CHAPTER Env-Sw 100 SOLID WASTE PROGRAM: PURPOSE, APPLICABILITY,
AND DEFINITIONS
Statutory Authority: RSA 149-M:7
REVISION
NOTE #1:
Document #8460-B, effective 10-28-05, readopted with
amendments and renumbered as Chapter Env-Sw 100 those
rules in Parts Env-Wm 101 and Env-Wm 102 that had contained organizational
rules on management of solid waste, including definitions. The redesignation 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 #8460-B replaced all prior filings for solid waste rules
formerly in Chapter Env-Wm 100.
The prior filings for the former rules in Env-Wm 100
containing organizational rules on management of solid waste include the
following documents:
#5172, eff 7-1-91
#5295, eff 12-24-91
#6535, INTERIM, eff 7-1-97
#6619-A, eff 10-29-97
#6894-A, eff 12-1-98
#7224,
eff 3-31-00
REVISION NOTE #2:
Document
#10593, effective 7-1-14, adopted Env-Sw 103.43
defining “vertical expansion” and Env-Sw 104.61
defining “mechanically subsidized earth ber.”
Document
#13357, effective 3-23-22, repealed Env-Sw 102.31
defining “Class A compost” and Env-Sw 102.32 defining
“Class AA compost”. The prior filing
affecting these definitions was Document #8460-B, effective 10-28-05. Document #13357 caused extensive
renumbering of existing rules in Part Env-Sw 102
which were not included in Document #13357.
Document
#14103, effective 10-23-24, adopted, readopted, readopted with
amendment, or repealed all of the rules in Chapter
Env-Sw 100. Amendments
included the deletion of certain definitions.
Document #14103 also made extensive changes in the numbering of rules
within the chapter as indicated in the source notes. Document #14103 replaces all prior filings
affecting rules in Chapter Env-Sw 100.
The former
rules in Chapter Env-Sw 100 that were repealed or
deleted by Document #14103 include the following definitions:
Env-Sw
102.09 “Approved design capacity”
Env-Sw
102.10 “Approved design volume”
Env-Sw
102.11 “Approved storage capacity”
Env-Sw
102.18 “Base flood”
Env-Sw
102.60 “Existing facility”
Env-Sw
103.11 “Geonet”
Env-Sw
103.48 “New facility”
Env-Sw
103.55 “Owner”
There were no filings affecting these
definitions since Document #8460-B, effective 10-28-05.
As organizational rules the rules in
Chapter Env-Sw 100 in Document #14103 will not expire
except
pursuant
to RSA 541-A:17, II.
PART
Env-Sw 101
PURPOSE AND APPLICABILITY
Env-Sw
101.01 Purpose. The purpose of the rules in subtitle Env-Sw is to minimize risks to the environment and public
health and safety by assuring proper management of solid waste.
Source.
(See Revision Note #1 at chapter heading for Env-Sw
100) #8460-B, eff 10-28-05; ss by #14103,
effective 10-23-24 (see Revision
Note #2 at chapter heading for Env-Sw 100)
Env-Sw
101.02 Applicability.
(a)
The rules in subtitle Env-Sw shall apply to
management of solid waste in
(b)
In subtitle Env-Sw, any requirement that
applies to a permitted facility shall be a requirement that applies to the
permittee.
(c)
In subtitle Env-Sw, any requirement that
applies to an unpermitted facility shall be a requirement that applies to the
facility owner.
(d)
The rules in subtitle Env-Sw shall not be
construed to preclude compliance with other federal or state statutes, rules,
or regulations. If a conflict arises
between the rules in subtitle Env-Sw and any federal
or state statute, rule, or regulation, the more stringent requirement(s) shall
apply.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw
101.03 Solid Waste Exclusions. The solid waste rules shall not apply to the
following wastes and materials:
(a)
Hazardous waste as defined in RSA 147-A:2, VII including a solid waste
which the generator formally declares in accordance with Env-Hw 502.01 to be a
hazardous waste and which is subsequently managed as a hazardous waste pursuant
to the requirements of RSA 147-A;
(b)
Solid or dissolved materials in irrigation return flows;
(c)
Cut or uprooted stumps buried on-site with local approval, if required,
provided that such burial locations are not located within 75 feet of any
drinking water supply;
(d)
Municipal and industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act, as
amended;
(e)
Radioactive materials as defined and regulated by the New Hampshire
rules for the control of radiation, He-P 4000;
(f)
Septage as defined in RSA 485-A:2, IX-a;
(g)
Sludge as defined in RSA 485-A:2, XI-a, namely “the solid or semi-solid
material produced by water and wastewater treatment processes, excluding
domestic septage; provided, however, sludge which is disposed of at solid waste
facilities permitted by the department shall be considered solid waste and
regulated under RSA 149-M”;
(h)
Yard waste;
(i) Bodies of deceased persons;
and
(j)
Waste-derived products which are certified for distribution and use
pursuant to Env-Sw 1500 and actively managed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw
101.04 Solid Waste Facility
Exclusions. The solid waste rules
shall not apply to a facility that has demonstrated to the department, by
complying with the registration requirements in Env-Sw
309, that it stopped receiving waste before July 10, 1981.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
PART
Env-Sw 102
SOLID WASTE RULE DEFINITIONS: A THROUGH E
Env-Sw
102.01 “100-year flood” means a flood
that has a one percent (1 in 100) chance of being equaled or exceeded in any
given year.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.02 “500-year flood” means a flood
that has a 0.2 percent,1 in 500, chance of being equaled or exceeded in any
given year.
