MARVIN MANDEL, Governor

1733

ENVIRONMENT; OR WHICH CAUSES SUBLETHAL ALTERATIONS TO
AQUATIC, PLANT, ANIMAL, OR HUMAN SYSTEMS THROUGH THEIR
CUMULATIVE OR IMMEDIATE REACTIONS. THE TERM INCLUDES ANY
MATTER IDENTIFIED AS A HAZARDOUS SUBSTANCE BY THE
ENVIRONMENTAL PROTECTION AGENCY IN REGULATION 40 CFR PART
116.

[[ (5) "HAZARDOUS SUBSTANCE" INCLUDES ANY
MATTER DESIGNATED AS A HAZARDOUS SUBSTANCE BY THE
ENVIRONMENTAL PROTECTION AGENCY IN REGULATION 40 CFR PART
116.]]

(6)    "DESIGNATED HAZARDOUS SUBSTANCE HAULER"
MEANS A PERSON CERTIFIED BY THE DEPARTMENT TO TRANSPORT
DESIGNATED HAZARDOUS SUBSTANCES TO A FACILITY.

(7)    "OPERATOR" MEANS ANY PERSON THAT OWNS OR
OPERATES A FACILITY WHETHER BY LEASE, CONTRACT, OR ANY
OTHER AGREEMENT.

(B)    BY JANUARY 1, 1977 THE DEPARTMENT, WITH THE
ADVICE OF THE COUNCIL, SHALL ADOPT REGULATIONS TO CARRY
OUT THE PURPOSES OF THIS SECTION. THE REGULATIONS SHALL
BE ADOPTED AFTER REVIEW AND APPROVAL BY THE SECRETARY OF
HEALTH AND MENTAL HYGIENE FOR PUBLIC HEALTH PURPOSES AND

BY THE SECRETARY OF AGRICULTURE FOR MATTERS UNDER HIS

JURISDICTION AS RELATED TO THE FEDERAL INSECTICIDE,
FUNGICIDE AND RODENTICIDE ACT.

(C)    THE DEPARTMENT, IN ITS REGULATIONS, SHALL:

(1)    IDENTIFY DESIGNATED HAZARDOUS
SUBSTANCES;

(2)    ESTABLISH CRITERIA AND DESCRIBE TESTS
FOR IDENTIFYING LETHAL, SUBLETHAL, AND TOXIC EFFECTS; AND
DETERMINING INJURIOUS EFFECTS OF DESIGNATED HAZARDOUS
SUBSTANCES;

(3)    ESTABLISH MINIMUM DESIGN CRITERIA FOR
[[DISPOSAL SITES OR STORAGE AREAS]] FACILITIES;

(4)    [[SET THE LIMITS ON]] ESTABLISH TYPES
AND QUANTITIES OF [[MATERIALS]] DESIGNATED HAZARDOUS
SUBSTANCES TO BE DISPOSED [[OR STORED]];

(5)    [[SET REQUIREMENTS]] ESTABLISH
PROCEDURES FOR MONITORING [[OF HAZARDOUS AND INDUSTRIAL
SUBSTANCES FROM THE TIME OF GENERATION TO THE TIME OF
FINAL DISPOSAL]] DESIGNATED HAZARDOUS SUBSTANCES;

(6)    SET MINIMUM REQUIREMENTS FOR OPERATION,
MAINTENANCE, MONITORING, REPORTING, AND SUPERVISION OF
FACILITIES;

(7)    SET REQUIREMENTS AND PROVIDE FOR
PROCEDURES FOR SELECTION OF DESIGNATED HAZARDOUS
SUBSTANCE DISPOSAL SITES AND DISPOSAL METHODS;