CHAPTER Env-Sw 1600 SOLID WASTE FACILITY OPERATOR
TRAINING AND CERTIFICATION
Statutory Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm 3300 as Env-Sw
1600, 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
1600 identify the former subtitle Env-Wm and number for the respective rule
prior to Document #8459.
PART Env-Sw 1601 PURPOSE
Env-Sw 1601.01 Purpose. The purpose of the rules in this chapter is
to implement a solid waste facility operator training and certification
program, pursuant to RSA 149-M:6, XIII and RSA 149-M:9, VI, to:
(a) Ensure that solid waste facility operators
are aware of potential adverse environmental impacts of solid waste facility
operations and the requirements that apply to such operations;
(b) Increase the likelihood that solid waste
facilities are operated in accordance with applicable requirements; and
(c) Reduce the likelihood of accidents or other
threats to the health and safety of individuals who work at a facility,
volunteer at a facility, or use a facility.
Source. #6619-B, eff 10-29-97;
(See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff
10-28-05 (formerly Env-Wm 3301.01); ss by #10600, eff 7-1-14; ss by #13623, eff
5-1-23
PART Env-Sw 1602 APPLICABILITY AND EXEMPTIONS
Env-Sw
1602.01 Applicability. Subject to Env-Sw
1602.02, this chapter shall apply to any individual who:
(a) Directly
operates a solid waste facility;
(b) Directly
manages a solid waste facility; or
(c) Directly
handles or otherwise manages solid waste at a solid waste facility.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3302.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw 1602.02
Exemptions. Pursuant to RSA 149-M:7, V, the following
individuals shall be exempt from this chapter:
(a) Individuals
who are employed by a solid waste facility under the work release program
established in RSA 651:19 and Cor 411, or who volunteer at a solid waste
facility pursuant to RSA 651:68, provided the facility owner provides training
and safety equipment for each task to be performed that are adequate to ensure
that the purpose of these rules, as stated in Env-Sw
1601.01, is met;
(b) Individuals
who volunteer at a solid waste facility, provided:
(1) The volunteers engage only in activities
that are essentially non-hazardous, such as providing information to facility
users and directing facility users to proper solid waste receptacles;
(2) The volunteers work under the supervision of
a certified operator; and
(3) The facility owner provides training and
safety equipment for each task to be performed that is adequate to ensure that
the purpose of these rules, as stated in Env-Sw
1601.01, is met;
(c) Individuals
whose only responsibility is to pick up litter at a facility; and
(d) Individuals
who are employed by or who volunteer at an exempt facility as defined in Env-Sw 1603.04.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3302.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART
Env-Sw 1603 DEFINITIONS
Env-Sw
1603.01 “Assistant operator” means the
status of an individual who has completed basic training and is maintaining their
certification, but who has not passed the operator examination described in
Env-Sw 1605.07.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1603.02 “Basic training” means training
and education presented by the department that imparts information and
instruction relevant to waste management and solid waste facility operations to
individuals who wish to become certified operators.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1603.03 “Continuing professional
development” means professional or technical instruction that imparts
information and instruction relevant to waste management and solid waste
facility operations to individuals who have already attended basic training.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.03); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1603.04 “Exempt facility” means:
(a) A permit-exempt facility;
(b) A permit-by-notification facility having an
active life of 90 days or less;
(c) An emergency permit facility; or
(d) A research and development permit facility.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.04); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw 1603.05 “Principal operator” means the status of an
individual who has completed basic training, has passed the examination
described in Env-Sw 1605.07, and who is maintaining their
certification.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.05); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1603.06 “Processed applicant” means the
status of an individual whose initial application for certification has been
approved by the department pursuant to Env-Sw
1605.06(c)(3), but who has not completed basic training.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART Env-Sw 1604 OPERATOR CERTIFICATION
Env-Sw
1604.01 Certification Required.
(a) All individuals identified in Env-Sw 1602.01 who are not covered by an exemption in Env-Sw 1602.02 shall:
(1) Be
certified by the department pursuant to this chapter; or
(2) Obtain
processed applicant status in accordance with Env-Sw
1606.01.
