49-903. Development of facility

A. The director of the department of administration may contract with one or more persons for the development of a hazardous waste disposal facility. The person developing the facility is solely responsible for compliance with all federal, state and local environmental laws, ordinances and rules. In no event shall the director of the department of administration be responsible for such compliance.

B. Hazardous wastes disposed of at any facility established pursuant to this article shall not include special nuclear or by-product materials, or any radioactive waste material whose storage, transportation, treatment and disposal are regulated by the federal nuclear regulatory commission, or its successor agency, or the department of health services, or its successor agency.

C. A facility established pursuant to this article shall not incinerate hazardous waste.

D. A facility established pursuant to this article shall not accept for purposes of storage, treatment or disposal any waste that is generated outside this state and that is classified as hazardous under the laws of its state or country of origin unless the legislature does either of the following:

1. Approves an interstate or regional agreement for the safe treatment, storage or disposal of hazardous waste as prescribed by the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510), as amended.

2. Finds that the prohibition on importation is no longer in the best interests of this state due to a finding that this state is in violation of its capacity assurance plan requirements prescribed by the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510), as amended.

E. The director of the department of environmental quality shall determine those wastes that have been classified as hazardous by another state or country as of July 3, 1991. The director shall publish a list of those wastes by December 31, 1992.