§ 2322

§2322. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 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. [PL 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 [PL 2009, c. 579, Pt. A, §3 (NEW).]B. Located in the State. [PL 2009, c. 579, Pt. A, §3 (NEW).][PL 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

ystem 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. [PL 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. [PL 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. [PL 2009, c. 579, Pt. A, §3 (NEW).] 6. Safer alternative. 'Safer alternative' has the same meaning as in section 1691, subsection 12. [PL 2009, c. 579, Pt. A, §3 (NEW).] 7. SARA. 'SARA' means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499. [PL 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

l' 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. [PL 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. [PL 2009, c. 579, Pt. A, §3 (NEW).] SECTION HISTORY PL 2009, c. 579, Pt. A, §3 (NEW). PL 2011, c. 319, §12 (AMD).