(b) Any individual required to obtain initial
certification shall complete and submit a "Solid Waste Facility Operator
Certification Initial Application", NHDES-S-05-028, April 2023, available
at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-028, for certification no more than 30 days after commencing work at the
solid waste facility, whether as a paid employee or a volunteer.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3304.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1604.02 Certification Designations.
(a) There shall be 2 operator certification
designations pursuant to this chapter, as follows:
(1) Assistant
operator certification, which shall be granted to a processed applicant that
has completed basic training as provided in Env-Sw
1607.01; and
(2) Principal
operator certification, which shall be granted to a processed applicant or an
assistant operator who completes basic training and passes the examination, as
provided in Env-Sw 1608.01.
(b) Each assistant operator and principal
operator shall also be assigned a step designation as provided in Env-Sw 1609 or Env-Sw 1611, as
applicable.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3304.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART
Env-Sw 1605
INITIAL CERTIFICATION
Env-Sw
1605.01 Applicability. This part shall apply to each
individual who:
(a) Is applying for assistant operator or
principal operator certification for the first time;
(b) Currently has assistant operator status, but
wishes to attain principal operator status; or
(c) Was previously certified, but:
(1) Failed
to renew their certification in accordance with Env-Sw
1611; or
(2) Had
their certification revoked pursuant to Env-Sw
1612.
Source. #6619-B, eff 10-29-97;
(See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff
10-28-05 (formerly Env-Wm 3305.01); ss by #10600, eff 7-1-14; ss by #13623, eff
5-1-23
Env-Sw
1605.02 Application Required. Any individual who is required to be
certified pursuant to Env-Sw 1602.01 shall file an
application that includes:
(a) The completed, signed application form as
specified in Env-Sw 1604.01(b); and
(b) The fee described in Env-Sw
1605.04.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3305.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1605.03 Content and Format of
Application.
(a) The applicant shall provide the following
information on the form specified in Env-Sw
1604.01(b):
(1) The
applicant’s name, residential mailing address, personal email address, and
daytime telephone number;
(2) Whether
the applicant has held any previous certification under this chapter, and if
so, each certificate number; and
(3) Whether
the applicant currently is working at a facility, whether on a paid or unpaid
basis, and if so:
a. The name, mailing address,
and telephone number and, if available, the email address, of each such facility;
b. The name and title of the
applicant’s supervisor or facility manager; and
c. The applicant’s current title or position, including a brief
description of the duties required by the position.
(b) The applicant shall sign and date the
application form.
(c) The applicant’s signature shall constitute
certification that the information provided in the application is true,
complete, and not misleading to the applicant’s knowledge and belief.
(d) Subject to (e), below, the applicant’s
signature also shall constitute certification that the applicant:
(1) Has
not owned or been in charge of any hazardous or solid
waste facility that has been the subject of an administrative or judicial
enforcement action for a violation of environmental statutes or rules in any
part of the 5-year period prior to the date of application; and
(2) Has
not been the subject of any administrative or judicial enforcement action for a
violation of environmental statutes or rules, whether individually or as a
business entity of any kind, in any part of the 5-year period prior to the date
of application.
(e) If the applicant cannot certify to one or both of the statements in (d), above, the applicant shall
provide a brief explanation of each enforcement action, including but not
limited to the following for each action:
(1) Whether
the enforcement action was directed to a facility at which the applicant worked
or to the applicant directly, whether individually or as a business entity of
any kind;
(2) A
description of each alleged violation; and
(3) An
explanation as to why these circumstances will not impede the applicant’s
ability and willingness to comply with applicable requirements at a facility.
Source. #10600, eff 7-1-14; ss
by #13623, eff 5-1-23
Env-Sw
1605.04 Application Fee - Initial
Certification.
(a) With the completed, signed application form,
the applicant shall submit the fee of $50 authorized by RSA 149-M:6, XIII, as
reprinted in Appendix B.
