Legislation
SECTION 71-2719
Presumptions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 27
§ 71-2719. Presumptions.
1. Possession of fifteen hundred gallons or fifteen thousand pounds,
whichever is less, of an aggregate weight or volume of hazardous wastes
or substances hazardous to public health, safety or the environment,
shall be presumptive evidence of knowledge on the part of the person in
possession that the material is a hazardous waste or a substance
hazardous to public health, safety or the environment; and
2. Possession of five gallons or fifty pounds, whichever is less, of
an aggregate weight or volume of acute hazardous wastes or substances
acutely hazardous to public health, safety or the environment shall be
presumptive evidence of knowledge on the part of the person in
possession that the material is an acute hazardous waste or a substance
acutely hazardous to public health, safety or the environment.
1. Possession of fifteen hundred gallons or fifteen thousand pounds,
whichever is less, of an aggregate weight or volume of hazardous wastes
or substances hazardous to public health, safety or the environment,
shall be presumptive evidence of knowledge on the part of the person in
possession that the material is a hazardous waste or a substance
hazardous to public health, safety or the environment; and
2. Possession of five gallons or fifty pounds, whichever is less, of
an aggregate weight or volume of acute hazardous wastes or substances
acutely hazardous to public health, safety or the environment shall be
presumptive evidence of knowledge on the part of the person in
possession that the material is an acute hazardous waste or a substance
acutely hazardous to public health, safety or the environment.