Title 19, Health

[§342H-42] Prohibition. On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid plastic container unless the product has a label indicating the plastic resin used to produce the plastic bottle or rig…

§342H-5 Variances. (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to applicable standards, and such other informat…

[PART IV.] MUNICIPAL SOLID WASTE LANDFILL CRITERIA [§342H-51] Definitions. Unless otherwise explicitly stated, the definitions provided in section 342H-1 shall control the meaning of the terms used in this part. As used in this part, unless the context otherwise requires: "Commer…

§342H-52 Prohibitions; buffer zones. (a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining…

[§342H-53] Applicability and requirements. (a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991. (b) Municipal solid waste landfill units that receive waste after October 9, 1991, but stop receiving …

[§342H-54] Public participation. The director may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective action remedies, and related matters. Such rules may require appli…

[§342H-55] Rules; specific. The director may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care of municipal solid waste landfill units. In addition, the dir…

[§342H-56] Other powers. In addition to any other power or duty prescribed by law or this part, the director may establish by rule a municipal solid waste landfill program that meets or exceeds the standards, criteria, and requirements set forth in the federal municipal solid was…

[§342H-57] Intervention. Any person shall have the right to intervene in any civil action to enforce the provisions of this part if the person has an interest that is, or may be, adversely affected. [L 1992, c 245, pt of §1]

[§342H-6] Inspection of premises. The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard…

§342H-7 Enforcement. (a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter, the director may do any one or more of …

§342H-8 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the disposal of solid waste or any combination of discharges of other…

§342H-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall consti…

[PART I. LEAD ACID BATTERIES] §342I-1 Lead acid batteries; disposal prohibited. (a) No person may: (1) Place a used lead acid battery in mixed municipal solid waste; or (2) Discard or otherwise dispose of a lead acid battery, except by delivery to: (A) A lead acid battery retaile…

[§342I-1.5] Disposal of electrolyte; prohibited. No person shall dispose of electrolyte from any used lead acid battery onto the ground or into sewers, drainage systems, surface or ground waters, or ocean waters. [L 1991, c 201, pt of §1]

§342I-2 Lead acid batteries; collection for recycling. A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the State shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, u…

[§342I-2.5] Recycling. Any person accepting lead acid batteries for disposal shall: (1) Transport the lead acid batteries, with the liquid electrolyte intact, to a transfer facility; provided that the facility is in compliance with the accumulation provisions of section 342I-4; (…

[PART II.] USED MOTOR VEHICLE TIRE RECOVERY §342I-21 Definitions. As used in this part unless the context otherwise requires: "Authorized tire collection facility" means any facility permitted by the department under chapter 342H as a tire collection facility which may collect an…

[§342I-22] Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited. (a) No person shall place a whole motor vehicle tire in mixed municipal solid waste, or shall discard or otherwise dispose of a motor vehicle tire except by delivery to any motor…

§342I-23 Motor vehicle tires; collection for recycling. (a) Each tire retailer shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer. (2) Post written…

[§342I-24] Inspection of motor vehicle tire retailers. In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply wit…

§342I-25 Motor vehicle tire wholesalers. Any person selling new motor vehicle tires at wholesale shall accept at the point of transfer, in a quantity at least equal to the number of new tires purchased by a customer, used motor vehicle tires offered by the customer. A motor vehic…

[§342I-26] Registration and recordkeeping requirements. (a) All facilities that accept used tires, including but not limited to tire retailers, wholesalers, transporters, collectors, and recyclers, shall maintain, for a minimum of three years, records that provide, at least, the …

§342I-28 Tire inventory records and payment. (a) Payment of the motor vehicle tire surcharge shall be made quarterly based on inventory records of the importers except for those importers subject to subsection (c) or (d). The dates September 30, December 31, March 31, and June 30…

[§342I-29] Deposit into environmental management special fund. The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited i…

§342I-3 Inspection of lead acid battery facilities. The department of health shall produce, print, and distribute the notices required by section 342I-2 to all places where lead acid batteries are offered for sale at retail. In performing its duties under this part, the departmen…

[§342I-30] Recovery of costs. (a) Any costs incurred and payable from the fund as a result of tire cleanups and associated environmental assessments and remediation shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. …

[§342I-31] Contract for administrative services. The department may contract the services of a third party to administer the motor vehicle tire program under this part. [L 2000, c 173, pt of §1]

[§342I-32] Entry and inspection of facilities. The department or other authorized party may enter and inspect any building or place, according to law at a reasonable time, for the purpose of: (1) Investigating an actual or suspected violation of this part; (2) Conducting reasonab…

[§342I-33] Enforcement. The department of health shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in circuit environmental court against persons who fail to comply with the requiremen…

[§342I-34] Penalties. (a) For each violation of this part, a violator shall be subject to a penalty of not more than $10,000 for each separate offense. However, the failure to post the notice required under section 342I-23, following a warning issued by an authorized employee of …

[§342I-35] Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 2000, c 173, pt of §1]

§342I-4 Lead acid battery wholesalers. Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers. Except a…

[§342I-5] Enforcement. The department of health shall enforce this part. [L 1989, c 281, pt of §1]

[§342I-6] Recordkeeping. All facilities accepting five or more lead acid batteries per day from an individual shall maintain records for three years that provide, at a minimum, the following information: (1) The name, phone number, and address of the person from whom the batterie…

[§342I-7] Entry and inspection of records. The director of health may enter and inspect any building or place for the purpose of: (1) Investigating an actual or suspected violation of this part; (2) Conducting reasonable tests; (3) Taking samples; and (4) Reviewing and copying re…

§342I-8 Penalties. (a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of…

[§342I-9] Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund, established by section 128D-2. [L 1991, c 201, pt of §1]

PART I. PREAMBLE [§342J-1] Legislative policy; program priorities. The legislature finds that hazardous waste must be managed in a manner that protects the health, safety, and welfare of the citizens of the State and protects and conserves the State's natural resources and enviro…

§342J-10 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342J-9(a) and (b). (b) Factors to be…

[§342J-10.5] Disposition of collected fines and penalties. Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §5]

[§342J-10.6] Guarantors. (a) In a case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any [environmental court] cannot be obtained over an owner or operator …

§342J-11 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to: (1) Address any release of hazardous waste or any hazardous waste constituent pursuant to section 342J-36; (2) …

[§342J-12] Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the acti…

§342J-13 Fees. The director may establish reasonable fees for the issuance of permits to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (not including court costs or other costs associated with any formal enfor…

§342J-14 Public records; confidential information; penalties. (a) For purposes of this chapter, chapter 92F applies to the determination of the types of information that should be made available to members of the public provided that any information that would be required to be d…