CHAPTER
Env-Sw 100
SOLID WASTE PROGRAM: PURPOSE, APPLICABILITY, AND DEFINITIONS
Statutory
Authority: RSA 149-M:7
REVISION NOTE:
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 replaces 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
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 at chapter heading for Env-Sw
100) #8460-B, eff
10-28-05
Env-Sw
101.02 Applicability.
(a)
The rules in subtitle Env-Sw shall apply to
management of solid waste in
(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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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, including a solid waste which
the generator formally declares in accordance with Env-Wm 502.01(c)(2) 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
(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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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
ceased operating before July 10, 1981.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
PART
Env-Sw 102
SOLID WASTE RULE DEFINITIONS: A THROUGH E
Env-Sw
102.01 “Abutter” means “abutter” as
defined by RSA 149-M:4, I, namely “any person who owns property adjacent to, or
across a road, railroad, or stream from the property on which a solid waste
facility may be permitted.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.02 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.03 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.04 “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 and/or contamination.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.05 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.06 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.07 “Applicant” means the person
applying for a permit, permit modification, certificate, waiver
or other approval pursuant to the solid waste rules and who will be responsible
for complying with the provisions of the approval, if granted.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.08 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.09 “Approved design capacity” means
the quantity of waste a facility is authorized to manage, expressed as follows:
(a)
For all facilities, the average weekly tonnage to be received at the
facility during the quarter in which the most waste is anticipated to be
received, as specified in the permit or the permit exemption;
(b)
For processing or treatment or transfer facilities:
(1) The rated through-put capacity of the
equipment for processing of solid waste, as specified in the permit or permit
exemption; and
(2) The approved storage capacity; and
(c)
For landfills, the approved design volume.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.10 “Approved design volume” means
the maximum in-place volume of waste, including cover materials, to be received
at a landfill during its active life, as specified in the permit or the permit
exemption.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B, eff
10-28-05
Env-Sw
102.11 “Approved storage capacity” means
the maximum quantity of waste which a facility is authorized to store, pending
removal, processing, treatment or disposal as
specified in the permit or permit exemption.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.12 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.13 “Asbestos” means asbestos as
defined by RSA 141-E:2, I, namely "amosite, chrysotile, crocidolite, or
asbestiform tremolite, actinolite, or anthophyllite."
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.14 “Asbestos waste” means:
(a)
Solid waste that contains more than one percent asbestos by weight;
(b)
Any asbestos-containing solid waste that is collected in a pollution
control device designed to remove asbestos; and
(c)
The entire volume and weight of any waste identified in (a) or (b) above
when mixed with any other material or any solid waste.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.15 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.16 “Authorized facility” means a
facility holding all requisite federal, state or local
permits, licenses or approvals. As
applied to a
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.17 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.18 “Base flood” means a flood that
has a one percent chance of being equaled or exceeded in any given year. The term includes “100-year flood.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.19 “Bill of lading” means a receipt,
issued by the transporter, listing waste and/or materials shipped.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.20 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.21 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.22 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 102.23 “Bulky waste” means large items that cannot
be handled by normal solid waste processing, collection
or disposal methods, such as appliances, 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.24 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.25 “Call” means action by the
department to invoke the provisions of a temporary permit requiring the
permittee to either commence the facility closure process 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.26 “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 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw
102.27 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.28 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.29 “Certified operator” means an
individual certified pursuant to Env-Sw 1600.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
102.30 “Certified waste-derived product”
means a waste-derived product certified for distribution and use pursuant to
Env-Sw 1500.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 102.31 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 102.32 “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
Env-Sw 102.33 “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 by Env-Sw 104.54, “recycling
facility” as defined by Env-Sw 104.20, stockpiles of
waste, and collection devices such as dumpsters.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.33)
Env-Sw 102.34 “Combined ash” means a mixture of bottom ash
and fly ash.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.34)
Env-Sw 102.35 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered
by #13357 (formerly Env-Sw 102.35)
**Env-Sw
102.36 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.36)
Env-Sw 102.37 “Compost” means “compost” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.37)
Env-Sw 102.38 “Composting facility” means a facility which
produces compost.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.38)
Env-Sw 102.39 “Confidential business information” means
information that is exempt from disclosure under RSA 91-A:5, IV.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.39)
Env-Sw 102.40 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.40)
Env-Sw 102.41 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.41)
Env-Sw 102.42 “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 102.42)
Env-Sw 102.43 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.43)
Env-Sw 102.44 “Department” means “department” as defined by
RSA 149-M:4, V, namely “the department of environmental services.”