(b) The fee, if paid by check or money order,
shall be made payable to “Treasurer, State of
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1605.05 Application Processing:
Completeness Review.
(a) Upon receiving an application, the
department shall review the application to determine whether it is complete,
meaning that it provides all of the information
required by Env-Sw 1605.03(a), is signed as required
by Env-Sw 1605.03(b) through (e), and includes the
fee as required by Env-Sw 1605.04.
(b) If the application is not complete, the
department shall notify the applicant in writing of:
(1) What
is needed to complete the application; and
(2) The
deadline for submitting the information, which shall not be less than 10 days
nor more than 30 days from the date of notification.
(c) If an applicant fails to complete the
application prior to the deadline specified pursuant to (b)(2), above, then:
(1) The
application shall be denied; and
(2) The
applicant shall reapply with a new initial application and the required fee if
the applicant still wishes to become certified.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1605.06 Application Processing:
Substantive Review, Scheduling Basic Training.
(a) After
reviewing the application, the department shall deny the application if:
(1) The
applicant did not certify to one or both of the statements in Env-Sw 1605.03(d) and the explanation provided, if any, is
insufficient to demonstrate that the applicant is able and willing to comply
with all requirements applicable to a facility at which the applicant works;
(2) The
department has other information, whether from public records or a source the
department considers to be reliable, that the applicant might not be able or
willing to comply with all requirements applicable to a facility at which the
applicant works and, after meeting with the applicant, the department concludes
that the applicant is unlikely to be able or willing to comply with all
requirements applicable to a facility at which the applicant works; or
(3) The
department determines that any reason for initiating an action to suspend, revoke,
or refuse to renew an existing certification as stated in Env-Sw 1612.06 exists.
(b) If the application is denied, the department
shall inform the applicant in writing of the reason(s) for the denial and of
the process for appealing the decision should the applicant wish to appeal.
(c) If the department is satisfied that the
applicant has demonstrated that they are able and willing to comply with all
requirements applicable to any facility at which the applicant might work and
that no reason for initiating an action to suspend, revoke, or refuse to renew
an existing certification as stated in Env-Sw 1612.06
appears to exist, the department shall:
(1) Accept
the application;
(2) Schedule
the applicant to attend the next available basic training;
(3) Assign
the applicant the status of processed applicant; and
(4) Notify
the applicant in writing of their status and of the scheduled
basic training date.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1605.07 Certification Examination.
(a) The
department shall administer a written examination at the end of each basic training
session.
(b) The written examination shall test the
applicant’s knowledge of the substance of basic training, including but not limited
to:
(1) New
Hampshire and federal statutes;
(2) Department
rules;
(3) Identification
of solid waste;
(4) Procedures
and best management practices for managing solid waste;
(5) Hazardous
waste awareness;
(6) Procedures
for managing household hazardous waste, used oil, and universal wastes; and
(7) Department
permitting, inspection, and enforcement procedures.
(c) Examinations shall be graded on a pass/fail
basis, with the passing score being 70% correct.
(d) Individuals shall complete the examination
independently of assistance in order to obtain a
passing score.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1605.08 Failure to Complete Basic
Training or Pass Examination.
(a) An individual who fails to attend, or
attends but fails to complete, a basic training session may request to attend a
future basic training session by submitting a written request to the department
within 15 business days after the scheduled session, that
explains the reason(s) for such failure to attend or complete the session.
(b) The department shall:
(1) Only
grant one extension per processed applicant;
(2) Grant
the request and schedule the individual for a future training session if the
department determines that the failure was due to reasons beyond the control of
the individual;
(3) Deny the request if the
department determines that the criterion for granting the request
is not met, and notify the applicant of the denial in writing and provide the
reasons for the denial; and
(4) If the department denies
the request, it shall set a deadline, not to exceed 15 business days after the
scheduled training session, for the applicant to provide the necessary
information in writing, to address the reasons for denial.
(c) If an individual fails to meet the
requirements in (b)(4) above, the department shall deny the request and inform
the individual that they must file a new application and submit a new $50 fee
if certification is still desired.
