CHAPTER Env-Hw 900  INSPECTION AND ENFORCEMENT

 

Statutory Authority:  RSA 147-A:3; RSA 147-A:7

 

REVISION NOTE #1:

 

        Document #9367, effective 1-28-09, readopted with amendments and redesignated the former Chapter Env-Wm 900 as Env-Hw 900.  The redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.  Document #9367 replaces all prior filings for hazardous waste rules formerly in Chapter Env-Wm 900.  The numerals of the rules remained unchanged, and the source note information for the rules under Document #9367 refer to those same numbers under the subtitle Env-Wm.

 

REVISION NOTE #2:

 

        Document #13784, effective 10-21-23, adopted Part Env-Hw 904 titled “Fines Relating to Hazardous Waste Management.”  But Part Env-Hw 904 was originally adopted as Env-C 612 in Document #7204, effective 2-24-00, and was titled “Fines Relating to Hazardous and Solid Waste Management.”  Part Env-Hw 612 was readopted as an interim rule in Document #9093, effective 2-24-08, and expired 8-22-08.

 

PART Env-Hw 901  APPLICABILITY

 

        Env-Hw 901.01  Applicability.  Any person, as defined in Env-Hw 104, who is subject to the hazardous waste rules and who violates the requirements of, or refuses to comply with, any of the provisions of the rules shall be subject to the enforcement, liability, confiscation, and penalty provisions set forth in RSA 147-A.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

PART Env-Hw 902  RIGHT OF INSPECTION

 

        Env-Hw 902.01  Right of Inspection.  As authorized by RSA 147-A:7, I, the department through its personnel or other authorized representatives shall, upon presentation of appropriate credentials and at any reasonable time:

 

        (a)  Inspect any property or premises, including generator, treatment, storage, or disposal facilities and transporter vehicles and transfer facilities;

 

        (b)  Gather evidence on existing conditions and procedures;

 

        (c)  Obtain representative samples of containers, materials, or wastes;

 

        (d)  Conduct tests, analyses, and evaluations;

 

        (e)  Photograph containers, tanks, labels, processes, or conditions related to hazardous waste generation, treatment, storage, transportation, or disposal; and

 

        (f)  Inspect and copy any pertinent records, reports of information, or test results relating to the requirements of the hazardous waste rules.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

PART Env-Hw 903  INSPECTION PROCEDURE

 

        Env-Hw 903.01  Credential Presentation.

 

        (a)  In conducting investigations and inspections, department personnel or other authorized representatives shall present their credentials to the property owner or representative or to the company representative present.

 

        (b)  Upon being presented with credentials, the property owner or representative or company representative shall allow department personnel to enter the premises.  Under no circumstances shall any department personnel be required to sign a waiver or confidentiality agreement as a condition of entering and inspecting the facility.

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

        Env-Hw 903.02  Inspection Reports.  Upon conducting an investigation or an inspection, the department shall:

 

        (a)  Make a report that includes a listing of the violations found during the inspection, if any;

 

        (b)  Maintain the report on file at the department; and

 

        (c)  Provide a copy of the report to the owner or operator or the owner’s or operator’s agent, if requested, upon completion of the final inspection report.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

PART Env-Hw 904  FINES RELATING TO HAZARDOUS WASTE MANAGEMENT

 

        Env-Hw 904.01  Fines Relating to Hazardous Waste Statutory Violations.  For violating any requirement set out in RSA 147-A, the proposed fine shall be $2,000 per violation, event, unit, requirement, or provision of an administrative order, or any combination thereof.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

        Env-Hw 904.02  Fines Relating to Limited Permits.

 

        (a)  For operating an elementary neutralization unit or wastewater treatment unit without a limited permit in violation of Env-Hw 304.04, or for continuing to operate under a limited permit after its expiration date without requesting to renew the permit in accordance with Env-Hw 304.04(n), the proposed fine shall be $2,000 per unit in operation.

 

        (b)  For failing to conduct inspections of an elementary neutralization unit or wastewater treatment unit that is operating under a limited permit, in accordance with the schedule prepared pursuant to Env‑Hw 304.04(f), the proposed fine shall be $1,750 per inspection not conducted.

