147-A:5 Terms and Conditions of Operator Permits; Facility Personnel; Certified Hazardous Waste Coordinator Program; Hazardous Waste Generator Self-Certification Program. –
I. The department shall not issue a permit to a hazardous waste facility unless the facility meets the terms and conditions required in rules adopted by the department. These terms and conditions include, but are not limited to, evidence of financial responsibility in the amount set by the department after consultation with the commissioner of insurance. This amount shall be whatever is necessary to:
(a) Protect the public health and welfare and the environment; and
(b) Insure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped.
II. Personnel employed in the operation of any facility shall meet the qualifications concerning training as deemed necessary by the department, after a review of the characteristics, properties, and volume of hazardous wastes to be treated, stored, or disposed of at the facility.
III. (a) Each hazardous waste generator that generates more than 220 pounds of hazardous waste per month shall have on staff at the facility where the hazardous waste is generated a hazardous waste coordinator certified by the department. The certified hazardous waste coordinator shall be responsible for ensuring that the generator is aware of and in compliance with applicable requirements relating to hazardous waste management, including but not limited to storage, transportation, and disposal. Certification shall not be transferable. Initial certification shall be valid for one year and may be renewed for subsequent one-year terms. The department may charge a reasonable fee to cover expenses for education and training programs that fulfill the initial certification and continuing education requirements. The commissioner may authorize alternative certified hazardous waste coordinator programs provided the program demonstrates equivalent on-site staffing, training, continuing education, and management organization to meet the responsibilities of this paragraph.
(b) Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of $125 per year to cover department expenses for conducting the certification program.
IV. (a) Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the applicable hazardous waste generator rules. The declaration shall be on a form provided by the department.
(b) Each hazardous waste generator that generates less than 220 pounds/100 kilograms of hazardous waste per month shall pay non-refundable fees at a rate of $60 per year for the period of January 1, 2004 to June 30, 2007, and at a rate of $90 per year beginning July 1, 2007, to cover department expenses for conducting the self-certification program and hiring of program staff. Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).
(c) If the self-certification fee is not paid within 60 days of the due date, interest shall be assessed at a rate established by the commissioner, and shall be deposited into the cleanup fund. The commissioner may waive all or any portion of interest for good cause.
(d) Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.
(e) Hazardous waste generators that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this paragraph.