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DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions
Toxics Use and Hazardous Waste Reduction Law, (Original Law, Chapter 26).
Section 2303. Toxics use, toxics release and hazardous waste reduction goals.
Question: If a facility did not become subject to the reporting requirements of the "original TUR Law" until after the year 1990 (the year the original law was passed), is the facility required to meet the 30% reduction goal for toxics used or released, or hazardous waste generated, by January 1, 1998?
Response: Once a company exceeds the reporting thresholds specified in Section 2304-A of the Toxics Law, they are required to immediately begin the reduction planning process and to submit a biennial progress report to the Department by the next required date (due by July 1st of every even numbered year).
Given that the required reduction goals of the original law were phased in incrementally over time (10% by 1994, 20% by 1996, and 30% by 1998), it is clear that the intent of the law was to allow companies to gradually modify their activities to achieve reductions. Therefore, it is the Department's interpretation that facilities that became subject to the law after 1990, are allowed to meet an adjusted reduction goal to account for the reduced amount of time they have to make reductions.
The 30% reduction goal can be reduced according to the following prorated schedule derived from the following calculation:
10% reduction divided by 4 years (1990-1994) = 2.5% per year, for the first
4 years.
10% reduction divided by 2 years (1994-1996) = 5% reduction for the next two
years.
10% reduction divided by 2 years (1996-1998) = 5% reduction for the next two
years.
|
Year Company Exceeded Toxics Program |
Required 1998 Reduction Goal |
|---|---|
|
1990 |
30% |
|
1991 |
25% |
|
1992 |
20% |
|
1993 |
15% |
|
1994 |
10% |
|
1995 |
7.5% |
|
1996 |
5% |
|
1997 |
2.5% |
|
1998 |
0% |
The above reductions are calculated from the baseline dates specified in Section 2303 of the "original TUR Law". If a facility does not have accurate baseline data for the years specified in the law, see Advisory Opinion #11.