Section 2322 - DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [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. [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 [2009, c. 579, Pt. A, §3(NEW).]B. Located in the State. [2009, c. 579, Pt. A, §3(NEW).] [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. [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. [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. [2009, c. 579, Pt. A, §3(NEW).]
6.Safer alternative. "Safer alternative" has the same meaning as in section 1691, subsection 12. [2009, c. 579, Pt. A, §3(NEW).]
7.SARA. "SARA" means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499. [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. [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. [2009, c. 579, Pt. A, §3(NEW).]
Amended by 2011, c. 319,§ 12, eff. 9/28/2011.2009, c. 579, Pt. A, §3 (NEW) .