A. A person who owns or operates a facility shall file a toxic data report on July 1 for the preceding calendar year if either of the following applies:

1. 1. During the preceding calendar year, the owner or operator was required to file an annual toxic chemical release form for the facility pursuant to section 313 of the superfund amendments and reauthorization act of 1986 (P.L. 99-499).
2. 2. During the preceding calendar year, the facility generated an average of one kilogram per month of acutely hazardous waste as defined in 40 Code of Federal Regulations part 261 or an average of one thousand kilograms per month of hazardous waste in a calendar year, exclusive of an episodic, accidental or remediation related release or occurrence.

B. The owner or operator of a facility shall file the report prescribed in subsection A of this section on July 1 each year for the preceding calendar year until either of the following applies:

1. 1. The facility ceases operation.

2. 2. The facility does not meet the requirements of both:

   1. (a) Subsection A, paragraph 1 of this section.
   2. (b) Subsection A, paragraph 2 of this section, for two consecutive years.

C. The toxic data report required in subsection A of this section shall include both of the following:

1. 1. The report form required by the United States environmental protection agency pursuant to 42 United States Code section 13106.
2. 2. Any annual progress report required to be submitted pursuant to section 49-963.