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 102.03 “Abutter” means “abutter” as defined in RSA
149-M:4, I, namely “any person who owns property adjacent to, or across a road,
railroad, utility corridor, or watercourse from the property on which a solid
waste facility may be permitted.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.01) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.04 “Accumulated waste” means the quantity of
waste stored at a facility in excess of the storage
capacity specified in the permit or permit exemption.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.02) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.05 “Active life” means that period
of time at a facility during which solid waste is or will be received,
processed, treated, or disposed, beginning with the date of first waste receipt
and ending with the date waste is last received, processed, treated, or
disposed. The term includes both
operating and non-operating days falling between the described beginning and
ending points.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.03) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.06 “Actively manage” means to handle a waste or
material, including waste-derived products and recyclable materials, in a
controlled manner without causing:
(a)
A nuisance;
(b)
An adverse effect to the environment, public
health and safety;
(c)
Accumulations which have no identifiable destination or value; and
(d)
A loss of material value in the market place
due to material damage, degradation, or contamination.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.04) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
102.07 “Advanced recycling” means
“advanced recycling” as defined in RSA 149-M:4, I-a, namely “a
manufacturing process for the conversion of post-use polymers and recovered
feedstocks into basic raw materials, feedstock chemicals, and other products
like waxes and lubricants through processes that include pyrolysis,
gasification, depolymerization, catalytic cracking, reforming, hydrogenation,
solvolysis, and other similar technologies. For the purposes of this chapter,
the primary products of advanced recycling shall not include hydrocarbons which
are marketed, sold, or used as fuel for energy. Incidental products may be used
for fuel only within the facility. For the purposes of this chapter,
"advanced recycling" shall not be considered solid waste management,
solid waste processing, waste processing, treatment, incineration, or
combustion.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw
102.08 “Advanced recycling facility”
means “advanced recycling facility” as defined in RSA 149-M:4, I-b, namely “a facility that receives, stores, and converts post-use
polymers and recovered feedstock it receives using advanced recycling. An
advanced recycling facility shall be considered a
manufacturing facility. For the purpose of this
chapter, “advanced recycling facility” shall not include a facility, solid
waste facility, solid waste management facility, waste management facility,
processing/treatment facility, solid waste collection, storage, and transfer
facility, processing facility, treatment facility, or an incinerator.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.09 “Affiliate” means a person that directly or indirectly through one or more
intermediaries, controls or is controlled by, or is under common control with,
the applicant, registrant, or permittee.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.10 “Alternate daily cover” means a
material, other than natural soils, approved by the department for use as daily
cover.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.11 “Amended water” means water to
which a chemical wetting agent, such as a surfactant, has been added to improve
penetration of the water into asbestos or other materials to limit the
potential for airborne particulates.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24
(formerly Env-Sw 102.05) (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.12 “Applicant” means the person applying for a
permit, permit modification, certificate, waiver, or other approval pursuant to
the solid waste rules.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.07) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.13 “Application”
means information and documentation submitted to the department by an applicant
to request a permit, permit modification, certificate, waiver, or other
approval pursuant to the solid waste rules.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.08) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
102.14 “Approved bulking agent” means
any material which a facility is authorized in the permit or by the solid waste
rules to mix with waste to provide, for processing or treatment of the waste, a
source of carbon, air spaces, and liquid absorption. The term includes waste-derived products
certified for distribution and use as a bulking agent pursuant to Env-Sw 1500.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24, EXPIRES: 10-23-34 (formerly Env-Sw 102.06) (see Revision Note #2 at chapter heading for
Env-Sw 100)
Env-Sw 102.15 “Aquifer” means a geological formation, group
of formations, or part of a formation, that is capable of
yielding usable quantities of groundwater.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.12) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.16 “Asbestos” means asbestos as defined in RSA
141-E:2, I, namely “amosite, chrysotile, crocidolite, or asbestiform tremolite,
actinolite, or anthophyllite.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.13) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.17
“Asbestos-containing material (ACM)” means any material that contains any type
of asbestos in an amount greater than one percent by weight, area, or volume,
either alone or mixed with other fibrous or non-fibrous materials.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.18
“Asbestos waste” means:
(a) Any
asbestos or asbestos-containing material, product, or by-product that is
discarded or abandoned; and
(b)
Any asbestos-containing material that is collected in a
pollution control device designed to remove asbestos.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.14) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.19 “Asbestos waste site” means any site that is
not permitted to receive asbestos, where asbestos waste, either on the surface
or subsurface, is located.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05;
ss by #14103, effective 10-23-24 (formerly Env-Sw 102.15) (see Revision Note #2 at chapter
heading for Env-Sw 100)
Env-Sw
102.20 “Authorized contact” means the primary
contact associated with and designated by the facility owner, applicant,
registrant, or permittee to be the contact individual for the proposed or
existing facility.
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 102.21 “Authorized facility” means a facility
holding all requisite federal, state, or local permits, licenses, or
approvals. As applied to a New Hampshire
facility, the term includes both permitted facilities and permit-exempt
facilities which hold all requisite federal and local permits, licenses, or
approvals.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.16) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.22 “Authorized waste” means a waste that is
approved by the department for receipt by a facility, as specified in the
permit or permit exemption as applicable.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.17) (see Revision Note #2 at cha+
pter heading for Env-Sw 100)
Env-Sw 102.23 “Bill of lading” means a receipt, issued by
the transporter, listing waste and/or materials shipped.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.19) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.24 “Biologicals” means preparations made from
living organisms and their products, including vaccines and cultures, intended
for use in diagnosing, immunizing, or treating humans or animals or in research
pertaining thereto.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.20) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.25 “Body fluids” means liquid emanating or
derived from humans and limited to blood, cerebrospinal, synovial, pleural,
peritoneal, and pericardial fluids and semen and vaginal secretions.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.21) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.26 “Bottom ash” means the ash residue remaining
after combustion of solid waste, fossil fuel, wood, sludge, or other materials
in an incinerator that is discharged through and from the grates, combustor, or
stoker.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.22) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.27 “Bulky waste” means large items that cannot
be handled by normal solid waste processing, collection, or disposal methods,
such as white goods, furniture, large auto parts, tires, and, when they are not
buried on-site in accordance with RSA 149-M:4, XXII, tree stumps.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.23) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.28 “Bypass waste” means any waste that is
delivered to a processing or treatment facility but cannot be processed or
treated by the facility. The term
includes downtime waste, excess waste, unsuitable waste, and accumulated waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.24) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.29 “Call” means action by the department to
invoke the provisions of a temporary permit requiring the permittee to either
commence the facility closure proces or the process
for obtaining a permanent permit issued pursuant to RSA 149-M and the solid
waste rules for continued operation of the facility.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.25) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.30 “Cap” means the final cover placed over solid
waste at a landfill to minimize the amount of precipitation contacting the
solid waste, to prevent contact with the solid waste, and to assist in the
collection of landfill gas.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.26) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.31 “Capacity needs” means the amount of facility
capacity identified as necessary to accommodate the management of solid waste
for:
(a)
The state, as contained in the most recent version of the state solid
waste plan required by RSA 149-M:6, VI; and
(b)
A solid waste management district, as contained in the most recent
version of that district's solid waste plan required by RSA 149-M:24, IV.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.27) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.32 “Cell” means, within a landfill, the smallest
unit of subdivided area which is surrounded by berms that hydraulically
separate the cell, when active, from other cells of the landfill when such
other cells have not yet received wastes or been constructed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.28) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.33 “Certified operator” means an individual
certified pursuant to Env-Sw 1600.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss
by #14103, effective 10-23-24 (formerly Env-Sw
102.29) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.34 “Certified waste-derived product” means
“certified waste-derived product” as defined in RSA 149-M:4, II-a, namely “a constituent
of solid waste which is no longer regulated as a solid waste when certified by
the department to be recyclable for its original use or alternate uses and
which poses no greater risk to the environment, public health, and safety than
exists by producing, distributing, using, or disposing comparable products
which are not waste-derived. Products derived from advanced recycling shall not
be considered waste-derived products or require certification as waste-derived
products.” The term also includes any waste-derived
product certified for distribution and use pursuant to Env-Sw
1500.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.30) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.35 “Closure” means the procedures used to
permanently cease use of a facility, or portion thereof, in a manner that will
minimize future risks of environmental damage and includes all required
post-closure inspection, monitoring, and maintenance activities.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.31) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.36 “Coefficient of permeability” means saturated
hydraulic conductivity and is the rate of laminar flow of water through a unit
cross-sectional area of porous medium under a unit hydraulic gradient at a
standard temperature.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.32) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.37 “Collection, storage, and transfer facility” means a
facility which collects waste from any location, stores the waste for a limited
period of time, and subsequently transfers the waste
to another location without having changed the characteristics of the waste as
received except by having sorted, packaged, or compacted the waste. The term
includes “transfer station” as defined in Env-Sw
104.63, “recycling facility” as defined in Env-Sw
104.25, stockpiles of waste, and collection devices such as dumpsters.
Source. (See Revision
Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.35); ss by #14103, effective 10-23-24
(formerly Env-Sw 102.33) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.38 “Combined ash” means a mixture of bottom ash
and fly ash.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.36); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.34) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.39 “Commercial facility” means a facility which
receives waste from an unlimited service area.
