CHAPTER Env-Wq 300  SURFACE WATER PROTECTION

 

PART Env-Wq 301  STATE SURFACE WATER DISCHARGE PERMITS

 

                  Statutory Authority:  RSA 485-A:6, VII; RSA 485-A:13, I(a)

 

Revision Note:

 

          Document #10348, effective 5-22-13, renumbered the former Chapter Env-Ws 400 titled “Protection of State Surface Waters” under a new subtitle as Chapter Env-Wq 300 titled “State Surface Water Protection.”  Document #10348 also readopted with amendments and renumbered the former Part Env-Ws 401 titled “Protection of State Surface Waters” under a new subtitle as Part Env-Wq 301 titled “State Surface Water Discharge Permits.”  The redesignation from subtitle Env-Ws to subtitle Env-Wq 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 #10348 replaces all prior filings for rules formerly in Env-Ws 401.  The prior filings for rules in former Env-Ws 401 include the following documents:

 

          #589, eff 11-12-74

          #2239, eff 12-31-82

          #2670, eff 4-12-84, EXPIRED 4-12-90

          #5063, eff 2-4-91; EXPIRED 2-4-97

          #6460, INTERIM, eff 2-21-97; EXPIRED 6-21-97

          #6533, eff 6-28-97

          #8361, eff 5-28-05

 

          Env-Wq 301.01  Purpose.  The purpose of these rules is to establish the standards and procedures by which a facility can obtain a state discharge permit under RSA 485-A:13, I(a).

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.02  Applicability.

 

          (a)  These rules shall apply to all discharges of pollutants from a point source to surface waters that require a state discharge permit only.

 

          (b)  These rules shall not apply to:

 

(1)  Facilities that require both a state discharge permit and a federal National Pollutant Discharge Elimination System (NPDES) permit under section 402 of the Clean Water Act, which are subject to regulations adopted by EPA under 40 CFR, including but not limited to 40 CFR Parts 122 and 125;

 

(2)  Any activity for which a water quality certification is required pursuant to RSA 485-A:12, III and §401 of the Clean Water Act, which are subject to Env-Wq 302; or

 

(3)  Discharges to a POTW that are subject to Env-Ws 904 or successor rules in Env-Wq 305.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.03  Definitions.

 

          (a)  “7Q10” means the lowest average flow which occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.

 

          (b)  “Biochemical oxygen demand (BOD)” means a measurement of the amount of oxygen used by the decomposition of organic material in a wastewater sample over a 5-day period.

 

          (c)  “Bypass” means bypass as defined in RSA 485-A:2, XVII, as reprinted in appendix B.

 

          (d)  “Carbonaceous biochemical oxygen demand (CBOD)” means a measurement of the amount of oxygen used by carbon-containing substances in a wastewater sample over a 5-day period.

 

          (e)  “Clean water act (CWA)” means the Federal Clean Water Act, pub. L. 92-500 as amended by pub. L. 95-217, pub. L. 95-576, pub. L. 96-483, pub. L. 97-117, pub. L. 100-4, 33 USC 1251 et seq..

 

          (f)  “Department” means the department of environmental services.

 

          (g)  Discharge” means the addition, introduction, leaking, spilling, or emitting of a pollutant to surface waters of the state, whether done intentionally, unintentionally, negligently, or otherwise.

 

          (h)  “Effluent limitations” means any restriction(s) imposed by the department, pursuant to RSA 485-A, or by the United States Environmental Protection Agency (EPA), pursuant to 40 CFR Parts 122 or 125, on quantities, discharge rates, characteristics, or concentrations of pollutants that are discharged to surface waters of the state.

 

          (i)  “Existing uses” means those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in Env-Wq 1700.  The term does not include assimilation or transport of pollutants.

 

          (j)  “Harmonic mean flow” means the number of daily stream flow measurements divided by the sum of the reciprocals of the daily stream flows.

 

          (k)  “Industrial waste” means “industrial waste” as defined in RSA 485-A: 2, VI, as reprinted in appendix B.

