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          Document #13357, effective 3-23-22, repealed Env-Sw 102.31 defining “Class A compost” and Env-Sw 102.32 defining “Class AA compost”.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          Document #14103, effective 10-23-24, adopted, readopted, readopted with amendment, or repealed all of the rules in Chapter Env-Sw 100.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          The former rules in Chapter Env-Sw 100 that were repealed or deleted by Document #14103 include the following definitions: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 New Hampshire.

 

          (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 New Hampshire consistent with RSA 149-M:11.”

 

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.