 

        (c)  For failing to document inspections of an elementary neutralization unit or wastewater treatment unit that is operating under a limited permit, in violation of Env-Hw 304.04(f), the proposed fine shall be $1,250 per record not maintained.

 

        (d)  For failing to submit a written report to the department within 15 days after any spill or leakage of hazardous waste from an elementary neutralization unit or wastewater treatment unit, in violation of Env‑Hw 304.04(i), the proposed fine shall be $1,000 per report not timely provided per event.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

        Env-Hw 904.03  Fines Relating to Hazardous Waste Determinations, Generator Notification, and EPA Identification Numbers.

 

        (a)  For failing to accurately determine whether a waste is a hazardous waste in violation of Env-Hw 502.01(a), the proposed fine shall be $2,000 per determination not accurately made.

 

        (b)  For failing to maintain written records supporting waste determinations made in accordance with Env‑Hw 502.01(a) in violation of Env-Hw 502.01(d), the proposed fine shall be $250 per record.

 

        (c)  For failing to notify the department prior to conducting hazardous waste activities in violation of Env‑Hw 504.02(a), the proposed fine shall be $2,000 for small and large quantity generators and $1,000 for very small quantity generators.

 

        (d)  For failing to obtain a temporary EPA identification number when a generator of hazardous waste is required to manifest hazardous waste due to a one-time, non-recurrent, temporary event that is not related to normal production processes in violation of Env‑Hw 504.04(a), the proposed fine shall be $1,000.

 

        (e)  For failing to notify the department orally or in writing of any changes to the information provided pursuant to Env-Hw 504.02(a) as required by Env-Hw 505.01(a), within 30 days of the effective date of any change, the proposed fine shall be $250 for small and large quantity generators and $100 for very small quantity generators.

 

        (f)  For failing to notify the department on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of changes to the information required in Env-Hw 504.02(a) other than those specified in Env-Hw 505.01(a), within 30 days of the effective date of any change, in violation of Env-Hw 505.01(b), the proposed fine shall be $500 for small and large quantity generators and $250 for very small quantity generators.

 

        (g)  For a very small quantity generator or small quantity generator failing to notify the department within 30 days after ceasing hazardous waste activities in violation of Env-Hw 505.04(a)(2), the proposed fine shall be $750.

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

        Env-Hw 904.04  Fines Relating to Generator Accumulation of Hazardous Waste.

 

        (a)  For failing to position each container of hazardous waste so that its hazardous waste label or marking is not hidden by walls or other containers in violation of Env-Hw 507.02(a), the proposed fine shall be $100 per container.

 

        (b)  For storing hazardous waste containers on surfaces that are not impervious in violation of Env‑Hw 507.02(b), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non‑conforming storage area.

 

        (c)  For storing hazardous waste containers in an area with a functional floor drain or manhole or in or near a sink with a functional drain present without secondary containment capable of containing the volume of the largest capacity hazardous waste container present in violation of Env-Hw 507.02(c), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.

 

        (d)  For storing hazardous waste containers outdoors without being covered to prevent precipitation from coming in contact with the top of the containers in violation of Env-Hw 507.02(e)(1), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.

 

        (e)  For failing to provide adequate secondary containment for hazardous waste containers stored outdoors in violation of Env-Hw 507.02(e)(2)a., the proposed fine shall be $1,000 per storage area.

 

        (f)  For failing to keep secondary containment covered for hazardous waste containers stored outdoors in violation of Env-Hw 507.02(e)(2)b., the proposed fine shall be $500 per secondary containment structure.

 

        (g)  For outdoor storage of hazardous waste containers within any of the distances in Env-Hw 507.02(e)(3), the proposed fine shall be between $250 and $2,000 per container based on the volume of each container.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

        Env-Hw 904.05  Fines Relating to Certified Hazardous Waste Coordinator and Very Small Quantity Generator Self-Certification Requirements.

 

        (a)  For failing to have a hazardous waste coordinator certified by the department pursuant to Env‑Hw 515 on staff and physically at the facility where the hazardous waste is generated for the hours per week specified in Env-Hw 509.04(a), the proposed fine shall be $50 for each week without a coordinator for the specified hours per week.

