits prescribed in section 49-963 shall file a pollution prevention plan with the director. The pollution prevention plan shall have a goal of twenty percent re…

A. A state agency shall file a toxic data report on July 1 if the agency during the preceding calendar year generated ten thousand pounds or more of hazardous waste. For purposes of this section, the hazardous waste generated shall consist of the aggregate amount of hazardous was…