CHAPTER
Env-Sw 900 MANAGEMENT OF CERTAIN WASTES
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm 2600 as Env-Sw
900, 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
900 identify the former subtitle Env-Wm and number for the respective rule
prior to Document #8459.
PART
Env-Sw 901 ASBESTOS
Env-Sw 901.01 Applicability.
(a) The rules in
this part shall apply to the management of asbestos waste, both friable and
non-friable.
(b) The rules in
this part shall apply to the management of material having the potential to be
asbestos waste based on its visual appearance, form, function and other
available information, unless testing in accordance with the analytical
procedures in 40 CFR 61 determines the waste to be non-asbestos based.
(c) The rules in
this part shall apply to wastes and materials that are combined or mixed with
asbestos waste.
(d) The rules of
this part shall apply from the point of waste origination to the point of waste
disposal.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.01); ss by #10598, eff 7-1-14
Env-Sw 901.02 Collection,
Storage and Transfer Requirements.
(a) Collection,
storage and transfer of asbestos waste shall be accomplished in a manner as to
prevent the release of asbestos fibers to the environment, and in conformance
with Env-Sw 400, 40 CFR 61, 29 CFR 1910, 29 CFR 1926, He-P 5000, Env-A 1800 and
(b) through (f) below.
(b) Collected
asbestos waste that is friable or exhibits friable characteristics shall be processed
or treated in accordance with Env-Sw 901.03 prior to storage, transfer or
disposal.
(c) Collected
asbestos waste shall be packaged and labeled in accordance with Env-Sw 901.06
prior to storage or transfer.
(d) Asbestos waste
shall be stored only in areas:
(1) Restricted from public access;
(2) Protected from the elements, specifically
including wind and water;
(3) Regularly monitored to assure site security;
and
(4) Conspicuously posted with legible signs
imprinted with the following:
a. “Danger”;
b. “Asbestos waste storage area”;
c. “Dust, cancer and lung disease hazard”; and
d. “Authorized personnel only.”
(e) The permittee
shall notify local fire officials as to the establishment and location of an asbestos
storage facility requiring a standard permit to alert responding fire personnel
of the potential hazard in the event of a fire.
(f) Asbestos waste
shall be transferred only to facilities authorized to receive asbestos waste.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.02); ss by #10598, eff 7-1-14
Env-Sw 901.03 Processing
and Treatment Requirements.
(a) Asbestos waste
shall be processed or treated in accordance with Env-Sw 500 and this section,
and in accordance with other applicable state rules and federal regulations including
40 CFR 61, 29 CFR 1910 and 1926, Env-A 1800 and He-P 5000.
(b) Prior to
packaging, storage or disposal, asbestos waste that is friable or exhibits
friable characteristics shall be treated to limit the potential for release of
asbestos fibers using one or more of the following methods in accordance with
40 CFR 61 and Env-A 1800:
(1) Spray with water or amended water;
(2) Cover with an encapsulant or sealant, using
an airless or electrostatic sprayer if the material is hydrophobic; or
(3) Another method determined pursuant to Env-A
1800 to be functionally equivalent to the above, based on information submitted
by the person responsible for the treatment.
(c) Facilities that
process or treat asbestos waste shall collect, store and transfer the waste in
accordance with Env-Sw 901.02.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.03); ss by #10598, eff 7-1-14
Env-Sw 901.04 Disposal
Requirements.
(a) Asbestos waste
shall be landfilled at authorized facilities only.
(b) Asbestos waste
that is friable or exhibits friable characteristics shall not be landfilled
prior to being:
(1) Treated in accordance with Env-Sw 901.03; and
(2) Packaged and labeled in accordance with
Env-Sw 901.06.
(c) Facilities which
landfill asbestos waste shall be equipped and staffed to manage the asbestos in
conformance with the solid waste rules, including:
(1) Personnel protective equipment pursuant to
Env-Sw 901.08(a);
(2) Staff trained pursuant to Env-Sw 901.08(a);
(3) Equipment for wetting asbestos; and
(4) Decontamination equipment.
