§2322. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
1.
Alternative.
"Alternative" means a substitute process, product, material, chemical, strategy or a combination of these that serves a purpose functionally equivalent to that of a priority toxic chemical used by a commercial and industrial facility.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
2.
Commercial and industrial facility or facility.
"Commercial and industrial facility" or "facility" means an entity:
A.
With an economic sector or industry code under the North American Industry Classification System of the United States Department of Commerce, United States Census Bureau; and
[PL 2009, c. 579, Pt. A, §3 (NEW).]
B.
Located in the State.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
[PL 2009, c. 579, Pt. A, §3 (NEW).]
3.
Environmental management system.
"Environmental management system" means a part of an overall management system of a facility and includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of the facility through documented systematic procedures.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
4.
Priority toxic chemical.
"Priority toxic chemical" means a chemical that has been identified by the department pursuant to section 2323.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
5.
Reasonably available.
"Reasonably available" means practicable based on cost, efficacy, availability and other factors as determined by the department.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
6.
Safer alternative.
"Safer alternative" has the same meaning as in section 1691, subsection 12.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
7.
SARA.
"SARA" means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
8.
Toxic chemical.
"Toxic chemical" means a chemical that has been identified as a chemical of concern pursuant to section 1693 or a chemical the use or release of which is subject to reporting under the SARA, Title III, Section 312 or 313.
[PL 2011, c. 319, §12 (AMD).]
9.
Use.
"Use" means to manufacture, process or otherwise use a priority toxic chemical or to use a product or material that contains a priority toxic chemical if so designated by the department in rules adopted under this chapter.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW). PL 2011, c. 319, §12 (AMD).