HARRY HUGHES, Governor                              2105

(G) FACILITY PERMIT.

"FACILITY PERMIT" MEANS A PERMIT ISSUED BY THE
DEPARTMENT TO ESTABLISH, OPERATE, OR MAINTAIN A CONTROLLED
HAZARDOUS SUBSTANCE FACILITY.

REVISOR'S NOTE: This subsection is new language added
for clarity.

In this subsection, the functions "establish,
operate, or maintain" are implied from the
prohibition in former Article 43, § 689C on
establishing or operating a facility and in
former NR § 8-1413.2 to operating or maintaining
a facility.

(H) HAULER CERTIFICATE.

"HAULER CERTIFICATE" MEANS A CERTIFICATE ISSUED BY THE
DEPARTMENT THAT PERMITS A PERSON TO BE A CONTROLLED
HAZARDOUS SUBSTANCE HAULER.

REVISOR'S NOTE: This subsection is new language added
for clarity.

(I) HAZARDOUS SUBSTANCE.

(1) "HAZARDOUS SUBSTANCE" MEANS ANY SUBSTANCE
THAT:

(I)  CONVEYS TOXIC, LETHAL, OR OTHER
INJURIOUS EFFECTS OR WHICH CAUSES SUBLETHAL ALTERATIONS TO
PLANT, ANIMAL, OR AQUATIC LIFE;

(II)  MAY BE INJURIOUS TO HUMAN BEINGS; OR

(III)  PERSISTS IN THE ENVIRONMENT.

(2) "HAZARDOUS SUBSTANCE" INCLUDES ANY MATTER
IDENTIFIED AS A "HAZARDOUS WASTE" BY THE ENVIRONMENTAL
PROTECTION AGENCY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former NR §
8-1413.2(a)(5).