(d) Prior to
receiving asbestos waste, the landfill operator shall prepare a disposal area
within the permitted footprint to allow the asbestos waste to be placed and
immediately covered without release of asbestos fibers to the air and without
direct contact between the asbestos waste and personnel and equipment.
(e) Containers of
asbestos waste shall be unloaded at landfills in such a manner as to prevent:
(1) Release of asbestos fibers;
(2) Personal exposure to asbestos fibers; and
(3) Direct contact with asbestos fibers by
personnel and equipment.
(f) Non-rigid
containers which have been exposed to asbestos waste shall be disposed with the
asbestos waste.
(g) Following
placement in the disposal area, asbestos waste shall be immediately covered
with at least 3 feet of non-asbestos waste or 18 inches of soil.
(h) An asbestos
waste disposal facility shall compile records pursuant to 40 CFR 61, to include
a map or diagram of the disposal area identifying the location, depth, area and
quantity of asbestos waste landfilled at the facility.
(i) Records
specified by (h) above shall be maintained in accordance with Env-Sw 1105.06.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.04); ss by #10598, eff 7-1-14
Env-Sw 901.05 Reuse
Requirements and Limitations.
(a) Asbestos waste
shall not be reused.
(b) Reuse of
containers used for storage or transportation of asbestos waste shall comply
with Env-Sw 901.06 (d) through (f).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.05); ss by #10598, eff 7-1-14
Env-Sw 901.06
Transportation, Packaging and Labeling Requirements.
(a) Prior to
storage, transportation or disposal, asbestos waste shall be packaged and
labeled in accordance with state rules and federal regulation, including as
applicable, 40 CFR 61, 29 CFR 1910, 29 CFR 1926, Env-A 1800 and this section.
(b) Prior to being
packaged, asbestos waste that is friable or exhibits friable characteristics
shall be treated in accordance with Env-Sw 901.03.
(c) Bags used for
disposal of friable asbestos waste shall be made of at least 6 mil polyethylene
or a functional equivalent.
(d) Bags identified
in (c) above shall not be reused.
(e) Containers
receiving bulk unwrapped asbestos waste shall be lined with at least 20 mil polyethylene
or its functional equivalent.
(f) The liner
material identified in (e) above shall not be reused.
(g) A waste shipment
record shall accompany all asbestos waste when transported, pursuant to the
provisions of 40 CFR 61.
(h) Asbestos waste
transporters shall comply with United States Department of Transportation
regulations and
(i) Asbestos waste
transporters shall notify the receiving landfill prior to delivering a shipment
of asbestos waste, so as to provide the landfill operator with the opportunity
to properly prepare the disposal area pursuant to Env-Sw 901.04.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.06); ss by #10598, eff 7-1-14
Env-Sw 901.07 Testing
and Reporting Requirements.
(a) If during transportation
a person spills one pound or more of asbestos waste that is friable or exhibits
friable characteristics, the person shall immediately report the incident by
telephone to the following agencies and entities:
(1) The department’s air resources division and
waste management division;
(2) The hazardous material team at the department
of safety; and
(3) The national response center.
(b) The analytical
testing procedures specified in 40 CFR 61 shall be used to determine whether a waste
is asbestos waste.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.07); ss by #10598, eff 7-1-14
Env-Sw 901.08 Other
Requirements.
(a) Personnel
handling asbestos waste shall be trained and equipped as required by 29 CFR
1910 and Env-A 1800.
(b) Asbestos waste
shall not be intentionally combined or mixed with other waste types prior to
disposal.
(c) Asbestos waste
shall not be incinerated.
(d) Asbestos waste
and waste mixtures shall not be composted.
(e) Asbestos waste
and waste mixtures shall not be land applied.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2601.08); ss by #10598, eff 7-1-14
PART
Env-Sw 902 ASH
Env-Sw 902.01 Applicability.
