75-10-426. Disclosure statement required. (1) Subject to the provisions of subsection (4), a permit that is required for a hazardous waste management facility under 75-10-406 may not be issued, reissued, renewed, or modified without the filing of a disclosure statement as required under this section. Before an application for the issuance, reissuance, renewal, or modification of a permit under 75-10-406 for a hazardous waste management facility may be approved, the applicant shall submit to the department a disclosure statement containing the following information:

(a) the name, business address, and social security number of the applicant;

(b) a description of any civil complaint filed and administrative enforcement action taken within 5 years before the date of the application against the applicant for the violation of an environmental protection law and a statement regarding whether the complaint or action resulted in a civil or administrative penalty;

(c) a description of all judgments of criminal conviction entered against the applicant for the violation of an environmental protection law within 5 years before the date of the application; and

(d) a description of all judgments of criminal conviction for activities directly associated with a hazardous waste management facility entered against the applicant for the violation of an environmental protection law of another state within 5 years before the date of the application. For the purposes of this subsection (d), "environmental protection law of another state" means a law or administrative rule adopted pursuant to a law:

(i) regulating solid or hazardous waste or underground storage tanks; or

(ii) protecting the air or water resource.

(2) A disclosure statement, as required in subsection (1), must be executed under oath or affirmation and is subject to the penalty for perjury. The department may verify and investigate the information contained in a disclosure statement required under this section.

(3) A person required to file a disclosure statement under this section shall provide assistance or information requested by the department that is related to the statement and shall cooperate in an inquiry or investigation conducted by the department under subsection (2).

(4) (a) This section does not apply to the issuance of a temporary emergency permit under 75-10-406(5) or to the modification of a permit that does not reflect a change in the owner or operator of the hazardous waste management facility.

(b) A person is not required to comply with the provisions of 75-10-427 or this section for:

(i) the reissuance, renewal, or modification of a valid hazardous waste management facility permit issued prior to January 1, 1995; or

(ii) an application for a new hazardous waste management facility permit for a facility when a permit was issued prior to January 1, 1995, if the new permit is not because of a change in the owner or operator at that facility.

(5) For the purposes of this section, "applicant" includes a subsidiary or successor in interest with respect to the applicant.

History: En. Sec. 2, Ch. 218, L. 1995.