CHAPTER
Env-Sw 500 PROCESSING/TREATMENT FACILITY
REQUIREMENTS
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm 2200 as Env-Sw
500, pursuant to a rules reorganization plan for Department rules approved by
the Director of the Office of Legislative Services on 9-7-05. The source notes for each section of Env-Sw
500 identify the former subtitle Env-Wm and number for the respective rule
prior to Document #8459.
PART Env-Sw 501 APPLICABILITY
Env-Sw 501.01 Applicability. The rules in this chapter shall apply to
processing/treatment (P/T) facilities, including:
(a) Composting
facilities also subject to Env-Sw 600; and
(b) Incinerators also subject to Env-Sw 700.
Source.
#5172, eff 7-1-91; ss by #6535, INTERIM,
eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note
at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm
2201.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 502 PERMITTING
REQUIREMENTS
Env-Sw 502.01 Permit Required.
(a) A permit issued
pursuant to the solid waste rules shall be required for construction, operation
and closure of a P/T facility, unless exempt pursuant to Env-Sw 302.03, Env-Sw 508, Env-Sw 608 or Env-Sw 708.
(b) The type of
permit required shall be as specified in Env-Sw 302.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2202.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 502.02 Permit Application Requirements. The applicant for a P/T facility permit shall
prepare the application in accordance with the following:
(a) Env-Sw 314 for a standard permit;
(b) Env-Sw 313 for an emergency permit;
(c) Env-Sw 312 for a research and development permit; and
(d) Env-Sw 311 for a permit-by-notification.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm
2202.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 503 SITING
REQUIREMENTS
Env-Sw 503.01 Applicability.
(a) The siting
requirements in this part shall apply to all P/T
facilities, except:
(1) Facilities that hold a permit issued under
RSA 149-M prior to the 2005 readoption of the solid waste rules;
(2)
Permit-exempt facilities identified in Env-Sw
302.03, Env-Sw 508, Env-Sw
608, or Env-Sw 708;
(3)
Permit-by-notification facilities having an active life of 90 days or
less;
(4)
Research and development permit facilities as provided by Env-Sw 312.02(b); and
(5)
Emergency permit facilities as provided by Env-Sw
313.02(b).
(b) The siting requirements in this part shall
apply as the complement of siting requirements in Env-Sw
1003 for all facilities, Env-Sw 1102 for facilities
having an active life longer than 90 days, and Env-Sw
1203 for permit-by-notification facilities.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by 8459, eff 10-28-05 (formerly Env-Wm 2203.01); ss
by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 503.02 Setback
Requirements.
(a) A P/T facility shall be sited no less than 50
feet from the footprint of any landfill not yet capped, except a lesser
distance shall be permitted if the department determines based on information
provided in the permit application and in an approved closure plan for the
landfill that the lesser distance shall not prohibit compliance with Env-Sw 1003.01.
(b) A P/T facility shall be sited no less than 50
feet from any property line.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2203.02);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 504 DESIGN
REQUIREMENTS
Env-Sw 504.01 Applicability.
(a) The design requirements in this part shall
apply to all P/T facilities, except:
(1)
Permit-exempt facilities identified in Env-Sw
302.03, Env-Sw 508, Env-Sw
608, or Env-Sw 708;
(2)
Permit-by-notification facilities having an active life of 90 days or
less;
(3)
Research and development permit facilities as provided by Env-Sw 312.02(b); and
(4)
Emergency permit facilities as provided by Env-Sw
313.02(b).