(d) An individual who has filed a request
pursuant to (a), above, shall:
(1) Retain
processed applicant status until they attend and completes the scheduled
basic training session, if the request is granted; or
(2) Lose
processed applicant status if the request is denied.
(e) An individual who completes the basic
training session but fails the certification examination shall be
assigned assistant operator status.
(f) If an individual who fails the examination
still wishes to become a principal operator, the individual may retake the
examination without additional training within 8 weeks of the original test at
a time convenient to both the applicant and the department.
(g) If an individual who takes a second
examination as provided in (f), above, fails the second examination but wishes
to pursue principal operator certification, the individual shall:
(1) File
a newly prepared and signed application form as specified in Env-Sw 1605.02(a); and
(2) Re-take
basic training and another examination.
Source. #10600, eff 7-1-14; amd
by #12045, eff 11-18-16; ss by #13623, eff 5-1-23
PART Env-Sw 1606 PROCESSED APPLICANTS
Env-Sw
1606.01 Processed Applicant Status:
How Assigned. Processed applicant
status shall be assigned to applicants as specified in Env-Sw
1605.06(c)(3).
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1606.02 Processed Applicant Status:
When Effective. Processed applicant
status shall be effective from the date a complete application is filed with
the department to the earliest date the applicant:
(a) Obtains principal operator status pursuant
to Env-Sw 1608.01;
(b) Obtains assistant operator status pursuant
to Env-Sw 1607.01; or
(c) Fails to attend and complete basic training
as scheduled.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1606.03 Supervision of Processed
Applicants.
(a) Subject to (b), below, processed applicants
who work at a solid waste facility, whether for pay or as a volunteer, shall be
supervised by a principal operator while working at the facility.
(b) Any processed applicant who is a sole
proprietor of, or the sole employee for, a facility that operates or will
operate under a permit-by-notification may work at the facility without the
supervision of a principal operator.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.03); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART Env-Sw 1607 ASSISTANT OPERATORS
Env-Sw
1607.01 Assistant Operator
Certification: How Assigned.
Assistant operator certification shall be assigned to each processed
applicant who completes basic training, but:
(a) Does not take the operator certification
examination; or
(b) Fails
the operator examination.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.01); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1607.02 Assistant Operator Certification:
When Effective; Renewal.
(a) Initial assistant operator certification
shall be effective for one year from the date of completion of basic training.
(b) Assistant operator certification shall be
renewed annually in accordance with Env-Sw 1611.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.02); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1607.03 Supervision of Certified
Assistant Operators Required.
(a) Subject to (b), below, any assistant
operator who works at a solid waste facility, whether for pay or as a
volunteer, shall be supervised by a principal operator while working at the facility.
(b) Any certified assistant operator who is a
sole proprietor of, or the sole employee for, a facility that operates or will
operate under a permit-by-notification may work at the facility without the
supervision of a principal operator for up to one year, provided the operator
continues in good faith to attempt to pass the exam.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.03); ss by
#10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1607.04 Change from Assistant
Operator to Principal Operator. An
assistant operator whose assistant operator certification is current who wishes
to become a principal operator shall apply for a change in certification by
filing a new initial application as specified in Env-Sw
1605.02(a).
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART Env-Sw 1608 PRINCIPAL OPERATORS
Env-Sw
1608.01 Principal Operator
Certification: How Assigned.
Principal operator certification shall be assigned to each processed
applicant and assistant operator who:
(a) Completes basic training; and
(b) Passes an examination as described in Env-Sw 1605.07.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1608.02 Principal Operator
Certification: When Effective; Renewal.
(a) Initial principal operator certification
shall be effective for one year from the date of passing the examination.
(b) Principal
operator certification shall be renewed annually in accordance with Env-Sw 1611.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART Env-Sw 1609 OPERATOR STEPS
Env-Sw
1609.01 Operator Steps Assigned Upon
Original Certification. Individuals
shall obtain step designations based on the number of total continuing
professional development hours accumulated over the course of the individual’s
certification, as described in Env-Sw 1609.02.