 

        (b)  For failing to have a hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for the time periods specified in Env-Hw 509.04(b), the proposed fine shall be $250 per 30 consecutive days without a coordinator, or $500 per year in which the facility is without a coordinator for more than 45 total working days.

 

        (c)  For failing to make available to the department upon request documentation to demonstrate that the generator is in compliance with the conditions set out in Env-Hw 509.04(a) or (b), or a combination thereof, in violation of Env-Hw 509.04(c), the proposed fine shall be $500 per request not satisfied.

 

        (d)  For failing to submit the declaration required by Env-Hw 514.03(e) by the date specified therein, the proposed fine shall be $500 per declaration not submitted.

 

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

 

         Env-Hw 904.06  Fines Relating to Manifest and Delivery Requirements for Generators.

 

        (a)  For transporting, offering hazardous waste for transport, or otherwise causing hazardous waste to be sent to a facility that is not a designated facility or not otherwise authorized to receive the generator’s hazardous waste in violation of Env-Hw 501.01(d), the proposed fine shall be $2,000 per load delivered to an unauthorized facility.

 

        (b)  For failing to use a manifest for shipments of hazardous waste in violation of Env-Hw 510.01(a), the proposed fine shall be $2,000 per shipment.

 

        (c)  For failing to forward one legible copy of the manifest, with signatures, to the department within 5 days of shipment in violation of Env-Hw 510.02(a)(5)b. and Env-Hw 510.02(b)(5)b., the proposed fine shall be $100 per manifest.

 

        (d)  For failing to properly complete a manifest for shipments of hazardous waste in violation of Env‑Hw 510.03, the proposed fine shall be $500 per shipment.

 

        (e)  For a small or large quantity generator delivering or offering hazardous waste to a facility that has not obtained an EPA identification number in violation of Env-Hw 511.01(b)(1), the proposed fine shall be $2,000 per load delivered or offered.

 

        (f)  For a small or large quantity generator delivering or offering hazardous waste to a transporter that does not possess an EPA identification number or a current and valid New Hampshire hazardous waste transporter registration in violation of Env‑Hw 511.01(b)(2), the proposed fine shall be $2,000 per load delivered or offered.

 

        (g)  For a very small or small quantity generator failing to submit the required documentation when the generator has not received a copy of the signed manifest within 60 days of shipment in violation of Env-Hw 511.01(c) or (e), the proposed fine shall be $100 per submittal not made.

 

        (h)  For a large quantity generator failing to submit an exception report when the generator has not received a copy of the signed manifest within 60 days of shipment in violation of Env-Hw 511.01(g) or (h), the proposed fine shall be $100 per report not submitted.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.09)

 

        Env-Hw 904.07  Fines Relating to Recordkeeping and Reporting Requirements for Generators.

 

        (a)  For failing to keep the manifest copies identified in Env-Hw 512.01(a)(1) for the period specified, the proposed fine shall be $750 per copy certified by the designated facility and $250 per original generator copy.

 

        (b)  For failing to keep the records identified in Env-Hw 512.01(a)(2) through (12) for the period specified, the proposed fine shall be $250 per record.

 

        (c)  For failing to notify the department of any needed corrections within 30 days of receipt of a quarterly activity report or failing to certify the report in violation of Env‑Hw 512.02(e)(2) and (3), the proposed fine shall be $250 per quarterly report.

 

        (d)  For failing to submit a certified copy of the quarterly activity report in violation of Env-Hw 512.02(e)(4), the proposed fine shall be $750 per certified copy of a quarterly report not submitted.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.10)

 

        Env-Hw 904.08  Fines Relating to Hazardous Waste Transporter Requirements.

 

        (a)  For transporting hazardous waste into or within the state of New Hampshire without having a transporter registration issued by the department in violation of Env-Hw 602.01, the proposed fine shall be $2,000 per load transported.

 

        (b)  For failing to notify the department prior to conducting hazardous waste activities in violation of Env-Hw 602.02(a), the proposed fine shall be $2,000.