(a) Except as
provided in (b) below, the rules in this part shall apply to management of
bottom ash and fly ash from the point of origin to the point of final disposal.
(b) The rules in
this part shall not apply to:
(1) Ash generated by private residences from the
combustion of wood or fossil fuel;
(2) Ash from crematoriums;
(3) Wood ash certified for distribution and use
pursuant to Env-Sw 1700, provided it is distributed and used in accordance with
the certification; and
(4) Boiler slag from the combustion of coal
managed in accordance with Env-Sw 302.03(b)(8).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.01); ss by #10598, eff 7-1-14
Env-Sw 902.02 Collection,
Storage and Transfer Requirements.
(a) Collection,
storage and transfer of ash shall comply with Env-Sw 400 and this section.
(b) Ash shall be
collected and stored in containers in a manner which:
(1) Avoids the dispersion of ash residue,
including particulates;
(2) Is fire safe;
(3) Prevents rain water infiltration; and
(4) Collects and controls the free liquid that
drains from the ash, if the ash is quenched or treated with applied liquids.
(c) Prior to
transfer, ash generators shall comply with the hazardous waste determination
requirements in Env-Hw 502 and thereby assure proper management of the ash as
follows:
(1) If the ash is determined to be a hazardous waste,
it shall be managed as a hazardous waste in accordance with all applicable
state rules and federal hazardous waste regulations; and
(2) If the ash is determined to be non-hazardous,
it shall be managed as a solid waste in accordance with this part.
(d) Ash shall not be
transferred from the generator’s collection area until cooled sufficiently as
to eliminate the potential to cause fire and burn injury.
(e) The transfer of
ash from one location to another shall comply with Env-Sw 902.06.
(f) Prior to
unloading, ash shipments received by a collection, storage and transfer
facility shall be inspected by the receiving facility to determine whether the
load is hot.
(g) Hot ash shall
not be deposited at a receiving facility where it might start a fire or cause
burn injury.
(h) Hot ash shall be
segregated from combustible materials, contained and extinguished.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.02); ss by #10598, eff 7-1-14
Env-Sw 902.03 Processing
and Treatment Requirements.
(a) Processing and treatment
of ash shall comply with Env-Sw 500 and this section.
(b) Processing and
treatment of ash shall be carried out in a manner which:
(1) Avoids the dispersion of ash residue,
including particulates;
(2) Is fire safe;
(3) Prevents rainwater infiltration; and
(4) Collects and controls the free liquid that
drains from the ash, if quenched or treated with applied liquids.
(c) Prior to
unloading, ash shipments received by a processing or treatment facility shall
be inspected by the receiving facility to determine whether the load is hot.
(d) Hot ash shall
not be deposited at a receiving facility where it might start a fire or cause
burn injury.
(e) Hot ash shall be
segregated from combustible materials, contained and extinguished.
Source. (See Revision Note at PART Heading for Env-Wm
101) #5172, eff 7-1-91; ss by #6535,
INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by
#8459, eff 10-28-05 (formerly Env-Wm 2602.03); ss by #10598, eff 7-1-14
Env-Sw 902.04 Disposal
Requirements.
(a) Ash shall be
disposed only at authorized facilities.
(b) If disposed in a
(1) Ash from the combustion of municipal solid
waste shall be disposed in double lined facilities only;
(2) Ash from the combustion of coal may be
disposed in either a double lined facility or single lined facility as provided
by (3) below; and
(3) Coal ash shall be disposed in a single lined
facility only if:
a. The facility shall be a monofill; and
b. The required groundwater monitoring system
shall be designed to serve as a leak detection system.
(c) Prior to unloading,
ash shipments received by a
(d) Hot ash shall
not be deposited where it might start a fire or cause burn injury.