Source. #10600, eff 7-1-14; ss by #12045, eff 11-18-16;
ss by #13623, eff 5-1-23
Env-Sw
1609.02 Operator Step Designations.
(a) Step designations shall be assigned to
principal operators and assistant operators as specified in table 1609-1,
below:
Table 1609-1: Steps Based on
Hours of Continuing Professional Development Completed
Step |
Hours of Continuing Professional Development
Completed |
1 |
2.5 total |
2 |
12.5 total |
3 |
25 total |
4 |
37.5 total |
(b) The designation of senior operator shall
apply to each principal operator who completes 50 total hours of continuing
professional development.
Source. #10600, eff 7-1-14; ss by #12045, eff 11-18-16;
ss by #13623, eff 5-1-23
Env-Sw
1609.03 Changes in Steps.
(a) To obtain a step increase, a principal
operator or assistant operator shall submit proof of continuing professional
development with the application for renewal as specified in Env-Sw 1611.
(b) A change in an individual’s step designation
shall be effective upon renewal of the individual’s certification.
Source. #10600, eff 7-1-14; ss by #12045, eff 11-18-16;
ss by #13623, eff 5-1-23
Env-Sw
1609.04 Retention and Loss of Steps
When Certification Has Expired. An
operator whose certification has expired per RSA 149-M:6, XIII shall retain the
same step designation as the expired certificate if the operator:
(a) Obtains
processed applicant status within one year of the expiration of the operator’s
previous certificate; and
(b) Completes
the process of obtaining a new certificate in accordance with these rules.
Source. #12045, eff 11-18-16; ss by #13623, eff 5-1-23
PART
Env-Sw 1610
CERTIFICATES; CERTIFIED OPERATOR RESPONSIBILITIES
Env-Sw
1610.01 Issuance of Certificates. The department shall issue:
(a) An assistant operator certificate to each
individual who takes basic training but does not take or does not pass the examination;
(b) A principal operator certificate to each individual who takes basic training and passes the
examination; and
(c) A renewal certificate to each operator who
renews their certification in accordance with Env-Sw
1611.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw 1610.02 Certificate
Content. Each certificate issued
pursuant to Env-Sw 1610.01 shall contain:
(a) A unique certificate number;
(b) The name of the certificate holder;
(c) The expiration date of the certificate;
(d) The operator’s status as a principal
operator or assistant operator; and
(e) The operator’s step designation.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1610.03 Certificates Non-Transferable. No certificate issued pursuant to this
chapter shall be transferable to any other person.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1610.04 Obligations of Certified
Operators. Any individual certified
as an assistant operator or principal operator under this chapter shall:
(a) Demonstrate knowledge of the solid waste
rules and operate the facility in compliance with all applicable requirements;
and
(b) Conduct all actions relating to the
collection, storage, transfer, treatment, or disposal of solid waste in such a
way as to safeguard public health and the proper operation and maintenance of a
facility.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
PART Env-Sw 1611 RENEWAL OF CERTIFICATES
Env-Sw
1611.01 Requirements for
Certification Renewal. A principal
operator or assistant operator who is certified under this chapter who wishes
to retain their certification shall:
(a) Obtain continuing professional development
hours as specified in Env-Sw 1611.02; and
(b) Submit a completed, signed "Solid Waste
Facility Operator Certification Renewal Application," NHDES-S-05-038, April
2023, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-038 as specified in Env-Sw 1611.03 with the fee as specified in Env-Sw 1611.04, no more than 90 days before the expiration date
of the applicant’s current certification and within 90 days after the
expiration date.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1611.02 Continuing Professional Development
Required.
(a) Each principal operator or assistant
operator who is certified under this chapter shall participate in 2.5 hours or
more of continuing professional development per year.
(b) Continuing professional development hours
shall be completed between the date of certification of the prior certificate
and the date of filing for certification renewal.
(c) An operator may repeat one or more training
courses, but repeated courses shall only qualify as continuing professional
development hours for purposes of step designations or certification renewal when
there is a 5-year period between completion dates for the repeated class.
