12-8-64
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12-8-64.
In
the performance of its duties, the board shall have and may exercise the power
to:
(1)
Adopt, promulgate, modify, amend, and repeal rules and regulations to implement
and enforce the provisions of this article as the board may deem necessary to
provide for the control and management of hazardous waste to protect the
environment and the health of humans. Such rules and regulations may be
applicable to the state as a whole or may vary from area to area, as may be
appropriate to facilitate the accomplishment of the provisions, purposes, and
policies of this article. The rules and regulations shall include, but shall not
be limited to, the following:
(A)
Rules and regulations governing and controlling standards applicable to
hazardous waste generators, hazardous waste transporters, and owners or
operators of hazardous waste treatment, storage, or disposal facilities. These
rules and regulations may include measures to ensure that hazardous waste
management practices are regulated, governed, and controlled in the public
interest. Such measures may include, but shall not be limited to:
(i)
The establishment of record-keeping procedures;
(ii)
Requirements calling for the submission of reports to the director;
and
(iii)
The establishment of monitoring practices;
(B)
Rules and regulations governing and controlling the treatment, storage, and
disposal of hazardous waste;
(C)
Rules and regulations specifying the terms, provisions, and conditions under
which the director shall issue, modify, amend, revoke, or deny permits pursuant
to this article;
(D)
Rules and regulations governing and controlling hazardous waste management;
(E)
Rules and regulations establishing procedures and requirements for the reporting
of the generation of hazardous wastes and governing and controlling the
activities of hazardous waste generators;
(F)
Rules and regulations establishing standards and procedures for the operation
and maintenance of hazardous waste facilities;
(G)
Rules and regulations establishing the use of a manifest during the generation
and handling of hazardous wastes;
(H)
Rules and regulations establishing procedures to ensure public access to records
and to ensure protection of trade secrets and confidential information, the
disclosure of which to the director is required by this article or the rules and
regulations adopted under this article;
(I)
Rules and regulations establishing procedures and requirements for the use and
disposition of hazardous waste or hazardous constituents;
(J)
Rules and regulations deleting certain solid wastes from the definition of
hazardous waste;
(K)
Rules and regulations exempting from some or all regulation certain small
quantities of hazardous waste;
(L)
Rules and regulations exempting from some or all regulation certain hazardous
wastes that are recyclable; and
(M)
Rules and regulations designating certain solid wastes as designated hazardous
wastes; and
(2)
Take all necessary steps to ensure the effective enforcement of this article.