The term does not include limited public and limited private facilities.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.37); ss by #14103, effective 10-23-24
(formerly Env-Sw 102.35) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.40 “Commissioner” means the commissioner as
defined by RSA 149-M:4, III, namely “the commissioner of the department of
environmental services.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.38); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.36) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.41 “Compost” means “compost” as defined in RSA
149-M:4, IV, namely “a stable, humus-like substance which is derived from a
process involving the biological decomposition of any readily biodegradable
material, such as animal manure, garbage, yard waste, septage, sludge, or other
organic solid wastes, and which can be beneficially re-used for land
application.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.39); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.37) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.42 “Composting facility” means a facility which
produces compost.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.40); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.38) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.43
“Computer” means “computer” as defined in RSA 149-M:4, IV-b.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.44 “Computer monitor” means a display device without a tuner that can
display pictures and sound and is used with a computer.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.45
“Computer peripheral” means a keyboard, mouse or any other device sold
exclusively for external use with a computer that produces input or output into
or from a computer.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.46 “Confidential business information” means
information that is exempt from disclosure under RSA 91-A:5, IV.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.41); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.39) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.47 “Construction and demolition debris” means
non-putrescible waste building materials and rubble which is solid waste
resulting from the construction, remodeling, repair, or demolition of
structures or roads. The term includes,
but is not limited to, bricks, concrete and other masonry materials, wood, wall
coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or
roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a
manner that conceals other wastes, and electrical wiring and components,
incidental to any of the above and containing no hazardous liquid or
metals. The term does not include
asbestos waste, garbage, corrugated container board, electrical fixtures containing
hazardous liquids such as fluorescent light ballasts or transformers,
furniture, appliances, tires, drums and containers, and fuel tanks.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.42); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.40) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.48 “Contingency plan” means a document
describing organized, planned, and technically-coordinated courses of action to
be followed by a facility in case of emergency or other special conditions,
such as equipment breakdowns, fire, odor, vectors,
explosion, spills, receipt or release of hazardous or toxic materials or
substances, groundwater, surface water, or air contamination attributable to a
facility, and other incidents that could threaten human health or safety or the
environment..
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.43); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.41) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.49 “Council” means the waste management council
established by RSA 21-O:9.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.44); ss
by #14103, effective 10-23-24
(formerly Env-Sw 102.42) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.50 “Cover material” means soil or other
functionally equivalent material that is placed over solid waste at a
landfill. The term does not include
materials used to construct a landfill capping system.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.45); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.43) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
102.51 “Daily cover” means the natural soils applied to the working face of a landfill at the end of each
operating day.
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 102.52 “Department” means “department” as defined by
RSA 149-M:4, V, namely “the department of environmental services.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.46); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.44) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
102.53 “Depolymerization” means “depolymerization” as defined in RSA 149-M:4,
V-a, namely “a manufacturing process where post-use polymers are broken
into smaller molecules such as monomers, oligomers, plastic or chemical
feedstocks, or other basic raw materials.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw
102.54 “Design capacity” means the quantity of waste a facility is designed to
manage, expressed as follows:
(a)
For all facilities:
(1) The maximum daily tonnage to be received at a
facility;
(2)
The average weekly tonnage to be
received at the facility during the quarter in which the most waste is
anticipated to be received; and
(3)
The design storage capacity;
(b)
For processing or treatment or transfer facilities, the rated
through-put capacity of the equipment for processing of solid waste; and
(c)
For landfills, the design volume.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.55 “Design storage capacity” means
the maximum quantity of waste, expressed in cubic yards and tons, which a
facility is designed to store, not including design volume.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw
102.56 “Design volume” means the maximum
in-place volume of waste, including cover materials, to be received at a
landfill during its active life.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.57 “Designated river” means that portion of a
river which has been specifically designated by the general court pursuant to
RSA 483:15.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.47); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.45) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.58 “Director” means the director of the division
of waste management.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.48); ss
by #14103, effective 10-23-24
(formerly Env-Sw 102.46) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.59 “Discharge” means the accidental or
intentional release, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of any solid waste or solid waste constituent, including leachate,
into or on any air, land, or water.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.49); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.47) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.60 “Disposal” means “disposal” as defined in RSA
149-M:4, VI, namely “the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste into or onto any land or water with the
possible result that such solid waste or any constituent of it may enter the
environment, be emitted into the air, or be discharged into any waters,
including groundwater.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.50); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.48) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.61 “District” means “district” as defined by RSA
149-M:4,VII, namely “a solid waste management district established under RSA
149-M:24.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.51); ss
by #14103, effective 10-23-24
(formerly Env-Sw 102.49) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.62 “District
plan” means “district plan” as defined in RSA 149-M:4, VIII, namely “the plan
developed for waste management within a district, and
approved by the department.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.52); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.50) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.63
“Diversion” means the management of solid waste by methods other than
landfilling or incineration. Diversion includes recycling, composting, reuse,
and energy recovery not involving combustion. Diversion does not include use of
materials for alternate daily cover at landfills or the incineration of solid
waste to produce energy.
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 102.64 “Division”
means the division of waste management within the department of environmental
services.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.53); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.51) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.65 “Dormant
application” means an application for which the applicant has failed to submit
the information required to complete the application within 12 months of the
date the department first notifies the applicant that the application is
incomplete.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.54); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.52) (see Revision Note #2 at chapter heading for Env-Sw
100
Env-Sw 102.66 “Downtime
waste” means any processable or treatable solid waste accumulated during a
scheduled or unscheduled shut-down of facility operations.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.55); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.53) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.67
“Electronic waste” means “electronic waste” as defined in RSA
149-M:4, VIII-a, namely “includes computer monitors containing a cathode ray
tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma
and LCD televisions, printers, cell phones, copiers, fax machines, and video
display media recorder/players.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.68 “Emergency
permit” means a permit issued pursuant to the solid waste rules which
authorizes waste management activities at a facility for a limited period of
time in response to an emergency for which no other readily available response
exists and for which a delayed response to obtain another type of permit would
result in an unnecessary risk to public health, safety, or the environment.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.56; ss by #14103, effective 10-23-24 (formerly Env-Sw
102.54) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.69 “Emergency
permit facility” means a facility authorized or requiring authorization by
issuance of an emergency permit.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.57); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.55) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.70
“Encapsulant or sealant” means a substance applied to a material, such
as friable asbestos, which controls the release of airborne fibers or
particles.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.58); ss
by #14103, effective 10-23-24
(formerly Env-Sw 102.56) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.71 “End-of-life motor vehicle” means
“end-of-life motor vehicle” as defined in RSA 149-M:4, VIII-b, namely “a wrecked, worn-out, junk,
or other motor vehicle, as defined in RSA 259:60, I, that is no longer intended for use according
to its original purpose and is destined for final disposal. The term does not
include a motor vehicle that is being kept for repair or restoration, or that
is temporarily impounded pending identification of last owner of record or
settlement of an insurance claim.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 102.72
“Endangered or threatened species” means any species protected under the
Federal Endangered Species Act or under NH RSA 212-A, Endangered Species
Conservation Act.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.59); ss
by #14103, effective 10-23-24
(formerly Env-Sw 102.57) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 102.73
“Environmental monitoring points” means locations, monitoring wells, gas
probes, and devices for sampling air, soil, groundwater, or surface water at a
facility.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.60); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.58) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.74 “Excess
waste” means solid waste which cannot be processed or treated because the
facility is operating at its approved design capacity.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.61); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.59) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 102.75 “Expansion”
means an increase in the approved design capacity, approved design volume, or
approved storage capacity of a facility.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357
(formerly Env-Sw 102.63); ss by #14103, effective 10-23-24 (formerly Env-Sw
102.61) (see Revision Note #2 at chapter heading for Env-Sw
100)
PART
Env-Sw 103
SOLID WASTE RULE DEFINITIONS: F THROUGH O
Env-Sw 103.01 “Facility”
means “facility” as defined in RSA 149-M:4, IX, namely “a location, system, or
physical structure for the collection, separation, storage, transfer,
processing, treatment, or disposal of solid waste.” The term includes “solid waste facility,” “waste
management facility”, and “solid waste management facility.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see
Revision Note #2 at chapter heading for Env-Sw 100)
Env-Sw 103.02 “Facility
identification” means, in the context of filing an application or registration
pursuant to the solid waste rules, all of the
following information for a facility:
(a) Name;
(b) Functional classification pursuant to Env-Sw 302.05;
(c) Mailing address;
(d) Permit number, if applicable;
(e) Location by street address and municipality;
and
(f) If not yet issued a permit:
(1) Local tax map and lot numbers;
(2) Deed reference by county, volume and page
numbers;
(3) A plotting on a United States Geological
Survey (USGS) topographic map, or copy thereof, prepared at a scale of 1:24,000
or 1:25,000;
(4) Latitude and longitude of a known fixed point
on the site; and
(5) Written directions from a known point of
reference in the vicinity of the facility site.