(d) An operator may use in-house training or
training provided by a third-party trainer to satisfy the requirement in (a),
above, provided the operator:
(1) Retains a copy of the training materials
with the name of the instructor or training institution and proof of attendance
for not less than 3 years from the date of the training; and
(2) Provides a copy of the proof of attendance
with the renewal application.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1611.03 Renewal Application
Requirements.
(a) Any operator seeking certification renewal
shall submit the following information on the form specified in Env-Sw 1611.01(b):
(1) The
operator’s name, residential mailing address, email address, and daytime
telephone number;
(2) The
certificate number, date of issuance, and date of expiration of:
a. The operator’s current
certificate, if the renewal application is submitted within 90 days of the
certificate’s expiration date; or
b. The operator’s most recent
certificate, for any operator whose certification has expired as specified in
Env-Sw 1611.08;
(3) If
the operator currently works at one or more facilities, whether for pay or as a
volunteer, the following information for each such facility:
a. Name, mailing address, email
address, and daytime telephone number of the facility;
b. Name and title of the
operator’s supervisor or facility manager; and
c. The operator’s current title
or position, with a brief description of the duties required of the position;
and
(4) Proof
that the operator has attended 2.5 hours or more of continuing professional
development since the certification date of the operator’s current
certification.
(b) The operator shall sign and date the
application form.
(c) The operator’s signature shall constitute
certification that the information provided by the operator on the
certification renewal form is true, complete, and not misleading to the
operator’s knowledge and belief.
(d) Subject to (e), below, the operator’s signature
also shall constitute certification that the operator:
(1) Has
not owned or been in charge of any hazardous waste or
solid waste facility which has been the subject of an administrative or
judicial enforcement action for a violation of environmental statutes or rules
in any part of the 12-month period prior to the date of application; and
(2) Has
not been the subject of any administrative or judicial enforcement action for a
violation of environmental statutes or rules, whether individually or as a
business entity of any kind, in any part of the 12-month period prior to the
date of application.
(e) If the operator cannot certify to one or both of the statements in (d), above, the operator shall
provide a brief explanation of each enforcement action, including but not
limited to the following for each action:
(1) Whether
the enforcement action was directed to a facility at which the operator worked
or to the operator directly, whether individually or as a business entity of
any kind;
(2) A
description of each alleged violation; and
(3) An
explanation as to why these circumstances do not impede the operator’s ability
or willingness to comply with applicable requirements at a facility.
Source. #10600, eff 7-1-14; amd
by #12045, eff 11-18-16; ss by #13623, eff 5-1-23
Env-Sw
1611.04 Renewal Application Fee.
(a) The renewal application fee shall be as
provided in RSA 149-M:6, XIII, which, as reprinted in Appendix B, is:
(1) $50.00
if the renewal application is received prior to the expiration of the
operator’s current certification; or
(2) $75.00
if the renewal application is received within 90 days after the expiration date
of the operator’s current certification.
(b) Renewal fees, if paid by check or money
order, shall be made payable to “Treasurer, State of
Source. #10600, eff 7-1-14; amd
by #12045, eff 11-18-16; ss by #13623, eff 5-1-23
Env-Sw
1611.05 Processing Renewal
Applications.
(a) Any application for certification renewal
received by the department more than 90 days prior to the certificate’s
expiration date shall be returned to the operator for re-submittal during the
appropriate time frame.
(b) The department shall review each application
for certification renewal that is received within the time
period specified in Env-Sw 1611.01(b).
(c) The department shall approve the application
and issue a renewal certification if:
(1) The
application for renewal contains all of the information required by Env-Sw 1611.03(a), is signed as required by Env-Sw 1611.03(b) - (e), and includes the appropriate fee as
determined under Env-Sw 1611.04;
(2) The
applicant has complied with the continuing professional development required by
Env-Sw 1611.02; and
(3) The
department has no grounds for denying the renewal as specified in Env-Sw 1612.
(d) Renewal certificates shall contain the
information specified in Env-Sw 1610.02.