 

        (c)  For transporting hazardous waste without having received an EPA identification number in violation of Env-Hw 602.02(d), the proposed fine shall be $1,000 per load transported.

 

        (d)  For failing to transport hazardous waste in accordance with the manifest requirements of 40 CFR 263.20(a) through (g) in violation of Env-Hw 604.01(a), the proposed fine shall be $2,000 per load transported.

 

        (e)  For failing to verify the generator EPA identification number in violation of Env-Hw 604.01(b), the proposed fine shall be $250 per manifest used without a valid generator EPA identification number.

 

        (f)  For failing to immediately report a discharge of hazardous waste or material in violation of Env-Hw 608.01(a), the proposed fine shall be $2,000 per discharge.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.12)

 

        Env-Hw 904.09  Fines Relating to Hazardous Waste Facilities/Hazardous Waste Transfer Facilities.

 

        (a)  For failing to notify the department prior to conducting hazardous waste activities in violation of Env‑Hw 702.01, the proposed fine shall be $2,000.

 

        (b)  For failing to notify the department of changes to notification information in violation of Env‑Hw 702.02(b), the proposed fine shall be $500 per event that caused the information to change.

 

        (c)  For delivering or offering hazardous waste to a facility that has not obtained an EPA identification number in violation of Env-Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.

 

        (d)  For delivering or offering hazardous waste to a transporter that does not possess an EPA identification number or a current and valid New Hampshire hazardous waste transporter registration in violation of Env‑Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.

 

        (e)  For failing to keep a written operating record for the period required by Env-Hw 705.01(e), the proposed fine shall be $750 per record not kept.

 

        (f)  For failing to immediately report a discharge of hazardous waste or material in violation of Env-Hw 706.01(a), the proposed fine shall be $2,000 per discharge.

 

        (g)  For failing to provide security measures at outdoor central accumulation areas in violation of Env‑Hw 708.02(a)(3), the proposed fine shall be $1,750 per area.

 

        (h)  For failing to train personnel who handle hazardous waste in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $1,750 per individual not trained for initial training and $1,000 per individual per annual review not provided.

 

        (i)  For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(1) through (d)(3), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $750 per document or record not maintained.

 

        (j)  For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(4), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $500 per document or record not maintained.

 

        (k)  For failing to post a “No Smoking” sign wherever there is a hazard from ignitable or reactive waste in violation of Env-Hw 708.02(a)(6), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per accumulation area without a “No Smoking” sign.

 

        (l)  For failing to comply with the requirements for ignitable, reactive, or incompatible waste other than those mentioned in (k) above, in violation of Env-Hw 708.02(a)(6), the proposed fine shall be $2,000 per requirement not met.

 

        (m)  For failing to mark hazardous waste containers or tanks with the words “Hazardous Waste”, words that identify the contents, all applicable EPA and NH hazardous waste numbers, an indication of the hazards of the contents, the date upon which each period of accumulation begins, or the date the onsite accumulation limit is reached, as applicable, in violation of Env-Hw 708.02(a)(9), the proposed fine for each requirement not satisfied per container or tank shall be between $25 and $500, based on the volume of each container or tank.

 

        (n)  For failing to post emergency response information in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,000, as calculated pursuant to Table 9.1, per area that lacks the required emergency response information.

 

        (o)  For failing to design, construct, maintain, and operate a facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $2,000 per violation.

 

        (p)  For failing to maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $100 per instance of obstruction.

 

        (q)  For failing to maintain spill control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where spill control equipment was required and not maintained.

 

        (r)  For failing to maintain fire control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where fire control equipment was required and not maintained.

 

        (s)  For failing to maintain an internal communication or alarm system and an external communication system in violation of Env‑Hw 708.02(a)(9), the proposed fine shall be $1,250.

 

        (t)  For failing to comply with the preparedness and prevention requirements other than those specified in (m)-(s) above, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $100 and $1,250 per requirement not met.

 

        (u)  For failing to have at least one employee designated as the emergency coordinator who is either on the facility premises or on call, with the responsibility for coordinating all emergency response measures in violation of Env-Hw 708.02(a)(10), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per facility that did not designate an emergency coordinator.