Source. (See Revision
Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24
(see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.03 “Facility
operator” means the person to whom operation of a facility, in whole or in
part, has been contracted or otherwise delegated by the permittee through
written agreement. The term does not
include certified operator as defined in Env-Sw
102.33.
Source. #14103,
effective 10-23-24 (see Revision
Note #2 at chapter heading for Env-Sw 100)
Env-Sw 103.04 “Facility owner” means a person who owns a
facility or part of a facility.
Source. #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 103.05 “Floodplain” means the land area adjoining
inland or coastal waters which is capable of being inundated by a flood.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 103.06 “Fly ash”
means the ash residue from the combustion of solid waste, fossil fuel, wood,
sludge, or other material that is entrained in the gas stream of the
incinerator and removed by the air pollution control equipment.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.04) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.07 “Food waste” means “food waste” as defined in
RSA 149-M:4, IX-a, namely “the organic residues generated by the handling,
preparation, storage, sale, and serving of foods and beverages. ‘Food waste’
includes pre-consumer and post-consumer organic residues, food scraps, and
non-petroleum oil used for food preparation provided it does not contain
sanitary wastewater.”
Source. #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 103.08 “Footprint”
means:
(a) For a permitted landfill or stockpile, the
area in which solid waste actually exists or formerly
existed, or is proposed to be placed, as authorized in the permit, regardless
of whether solid waste has actually
been deposited;
(b) For a proposed landfill or stockpile, the
area in which solid waste is to be placed as proposed in the permit
application; and
(c) For any other landfill or stockpile, the area
in which solid waste actually exists.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.05) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.09 “Friable
asbestos” means “friable asbestos material” as defined in 40 CFR 61, namely “any
material containing more than one percent asbestos as determined using the
method specified in appendix A, subpart F, 40 CFR part 763, section 1,
Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.06) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
103.10 “Gasification” means
“gasification” as defined in RSA 149-M:4, IX-c, namely “a manufacturing process
through which recovered feedstocks are heated and converted into synthesis gas
in an oxygen-deficient atmosphere and the mixture is converted into valuable
raw materials.”
Source. #14103,
effective 10-23-24 (see Revision
Note #2 at chapter heading for Env-Sw 100)
Env-Sw 103.11 “General permit” means “general permit” as
defined in RSA 149-M:4, IX-b, namely “a permit which contains terms and conditions applicable to
a specific category of facility, which applies to any facility in that category
which has submitted the required information and agreed to abide by the stated
terms and conditions.”
Source. #14103,
effective 10-23-24 (see Revision
Note #2 at chapter heading for Env-Sw 100)
Env-Sw 103.12 “Generator”
means any person whose act or process produces a waste or whose act first
causes waste to be subject to regulation.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.07) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.13 “Geocomposite” means a manufactured material using
geotextiles, geogrids, geomembranes, or combinations of same, in a laminated or
composite form.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.08) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.14 “Geogrid”
means a netlike polymeric material used with foundation, soil, rock, earth, or
any other geotechnical engineering-related material as an integral part of a
man-made structure or system to provide reinforcement to soil slopes.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.09) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.15 “Geomembrane” means an essentially impermeable
membrane used with foundation, soil, rock, earth, or any other geotechnical
engineering-related material as an integral part of a man-made structure or
system designed to limit the movement of liquid or gas into or out of the
system.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.10) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.16 “Geosynthetics” means the generic
classification of all synthetic materials used in geotechnical engineering
applications, including geotextiles, geogrids, geomembranes, and geocomposites.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.12) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.17 “Geotextile” means any permeable textile used
with foundation, soil, rock, earth, or any other geotechnical
engineering-related material as an integral part of a man-made structure or
system which is designed to act as a filter to prevent the flow of soil fines
or other particles into drainage systems, or to provide planar flow for
drainage, or to serve as a cushion to protect geomembranes, or to provide
structural support.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.13) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.18 “Groundwater” means water below the land
surface in the zone of saturation of soil or rock and includes perched water
separated from the main body of groundwater by an unsaturated zone.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.14) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.19 “Groundwater table” means the seasonally high
surface of groundwater naturally occurring at atmospheric pressure.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.15) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.20 “Hazardous
waste” means “hazardous waste” as defined in RSA 147-A:2, VII,
namely “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, 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.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.16) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.21 “Hazardous
waste rules” means the rules found in Env-Hw 100-1300.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.17) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.22 “Hearing”
means “hearing” as defined in RSA 149-M:4, X, namely “the opportunity for the
submission of written or oral comments, or both.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.18) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.23 “High
level disinfection” means inactivation of all vegetative bacteria, fungi,
lipophilic/hydrophilic viruses, parasites, and mycobacteria at a 6 Log10,
or a million-fold, reduction or greater.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.19) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.24 “Household
hazardous waste” means household waste that would be hazardous
waste if generated anywhere other than in a household.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.20) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.25 “Household
infectious waste” means infectious waste generated from non-commercial medical
treatment of individuals in personal residences, such as needles from
self-administered insulin treatments.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.21) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.26 “Identification of parties” means, in the
context of filing an application or registration pursuant to the solid waste
rules, all of the following information for the
applicant or registrant, facility operator, facility owner, and
property owner:
(a) If an individual, the individual’s name, date
of birth, mailing address, telephone number, and email address; or
(b) If other than an individual:
(1) The information required by RSA 149-M:10,
I(b);
(2) Affirmation of registration with the New
Hampshire secretary of state to do business in New Hampshire, including the
date registered, the business identification number (BIN) assigned by the New
Hampshire secretary of state, and current standing; and
(3)
The authorized contact information.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.22) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.27 “Imminent
hazard” means any condition or practice which presents a substantial and
immediate threat to human health, safety, or the environment.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.23) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.28 “Impermeable” means not permitting passage
through a substance which, when used in the solid waste rules to describe any
soil or geosynthetic component of a landfill liner or cap, means the component
has a saturated hydraulic conductivity of 1 x 10 -7 cm/sec or less.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.24) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.29 “Incinerator”
means “incinerator” as defined in RSA 149-M:4, X-a, namely “a facility which
employs a method of using controlled thermal combustion, including flame
combustion, to thermally break down waste or other materials, including
refuse-derived fuel, to an ash residue that contains little or no combustible
materials.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.25) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.30 “Inert
construction and demolition debris” means construction and demolition debris
which is comprised of materials that do not degrade, combust, or generate
leachate.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.26) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.31 “Infectious agent” means any organism, such as a
virus, bacteria, parasite, fungus, or other microbial agent which is capable of
being communicated by invasion and multiplication in body tissues and body
fluids, and capable of causing disease or adverse health impacts in humans.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.27) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.32 “Infectious waste” means any waste which
because of its infectious nature may cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or incapacitating
reversible illness or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.28) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.33 “Insignificant effect on environmental quality”
means a minimal adverse change in the quality of groundwater, surface water,
air quality, or public health, either for the short term or the long term.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.29) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.34
“Intermediate cover” means the material placed over waste at a landfill prior to constructing a
cap. The term does not include “daily cover.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 103.35 “Land owner” means the record owner of a parcel of land upon
which a facility is or is proposed to be located.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.30) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.36 “Landfill
reclamation” means the excavation of a portion or all of
a landfill for the purpose of reducing landfill volume, reducing closure and
post-closure costs by complete or partial removal of the landfill, creating
capacity, or reducing adverse environmental impacts through the mining and
separation of waste and soils into recyclable, reusable, or combustible
components. The term does not include recontouring, regrading, or relocating
existing waste at a landfill to reduce the landfill footprint or to achieve
final grades.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.31) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.37 “Landfill”
means a facility which collects and disposes of waste by landfilling
methods. The term includes facilities
that collect and store waste indefinitely.
