§ 37-0103. Lists of substances hazardous or acutely hazardous to public

health, safety or the environment.

1. No later than two years from the date on which this section as
hereby amended takes effect, the commissioner shall promulgate and
thereafter from time to time amend regulations consistent with the state
administrative procedure act which contain:

(a) A list of substances hazardous to the public health, safety or the
environment, as required by paragraph (b) of subdivision ten of section
71-2702 of this chapter, which meet the following criteria:

(i) because of their quantity, concentration, or physical, chemical or
infectious characteristics cause physical injury or illness when
improperly treated, stored, transported, disposed of, or otherwise
managed; or

(ii) pose a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed; or

(iii) because of their toxicity or concentration within biological
chains, present a demonstrated threat to biological life cycles when
released into the environment.

(b) A list of substances acutely hazardous to public health, safety or
the environment, as required by paragraph (b) of subdivision eleven of
section 71-2702 of this chapter, which meet the following criteria:

(i) A. have an oral LD (rat) toxicity of less than 50 milligrams per
kilogram; or

B. have an inhalation LC (rat) toxicity of less than 2 milligrams per
liter; or

C. have a dermal LD (rabbit) toxicity of less than 200 milligrams per
kilogram; or

(ii) cause or are capable of causing death, serious illness or serious
physical injury to any person or persons as a consequence of release
into the environment.

2. In promulgating a list pursuant to paragraph (a) of subdivision one
of this section, the commissioner shall include the following:

(a) substances whose manufacture, processing, contribution in
commerce, use, possession or disposal is banned, prohibited or limited
pursuant to the federal Toxic Substances Control Act (15 U.S.C. 2601 et
seq.) as of January 1, 2008, as amended from time to time;

(b) substances and pesticides whose use or possession is prohibited
pursuant to the federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 135 et seq.) as of January 1, 2008, as amended from time to time;
and

(c) substances defined as hazardous substances pursuant to the federal
Comprehensive Environmental Response, Compensation and Liability Act (26
U.S.C. 4611 et seq.; 42 U.S.C. 9601 et seq.) as of January 1, 2008, as
amended from time to time.