 

        (v)  For failing to maintain an adequate contingency plan in violation of Env-Hw 708.02(a)(10), the proposed fine shall be $2,000.

 

        (w)  For failing to comply with Env-Hw 708.02(a)(12) relative to closure and post-closure, the proposed fine shall be $2,000 per violation.

 

        (x)  For accumulating hazardous waste in a container that does not meet the requirements of Env‑Hw 708.03(d)(1), the proposed fine for each requirement not satisfied shall be between $100 and $1,000 based on the volume of the container.

 

        (y)  For failing to inspect areas where hazardous waste containers are stored in violation of Env‑Hw 708.03(d)(1), the proposed fine shall be $350 per inspection per area.

 

        (z)  For failing to comply with the special requirements for ignitable or reactive waste or for incompatible wastes in violation of Env-Hw 708.03(d)(1), the proposed fine shall be $2,000 per violation. 

 

        (aa)  For failing to conduct daily inspections of hazardous waste tanks in violation of Env‑Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per tank.

 

        (ab)  For failing to comply with the tank management standards other than those specified in (aa) above, in violation of Env-Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per violation.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.13); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

 

        Env-Hw 904.10  Fines Relating to Recycling of Hazardous Wastes.

 

        (a)  For failing to meet the notification requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)a., the proposed fine shall be $2,000.

 

        (b)  For failing to meet the manifest requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)b., the proposed fine shall be $1,750 per shipment received.

 

        (c)  For failing to store spent lead-acid batteries destined for reclamation in a manner designed to ensure that battery housings do not break or leak acid onto the soil or into any groundwaters or surface waters in violation of Env-Hw 809.02, the proposed fine shall be $250 per storage area.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.14)

 

        Env-Hw 904.11  Fines Relating to Requirements for All Universal Waste Handlers.

 

        (a)  For failing to manage universal waste in a way that prevents the release of the universal waste, or any component of the universal waste, to the environment in violation of Env-Hw 1102.03(b), the proposed fine shall be $1,750 per violation.

 

        (b)  For failing to keep universal waste containers closed, except to add or remove universal waste, in violation of Env-Hw 1102.03(c)(1), the proposed fine shall be $15 per container. 

 

        (c)  For failing to store universal waste in a container that is compatible with the universal waste and its contents in violation of Env-Hw 1102.03(c)(2), the proposed fine shall be $1,250 per container.

 

        (d)  For failing to store universal waste in containers that are free of defects, design characteristics, or damage that could result in leakage, spillage, or other environmental releases in violation of Env‑Hw 1102.03(c)(3), the proposed fine shall be $750 per container.

 

        (e)  For accumulating universal waste for longer than one year from the date the universal waste becomes a waste or is received from another universal waste handler in violation of Env-Hw 1102.04(a)(1), the proposed fine shall be $150 per item or per container.

 

        (f)  For failing to demonstrate the length of time that universal waste has been accumulated from the date it becomes a waste in violation of Env-Hw 1102.04(a)(2), the proposed fine shall be $1,750.

 

        (g)  For failing to cover universal waste stored outside to prevent precipitation from coming in contact with the waste or containers in which the waste is stored in violation of Env-Hw 1102.05, the proposed fine shall be $25 per item or per container.

 

        (h) For sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination in violation of Env-Hw 1102.07(a), the proposed fine shall be $1,750 per shipment.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.15)

 

        Env-Hw 904.12  Fines Relating to Requirements for Large Quantity Handlers and Very Large Quantity Handlers of Universal Waste.

 

        (a)  For failing to notify the department, before accumulating greater than or equal to 5,000 kilograms of universal waste for large quantity handlers or 20,000 kilograms of universal waste for very large quantity handlers, by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in violation of Env-Hw 1104.03, the proposed fine shall be $1,000 for large quantity handlers and $2,000 for very large quantity handlers.

 

        (b)  For failing to ensure all employees are thoroughly familiar with proper waste handling and emergency procedures relative to their responsibilities during normal operations and emergencies in violation of Env‑Hw 1104.04, the proposed fine shall be $500 per employee for large quantity handlers and $750 per employee for very large quantity handlers.