The term does not include incinerators, land application sites, surface
impoundments, and injection wells.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.32) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.38 “Landfilling” means a method of disposing of
solid waste, by the intentional placement of the solid waste in or on land
where it will remain after closure.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.33) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.39 “Leachate”
means a liquid, including any suspended components in the liquid, which has
contacted or passed through solid waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.34) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.40 “Lift”
means a layer of compacted solid waste and the cover material immediately above
it in a landfill or other land disposal site.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.35) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.41 “Limited
private facility” means a type of “private facility” as defined in RSA 149-M:4,
XVI that is permitted to receive only wastes generated by permittee.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.36) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.42 “Limited
public facility” means a type of “public facility” as defined in RSA 149-M:4, XVIII
that is permitted to receive only wastes generated by sources that are within
the permittee’s jurisdiction or within the jurisdiction of other towns,
governmental units, agencies, political subdivisions, or districts that have
entered into a written agreement with the permittee for management of said
waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.37) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.43 “Limited
service” means the service type provided by a public or private facility which,
through the conditions of the permit, allows the facility to receive authorized
waste from specified sources only.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.38) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.44 “Liner”
means a barrier that restricts the downward or lateral flow of the overlying
waste and its constituents, or leachate.
Liners can be either natural, for instance clay, or man-made, for
instance plastic.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.39) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.45 “Liquid waste” means any waste that is determined
to contain “free liquids” as defined by Method 9095B (Paint Filter Liquids
Test), included in “Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods” (EPA Publication SW–846), Third Edition, November 1986, as amended
through Update VII, dated July 30, 2021, available as noted in Appendix B.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 103.46 “Low
permeability cap” means a cap installed for landfill closure with a
permeability of not greater than 1 x 10 -5 cm/sec.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.40) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.47 “Lower
explosive limit” means the lowest concentration by percentage in air of a
flammable gas or vapor in which an explosion can occur upon ignition at 25ºC
(78ºF) at atmospheric pressure.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.41) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.48 “Manure”
means manure as defined in RSA 149-M:4, XI, namely “animal feces and urine with
natural organic bedding materials such as hay, sawdust, straw, or wood chips,
but exclusive of human waste.” The term also includes animal feces and urine
which are not mixed with bedding or which are mixed
with newsprint that has been used as bedding.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.42) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
103.49 “Mechanically-stabilized earth
berm” means an engineered reinforced soil berm consisting of alternating layers
of compacted soil and reinforcing elements to retain earth for embankment
support.
Source. #10593,
eff 7-1-14; ss by #14103, effective 10-23-24 (formerly Env-Sw
103.43) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 103.50 “Mixed
municipal solid waste” means municipal solid waste that is not separated by
type.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.45); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.46) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.51 “Monitoring
well” means a well used for the purpose of sampling
groundwater or measuring groundwater elevations.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.43); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.44) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.52 “Monofill” means a landfill or landfill cell into which only
one type of waste is placed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.44); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.45) (see Revision Note #2 at chapter
heading for Env-Sw 100)
Env-Sw 103.53 “Motor
vehicle crusher” means “motor vehicle crusher” as defined in RSA 149-M:4, XI-a,
namely “a mechanical device used to intentionally flatten and
reduce the volume of end-of-life motor vehicles to facilitate the
transportation of such vehicles to a scrap processing facility. The term
includes both mobile and stationary devices. The term also includes loggers and
balers.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 103.54 “Motor
vehicle recycling facility” means “motor vehicle salvage facility” as defined
in RSA 149-M, XI-b, namely “a place where end-of-life
motor vehicles are received, kept and drained, dismantled, or otherwise
processed for final disposal at a scrap metal processing facility. The term
shall not include any facility that does not require a license under RSA
236:111 through RSA 236:129.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 103.55 “Municipal
solid waste (MSW)” means solid waste generated at residences, commercial or
industrial establishments, and institutions, but excluding construction and
demolition debris, automobile scrap and other motor vehicle waste, infectious
waste, asbestos waste, contaminated soil and other absorbent media, and ash
other than ash from household stoves.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.46); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.47) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.56 “Non-friable asbestos” means any asbestos
material which does not contain friable asbestos.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.48); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.49) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.57 “Non-friable category I asbestos” means “category
I nonfriable asbestos containing material (ACM)” as defined in 40 CFR 61,
namely “asbestos-containing packings, gaskets, resilient floor covering, and
asphalt roofing products containing more than one percent asbestos as
determined using the method specified in appendix A, subpart F, 40 CFR part
763, section 1, Polarized Light Microscopy.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.49); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.50) (see Revision Note #2 at chapter
heading for Env-Sw 100)
Env-Sw 103.58 “Non-friable category II asbestos” means “category
II nonfriable asbestos containing material (ACM)” as defined in 40 CFR 61,
namely “any material, excluding Category I nonfriable ACM, containing more than
one percent asbestos as determined using the methods specified in appendix A,
subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.50); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.51) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.59 “Non-landfill facility” means a facility which
is not a landfill, including collection, storage and transfer facilities,
processing or treatment facilities, and land application sites.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.51); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.52) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 103.60 “Nonpoint
sources” means pollution sources that are diffuse by nature, in that the
pollution emitted does not normally enter the environment by discrete
conveyances as do point sources.