(b) The design requirements in this part shall
apply as the complement of the design requirements in Env-Sw
1004 for all facilities, Env-Sw 1103 for facilities
having an active life longer than 90 days, Env-Sw
1200 for permit-by-notification facilities and, depending on the type of waste
managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 504.02 General
Design Requirements. A P/T facility
shall be designed to operate in conformance with Env-Sw
505.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.02);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 504.03 Design
Features and Appurtenances. The
design of a P/T facility shall include each of the following features and
appurtenances:
(a) The same design features and appurtenances as
specified for a C/S/T facility in Env-Sw 404.03,
including storage areas and devices conforming to the requirements in Env-Sw 404.04 and Env-Sw 404.05 for
all processed or treated waste and related materials stored at the facility;
(b) Design features and appurtenances required to
comply with Env-Sw 600, if facility operations
involve composting methods;
(c) Design features and appurtenances required to
comply with Env-Sw 700, if facility operations
involve thermal combustion methods;
(d) Design features and appurtenances required to
comply with Env-Sw 808, if facility operations
involve landfill reclamation, or other landfilled waste recovery activities;
and
(e) Design features
and appurtenances required to comply with Env-Sw 900
as applicable to the type of waste(s) managed at the facility.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.03);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 504.04 Handling
and Storage Areas for Waste and Materials.
Areas used to handle and store each of the following waste groups and
materials shall be designed in conformance with the requirements of Env-Sw 404.04 and Env-Sw 404.05:
(a) Incoming waste;
(b) Residual and bypass waste resulting from the
operation of the facility;
(c) Waste-derived products produced by the
facility; and
(d) Materials used by the facility to process or
treat waste.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.04);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 505 OPERATING
REQUIREMENTS
Env-Sw 505.01 Applicability.
(a) The operating requirements in this part shall
apply to all P/T facilities, except:
(1)
Permit-exempt facilities, as identified in Env-Sw
302.03, Env-Sw 508, Env-Sw
608, and Env-Sw 708;
(2)
Permit-by-notification facilities having an active life of 90 days or
less;
(3)
Research and development permit facilities as provided by Env-Sw 312.02(b); and
(4)
Emergency permit facilities as provided by Env-Sw
313.02(b).
(b) The operating requirements in this part shall
apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw
1105 for facilities with an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities and,
depending on the type of waste managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.02 General
Operating Objectives.
(a) Processing or treatment methods shall achieve
one or both of the following results:
(1)
Reduce, eliminate, or change an undesirable characteristic of a waste
and thereby render the waste more suitable for final disposal or further
management at permitted facilities; or
(2)
Produce a certified waste-derived product.
(b) Processing and treatment practices,
by-products, and end-products shall not pose a greater adverse impact to the environment, public health or safety than the impact
posed by not changing the characteristics of the waste.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.02);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.03 Collection
and Storage of Incoming Waste.
(a) Incoming waste shall be actively managed.
(b)
Incoming waste shall be collected and, pending processing or treatment, shall
be stored in conformance with the requirements of Env-Sw
405.
(c) Waste shall not be stored at a P/T facility
without processing or treatment for a period of time
which:
(1)
Results in conditions adversely affecting the environment, public health
or safety, including conditions that attract insects and vectors, generate
odors or leachate, or have the potential to cause fire or explosion; or
(2)
Exceeds the storage life of a waste destined for reuse such that a
characteristic of the waste changes in a manner or to a degree that renders the
waste non-reusable by the facility.
(d) An incoming waste identified in Env-Sw 900 shall be collected and stored in accordance with the
applicable collection and storage requirements specified in Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.03);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.04 Management
of Bypass and Residual Waste.
(a) Bypass and residual waste shall be stored and
transferred in conformance with the requirements of Env-Sw
405.
(b) Bypass and residual waste shall be managed in
accordance with Env-Sw 1105.10.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.04);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.05 Processing
and Treatment Requirements.
(a) If the facility processes or treats a waste
identified in Env-Sw 900, the facility shall process
or treat the waste in accordance with the applicable requirements in Env-Sw 900.
(b) If facility operations involve solid waste
composting methods, the operating requirements of Env-Sw
605 shall be met.
(c) If facility operations involve thermal
combustion methods, the operating requirements of Env-Sw
705 shall be met.
(d) If facility operations involve landfill
reclamation, the requirements of Env-Sw 808 shall be
met.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.05);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.06 Management
of Processed and Treated Waste.