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)
Env-Sw 102.45 “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 102.45)
Env-Sw 102.46 “Director” means the director of the division
of waste management.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.46)
Env-Sw 102.47 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.47)
Env-Sw 102.48 “Disposal” means “disposal” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.48)
Env-Sw 102.49 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.49)
Env-Sw 102.50 “District
plan” means “district plan” as defined by RSA 149-M:4, VIII, namely “the plan
developed for waste management within a district, and
approved by the department.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.50)
Env-Sw 102.51 “Division”
means the division of waste management within the department of environmental
services.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.51)
Env-Sw 102.52 “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 application is first deemed incomplete by the department.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.52)
Env-Sw 102.53 “Downtime
waste” means any processable or treatable solid waste accumulated during a
scheduled or unscheduled shut-down of facility operations.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.53)
Env-Sw 102.54 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.54)
Env-Sw 102.55 “Emergency
permit facility” means a facility authorized or requiring authorization by
issuance of an emergency permit.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.55)
Env-Sw 102.56
“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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.56)
Env-Sw 102.57
“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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.57)
Env-Sw 102.58
“Environmental monitoring points” means locations, monitoring wells, and
devices for sampling air, soil, groundwater or surface
water at a facility.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.58)
Env-Sw 102.59 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.59)
Env-Sw 102.60 “Existing
facility” means a facility that was in existence prior to October 29, 1997.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.60)
Env-Sw 102.61 “Expansion”
means an increase in the approved design capacity, approved design volume or
approved storage capacity of a facility.
Source. (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered
by #13357 (formerly Env-Sw 102.61)
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.03 “Floodplain” means the land area adjoining
inland or coastal waters which is capable of being inundated by a base flood.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.04 “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
Env-Sw 103.05 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.06 “Friable
asbestos” means “friable asbestos material” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.07 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.08 “Geocomposite” means a manufactured material using geotextiles,
geogrids, geomembranes, or combinations of same, in a laminated or composite
form.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.09 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.10 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.11 “Geonet”
means a type of a geosynthetic that allows planar flow of liquids.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.12 “Geosynthetics” means the generic
classification of all synthetic materials used in geotechnical engineering
applications, including geotextiles, geogrids, geomembranes, and geocomposites.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.13 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.14 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.15 “Groundwater table” means the seasonally high
surface of groundwater naturally occurring at atmospheric pressure.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.16 “Hazardous
waste” means hazardous waste as defined by 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.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.17 “Hazardous
waste rules” means the rules found in Env-Wm 101, Env-Wm 110, Env-Wm 211
through Env-Wm 216, Env-Wm 351 through Env-Wm 353 and
Env-Wm 400 through Env-Wm 1000.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.18 “Hearing”
means “hearing” as defined by RSA 149-M:4, X, namely “the opportunity for the
submission of written or oral comments, or both.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.19 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.20 “Household
hazardous waste” means hazardous waste generated from non-commercial usage by individuals
in their living abodes.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.21 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.22 “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 and property owner:
(a) If an individual, the individual’s name, date
of birth, mailing address and telephone number; or
(b) If other than an individual:
(1) The information required by RSA 149-M:10, I(b);
and
(2) The name, title, mailing address and
telephone number of the individual associated with and designated by the
identified party to be the contact individual for matters concerning the
application or registration being filed.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.23 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.24 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.25 “Incinerator”
means “incinerator” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.26 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.27 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.28 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.29 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.30 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.31 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.32 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.33 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.34 “Leachate”
means a liquid, including any suspended components in the liquid, which has
contacted or passed through solid waste.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.35 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.36 “Limited
private facility” means a type of “private facility” as defined by RSA 149-M:4,
XVI that is permitted to receive only wastes generated by permittee.
Source. (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw 103.37 “Limited
public facility” means a type of “public facility” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.38 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.39 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.40 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.41 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 103.42 “Manure”
means manure as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw
103.43 “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
Env-Sw 103.44 “Monitoring
well” means a well used for the purpose of sampling
groundwater and/or measuring groundwater elevations.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.43)
Env-Sw 103.45 “Monofill” means a landfill or landfill cell into which only
one type of waste is placed.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.44)
Env-Sw 103.46 “Mixed
municipal solid waste” means municipal solid waste that is not separated by
type.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.45)
Env-Sw 103.47 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.46)
Env-Sw 103.48 “New
facility” means a facility not existing as of October 29, 1997. The term includes proposed facilities and
landfill expansions beyond the footprint boundaries.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.47)
Env-Sw 103.49 “Non-friable asbestos” means any asbestos
material which does not contain friable asbestos.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.48)
Env-Sw 103.50 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.49)
Env-Sw 103.51 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.50)
Env-Sw 103.52 “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)
Env-Sw 103.53 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.52)
Env-Sw 103.54 “Open
burning” means “open burning” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
103.53)
Env-Sw 103.55 “Owner”
means a person who owns a facility or part of a facility.