Nonpoint sources of pollution potentially result from activities
associated with agriculture, silviculture, mining of sand and gravel, urban
storm runoff, urban and rural construction, subsurface disposal systems,
deicing salts from highways, and sludge, septage, and
solid waste disposal on the land.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.52); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.53) (see Revision Note #2 at chapter
heading for Env-Sw 100)
Env-Sw 103.61 “Open
burning” means “open burning” as defined in 40 CFR 61, namely “the combustion
of solid waste without:
(a) Control of combustion air to maintain
adequate temperature for efficient combustion;
(b) Containment of the combustion reaction in an
enclosed device to provide sufficient residence time and mixing for complete
combustion; and
(c) Control of the emissions of the combustion
products.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 103.53); ss by #14103, effective 10-23-24
(formerly Env-Sw 103.54) (see Revision Note #2 at
chapter heading for Env-Sw 100)
PART
Env-Sw 104
SOLID WASTE RULE DEFINITIONS: P
THROUGH Z
Env-Sw 104.01 “Permit”
means “permit” as defined in RSA 149-M:4, XIV, namely “an authorization from
the department for the construction and operation of a facility.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.02 “Permit-by-notification” means a permit,
obtained after supplying notification in accordance with the requirements of
Env-Sw 311, authorizing the construction and
operation of certain solid waste facilities as prescribed in Env-Sw 407, Env-Sw 507, and Env-Sw 607.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.03 “Permit-by-notification facility” means a
facility authorized or requiring authorization by issuance of a
permit-by-notification.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.04 “Permit-exempt facility” means a facility not
required by the solid waste rules to hold a permit issued pursuant to RSA
149-M, as specified by Env-Sw 302.03.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.05 “Permitted
facility” means a facility with a valid permit issued pursuant to RSA 149-M and
the solid waste rules.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.06 “Permittee” means a person to whom a permit to
operate or construct a facility is issued pursuant to the solid waste rules or,
in the case of a permit-exempt facility, the person who is responsible for
construction, operation, maintenance, closure, and post-closure monitoring of
the facility.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.07 “Permittee identification” means all of the following information for the permittee:
(a) If an individual, the permittee’s name,
permit number, mailing address, daytime telephone number, and email address; or
(b) If other than an individual, the name and
mailing address of the corporation, partnership, or association, and the
authorized contact information.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.08 “Person”
means “person” as defined in RSA 149-M:4, XV, namely “any individual; business
entity, including a trust, firm, joint stock company, corporation (including a
government corporation); partnership; association; government agency; or
political subdivision of the state.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.07) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.09 “Phase”
means, within a landfill, an area comprised of 2 or more stages
and which is surrounded by berms that hydraulically separate the phase from
other phases of the landfill when such phases have not yet received wastes or
been constructed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.08) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.10 “Preliminary plan” means a plan for a proposed
activity that provides sufficient information to determine that the proposed
activity meets the requirements of the solid waste rules, but
does not provide a level of detail or include documentation or features
sufficient to implement the proposed activity in compliance with the solid
waste rules. The term applies to design plans, operating plans, financial
assurance plans, and closure plans for facilities.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.09) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.11 “Private
facility” means a “private facility” as defined in RSA 149-M:4, XVI, namely “one
whose permit is held by a person other than a government unit or agency or
political subdivision of the state.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.10) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.12
“Post-closure care” means the inspection, monitoring, maintenance, and
repair of a facility, or any part thereof, after closure.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.13 “Post-use
polymer” means “post-use polymer” as defined in RSA 149-M:4, XV-a, namely “a
plastic to which all of the following apply:
(a) The plastic is derived from industrial,
commercial, agricultural, or domestic activities;
(b) The plastic is not mixed with solid waste or
hazardous waste;
(c) The plastic’s use or intended use is as a
feedstock for mechanical or chemical recycling; and
(d) The plastic has been sorted from solid waste
and other regulated waste but may contain residual amounts of solid waste such
as organic material and incidental contaminants or impurities such as paper
labels and metal rings.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.14 “Process”
means any activity that changes the chemical, biological, or physical
characteristics of a waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.11) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.15 “Processed
recyclable material” means a recyclable material which has been physically
sorted and separated by material type, formed into bales or otherwise
physically processed and packaged in a manner satisfying the specifications for
transportation to and acceptance by a market that will use the material for the production of certified waste-derived products.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.12) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.16 “Processing/treatment facility (P/T facility)”
means a facility which collects waste from any location, stores the waste for a
limited period of time, subsequently processes or treats the waste,
subsequently stores the processed or treated waste for a limited period of
time, and ultimately transfers the treated or processed waste to another
location. The term excludes collection,
storage, and transfer facilities, landfills and land application sites.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.13) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.17 “Property
owner” means the record owner of the parcel of land or structures, or both, where
a facility is or is proposed to be located.
The term includes “landowner.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.14) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.18 “Public
benefit” means “public benefit” as defined in RSA 149-M:4, XVII, namely “the
protection of the health, economy and natural environment of the state of
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.15) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.19 “Public
facility” means “public facility” as defined in RSA 149-M:4, XVIII, namely “one
whose permit is held by a town or other governmental unit or agency or
political subdivision of the state, or a combination thereof.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.16) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.20 “Putrescible material” means any organic
material which can decompose and give rise to foul odors and noxious
by-products.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.17) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.21
“Pyrolysis” means “pyrolysis” as defined in RSA 149-M:4, XVIII-a, namely
“a manufacturing process through which post-use polymers are heated in the
absence of oxygen, sometimes in the presence of catalysts, until thermally
decomposed and are then cooled and condensed. The resulting chemicals, when
separated from wastes, can provide raw materials for the production of plastics, lubricants, waxes, and other
industrially useful chemicals.”
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.22 “Qualified
professional engineer” means a person who is a registered professional engineer
in New Hampshire and whose formal education, training, and experience in the
field of engineering falls within the scope of the professional engineering
efforts required to be undertaken.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.18) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.23 “Recovered
feedstock” means “recovered feedstock” as defined in RSA 149-M:4, XVIII-b,
namely “one or more of the following materials that has been processed so it
may be used as feedstock in an advanced recycling facility:
(a) Post-use polymers;
(b)
Materials for which the United States
Environmental Protection Agency has made a non waste
determination pursuant to 40 C.F.R. 241.3(c), or has otherwise determined are
feedstocks and not
solid
waste;
(c)
Recovered feedstock does not include
unprocessed municipal solid waste; or
(d)
Recovered feedstock is not mixed with
solid waste or hazardous waste onsite or during
processing
at an advanced recycling facility.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.24 “Recyclable materials” means “recyclable
materials” as defined in RSA 149-M:4, XIX, namely “materials that can be used
to produce marketable goods, including but not limited to separated clear and
colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated
cardboard, motor vehicle batteries, tires from motor vehicles, and paper.” The term does not include:
(a) Hazardous waste, hazardous air pollutants,
and other waste not regulated as solid waste, as identified in Env-Sw 101.03;
(b) Waste identified as non-reusable in Env-Sw 900, including asbestos and infectious waste; and
(c)
Wastes from an unspecified production or generation process, such as
municipal solid waste incinerator ash and contaminated soils or absorbent
media.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.19) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.25
“Recycling” means “recycling” as defined in RSA 149-M:4, XX, namely “the
collection, storage, processing and redistribution of recyclable
materials.” The term excludes the
redistribution of recyclable materials for any purpose constituting disposal as
defined in RSA 149-M:4, VI, incineration, or another purpose not directly
related to the production of certified waste-derived products.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.21) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.26 “Recycling
facility” means a collection, storage, and transfer facility which collects,
stores, and prepares recyclable materials for market and transfers processed
recyclable materials to markets for recycling.
The term includes “recycling center.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.20) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.27 “Refuse”
means “refuse” as defined in RSA 149-M:4, XXI, namely “any waste
product, solid or having the character of a solid rather than a liquid in that
it will not flow readily without additional liquid, and which is composed
wholly or partly of such materials as garbage, swill, sweepings, cleanings,
trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or
residue of animals sold as meat; fruit, vegetable or animal matter from
kitchens, dining rooms, markets, food establishments or any places dealing in
or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or
the carcasses of animals; brick, plaster or other waste matter resulting from
the demolition, alteration, or construction of buildings or structures; or
accumulated waste material, cans, containers, tires, junk, or other such
substances which may become a nuisance.” The term does not include yard waste,
actively managed waste-derived products which are certified for distribution
and use pursuant to Env-Sw 1500, and bodies of
deceased persons.
The term includes recyclable materials, whether processed or
unprocessed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.22) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
104.28 “Registrant” means the person
registering for an exemption, a permit, a permit modification, or another
approval pursuant to the solid waste rules and who will be responsible for
complying with the provisions thereof, if approval is granted.
