2258

LAWS OF MARYLAND

Ch. 550

(5)  "Hazardous substance" means any matter that
conveys toxic, lethal, or sublethal effects to plant,
aquatic, or animal life, or which may be injurious to human
health, or persists in the 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.

(6)  "Designated hazardous substance OR LOW-LEVEL
NUCLEAR WASTE hauler" means a person certified by the
Department of Health and Mental Hygiene to transport
designated hazardous substances OR LOW-LEVEL NUCLEAR WASTE
to a facility.

(7)  "LOW-LEVEL NUCLEAR WASTE" MEANS WASTES

CONTAINING OR CONTAMINATED WITH RADIOACTIVE MATERIALS

EMITTING PRIMARILY BETA OR GAMMA RADIATION. ANY SUBSTANCE
OR MATERIAL DESIGNATED AS LOW-LEVEL NUCLEAR WASTE UNDER §
689B(C) OF ARTICLE 43 OF THIS CODE. THE TERM EXCLUDES
HIGH LEVEL NUCLEAR WASTES AND TRANSURANIC WASTES.

[(7)] (8) "Operator" means any person that owns
or operates a facility whether by lease, contract, or any
other agreement.

[(8)] (9) "Resource recovery" means the recovery
of materials or energy from solid waste.

(b) (1) With the advice of the Council, the Department
of Health and Mental Hygiene shall adopt regulations to
carry out the purposes of this section. The regulations
shall be adopted after review and approval by the Secretary
of Agriculture for matters under his jurisdiction as related
to the Federal Insecticide, Fungicide and Rodenticide Act.

(2) IN CARRYING OUT ITS RESPONSIBILITIES UNDER
THIS SUBTITLE, THE DEPARTMENT SHALL TREAT HAZARDOUS WASTE
AND LOW-LEVEL NUCLEAR WASTE SEPARATELY.

(c)  The Department of Health and Mental Hygiene, in
its regulations, shall;

(1)  Identify designated hazardous substances AND
LOW-LEVEL NUCLEAR WASTE;

(2)  Establish criteria and describe tests for
identifying lethal, sublethal, and toxic effects; and
determining injurious effects of designated hazardous
substances AND LOW-LEVEL NUCLEAR WASTE;

(3)  Establish minimum design criteria for
facilities;