(a) All processed or treated waste, including
waste-derived products, shall be managed in a manner that meets the universal
environmental performance requirements in Env-Sw 1002
and all other applicable local, state, and federal requirements.
(b) All processed or treated waste shall be
stored and transferred in accordance with Env-Sw 405.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.06);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.07 Management
of Waste-Derived Products.
(a) The waste-derived products produced by a P/T
facility shall not be distributed and used except in accordance with
certification granted pursuant to Env-Sw 1500.
(b) Quality assurance or quality control
procedures shall be implemented to assure that the
quality of all waste-derived products distributed by the facility meet a
specification identified in the permit based on certification pursuant to Env-Sw 1500.
(c) A waste-derived product that does not meet a required specification shall be deemed to be an
off-specification material, fully subject to regulation by the solid waste
rules as a waste.
(d) Off-specification materials shall be managed
in the same manner as:
(1)
An incoming waste as prescribed by Env-Sw
505.03, if the waste will be reprocessed or retreated
by the facility; or
(2) A residual or bypass waste as
prescribed by Env-Sw 505.04, if the waste will not be
reprocessed or retreated by the facility.
(e) When an off-specification material is
produced by a P/T facility, the permittee shall:
(1)
Determine the likely cause and take appropriate steps to correct and
avoid a recurrence of the problem;
(2)
If the problem is determined to be operational, make the appropriate
processing or treatment adjustments to correct the problem before reprocessing
or retreating the off-specification material; and
(3)
If the problem is due to characteristics of the waste feedstock that
cannot be remedied by operational adjustments, manage the off-specification
material and all unprocessed and untreated waste of similar characteristics as
bypass waste pursuant to Env-Sw 505.04.
(f) A P/T facility that produces waste-derived
products for land application shall maintain records to identify the locations
to which or persons to whom the materials are
transferred.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.07);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 505.08 Public
Benefit. In addition to the
provisions for providing a substantial public benefit specified in Env-Sw 1005, the operation of a P/T facility shall be deemed to
provide a substantial public benefit when facility operations satisfy the same
operating conditions as specified in Env-Sw 405.04(a)
through (c).
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 500) ss by #8459, eff 10-28-05 (formerly Env-Wm
2205.08); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 506 CLOSURE
REQUIREMENTS
Env-Sw 506.01 Applicability.
(a) The closure requirements in this part shall
apply to all P/T facilities, except:
(1)
Permit-exempt facilities identified in Env-Sw
302.03, Env-Sw 508, Env-Sw
608, and Env-Sw 708;
(2)
Permit-by-notification facilities having an active life of 90 days or
less;
(3)
Research and development permit facilities as provided by Env-Sw 312.02(b); and
(4)
Emergency permit facilities as provided by Env-Sw
313.02(b).
(b) The closure requirements in this part shall
apply as the complement of the closure requirements in Env-Sw
1006 for all facilities, Env-Sw 1106 for facilities
having an active life longer than 90 days, Env-Sw
1205 for permit-by-notification facilities and, depending on the type of waste
managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 506.02 Removal
of Processed Recyclable Materials.
To comply with Env-Sw 1006.02(e), all
processed recyclable materials shall be removed to an
authorized facility and not remain at the closing facility under any claim of a
permit exemption pursuant to Env-Sw 302.03.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.02);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 506.03 Land
Application of Uncertified Waste-Derived Products. If a P/T facility distributes an uncertified
waste-derived product, including an off-specification waste-derived product,
for land application in New Hampshire, the facility closure requirements shall
include all activities required to properly close the affected land application
site(s).
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.03);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 506.04 Removal
of Residual Waste.
(a) Pursuant to Env-Sw
1006.02(b), all residual waste generated by a P/T facility, whether a solid
waste or other, shall be removed from the facility in conformance with
applicable law, rules, and regulations.
