New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Hw - Hazardous Waste Programs
Chapter Env-Hw 500 - REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS
Part Env-Hw 501 - APPLICABILITY, EXEMPTIONS, AND DEFINITIONS
Section Env-Hw 501.01 - Applicability

Universal Citation: NH Admin Rules Env-Hw 501.01

Current through Register No. 13, March 27, 2025

(a) Unless specifically exempted under Env-Hw 501.02, this chapter shall apply to any person who generates hazardous wastes, including:

(1) The owner or operator of any permitted facility that initiates a shipment of hazardous waste or waste residues;

(2) Any person who imports hazardous waste into the United States; and

(3) Any person who generates or accumulates any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any hazardous waste, as identified in Env-Hw 404.

(b) With respect to household hazardous waste collected or accumulated at a household hazardous waste collection project, as specified in Env-Hw 401.03(b)(2), or by curbside collection, the owner, operator, or person so designated in a contractual agreement shall be the generator. Unacceptable wastes shall either be returned to the household that generated them or held by the operator until the generating household can make alternative disposal arrangements.

(c) Any person who exports or imports hazardous waste shall:

(1) Notify the department as required in Env-Hw 504; and

(2) Comply with Env-Hw 510.06.

(d) A healthcare facility that is a full quantity generator based on the total amount of hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall manage:

(1) Its hazardous waste pharmaceuticals in accordance with Env-Hw 1300 in lieu of this chapter; and

(2) Its hazardous waste that is not pharmaceutical hazardous waste, if any, in accordance with this chapter.

(e) Except as provided in Env-Hw 501.02(j) and (k), a healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, may comply with the optional provisions of 40 CFR 266.504, as amended by Env-Hw 1302.02(e), and shall be subject to:

(1) This chapter;

(2) The sewer prohibition of 40 CFR 266.505, as amended by Env-Hw 1302.02(f); and

(3) The empty container provisions of 40 CFR 266.507, as amended by Env-Hw 1302.02(h).

#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09

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