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RSA 147-A:5 · Terms and Conditions of Operator Permits; Facility Personnel; Certified Hazardous Waste Coordinator Program; Hazardous Waste Generator Self-Certification Program

Title
X: PUBLIC HEALTH
Chapter
147-A · HAZARDOUS WASTE MANAGEMENT
Status
current
Official source linked
Yes
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147-A:5 Terms and Conditions of Operator Permits; Facility Personnel; Certified Hazardous Waste Coordinator Program; Hazardous Waste Generator Self-Certification Program. –

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I.

The department shall not issue a permit to a hazardous waste facility unless the facility meets the terms and conditions required in rules adopted by the department. These terms and conditions include, but are not limited to, evidence of financial responsibility in the amount set by the department after consultation with the commissioner of insurance. This amount shall be whatever is necessary to:

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(a)

Protect the public health and welfare and the environment; and

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(b)

Insure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped.

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II.

Personnel employed in the operation of any facility shall meet the qualifications concerning training as deemed necessary by the department, after a review of the characteristics, properties, and volume of hazardous wastes to be treated, stored, or disposed of at the facility.

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III.

(a) Each hazardous waste generator that generates more than 220 pounds of hazardous waste per month shall have on staff at the facility where the hazardous waste is generated a hazardous waste coordinator certified by the department. The certified hazardous waste coordinator shall be responsible for ensuring that the generator is aware of and in compliance with applicable requirements relating to hazardous waste management, including but not limited to storage, transportation, and disposal. Certification shall not be transferable. Initial certification shall be valid for one year and may be renewed for subsequent one-year terms. The department may charge a reasonable fee to cover expenses for education and training programs that fulfill the initial certification and continuing education requirements. The commissioner may authorize alternative certified hazardous waste coordinator programs provided the program demonstrates equivalent on-site staffing, training, continuing education, and management organization to meet the responsibilities of this paragraph.

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(b)

Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of $225 per year to cover department expenses for conducting the certification program.

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IV.

(a) Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the applicable hazardous waste generator rules. The declaration shall be on a form provided by the department.

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(b)

Each hazardous waste generator that generates less than 220 pounds/100 kilograms of hazardous waste per month shall pay non-refundable fees at a rate of $90 per year for the period of July 1, 2007 to June 30, 2025, and at a rate of $140 per year beginning July 1, 2025, to cover department expenses for conducting the self-certification program and hiring of program staff. Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).

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(c)

If the self-certification fee is not paid within 60 days of the due date, interest shall be assessed at a rate established by the commissioner, and shall be deposited into the cleanup fund. The commissioner may waive all or any portion of interest for good cause.

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(d)

Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.

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(e)

Hazardous waste generators that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this paragraph. Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107. 2002, 87:1, 2. 2003, 148:1, 2, eff. July 1, 2003. 2005, 168:2, eff. Aug. 20, 2005; 254:4, eff. Sept. 12, 2005. 2007, 219:2, eff. July 1, 2007. 2022, 326:4, 5, eff. July 8, 2022. 2025, 141:174, 177, eff. July 1, 2025.

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Source note

Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107. 2002, 87:1, 2. 2003, 148:1, 2, eff. July 1, 2003. 2005, 168:2, eff. Aug. 20, 2005; 254:4, eff. Sept. 12, 2005. 2007, 219:2, eff. July 1, 2007. 2022, 326:4, 5, eff. July 8, 2022. 2025, 141:174, 177, eff. July 1, 2025.

Source history

  • 1981, 413:2
  • 1983, 227:3
  • 1986, 202:6, I(e)
  • 1996, 228:107
  • 2002, 87:1, 2
  • 2003, 148:1, 2, eff. July 1, 2003
  • 2005, 168:2, eff. Aug. 20, 2005; 254:4, eff. Sept. 12, 2005
  • 2007, 219:2, eff. July 1, 2007
  • 2022, 326:4, 5, eff. July 8, 2022
  • 2025, 141:174, 177, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB1141 repeal

    or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. 12 Repeal. The

  • 2026 HB1141-FN repeal

    or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. 12 Repeal. The

  • 2026 HB1198 add

    nder RSA 541-A to implement the program. 49-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as univeRSAl waste in accordance with rules established by the department. II. Any person who agrees to

  • 2026 HB1198-FN add

    nder RSA 541-A to implement the program. 49-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as univeRSAl waste in accordance with rules established by the department. II. Any person who agrees to

  • 2026 HB451 reference

    The department may adopt rules under RSA 541-A to implement the program. 149-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as universal waste in accordance with rules established by the department. II. Any person who a

  • 2026 HB451-FN add

    der RSA 541-A to implement the program. 149-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as univeRSAl waste in accordance with rules established by the department. II. Any person who agrees to

  • 2026 SB527 reference

    or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. I-a. State age

  • 2025 HB2 amend

    lude in its biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund. 141:177 Certified Hazardous Waste Coordinator Program. Amend RSA 147-A:5, III(b) to read as follows: (b) Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of [$125] $225 per year to cover department