(b) A P/T facility having generated a residual
which is a hazardous waste shall comply with all
applicable facility closure provisions of the hazardous waste rules, including
the hazardous waste generator requirements in Env-Hw
500.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.04);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 507
PERMIT-BY-NOTIFICATION FACILITIES
Env-Sw 507.01 Purpose. The purpose of the rules in this part is to
identify P/T facilities eligible for a permit-by-notification pursuant to Env-Sw 311.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 507.02 Infectious
Waste Treatment Facilities. A
treatment facility for infectious waste shall be eligible for a
permit-by-notification, provided that:
(a) The facility shall comply with Env-Sw 1200;
(b) The facility shall be located at and owned
and operated by a health care facility licensed pursuant to RSA 151;
(c) The facility shall be a limited
service area facility permitted to receive waste from the following
sources only:
(1)
The health care facility itself;
(2)
Affiliated health care facilities; and
(3)
Households within the community served by the health care facility;
(d) The facility shall be located inside a
building;
(e) All wastes shall be
managed by the facility in accordance with Env-Sw
904;
(f) If the facility
is an incinerator, the facility shall further comply
with the requirements of Env-Sw 700;
(g) The facility shall have assured access to an
authorized facility for the transfer of all treated waste and residual waste
generated by the facility;
(h) The facility shall have assured access to an
authorized facility to which it shall divert bypass wastes;
and
(i) If the facility is an incinerator, the
resultant ash residue shall be managed in accordance with Env-Sw 902.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.02); ss
by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw
507.03 RESERVED
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See
Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05
(formerly Env-Wm 2207.03)
Env-Sw 507.04 P/T Facilities Producing Certified
Waste-Derived Products. A P/T
facility that collects and uses a recyclable material
to produce a waste-derived product certified pursuant to Env-Sw 1500 shall be eligible for a permit-by-notification
pursuant to Env-Sw 311, provided that:
(a) The facility
shall comply with Env-Sw 1200;
(b) The only waste
received by the facility shall be the recyclable
material;
(c) The facility
shall not be a permit-exempt facility pursuant to Env-Sw
302.03 or Env-Sw 508, specifically including Env-Sw 508.06 and Env-Sw 508.07;
(1) The type of recyclable material to be used;
(2) The delivery and
receipt specifications for the recyclable material;
(3) The type of
certified waste-derived product produced by the facility from the recyclable material, including the applicable product
specifications pursuant to Env-Sw 1500; and
(4) The process used to
produce the certified waste-derived product, including the quality assurance or
quality control procedures employed;
(e) The facility
shall operate in conformance with Env-Sw 505,
regardless of the duration of facility operations;
(f) The total
quantity of recyclable material stored at the facility as feedstock for the production of the certified waste-derived product
shall not exceed:
(1) For select recyclables, 5,000 cubic yards;
(2) For non-select
recyclables, 2,500 cubic yards; and
(3) For liquids, 500 gallons;
(g)
The stored quantity of residual and bypass waste combined shall not
exceed 50 cubic yards or, if the waste is a liquid, 55 gallons; and
(h)
The facility shall not process or treat waste, including recyclable
materials, by combustion methods.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97,
EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.04);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
PART Env-Sw 508 PERMIT-EXEMPT
FACILITIES
Env-Sw 508.01 Purpose. The purpose of the rules in this part is to
identify P/T facilities which are permit-exempt, pursuant to Env-Sw 302.03(b)(2).
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.01);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.02 General Conditions for Exemption.
(a) The P/T facilities described in this part
shall be exempt from obtaining a permit, subject to the following conditions:
(1)
The facility shall comply with:
a.
The universal facility requirements in Env-Sw
1000; and
b.
The waste specific requirements in Env-Sw 900,
as applicable based on the type of waste managed by the facility; and
(2)
All waste managed at the facility shall be actively managed.