(e) Hot ash shall be
segregated from combustible materials, contained and extinguished.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.04); ss by #10598, eff 7-1-14
Env-Sw 902.05 Reuse
Requirements and Limitations. Ash
and ash-derived products shall be certified in accordance with Env-Sw 1500
prior to distribution and use in
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.05); ss by #10598, eff 7-1-14
Env-Sw 902.06 Transportation,
Packaging and Labeling Requirements.
(a) Ash shall be
transported in a manner which shall prevent dispersion of ash residue,
including particulates.
(b) Ash shall not be
transported in or through
(c) Ash shall not be
transported unless cooled sufficiently to eliminate the potential for fire or
burn injury while in-transit and following delivery.
(d) Ash that is
quenched or contains free liquid shall be transported in leak tight containers
or shall be sufficiently dry prior to transport as to preclude the discharge of
liquids from the transportation vehicle while in-transit.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.06); ss by #10598, eff 7-1-14
Env-Sw 902.07 Testing
and Reporting Requirements.
(a) The ash
generator shall comply with the hazardous waste determination requirements in
Env-Hw 502 by developing and implementing a quality assurance/quality control
(QA/QC) plan for ash sampling and analysis.
(b) The QA/QC plan
for ash sampling and analysis shall specify:
(1) The procedures by which representative samples
of ash will be obtained;
(2) The contaminants and parameters for which
testing will be conducted;
(3) The data analysis necessary to demonstrate
the level of precision and accuracy are acceptable; and
(4) The testing methods.
(c) Ash testing
results and QA/QC plan information shall be maintained by the ash generator and
made available to department for inspection pursuant to Env-Sw 2000 and the
hazardous waste rules.
Source. #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2602.07); ss by #10598, eff 7-1-14
Env-Sw 902.08 Other
Requirements.
(a) A
(b) Information
pursuant to (a) above shall be maintained by the permittee as part of the
facility operating records pursuant to Env-Sw 1105.06.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2602.08); ss by #10598, eff 7-1-14
PART Env-Sw 903 CONTAMINATED SOILS
Env-Sw 903.01
Applicability.
(a) Except as
provided by (b), below, the rules in this part shall apply to the management of soils
with contamination, as defined in Env-Or 602.07, that are not regulated as
hazardous waste.
(b) The rules in
this part shall not apply to contaminated soils managed on-site pursuant to Env-Or 600.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.01);
ss by #10598, eff 7-1-14
Env-Sw 903.02 Collection,
Storage and Transfer Requirements.
(a) Collection,
storage and transfer of contaminated soils shall comply with Env-Sw 400 and
this section.
(b) Contaminated
soils shall be collected and stored in leak tight containers or be underlain by
impermeable surfaces or by other means to prevent the discharge of contaminants
to groundwater and surrounding soils.
(c) Contaminated
soils shall be stored under cover in a manner that protects the waste from
exposure to precipitation or by a method that collects and manages all leachate
generated.
(d) Contaminated
soils shall be stored in accordance with applicable air and water quality rules
and regulations.
(e) Prior to
transfer, the generator shall comply with the testing requirements in Env-Sw
903.07 to assure proper management of the contaminated soils as follows:
(1) If the contaminated soil is determined to be
a hazardous waste, it shall be managed as a hazardous waste in accordance with
all state rules and federal regulations for managing hazardous waste; and
(2) If the contaminated soil is determined to be non-hazardous,
it shall be managed in accordance with the solid waste rules.
(f) Prior to
receiving contaminated soils from off-site locations, a facility shall obtain
documentation from the generator demonstrating compliance with (e) above.
(g) A facility that
collects contaminated soils from off-site locations shall inspect the waste
upon receipt and verify that the waste is the same waste as characterized by
the generator in conformance with Env-Sw 903.07.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2603.02); ss by #10598, eff 7-1-14
Env-Sw 903.03 Processing
and Treatment Requirements.
(a) Processing and
treatment of contaminated soils shall comply with Env-Sw 500 and this section.