 

        (c)  For failing to keep a record of each shipment of universal waste received at the accumulation site in violation of Env-Hw 1104.05(a) and (c), the proposed fine shall be $50 per shipment for large quantity handlers and $75 per shipment for very large quantity handlers.

 

        (d)  For failing to keep a record of each shipment of universal waste sent by the universal waste handler to another facility in violation of Env-Hw 1104.06(a) and (c), the proposed fine shall be $50 per shipment for large quantity handlers and $75 per shipment for very large quantity handlers.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.16)

 

        Env-Hw 904.13  Fines Relating to Requirements for Very Large Quantity Handlers of Universal Waste.

 

        (a)  For storing universal waste outside within a 100-year floodplain in violation of Env-Hw 1105.03, the proposed fine shall be $250 per container.

 

        (b)  For failing to conduct weekly inspections of areas where universal waste is stored in violation of Env‑Hw 1105.04(a), the proposed fine shall be $50 per inspection per area.

 

        (c)  For failing to have a contingency plan on-site in violation of Env-Hw 1105.05, the proposed fine shall be $1,000.

 

        (d)  For failing to keep preparedness and prevention equipment appropriate for the types and quantities of waste being accumulated on-site at all times in violation of Env-Hw 1105.06(a), the proposed fine shall be $1,250.

 

        (e)  For failing to maintain a path to and within the universal waste storage area to allow the unobstructed movement of personnel, fire control equipment, spill control equipment, and decontamination equipment to any area of the universal waste storage area in violation of Env-Hw 1105.06(b), the proposed fine shall be $1,250 per storage area.

 

        (f)  For failing to post emergency telephone numbers and information at the nearest telephone to each universal waste pesticide storage area in violation of Env-Hw 1105.06(c), the proposed fine shall be $750 per storage area.

 

        (g)  For failing to provide security measures at all outdoor universal waste storage areas in violation of Env-Hw 1105.07(a), (b), and (c), the proposed fine for each requirement not satisfied shall be $1,000 per storage area.

 

        (h)  For failing to meet the closure requirements of Env-Hw 1105.08, the proposed fine shall be $2,000.

 

        (i)  For failing to meet the financial assurance requirements of Env-Hw 1105.09, the proposed fine shall be $2,000.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.17)

 

        Env-Hw 904.14  Fines Relating to Management of Specific Universal Wastes.

 

        (a)  For failing to label or mark universal waste batteries or containers holding batteries with the words "Universal Waste - Battery(ies)," "Waste Battery(ies)," or "Used Battery(ies)" in violation of Env-Hw 1109.04, the proposed fine shall be $10 per battery or $50 per container.

 

        (b)  For failing to label or mark containers holding universal waste pesticides with the words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)" in violation of Env-Hw 1110.05(a)(2) and Env-Hw 1110.05(b), the proposed fine shall be $100 per container.

 

        (c)  For failing to label or mark universal waste mercury-containing devices or containers holding mercury-containing devices with the words "Universal Waste - Mercury-Containing Device(s)," "Waste Mercury-Containing Device(s)," or "Used Mercury-Containing Device(s)" in violation of Env-Hw 1111.04, the proposed fine shall be $100 per device or container.

 

        (d)  For failing to place universal waste lamps in containers in violation of Env-Hw 1112.03(a), the proposed fine shall be $10 per lamp.

 

        (e)  For intentionally crushing or dismantling universal waste lamps without obtaining a permit in accordance with Env-Hw 300 in violation of Env-Hw 1112.03(b), the proposed fine shall be $2,000.

 

        (f)  For failing to label or mark containers holding universal waste lamps with the words "Universal Waste - Lamp(s)," "Waste Lamp(s)," or "Used Lamp(s)" in violation of Env-Hw 1112.04, the proposed fine shall be $50 per container.

 

        (g)  For failing to label or mark universal waste cathode ray tubes or containers holding intact, shredded, or broken universal waste cathode ray tubes with the words “Universal Waste - Cathode Ray Tubes,” “Waste Cathode Ray Tube(s),” or “Used Cathode Ray Tube(s)” in violation of Env-Hw 1113.04, the proposed fine shall be $10 per cathode ray tube or $50 per container.