(b) A permit exemption shall not affect a
person’s obligation to obtain all requisite federal, state, or local permits,
licenses, or approvals, or to comply with all other applicable federal, state,
district, or local permits, ordinances, laws, or approvals, or conditions pertaining to the permit-exempt
activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.02);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.03 Generator
P/T Facilities. Subject to Env-Sw 508.02, no permit shall be required to process or treat
a waste at its site of generation provided that:
(a) The waste generator shall own and operate the
subject P/T facility;
(b) The subject P/T facility shall not receive,
process, or treat waste generated at any location other than the property where
the facility is located;
(c) The subject P/T facility shall not process or
treat waste by combustion methods; and
(d) The subject P/T facility shall not manage
infectious waste, except in accordance with Env-Sw
508.04.
Source. #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2208.03); ss by #10596, eff 7-1-14; ss by #14025,
eff 8-1-24
Env-Sw 508.04 Infectious
Waste Bench Top Facilities. Subject
to Env-Sw 508.02, no permit shall be required to
treat infectious waste provided that:
(a) The subject treatment facility shall be
located at, and owned and operated by, a health care facility licensed
pursuant to RSA 151, or a facility under the direct control and supervision of
a veterinarian licensed pursuant to RSA 332-B;
(b) The subject treatment facility shall be a limited service area facility permitted to receive waste
from the following sources only:
(1) The health care or veterinary facility
itself;
(2)
Affiliated health care or veterinary facilities; and
(3)
Households within the community served by the health care or veterinary
facility;
(c) The waste treatment equipment shall be
limited to a bench-top unit with a through-put rate of less than 30 pounds per
hour or, if the unit is an autoclave, the chamber capacity shall be less than
one cubic yard;
(d) The subject treatment facility shall be
located inside a building;
(e) All infectious waste shall be managed by the
subject treatment facility in accordance with Env-Sw
904;
(f) The subject treatment facility shall have
assured access to a permitted waste management facility for the transfer of all
treated waste and residual waste to be generated by the facility;
(g) The subject treatment facility shall have
assured access to an authorized facility to which it will divert bypass wastes; and
(h) If the subject treatment facility is an
incinerator, the resultant ash residue shall be managed in accordance with Env-Sw 902.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.04);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.05 Burn
Piles. Subject to Env-Sw 508.02, no solid waste facility permit shall be required
to open burn piles of brush, slash, and untreated wood provided that:
(a) The facility shall conform to all
requirements of Env-A 1000;
(b) The waste stockpile(s) shall conform to the
requirements of Env-Sw 404.05; and
(c) The ash residue shall be actively managed in
accordance with Env-Sw 902.
Source. #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2208.05); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.06 P/T
Facilities Using Processed Select Recyclable Materials. Subject to Env-Sw
508.02, no permit shall be required to collect, store, and use a processed select recyclable material to produce any
certified waste-derived product.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.06);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.07 P/T
Facilities Using Processed Non-Select Recyclable Materials. Subject to Env-Sw
508.02, no permit shall be required to collect, store, and use a processed non-select recyclable material to produce a
certified waste-derived product of a type specified in Env-Sw
1503.04, Env-Sw 1503.05, or Env-Sw
1503.07.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.07);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Env-Sw 508.08 Certified
Testing Laboratories. Subject to
Env-Sw 508.02, no permit shall be required to
collect, store, and test samples of waste at certified laboratories, provided
that:
(a) The sample size is no greater than that which
is necessary to successfully complete the required test procedure(s); and
(b) All samples and residual sample materials are
disposed in accordance with applicable statutes and rules, including but not
necessarily limited to:
(1)
RSA 149-M and the solid waste rules, if a solid waste and disposed in
New Hampshire; and
(2)
RSA 147-A and the hazardous waste rules, if a hazardous waste.
Source. #6894-B, eff 12-1-98; (See Revision Note at chapter
heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2202.08);
ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24
Appendix
|
Rule
Sections |
Statute(s)
Being Implemented |
|
Env-Sw 500 |
RSA 149-M:6, |