(b) A facility that
processes or treats contaminated soils shall employ technologies demonstrated to
successfully manage the specific contaminants present in the soil.
(c) A facility that
processes or treats contaminated soils shall comply with the waste collection,
storage and transfer requirements in Env-Sw 903.02.
(d) Contaminated soils
shall be processed or treated in compliance with applicable air and water
quality rules and regulations.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2603.03); ss by #10598, eff 7-1-14
Env-Sw 903.04
Disposal Requirements.
(a) The disposal of
contaminated soils shall occur only at authorized facilities.
(b) Prior to disposal,
contaminated soils shall be tested in accordance with Env-Sw 903.07 and the
receiving facility’s permit.
(c) Contaminated
soil from out-of-state shall not be disposed in a NH landfill if it fails the
disposal criteria of its state of origin.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.04);
ss by #10598, eff 7-1-14
Env-Sw 903.05 Reuse
Requirements and Limitations.
(a) Contaminated
soils, if reused for purposes other than those provided in (b) below, shall not
be distributed and used except in accordance with certification pursuant to
Env-Sw 1500,
subject to the following limitations:
(1) The
concentration of contaminants in the soil shall not exceed the soil remediation
standards specified in Env-Or 606.19;
(2) Notwithstanding Env-Or 606.19,
the concentration of total petroleum hydrocarbons in the soil shall be less
than 100 parts per million;
(3) The
soil shall not be
distributed or used in any:
a. Residential applications;
b. Playground applications;
c. Application within a 100-year
floodplain or wetland;
d. Application to land used for
the production of crops for direct human consumption;
e. Application within a recharge
area of any sole source drinking water supply; or
f. Application within 100 feet
from any surface water; and
(4) A
person who distributes contaminated soil shall:
a. Comply with the testing
and reporting requirements of Env-Sw 903.07; and
b.
Maintain a record of all locations to which contaminated soil has been
distributed and produce such records for
inspection by the department upon request.
(b) Contaminated
soil may be used as daily landfill cover at facilities permitted to dispose of
the contaminated soil, provided that:
(1)
The material shall meet the requirements for alternative daily cover
specified in Env-Sw 806.03; and
(2)
The
material shall not be stored or otherwise placed outside the active footprint
of the facility.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.05);
ss by #10598, eff 7-1-14
Env-Sw 903.06 Transportation Requirements.
(a)
Contaminated soil shall be transported using a standard bill of lading.
(b)
Contaminated soil shall be transported in a manner which shall prevent
dispersion of the waste to the air, ground or waterways.
(c)
Contaminated soil shall not be transported from the site of generation
prior to completing a hazardous waste determination pursuant to Env-Hw 502.
Source.
#6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900);
ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.06); ss by #10598, eff 7-1-14
Env-Sw 903.07 Testing and Reporting Requirements.
(a)
The generator of contaminated soil shall comply with the hazardous waste
determination requirements in Env-Hw 502 and the other testing requirements in
Env-Or
600, as applicable, prior to transferring the waste off-site if generated in
New Hampshire or prior to transporting into New Hampshire if generated
out-of-state.
(b)
The generator shall produce records of testing pursuant to (a) above for
inspection by the department.
Source.
#6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900);
ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.07); ss by #10598, eff 7-1-14
PART Env-Sw 904 INFECTIOUS WASTE
Env-Sw 904.01 Applicability.