 

        (h)  For failing to label or mark containers or tanks holding universal waste antifreeze with the words "Universal Waste -Antifreeze," "Waste Antifreeze," or "Used Antifreeze" in violation of Env-Hw 1114.04, the proposed fine shall be between $10 and $250 per container or tank based on the volume of each container or tank.

 

        (i)  For failing to label or mark containers holding universal waste aerosol cans with the words “Universal Waste – Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s)” in violation of Env-Hw 1115.04, the proposed fine shall be $50 per container.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.18)

 

        Env-Hw 904.15  Fines Relating to Hazardous Waste Pharmaceuticals.

 

        (a)  If a healthcare facility fails to notify the department that it is operating under Env-Hw 1300 in violation of Env-Hw 1302.02(c)(1), the proposed fine shall be $1,000.

 

        (b)  If a healthcare facility fails to notify the department that it is withdrawing from operating under Env‑Hw 1300 in violation of Env-Hw 1302.02(c)(1), the proposed fine shall be $250.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.19)

 

        Env-Hw 904.16  Fines Relating to Management of Used Oil Being Recycled.

 

        (a)  For failing to determine the total halogen content of the used oil they are handling in violation of Env-Hw 1405.02(a), the proposed fine shall be $1,500 per determination not made.

 

        (b)  For failing to maintain a record of analyses conducted or information used to comply with Env-Hw 1405.02(a) and (b) for the period specified in Env-Hw 1405.02(d)(1), the proposed fine shall be $250 per record.

 

        (c)  For failing to make a new determination of total halogen content of the used oil they are handling any time the used oil has or might have changed in violation of Env-Hw 1405.02(f), the proposed fine shall be $750 per determination not made.

 

        (d)  For failing to maintain containers and tanks of used oil to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters in violation of Env-Hw 1405.03(c), the proposed fine shall be $2,000 per violation resulting in a release of used oil, and $1,000 for violations not resulting in a release of used oil.

 

         (e)  For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(1), the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.

 

        (f)  For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(2) the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.

 

        (g)  For failing to close a container or tank of used oil in violation of Env-Hw 1405.03(d)(3), the proposed fine shall be between $50 and $500 based on the volume of the container or tank.

 

        (h)  For failing to label or mark containers, aboveground tanks, or fill pipes used to transfer used oil into underground storage tanks with the words “used oil” in violation of Env-Hw 1405.03(e), the proposed fine shall be between $25 and $250 per container, aboveground tank, or fill pipe based on the volume of each container or tank.

 

        (i)  For failing to confirm that used oil meets the limits for onsite burning in violation of Env-Hw 1406.04(a)(4), the proposed fine shall be $1,750.

 

        (j)  For failing to ensure that used oil is transported by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration in violation of Env-Hw 1406.05(a), the proposed fine shall be $2,000 per shipment.

 

        (k)  For self-transporting used oil to a facility other than a used oil aggregation point, commercial used oil collection center, or a facility authorized under the destination state’s rules to handle the used oil in violation of Env-Hw 1406.05(d)(4), the proposed fine shall be $2,000 per shipment.

 

        (l)  For failing to maintain a record of each used oil shipment in the form of a log, invoice, manifest, bill of lading, or other shipping document in violation of Env-Hw 1406.06(a), the proposed fine shall be $250 per record.

 

        (m)  For failing to include on the documentation required in Env-Hw 1406.06(a), the information required by Env-Hw 1406.06(a)(1)-(4), the proposed fine shall be $250 for each requirement not satisfied.

 

        (n)  For failing to maintain a record of the analytical results required in Env-Hw 1406.04(a)(4) for the period specified in Env-Hw 1406.06(b), the proposed fine shall be $250 per record.

 

        (o)  For failing to register with the department prior to operating a commercial used oil collection center in violation of Env-Hw 1406.07(a), the proposed fine shall be $1,000.

 

        (p)  For failing to notify the department prior to operating a used oil transfer facility in violation of Env-Hw 1407.07(b), the proposed fine shall be $1,000.

