§ 37-0305. Toxic chemical release form.

1. The owner or operator of each facility subject to the requirements
of this title shall complete a toxic chemical release form as published
pursuant to subsection (g) of 42 U.S.C. § 11023, as amended and
subsections (a) and (b) of 42 U.S.C. § 13106, as amended for each toxic
chemical listed pursuant to subsection (c) of 42 U.S.C. § 11023, as
amended that was manufactured or processed in quantities greater than
twelve thousand five hundred pounds per year, or otherwise used in
quantities greater than five thousand pounds per year at each facility
during the preceding calendar year. Such form shall be submitted to the
commissioner on or before July first, nineteen hundred ninety-six and
thereafter on or before July first and shall contain data reflecting
releases during the preceding calendar year.

2. The commissioner may require that submittal be on diskette or other
compatible electronic media.

3. A facility specified in section 37-0303 of this title is exempt
from the reporting requirement set forth in subdivision one of this
section if the owner or operator of the facility certifies in writing to
the commissioner that no toxic chemical is manufactured or processed in
quantities greater than twelve thousand five hundred pounds per year, or
otherwise used in quantities greater than five thousand pounds per year
at the facility. The certification must be submitted to the commissioner
by the first applicable reporting date set forth in subdivision one of
this section. Such facility is exempt from further reporting unless a
toxic chemical is manufactured or processed in quantities exceeding
twelve thousand five hundred pounds per year, or otherwise used in
quantities exceeding five thousand pounds per year at the facility. The
commissioner may request, from the owner or operator, documentation to
support a claim that a facility qualified for this exemption.