Source. #14103, eff 10-23-24 (see Revision Note #2 at chapter heading
for Env-Sw 100)
Env-Sw 104.29 “Representative sample” means a sample
collected from a population or whole that exhibits the average or typical
properties of the larger population or whole.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.23) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.30 “Research
and development facility permit” means a permit issued pursuant to the solid
waste rules authorizing research and development projects.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.24) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.31 “Research
and development permit facility” means a facility authorized or requiring
authorization by issuance of a research and development facility permit.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.25) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.32 “Research
and development project (R&D project)” means a scientific study involving
the collection, storage, transfer, processing, treatment, or disposal of solid
waste, that is conducted by one or more investigators, qualified by reason of
education and experience, and which is intended to further fundamental
knowledge, evaluate processes or technologies, and generate and interpret data
relative to solid waste management.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.26) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.33 “Residual
waste” means solid waste remaining after processing, treatment, or disposal of
solid waste or as a by-product of processing or treatment or disposal of solid
waste, including leachate, decomposition gases, and waste-derived products not
certified for distribution and use pursuant to Env-Sw
1500. The term includes “residuals.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.27) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.34 “Reuse” means the act of placing a waste into
service again, subsequent to its generation.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.28) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.35 “Runoff”
means the liquid that drains from an area as surface flow.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.29) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.36 “Salvaged
item or material” means an item or material which has been recovered or
diverted from the solid waste stream and, without processing or treatment
except for incidental cleaning, reconditioning or repair, is or will be used in
a manner consistent with its original purpose.
Examples include the following:
(a) Used auto parts which are removed from the
vehicle and reused as auto parts on another vehicle;
(b) Used furniture pieces which are repaired or
restored for use as furniture;
(c) Used tools or equipment which are reconditioned and returned to use as tools or equipment;
(d)
Left-over latex paint used as paint;
(e) Scrap fabric used as fabric;
(f) Scrap lumber used as lumber; and
(g) Used brick used as brick.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.30) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.37 “Saturated
hydraulic conductivity” means the rate of laminar flow of water through a unit
cross-sectional area of porous medium under a unit hydraulic gradient at a
standard temperature. The term includes
“coefficient of permeability.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.31) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.38 “Saturated
zone” means that part of the earth’s crust in which the interconnected voids
are filled with water at a pressure equal to or greater than atmospheric
pressure. The term includes “zone of
saturation.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.32) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.39 “Scrap
metal” means bits and pieces of metal parts or metal pieces that might be combined together with bolts or soldering which when worn or
superfluous can be recycled.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.40 “Select recyclable material” means a
recyclable material, including containers and packaging, comprised of one of
the following materials: paper, cardboard, glass, plastic, ferrous metal,
non-ferrous metal, or textile materials.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.33) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.41 “Service area” means the area(s) or place(s)
from which a facility receives waste, typically identified by geographic
location or by generator source, or a combination thereof.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.34) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.42 “Service
type” means the type of service a facility provides based on the source of
waste received, as follows:
(a) Unlimited service, as is provided by a
commercial facility; or
(b) Limited service, as is provided by either a
limited public or limited private facility.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.35) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.43 “Solid
waste” means “solid
waste”
as defined in RSA 149-M:4, XXII, namely “any matter consisting of
putrescible material, refuse or residue from an air pollution control facility;
and other discarded or abandoned material.
It includes solid, liquid, semi‑solid, or
contained gaseous material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities. For purposes of this chapter it does not
include hazardous wastes as defined in RSA 147‑A:2; solid or dissolved
materials in irrigation return flows; cut or uprooted tree stumps buried
on-site with local approval if required, provided that such burial locations
are not located within 75 feet of any drinking water supply; municipal and
industrial discharges which are point sources subject to permits under section
402 of the Federal Water Pollution Control Act, as amended; source, special
nuclear or by‑product materials as defined in the Atomic
Energy Act of 1954, as amended; septage or sludge as defined in RSA 485-A:2,
IX-a and XI-a,” or post-use polymers and recovered feedstocks converted at an
advanced recycling facility or held at such facility prior to conversion.” The term “solid waste” also does not include
yard waste, actively managed waste-derived products which are certified for
distribution and use pursuant to Env-Sw 1500, bodies
of deceased persons, and sludge which is not disposed at solid waste facilities
permitted under RSA 149-M.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.36) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.44 “Solid
waste management” means “solid waste management” as defined in RSA 149-M:4, XXIII,
namely “the systematic administration of activities for the collection, source
separation, processing, treatment, transportation, transfer, storage, recovery,
and disposal of solid waste.” The term
includes “management of solid waste.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.37) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.45 “Solid
waste facility operator training” means professional or technical instruction
which supplies the required amount of solid waste management information as
provided and approved by the department pursuant to Env-Sw
1600.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.38) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.46 “Solid
waste rules” means those rules found in subtitle Env-Sw.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.39) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.47 “Solvolysis” means “solvolysis” as defined in RSA
149-M:4, XXII-a, namely “a manufacturing process through which post-use
polymers are purified with the aid of solvents, while heated at low
temperatures and/or pressurized to make useful products, allowing additives and
contaminants to be removed.” The products of solvolysis include monomers,
intermediates, and valuable chemicals and raw materials. The process includes
but is not limited to hydrolysis, amylolysis, ammonolysis, methanolysis,
and glycolysis.”
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.48 “Source
reduction” means “source reduction” as defined in RSA 149-M:4, XXIV, namely
“the practice of reducing the quantity or toxicity of waste generated at the
source, before recycling, processing, disposal or treatment, by changing the
processes that first generated the waste. Source reduction includes waste
reduction.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.41) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.49 “Source
separation” means dividing solid waste into some or all of
its component parts at the point of generation.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.42) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.50 “Source
water protection inventory” means a list, compiled and maintained by the
department, which identifies regulated or permitted sites that are known or
potential threats to drinking water quality.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.40) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.51 “Stage”
means, within a landfill, an area comprised of 2 or more cells
and which is surrounded by berms that hydraulically separate the stage, when
active, from other stages of the landfill when such other stages have not yet
received wastes or been constructed.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.43) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.52 “Standard
permit” means a permit to construct and operate a solid waste facility, issued
pursuant to RSA 149-M as follows:
(a) For a facility permitted on or after October
29, 1997, pursuant to Env-Sw 314;
(b) For a facility permitted before October 29,
1997, pursuant to the provisions of Env-Sw 307.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.44) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.53 “Standard
permit facility” means a facility authorized or requiring authorization by
issuance of a standard permit.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.45) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.54 “State
plan” means “state plan” as defined in RSA 149-M:4, XXVI, namely “the state
solid waste management plan developed under RSA 149-M:29.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.46) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.55 “Storage”
means the temporary accumulation, containment, or stockpiling of wastes.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.47) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.56 “Surface
water” means “surface waters of the state” as defined in RSA 485-A:2, XIV,
namely “all perennial and seasonal streams, lakes, ponds, and tidal waters
within the jurisdiction of the state, including all streams, lakes, or ponds
bordering on the state, marshes, water courses and other bodies of water,
natural or artificial.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.48) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.57 “Tank”
means a device designed to contain solid waste in a liquid or gaseous form,
including leachate, for storage or transportation.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.49) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.58 “Temporary
permit” means a permit issued prior to October 29, 1997, pursuant to a rule
codified as Env-Wm 315 effective July 1, 1991 and
amended December 24, 1991.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.50) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.59 “Temporary
permit facility” means a facility holding a temporary permit.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.51) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw
104.60 “Terminate” means to permanently
end any further use of the permit or other approval.
