§ 19-0306. Municipal solid and regulated medical waste incineration\n facilities.\n 1. Definitions. When used in this section:\n a. "Municipal solid waste incineration facility" means a facility that\nis owned, operated, or utilized by, or under contract with, a\nmunicipality or political subdivision and which utilizes high\ntemperature thermal destruction technologies, including combustion for\nthe recovery of thermal value or for the disposal of municipal solid\nwaste.\n b. "Solid waste" means any materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owner\nat the time of such discharge or rejection, except sewage and other\nhighly diluted water carried materials or substances and those in\ngaseous form.\n c. "Regulated medical waste incineration facility" means an\nincinerator which is operated or utilized for the disposal or treatment\nof regulated medical waste, as defined in title 15 of article 27 of this\nchapter and which may utilize high temperature thermal destruction\ntechnologies, including combustion for the recovery of thermal value.\n 2. Within thirty days of the effective date of this section and\npursuant to the state administrative procedure act, the commissioner\nshall, in consultation with the commissioner of health, propose final\ndraft operating requirements for emissions of air contaminants from\nmunicipal solid waste incineration facilities. Such operating\nrequirements shall be effective and shall apply to municipal solid waste\nincineration facilities for which a permit to construct has been issued\nand final engineering drawings have been accepted by the commissioner\nafter one hundred twenty days after such operating requirements have\nbeen formally promulgated. Such operating requirements shall govern the\noperation and management of such facilities with respect to air\ncontamination, and shall include but not be limited to provisions for:\n a. Maintenance of a minimum incineration temperature and the means and\nlocation at which such temperature shall be measured;\n b. Residence or exposure time for incineration;\n c. Appropriate levels of control for acid gas, sulfur dioxide, oxides\nof nitrogen, and hydrochloric acid with regard to the following:\n (i) the level of protection provided the public health and\nenvironment;\n (ii) the likely or potential reductions of acid gas emissions from a\nseparate, nearby source of such emissions as a result of a proposed\nfacility becoming operational;\n (iii) the likely economic impact of such controls due to associated\ncapital and operating costs, and in relation to alternative solid waste\nmanagement options, including landfilling; and\n (iv) the appropriateness of reduced or modified levels of such\ncontrols for smaller facilities;\n d. Combustion efficiency;\n e. Monitoring of emissions for toxic air contaminants, or surrogates\nthereof where appropriate, to determine compliance with permit emission\nlimits twice within the first eighteen months of operation and once each\nwithin the next two eighteen month intervals and subsequently at the\ndiscretion of the commissioner, and following any detection of permit\nviolations in a manner to be determined by the commissioner;\n f. Continuous monitoring for oxygen, carbon monoxide, carbon dioxide,\nopacity and temperature;\n g. Sampling and testing of the combined ash and dust residue at least\nannually to determine appropriate disposition or disposal based on\nrelative toxicity; provided, however, that separate testing of ash and\ndust shall be required if they are not mixed prior to disposal.\n 3. The department shall undertake further investigation of appropriate\ncooling methods for achieving the condensation and collection of air\ncontaminants and of the necessity for, and appropriate means of,\nregulating fine particulates. Upon such investigation, the commissioner\nshall issue a report on his findings and may promulgate appro
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