Source. (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw
103.54)
PART
Env-Sw 104
SOLID WASTE RULE DEFINITIONS: P
THROUGH Z
Env-Sw 104.01 “Permit”
means “permit” as defined by RSA 149-M:4, XIV, namely “an authorization from
the department for the construction and operation of a facility.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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, Env-Sw 607, Env-Sw 707, and Env-Sw 809.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.07 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.08 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.09 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.10 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.11 “Process”
means any activity that changes the chemical, biological or physical
characteristics of a waste.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.12 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.13 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.14 “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” and “facility owner.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.15 “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
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.16 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.17 “Putrescible material” means any organic
material which can decompose and give rise to foul odors and noxious
by-products.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.18 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.19 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.20 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.21 “Recycling”
means “recycling” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.22 “Refuse”
means “refuse” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.23 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.24 “Research
and development facility permit” means a permit issued pursuant to the solid
waste rules authorizing research and development projects.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.25 “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 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw 104.26 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.27 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.28 “Reuse”
means the act of placing a waste into service again, subsequent
to its generation.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.29 “Runoff”
means the liquid that drains from an area as surface flow.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.30 “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 used auto parts which are removed from the vehicle and
reused as auto parts on another vehicle; used furniture pieces which are
repaired or restored for use as furniture; used tools or equipment which are
reconditioned and returned to use as tools or equipment; left-over latex paint
used as paint; scrap fabric used as fabric; scrap lumber used as lumber; and
used brick used as brick.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.31 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.32 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.33 “Select recyclable material” means a recyclable
material comprised of one of the following materials: paper, cardboard, glass, plastic, ferrous
metal, non-ferrous metal, or textile materials.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.34 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.35 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.36 “Solid
waste” means “solid waste” as defined by 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
[RSA 149‑M] 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 by the Atomic Energy
Act of 1954, as amended; or septage or sludge as defined in RSA 485-A:2, IX-a
and XI-a,” that is to say sludge which is not disposed at solid waste facilities
permitted under RSA 149-M. 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, and bodies of deceased persons.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.37 “Solid
waste management” means “solid waste management” as defined by 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 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw 104.38 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.39 “Solid
waste rules” means those rules found in subtitle Env-Sw.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.40 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.41 “Source
reduction” means “source reduction” as defined in RSA 149-M:4, XXIV, namely
“changing industrial processes, technologies and product components with the
specific objective of reducing the amount or toxicity of waste at the Source.”
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.42 “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
Env-Sw 104.43 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.44 “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 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw 104.45 “Standard
permit facility” means a facility authorized or requiring authorization by
issuance of a standard permit.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.46 “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 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05
Env-Sw 104.47 “Storage”
means the temporary accumulation, containment or stockpiling of wastes.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.48 “Surface
water” means “surface waters of the state” as defined by 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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.49 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.50 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.51 “Temporary
permit facility” means a facility holding a temporary permit.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.52 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.53 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.54 “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
Env-Sw 104.55 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.56 “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)
Ash;
(b)
Bulky waste;
(c)
Construction and demolition debris;
(d)
Hazardous
waste;
(e)
Household
hazardous waste;
(f)
Household
infectious waste;
(g)
Infectious
waste;
(h)
Municipal
solid waste;
(i) Putrescible waste;
(j)
Recyclable
materials;
(k)
White goods; and
(l)
Yard waste.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.57 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.58 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.59 “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 effect
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
Env-Sw 104.60 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05
Env-Sw 104.61 “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
Env-Sw 104.62 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.61)
Env-Sw 104.63 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.62)
Env-Sw 104.64 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.63)
Env-Sw 104.65 “Wetland”
means an area that is subject to the jurisdiction of the department under RSA
482-A.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.64)
Env-Sw 104.66 “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 at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.65)
Env-Sw 104.67 “Working
face” means the portion of a landfill where solid waste is being actively
deposited, spread, compacted, and covered.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.66)
Env-Sw 104.68 “Yard
waste” means leaves, grass clippings, garden debris, and small or chipped
branches.
Source. (See Revision Note at chapter heading for
Env-Sw 100) #8460-B,
eff 10-28-05 (from Env-Sw
104.67)
APPENDIX
|
Rule |
State Or Federal 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 |