(e) If the conditions specified in (c), above,
are not met, the department shall deny the renewal application,
notify the applicant of the denial in writing, and provide the
reasons for the denial.
(f) The department shall set a deadline, not to exceed 15 business
days, for the applicant to provide the necessary information to address the
reasons for denial.
(g) If the conditions in (c), above, are not met
by the end of the 90-day period provided in RSA 149‑M:6, XIII, the
department shall:
(1) Deny
the renewal application in writing and state the reason(s) for the
denial; and
(2) Identify
the applicable provisions for appeal.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1611.06 Renewal Certification
Expiration; Adjustment of Expiration Date.
(a) The expiration date for a renewed
certification shall be one year from the expiration date of the certification
being renewed, regardless of the date it is actually issued.
(b) At the time of filing an application for
renewal, an operator whose certification has not expired or been suspended or
revoked may request a change in the expiration date of the renewal certificate
by submitting a written request with the renewal application that includes an
explanation of why the operator wishes to change the date.
(c) The department shall adjust the expiration date
in response to a request that complies with (b), above, if:
(1) The date requested for
renewal is no more than one year from the current renewal date; and
(2) The
operator has not been or will not be working at a facility, whether for pay or
as a volunteer, for 6 months or more due to illness, injury, family
requirements, military deployment, or other such reason.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1611.08 Failure to Renew Certificate.
(a) If a complete renewal application is not
submitted as required by Env-Sw 1611.01(b), then:
(1) The certification shall
be deemed expired as required by RSA 149-M:6, XIII; and
(2) The department shall
remove the operator’s name from the roster of certified operators and remove
the expired certification number from use.
(b) If a previously-certified
individual whose certification has expired as specified in (a), above, wishes
to once again be certified, then:
(1) The individual shall
apply for certification in accordance with Env-Sw
1605; and
(2)
The department shall issue a new
certification number to the individual if the individual completes the
certification process.
Source. #10600, eff 7-1-14;
ss by #12045, eff 11-18-16; ss by #13623, eff 5-1-23 (formerly Env-Sw 1611.07)
PART
Env-Sw 1612
REFUSAL TO RENEW; SUSPENSION; REVOCATION
Env-Sw
1612.01 Applicability. This part shall apply to actions by the
department to revoke, suspend, or refuse to renew a
certification.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw 1612.02 Initiation
of Action to Suspend, Revoke, or Refuse to Renew Certificate.
(a) After issuing a certificate or receiving a
request for renewal of a certificate, if the department receives
information which indicates that cause, as defined in Env-Sw
1612.06, exists to revoke, suspend, or refuse to renew the
certificate, the department shall proceed in accordance with the provisions in
RSA 541-A and Env-C 200 that apply to adjudicative proceedings.
(b) After initiating a proceeding under (a), above,
the department shall determine whether to revoke, suspend, or refuse
to renew the certificate as specified in Env-Sw
1612.03 through Env-Sw 1612.05.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1612.03 Revocation of Certificate;
Refusal to Renew Certificate.
(a) In any proceeding initiated pursuant to Env-Sw 1612.02, the department shall revoke or refuse to renew
the certificate, as applicable, if the department determines that:
(1) The underlying cause for the action cannot be corrected to
conform to applicable requirements;
(2) The
operator’s conduct caused harm or posed a substantial threat of harm to public
health or the environment;
(3) The
operator does not acknowledge the severity of their conduct, shows no remorse,
or otherwise exhibits a disregard for the solid waste operator certification
program; or
(4) The
operator is a chronic violator as defined in Env-C 209.
(b) An individual whose operator certification
has been revoked or refused renewal pursuant to (a), above, shall not be
eligible to submit an application under Env-Sw 1605
to become a certified operator in New Hampshire unless and until the individual
has submitted a written request that has been approved by the department as
specified in (c) through (f), below.
(c) No sooner than one year from the date the
certification was revoked or refused renewal, the individual seeking to apply
for certification shall submit a written request to the department requesting
that they be allowed to attend a basic training session and take the
certification exam.
