49-965. Pollution prevention technical assistance program

A. The department shall establish a technical assistance program designed to assist all persons in reducing to the fullest extent possible the amount and toxicity of the hazardous waste that is generated or toxic substances that are used in this state. The assistance program may include:

1. The establishment of a hazardous waste reduction clearinghouse of all available information concerning hazardous waste reduction, toxic substances minimization, recycling programs, economic and energy savings, and production and environmental improvements.

2. The production of workshops, conferences and handbooks on the topics described in paragraph 1 of this subsection.

3. Cooperation with university programs to develop hazardous waste reduction and toxic substances minimization curricula and training.

4. Presentation of on-site technical assistance for hazardous waste generators and toxic substances users.

5. Researching and recommending incentive programs for innovative hazardous waste management and toxic substances reduction.

6. Conducting a public education program to reduce emissions of ozone forming substances and accelerate pollution prevention technical assistance efforts to avoid ozone violations.

B. Presentation of on-site technical assistance by the department in accordance with subsection A of this section shall not be considered engineering practice as defined in section 32-101 as long as the assistance does not involve engineering calculations or design in connection with any building, machine, equipment, process, work or project and is limited to assisting in the identification of pollution prevention opportunities and potential alternatives to existing processes or practices.

C. Persons receiving on-site technical assistance pursuant to this section are solely liable for any civil or other damages arising from on-site technical assistance. This state and the department, its officers, employees and agents and any other persons assisting in providing on-site technical assistance are not liable for any civil or other damages arising from the on-site technical assistance, including damages claimed by third parties.

D. The technical assistance program shall be funded from monies allocated from the hazardous waste management fund as prescribed in section 49-927, except that the portion of the program prescribed by subsection A, paragraph 6 of this section shall be funded from monies allocated from the air quality fund as prescribed in section 49-551. Notwithstanding section 49-551, subsection C, paragraph 5, priority for funding shall be given to the portion of the program prescribed by subsection A, paragraph 6 of this section.