 

        (q)  For failing to maintain a record of acceptance or delivery of used oil for the period specified in Env-Hw 1407.08(a), the proposed fine shall be $1,250 per record.

 

        (r)  For failing to notify the department prior to operating a used oil processing/re-refining facility in violation of Env-Hw 1408.03(b), the proposed fine shall be $1,000.

 

        (s)  For failing to maintain a contingency plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.05(a), the proposed fine shall be $2,000.

 

        (t)  For failing to maintain an analysis plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.08(a), the proposed fine shall be $2,000.

 

        (u)  For failing to keep the records identified in Env-Hw 1408.09(a) for the period specified, the proposed fine shall be $250 per record.

 

        (v)  For failing to notify the department prior to burning used oil in violation of Env-Hw 1409.05(b), the proposed fine shall be $1,000.

 

        (w)  For failing to keep the records identified in Env-Hw 1409.08(a) for the period specified, the proposed fine shall be $250 per record.

 

        (x)  For failing to notify the department prior to marketing used oil fuel in violation of Env-Hw 1410.05(b), the proposed fine shall be $1,000.

 

        (y)  For failing to keep the records identified in Env-Hw 1410.07(a) for the period specified, the proposed fine shall be $250 per record.

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25; ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

 

        Env-Hw 904.17  Fines Relating to Violations with No Scheduled Fine.

        (a)  For the purposes of this section, the following definitions shall apply:

 

(1)  “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

 

(2)  “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

 

(3)  “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

 

(4)  “Minor potential for harm” means a small likelihood of causing harm to human health or the environment;

 

(5)  “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met; and

 

(6)  “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment.

 

        (b)  For violating the requirements of, or refusing to comply with, any of the provisions of Env‑Hw 100 et seq. or RSA 147-A not otherwise identified in this part, the proposed fine for each violation shall be calculated pursuant to Table 9.1 below, based on the potential for harm and the extent of deviation from the requirement.

 

Table 9.1:  Matrix for Calculated Fines – Maximum Fine $2,000

 

 

Minor Deviation from Requirement

Moderate Deviation from Requirement

Major Deviation from Requirement

Minor Potential for Harm

range: $100 to $500 default: $250

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

Moderate Potential for Harm

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

Major Potential for Harm

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

$2,000

 

Source.  #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.20); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

 

        Env-Hw 904.18  Administrative Fine Hearings.  Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24.

 

Source.  #14527, eff 2-28-26, EXPIRES: 2-28-36

 

 

Appendix A:  State Statutes, Federal Regulations Implemented

 

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 900

RSA 147-A:17-a, I(a)

 

Env-Hw 901 – Env-Hw 903

RSA 147-A:7

 

Env-Hw 904.09; Env-Hw 904.16; Env-Hw 904.17; Env-Hw 904.18

RSA 147-A:17-a, I

N/A

 

 

Appendix B: Incorporation by Reference Information

[none in this Chapter]

 

 

Appendix C:  State Statutory Definitions

RSA 147-A:2

          III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

          IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

          VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

          VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a)  Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1)  Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2)  Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b)  Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

          VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

          X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

          XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

          XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

          XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

          XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

          XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

          XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

          XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

          XVI. “Transporter” means any person who transports hazardous waste.

          XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

          XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

          III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

         XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

 

 

Appendix D:  Federal Definitions and regulations

 

40 CFR 260.4

(a)  In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1)  Complete the facility portion of the applicable manifest;

(2)  Sign and date the facility certification;

(3)  Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4)  Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a)  For purposes of this section, “state-only regulated waste” means:

(1)  A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2)  A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b)  In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1)  Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2)  Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

          (1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

          (ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

          (iii)  While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

          (iv)  The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

          (2)  The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

          (1)  Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

          (2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof.  However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

          (1)  Is a new animal drug under FFDCA section 201(w), or

          (2)  Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

          (3)  Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii) 

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

 

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

        (1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

        (2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

        (1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

        (2) Undispensed; and

        (3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

          (i) The generator of the recalled pesticide agrees to participate in the recall; and

          (ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2) 

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and

 

Appendix E:  Emergency telephone numbers

 

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day