(d) The request filed pursuant to (c), above,
shall demonstrate that the individual:
(1)
Understands the seriousness of the
offense(s);
(2)
Has taken responsibility for their
actions; and
(3) Has taken courses or otherwise engaged in
education relating to solid waste management at a rate of 2.5 hours or more for
each year since the certificate was revoked or refused renewal.
(e) The department shall approve the request to
apply only if the department determines, based on the information provided
pursuant to (d), above, that the individual is not likely to repeat the
action(s) that caused their certificate to be revoked or refused
renewal.
(f) The department shall notify the individual
in writing of its decision. If the
department denies the request to apply, the notice shall specify the reason(s)
for the denial.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw
1612.04 Suspension.
(a) In any proceeding initiated pursuant to Env-Sw 1612.02, the department shall suspend the certificate,
subject to (b) and (c), below, if the department determines that:
(1) The underlying cause for the action cannot be corrected to
conform to applicable requirements; and
(2) The
operator’s conduct does not meet the criteria for revoking the certification specified
in Env-Sw 1612.03(a).
(b) If the department determines that the
operator would benefit from additional continuing professional development, the
department shall include as a condition of the suspension that the operator
obtain the additional continuing professional development prior to requesting
reinstatement pursuant to (c), below.
(c) If a certificate is suspended pursuant to (a), above,
the department shall not reinstate the certificate until:
(1) The underlying cause for the action has been
corrected to conform with applicable requirements;
(2) Any conditions established under (b), above,
have been met; and
(3) The certificate holder submits a written
request to the department requesting that the certificate be reinstated which
includes such documentation as is necessary to demonstrate that any conditions
established under (b), above, have been met.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
Env-Sw 1612.05 Good Cause for Action. Good cause to revoke, suspend, or refuse to
renew a certification shall include the following:
(a) The
individual obtained or assisted another to obtain certification through fraud,
deceit, or falsification, such as by:
(1)
Submitting false or misleading
information in any initial or renewal application;
(2)
Cheating or assisting another to
cheat on the examination; or
(3)
Falsifying attendance at operator
training or continuing professional development;
(b) The individual failed to use reasonable care
and judgment in the performance of their duties;
(c) The individual took action(s) or failed to
take action(s) relating to the collection, storage, transfer, treatment, or
disposal of solid waste in such a way as to jeopardize public health or
compromise the proper operation and maintenance of a facility; and
(d) The individual failed to comply with an
order of the department relative to the management of solid waste or the
facility.
Source. #10600, eff 7-1-14; ss by #13623, eff 5-1-23
(formerly Env-Sw 1612.06)
Appendix
A: Statutes Implemented
Rule Sections |
State Statute(s) Being
Implemented |
|
|
Env-Sw 1600 |
RSA
149-M:6, XIII; RSA 149-M:7, VI; RSA 149-M:9, VI |
Env-Sw 1601.01 |
RSA 149-M:6, XIII; RSA 149-M:7, VI; RSA
149-M:9, VI |
Env-Sw 1605.08(e), 1609, 1611.03(a)(2), 1611.04(a) intro |
RSA
149-M:6, XIII; RSA 149-M:9, VI |
Env-Sw 1611.08 – Env-Sw 1612.05 |
RSA
149-M:6, XIII; RSA 149-M:9, VI |
|
|
Appendix B: Statute Cited
RSA 149-M:6 Responsibilities.
– The department shall have the responsibility
and authority to:
XIII. Establish and administer a
certification program for solid waste operators which shall include training
courses, and may include testing. The
fee for certification shall not exceed $50 per attendee, and shall be deposited
in the nonlapsing revolving fund established in RSA
21-O:1-a. Certification shall be renewed
annually. If the renewal fee is not
submitted within 90 days after the certificate's expiration date, the certified
individual's name shall be removed from the current status and the
certification shall be deemed expired.
The department shall charge a late fee of 50 percent of the renewal fee
in addition to the renewal fee if the renewal is received after the
certificate's expiration date.