13:1E-61. Criteria for new major hazardous waste facilities; failure to meet requirements; approval; findings
a. The provisions of any other law to the contrary notwithstanding, all new major hazardous waste facilities shall be:
(1) Totally or partially constructed above existing grade;
(2) Physically accessible to inspection personnel;
(3) Designed to allow 99.9% extraction of all hazardous waste stored or disposed of therein; and
(4) Designed to prevent any significant adverse impact on the environment or public health.
b. Registration statements and engineering designs for secure landfills or other facilities which do not meet the requirements of criterion (1) or (2) of subsection a. of this section may be approved by the department only upon a finding that:
(1) All alternatives to the proposed facility design are technologically or economically impracticable;
(2) All hazardous waste to be treated, stored or disposed of in the proposed facility can be effectively monitored;
(3) The requirements of criteria (3) and (4) of subsection a. of this section will not be violated; and
(4) Such approval is consistent with the purposes and provisions of this act.
L.1981, c. 279, s. 13, eff. Sept. 10, 1981.
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