Title 68, Health, Safety and Environmental Protection

Subject to available funding, the department may contract to make technical assistance available to assist generators and the department in carrying out this part. The assistance shall emphasize strategies to encourage hazardous waste reduction.

A plan or annual progress report developed pursuant to this part and maintained at the generating facility shall not be considered a public record under title 10, chapter 7, part 5. The board shall establish procedures to ensure that information supplied to the department, as pro…

In addition to all other enumerated powers in this chapter and chapter 211 of this title, the board is authorized to promulgate rules and regulations to effectuate the purpose of this part, and to hear appeals from orders or assessments issued by the commissioner pursuant to this…

(1) As used in this chapter, unless the context otherwise requires:(1) “Active participation in the management” or “participation in the management” or “participate in the management” means actual participation in the management or operational affairs by the holder of the securit…

A person who maintains indicia of ownership of a site, vessel or facility primarily to protect a security interest in a site, vessel or facility, and who does not participate in the management of the site, vessel or facility and is not an owner or operator of the site, vessel or …

(a) The indicia of ownership, held after foreclosure continues to be maintained primarily as a protection for a security interest; provided, that the holder did not participate in the management prior to foreclosure and its equivalents and that the holder undertakes to sell, re-l…

(a) Nothing in this part is deemed to prohibit or limit the rights of the department to clean up sites or to obtain a lien on sites, pursuant to § 68-212-209. (b) Nothing in this part is deemed to prohibit or limit the rights of the department to direct the holder to take any eme…

Nothing in this part shall be construed to require a holder of a security interest to conduct or require an environmental inspection, audit or assessment, and the liability of the holder of the security interest shall not be based on or affected by a failure to conduct an environ…

No state or local governmental agency or entity shall adopt any rule, regulation, ordinance, policy or permit condition circumventing or limiting exemptions or protections established by this part, or the exercise of such exemptions and protections.

Nothing in this part or § 68-212-202 shall be construed to limit or reduce the protection from liability for an inactive hazardous waste site or underground storage tank facility afforded to trustees, or other fiduciaries, under § 35-50-110(32), any other applicable statute, or c…

As used in this part, “commissioner” means the commissioner of environment and conservation.

The commissioner shall compile and maintain a list of certified industrial hygienists and such other persons or entities the commissioner certifies as qualified to perform the services of industrial hygienists. Such persons will test properties in which a process intended to resu…

(a) The purpose of the quarantine provided for in this section is to prevent exposure of any person to the hazards associated with methamphetamine and the chemicals associated with the manufacture of methamphetamine. (b) Any property, or any structure or room in any structure on …

The commissioner is authorized to promulgate rules concerning the inspection, testing and quarantine of property affected by this part.

Once the property has been quarantined, any party having a right, title or interest in the quarantined property, including any lienholders, may contact either a certified industrial hygienist or other person or entity certified as qualified from the list maintained by the commiss…

Any inspection, testing or quarantine conducted pursuant to this part shall be considered when calculating the appropriate restitution under § 39-17-417(c)(2)(B).

(a) Whenever any real property, or any structure or room in any structure on any real property, is quarantined by a local law enforcement agency, pursuant to § 68-212-503, due to the manufacture of methamphetamine, the local law enforcement agency quarantining the property shall …

(a) Whenever a certified industrial hygienist or other person or entity named on the commissioner's list, pursuant to § 68-212-502, determines that the property, quarantined pursuant to § 68-212-503, is safe for human use, based upon the standards prescribed pursuant to this part…

(a) Within seven (7) days of issuing an order of quarantine, the law enforcement agency that issued the order shall transmit to the commissioner at least the following information regarding the site:(1) The date of the quarantine order;(2) The county;(3) The address;(4) The name …