(a) The rules in
this part shall apply to management of infectious waste and treated infectious
waste which is not ash residue, from the point of origin to the point of final
disposal, including the following:
(1) Cultures and stocks of infectious agents and
associated biologicals, including:
a. Cultures and stocks of infectious agents from
research and industrial laboratories;
b. Wastes from the production of biologicals,
discarded live and attenuated vaccines; and
c. Culture dishes and devices used to transfer,
inoculate and mix cultures;
(2) Pathological wastes, including tissues,
organs, and body parts that were removed during surgery or autopsy;
(3) Waste human blood and products of blood,
including:
a. Serum, plasma and other blood components;
b. Containers contaminated with a. above which
were used or intended for use in either patient care, testing and laboratory
analysis or the development of pharmaceuticals; and
c. Items saturated or dripping with human blood
or items that were saturated or dripping with human blood that are now caked
with dried human blood or blood components;
(4) Sharps that have been used in human or
animal patient care or in medical, research, or industrial laboratories,
including hypodermic needles, syringes, pasteur pipettes, broken glass and
scalpel blades;
(5) Contaminated animal carcasses, body parts,
and bedding of animals that were exposed to infectious agents during research,
production of biologicals, or testing of pharmaceuticals;
(6) Wastes from human or animal patient care,
surgery or autopsy that were in contact with infectious agents, including
soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and
surgical gloves;
(7) Laboratory wastes from medical,
pathological, pharmaceutical, or other research, commercial or industrial
laboratories that were in contact with infectious agents, including slides and
cover slips, disposable gloves, laboratory coats, and aprons;
(8) Dialysis wastes that were in contact with
the blood of patients undergoing hemodialysis, including contaminated
disposable equipment and supplies such as tubing, filters, disposable sheets,
towels, gloves, aprons, and laboratory coats;
(9) Discarded medical equipment and parts that
were in contact with infectious agents;
(10) Biological waste and discarded materials
contaminated with blood, excretion, exudates or secretion from humans or
animals who are isolated to protect others from communicable diseases;
(11) Any discarded preparations made from
genetically altered living organisms and their products; and
(12) Such other waste material that results from
the administration of medical care to a patient whether human or animal by a health care provider
and is found by the director in consultation with the division of public health
services or state veterinarian to pose a threat to human health or the
environment due to its infectious nature.
(b) The rules in
this part shall not apply to the following types of waste:
(1) Gloves, gowns, underpads or any other
materials that come in contact with patients, but not saturated with blood,
body fluids or secretions, through routine examination or patient care;
(2) Animal carcasses not included in (a)(5)
above; and
(3) Household infectious waste, provided that:
a. Sharps shall be enclosed inside rigid,
puncture-resistant containers;
b. Containers encasing sharps shall be sealed
and labeled “not for recycling”; and
c. The waste shall be disposed at an authorized
facility only.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.01); ss by #10598, eff 7-1-14
Env-Sw 904.02 Collection,
Storage and Transfer Requirements.
(a) Collection,
storage and transfer of infectious waste shall comply with Env-Sw 400 and this
section.
(b) The waste shall
be stored in a pre-designated location, protected from water, rain and wind.
(c) Storage
containers and packaging shall be labeled conspicuously in a legible manner
with the words “infectious waste,” or “biohazard waste,” or with the universal
biohazard symbol.
(d) Waste stored at
generator facilities shall be maintained in a nonputrescent state, using
refrigeration when necessary.
(e) Waste shall not
be stored at room temperatures in excess of 72 hours.
(f) Outdoor storage
areas containing the waste, such as dumpsters, sheds, tractor trailers, or
other storage areas, shall be locked to prevent unauthorized access.
(g) Access to
on-site storage areas shall be limited to authorized persons.
(h) The waste shall
be stored in a manner that shall provide protection from animals and shall not
provide a breeding place or a food source for insects or rodents.
(i) Storage
containers and packaging shall be of sufficient structural integrity to ensure that
the waste shall not be released to the environment during storage.
(j) The contents of
damaged or ruptured containers shall be re-packaged.
(k) Infectious waste
shall be transferred by the generator to authorized facilities only.
(l) Facilities which
receive infectious waste from off-site generators shall not store the waste in
excess of 7 days from date of receipt.
Source. #5172, eff 7-1-91; amd by #5297, eff 12-24-91;
ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by
#6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900);
ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.02); ss by #10598, eff 7-1-14
Env-Sw 904.03
Processing and Treatment Requirements.
