New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 400 - GROUNDWATER PROTECTION
Part Env-Wq 401 - REQUIRED BEST MANAGEMENT PRACTICES FOR GROUNDWATER PROTECTION
Section Env-Wq 401.04 - Storage of Regulated Substances

Universal Citation: NH Admin Rules Env-Wq 401.04

Current through Register No. 13, March 27, 2025

(a) The owner shall store all hazardous wastes in compliance with applicable federal requirements and state requirements specified in RSA 147-A and Env-Hw 100 et seq.

(b) The owner shall store all regulated containers on an impervious surface, as follows:

(1) The owner shall inspect the impervious surface prior to storage of any regulated containers and seal any cracks or holes prior to placing any regulated container in the storage area;

(2) The owner shall re-inspect the impervious surface not less than annually for as long as the area is used for storage of regulated substances; and

(3) Whenever the owner finds any cracks or holes in the impervious surface on which any regulated container is stored, the owner shall either:
a. Immediately seal all such cracks and holes; or

b. Move the regulated substances to a different storage area that meets the requirements of this section.

(c) The owner shall secure all storage areas against unauthorized entry by any method or combination of methods that renders the storage area tamper-proof and inaccessible, including but not limited to personal or monitored surveillance and physically-restricting access using fencing or box trailers that are locked except when regulated substances are being moved into or out of the secure area.

(d) The owner shall inspect all storage areas weekly for signs of spills or leakage from regulated containers. The aisle space between regulated containers that cannot be moved by hand shall be of ample size to allow an inspector to determine the condition of individual regulated containers.

(e) Each regulated container shall be clearly and visibly labeled with the chemical and trade name of the material stored within.

(f) Each regulated container shall remain closed and sealed at all times except to add or remove regulated substances. Regulated containers equipped with spigots, valves, or pumps shall be considered closed and sealed when the spigots, valves, or pumps are closed or in the "off" position, provided that drip pans are placed and maintained under the spigots, valves, or pumps.

(g) Spill control and containment equipment, including at the minimum absorbents to pick up spills and leaks, shall be located in the immediate area where regulated substances are transferred, used, or stored.

(h) Regulated containers in outdoor storage areas shall:

(1) Have secondary containment;

(2) Be kept covered at all times unless the regulated containers are in the process of being transferred to another location;

(3) Have a durable covering that keeps the regulated container and the secondary containment structure free of rain, snow, and ice; and

(4) Not be stored within any of the following set-backs:
a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective radius of any public water supply well; or

d. For storm drains, 50 feet.

(See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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