Source. #14103,
eff 10-23-24 (see Revision Note #2
at chapter heading for Env-Sw 100)
Env-Sw 104.61 “Time of
concentration” means the time it takes for runoff to travel from the
hydraulically most distant point of the watershed to the design point.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.52) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.62 “Transfer” means, depending on the
context in which it is used:
(a) Removal of waste from one location to another
location; or
(b)
Authorizing a permit to be held by a new permittee, pursuant to the type
IV permit modification criteria and procedures in Env-Sw 315.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.53) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.63 “Transfer
station” means a solid waste collection, storage, and transfer facility, which
collects, stores, and transfers solid waste, including non-recyclable waste.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.54) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.64 “Treat”
means to process a waste by a method or technique that uses an external agent
or agents to cause a chemical, biological or physical change, said agents to
include heat, chemicals, or incorporation of other substances or materials.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.55) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.65 “Type of
waste” means a category of waste, at least as specific as the following, which
describes the belonging waste by its material composition or other
distinguishing characteristics:
(a) Asbestos waste;
(b)
Ash;
(c)
Bulky waste;
(d)
Construction and demolition debris;
(e)
Hazardous
waste;
(f)
Household
hazardous waste;
(g)
Household
infectious waste;
(h)
Infectious
waste;
(i) Municipal solid
waste;
(j)
Putrescible
waste;
(k)
Recyclable
materials; and
(l)
Yard waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.56) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.66 “Unlimited
service” means the service type provided by a commercial facility which,
through the conditions of the permit, allows the facility to receive authorized
waste from any source, including the spot market.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24
(formerly Env-Sw
104.57) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.67 “Unsaturated zone” means the zone between the
land surface and the saturated zone in which the void spaces in soil or rock
are only partially or intermittently filled with water. The term includes the “zone of aeration.”
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.58) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.68 “Unsuitable waste” means waste for which a
processing or treatment facility is not designed and which, if processed or
treated by that facility, can adversely affect the quality of the
products or materials being produced by the facility or the quality of residual
waste generated by the facility to the extent that the residuals cannot be
managed as required by Env-Sw 505.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.59) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.69 “Vector”
means any carrier that is capable of transmitting a
pathogen from one organism to another including, but not limited to, flies and
other insects, rodents, birds, and other vermin.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw
104.60) (see Revision Note #2 at chapter heading for Env-Sw
100)
Env-Sw 104.70 “Vertical expansion” means an increase in the maximum permitted final
elevation of a landfill to increase landfill capacity. The
term does not include the placement of waste over an existing landfill where the increase in capacity is primarily associated
with a lateral expansion.
Source. #10593,
eff 7-1-14; ss
by #14103, effective 10-23-24
(formerly Env-Sw 104.61) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.71 “Waste-derived product” means a material or item
which is produced, in whole or in part, using materials or items which are
recovered or diverted from the solid waste stream.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.61); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.62) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.72 “Waste
reduction” means the reduction of waste at the source by changing industrial
processes, technologies, and product components with the specific objective of
reducing the quantity or rate at which waste is generated.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.62); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.63) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.73 “Waste
shipment record” means a shipping document, originated and signed by the waste
generator, which is used to track and substantiate the disposition of waste.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.63); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.64) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.74 “Wetland”
means an area that is subject to the jurisdiction of the department under RSA
482-A.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.64); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.65) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.75 “White goods” means a generic term for a
variety of discarded household appliances, including clothes washers, clothes
dryers, stoves, refrigerators, freezers, dishwashers, and air conditioners.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.65); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.66) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.76 “Working
face” means the portion of a landfill where solid waste is being actively
deposited, spread, compacted, and covered.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.66); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.67) (see Revision Note #2 at
chapter heading for Env-Sw 100)
Env-Sw 104.77 “Yard
waste” means leaves, grass clippings, garden debris, and small or chipped
branches.
Source. (See Revision Note #1 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw 104.67); ss by #14103, effective 10-23-24
(formerly Env-Sw 104.68) (see Revision Note #2 at
chapter heading for Env-Sw 100)
APPENDIX A: STATE STATUTES IMPLEMENTED
|
Rule |
State Statute(s) Implemented |
|
|
|
|
Env-Sw 101 |
RSA
149-M:7, XV |
|
Env-Sw 102 |
RSA
149-M:7, XV |
|
Env-Sw 103 |
RSA
149-M:7, XV |
|
Env-Sw 103.43 |
RSA 149-M:6, I |
|
Env-Sw 104 |
RSA
149-M:7, XV |
|
Env-Sw 104.61 |
RSA 149-M:6, I |
APPENDIX B:
INCORPORATED REFERENCE
|
Rule |
Reference |
Obtain at: |
|
Env-Sw 103.45 |
Method
9095-B (Paint Filter Liquids Test), in “Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods” EPA Publication
SW-846, Third
Edition, November 1986, as amended through Update VII, dated July 30, 2021 |
Available
online at no cost: https://www.epa.gov/hw-sw846/sw-846-compendium. Guidance
documents on SW-846 Test Method: Hazardous Waste Test
Methods / SW-846 | US EPA Hard
copies are available for $360 from: National
Technical Information Service (NTIS) 5285
Port Royal Road Springfield,
VA 22161 (800)
553-NTIS [(800)-553-6847] |
APPENDIX C: STATUTORY DEFINITIONS
RSA
147-A:2, 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.
RSA 149-M:4:
IV-b (before July 1, 2025). “Computer” means
a free standing unit capable of manipulating data
according to a list of instructions. It does not include devices with embedded
computers, such as automobiles, robots, machines, toys, etc., where the primary
function of the embedded computer is to control the function of the device;
IV-b (after June 31, 2025). “Computer“ means
a laptop computer, desktop computer, tablet computer, or central processing
unit of a computer that conveys electronic, magnetic, optical or
electrochemical data, or other high-speed data processing device performing
logical, arithmetic, or storage functions. “Computer” does not include an
automated typewriter, typesetter, or other similar device;
IV-c (after June 31, 2025). “Computer
monitor” means a display device without a tuner that can display pictures and
sound and is used with a computer;
IV-d (after June 31, 2025). “Computer
peripheral” means a keyboard, mouse or any other device sold exclusively for
external use with a computer that produces input or output into or from a
computer;
VIII-a
(before July 1, 2025).
“Electronic waste” includes computer monitors containing a cathode ray tube,
laptop computers, liquid crystal display (LCD) computer monitors, plasma and
LCD televisions, printers, cell phones, copiers, fax machines, and video
display media recorder/players;
VIII-a(a)
(after June 31, 2025).
“Electronic device” means computer, computer monitor, computer peripheral,
printer, device containing a cathode ray tube, television, wireless telephones,
copiers, fax machines, and video display device, video display media
recorder/player, or any other electronic device specified by rule promulgated
by the department;
VIII-a
(b) (after June 31, 2025).
“Electronic device” does not include the following, unless removed from a
larger piece of equipment or appliance of which it is a part for recycling:
(1)
Any motor vehicle or any component part of a motor vehicle, including
replacement parts thereof.
(2)
A device, including a touch screen display, that is functionally or
physically part of a larger piece of equipment designed and intended for use
in:
(A)
Industrial, governmental, commercial or research and development
settings;
(B)
Security, sensing, border control or counterterrorism equipment;
(C)
Monitoring, diagnostic or control equipment; or
(D)
Commercial medical equipment that contains a video display device that is
not separate from the larger piece of equipment.
(3)
A device that is contained within a:
(A)
Clothes washer or dryer;
(B)
Refrigerator, freezer or refrigerator and freezer;
(C)
Microwave oven or conventional oven or range;
(D)
Dishwasher;
(E)
Room air conditioner, dehumidifier, or air purifier; or
(F)
Exercise equipment;
RSA
259:60, “Motor vehicle” shall mean:
I. Except where otherwise specified in this title, any self-propelled vehicle
not operated exclusively on stationary tracks, including ski area vehicles.
RSA
485-A:2, IX-a. “Septage” means material removed from septic tanks, cesspools,
holding tanks, or other sewage treatment storage units, excluding sewage sludge
from public treatment works and industrial waste and any other sludge.