(a) Except as noted
in Env-Sw 904.08, the generator of infectious waste shall assure that the waste
is treated at an authorized facility to achieve high-level disinfection plus a
4 log 10 reduction of Bacillus subtilis or Bacillus stearothermophilus.
(b) Facilities that
process or treat infectious waste in
(1) All infectious waste managed by the facility shall
be collected and stored as specified in Env-Sw 904.02, pending treatment in
accordance with (a) above;
(2) If the facility processes or treats
infectious waste by methods other than incineration, the efficacy of the processing
or treatment method shall be demonstrated by testing as specified in Env-Sw
904.07; and
(3) If the facility is an incinerator that treats
the infectious waste by combustion, the facility shall meet Env-Sw 700.
(c) Infectious waste
treated under (a) above shall not be combined or mixed with other waste prior
to disposal, unless authorized by the receiving disposal facility.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading
for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.03); ss by
#10598, eff 7-1-14
Env-Sw 904.04 Disposal
Requirements.
(a) Infectious waste
shall not be landfilled in
(b) Treated
infectious waste shall be disposed at authorized facilities only.
(c) Notification
shall be given by the transporter to the receiving facility prior to the
disposal of treated infectious waste.
(d) Liquid
infectious waste may be disposed via a sanitary sewer, subject to the
provisions of local sewer ordinances and regulations, only if the receiving
wastewater treatment facility includes secondary treatment.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.04); ss by #10598, eff 7-1-14
Env-Sw 904.05 Reuse
Requirements and Limitations.
(a) Infectious waste
shall not be reused or certified for distribution and use pursuant to Env-Sw
1500, except as provided in (b) below.
(b) Materials or
equipment contaminated with infectious waste, for example surgical equipment,
maintenance carts, bedding, waste containers and the like, may be salvaged and
reused in-kind pursuant to Env-Sw 1503.04, subject to the following
requirements:
(1) If reused within the generating facility, the
materials and equipment shall be cleaned and disinfected prior to reuse to achieve
the standards for disinfection prescribed by the facility’s internal management
protocol; and
(2) If sent off-site for reuse, the materials and
equipment shall be cleaned and disinfected prior to leaving the generating
facility to achieve at least the level of treatment specified in Env-Sw
904.03(a).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.05); ss by #10598, eff 7-1-14
Env-Sw 904.06 Transportation, Packaging and Labeling
Requirements.
(a) Infectious waste
transported off-site for treatment prior to disposal shall be transported in
conformance with the United States Department of Transportation hazardous materials
regulations as provided in 49 CFR 171-180 or as specified in (b) below.
(b) The
transportation of infectious waste not subject to 49 CFR 171-180 shall be
subject to the following:
(1) Sharps as described in Env-Sw 904.01(a)(4)
shall be segregated and encased inside rigid, puncture-resistant containers;
(2) Infectious waste and sharps containers shall
be placed in a sealed nonpermeable 3 mil polyethylene bag or equivalent, which
is itself placed in a second bag of
similar construction and sealed; and
(3) The outermost container or package shall be
labeled with the following:
a. Clear markings indicating the contents which
shall include the words “Infectious waste,” or “Biohazard waste” or the
universal biohazard symbol; and
b. The name, address and telephone number of the
generator and transporter.
(c) Transporters
shall notify the receiving facility prior to delivering infectious waste to a
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.06); ss by #10598, eff 7-1-14
Env-Sw 904.07 Testing
and Reporting Requirements.
Facilities, including generator facilities, which treat infectious waste
by methods other than incineration shall be subject to the following:
(a) QA/QC efficacy
testing shall be performed during initial facility operations to verify
facility operating procedures meet Env-Sw 904.03(a);
(b) Following
verification as specified in (a) above, the facility shall perform QA/QC
efficacy testing no less than 4 times yearly, to demonstrate compliance with
Env-Sw 904.03(a); and
(c) The facility
shall maintain the records of QA/QC efficacy testing for a minimum of 3 years.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.07); ss by #10598, eff 7-1-14
Env-Sw 904.08 Other
Requirements. Limbs and recognizable
organs, excluding teeth and contiguous gum tissue, shall be disposed by
incineration or interment.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2604.08); ss by #10598, eff 7-1-14
PART Env-Sw 905
TIRES
Env-Sw 905.01 Applicability. The rules in this part shall apply to the
management of waste or scrap tires, from the point of waste origination to the
point of waste disposal.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.01); ss by #10598, eff 7-1-14
Env-Sw 905.02 Collection,
Storage and Transfer Requirements.
(a) Tires shall be
collected, stored and transferred in accordance with Env-Sw 400 and this
section.
(b) Outdoor storage
of tires shall be in:
(1) Covered trailers;
(2) Transfer containers; or
(3) In stockpiles as follows:
a. The diameter of the piles shall not exceed 25
feet;
b. The height of the piles shall not exceed 15
feet;
c. Fire lanes no less than 25 feet in width
shall be maintained around each pile;
d. Each pile shall have a berm with a minimum
height of 12 inches constructed around its perimeter capable of containing any
pyrolitic oils or other liquids generated by fire; and
e. The stockpiling
facility shall have equipment, cover material and other supplies, including
water, sufficient to control a fire until the nearest fire company capable of
extinguishing the fire arrives.
(c) Indoor storage
shall conform to the applicable requirements of Saf-C 6000.
Source. #5172, eff 7-1-91, EXPIRED: 7-1-97
New. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.02);
ss by #10598, eff 7-1-14
Env-Sw 905.03
Processing and Treatment Requirements.
(a) Chipping,
shredding and other physical processing of tires shall comply with the requirements
in Env-Sw 500 and this section.
(b) Collection and
storage of tires by facilities that process or treat tires shall conform to
Env-Sw 905.02.
(c) Processing of
tires shall be done in a manner to limit noise, odor and fugitive dust emissions
to the greatest extent possible.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.03); ss by #10598, eff 7-1-14
Env-Sw
905.04 Disposal Requirements.
(a) Waste tires
shall be disposed at authorized facilities only.
(b) Tires shall be
landfilled only in a manner that shall preclude movement of the tires after burial,
such as by shredding, splitting or quartering the tires prior to landfilling or
by filling the tires during landfilling.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.04); ); ss by #10598, eff 7-1-14
Env-Sw 905.05 Reuse
Requirements and Limitations.
(a) Waste tires, if
reused, shall be certified for distribution and use in accordance with Env-Sw
1500.
(b) Tires shall not
be certified for distribution and use if distribution and use:
(1) Constitutes a fire hazard;
(2) Provides a habitat for breeding mosquito
populations;
(3) Constitutes a safety hazard;
(4) Constitutes a nuisance; or
(5) Violates any federal regulation or state
rule.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.05); ss by #10598, eff 7-1-14
Env-Sw 905.06 Transportation
Requirements. Tires, either whole or
processed, shall be transported in a manner to prevent blowing or falling
debris.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.06); ss by #10598, eff 7-1-14
Env-Sw 905.07 Testing
and Reporting Requirements.
Facilities managing tires shall comply with the reporting requirements
specified in Env-Sw 400 through Env-Sw 1200, as applicable.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.07);
ss by #10598, eff 7-1-14
Env-Sw 905.08 Other Requirements.
(a) The open burning
of tires or processed tires shall be prohibited.
(b) Tires shall be
managed in a manner as to avoid establishing habitat for breeding mosquito
populations.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm
2605.08); ss by #10598, eff 7-1-14
Appendix
Rule Sections |
State Statute(s) Implemented |
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Env-Sw
900 |
RSA
149-M:7;II and VIII; RSA 149-M:9,X; |
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