 

          (l)  “Municipality” means a city or town.

 

          (m)  “Other waste” means “other waste” as defined in RSA 485-A:2, VIII, as reprinted in appendix B.

 

          (n)  “Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in appendix B.

 

          (o)  “Point source” means a discernible, confined, and discrete conveyance from which pollutants are or might be discharged.  The term includes but is not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft.  The term does not include return flows from irrigated agriculture.

 

          (p)  “Pollutant” means any dredged material, solid waste, incinerator residue, sewage, filter backwash, garbage, sewage sludge, septage, munitions, chemical wastes, biological materials, genetically engineered or altered materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, or any other industrial, commercial, municipal, or agricultural waste or any other substance in concentrations or amounts that, when in contact with surface waters, could create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare; to plant, animal or aquatic life; or to other designated or existing uses.

 

          (q)  “Public entity” means a city, town, borough, county, parish, district, association, state agency, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, and any designated and approved management agency under §208 of the CWA.

 

          (r)  “Publicly owned treatment works (POTW)” means a wastewater treatment plant and associated wastewater facilities that are owned by a public entity. 

 

          (s)  “Receiving water” means the surface waters into which pollutants are or may be discharged.

 

          (t)  “Sewage” means sewage as defined in RSA 485-A:2, X, as reprinted in appendix B.

 

          (u)  “Surface waters” means “surface waters of the state as defined in RSA 485-A:2, XIV as reprinted in appendix B, wetlands that are subject to regulation under RSA 482-A, and “waters of the United States” as defined in 40 CFR §122.2 that are within the jurisdiction of the state.  The term does not include non-tidal drainage ditches that were designed, built and used to convey wastewater or stormwater.  The term also does not include constructed wetlands, cooling ponds, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems, provided such facilities were not initially constructed in surface waters of the state or were not constructed to serve other mitigation purposes.

 

          (v)  “Tidal waters” means those portions of the Atlantic Ocean within the jurisdiction of the state, and other surface waters subject to the rise and fall of the tide.

 

          (w)  “Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in appendix B.

 

          (x)  “Wastewater treatment plant ” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in appendix B.

 

          (y)  “Wetland” means “wetlands” as defined by RSA 482-A:2, X, as reprinted in appendix B.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.04  Permit Application Required; Application Content.

 

          (a)  Pursuant to RSA 485-A:13, I(a), no person shall discharge any sewage or waste to surface water without first obtaining a written permit from the department.

 

          (b)  Any person wishing to obtain a new or modified state surface water discharge permit shall apply for a permit or permit modification, as applicable, by submitting the following information in writing to the department:

 

(1)  The name and location of the facility;

 

(2)  The name, title, and daytime telephone number of the individual in responsible charge of the facility;

 

(3)  The name, mailing address, daytime telephone number and, if available, an email address of the owner of the facility and, if the owner is other than an individual, the name, title, daytime telephone number and, if available, an email address of an individual who can be contacted regarding the application;

 

(4)  The mailing address of the facility;

 

(5)  The applicable North American Industry Classification System (NAICS) code(s);

 

(6)  A list of any other environmental permits that the facility has obtained or has applied for;

 

(7)  A description of the business conducted at the facility;

 

(8)  A unit process flow diagram and design data for existing and proposed wastewater treatment facilities;

 

(9)  A list of the water supply source(s) for the facility and, if water from more than one source is discharged, the percent of the total that each source represents;

 

(10)  An original or a color copy of a 7½ minute series USGS Quadrangle map showing the location of the facility and all discharge pipes to the receiving water body, provided, however that if a 7½ minute map is unavailable, a l5 minute series shall be acceptable;

 

(11)  A facility site plan showing buildings, outfall locations, surface waters, and drainage in sufficient detail so that they can be located on site;

 

(12)  The name of the receiving water;

 

(13)  If applicable, facility plans and specifications for design and construction stamped by a New Hampshire professional engineer as required by RSA 310-A:18;

 

(14)  A description and location of the uses of the receiving water located within 5 miles of the discharge(s);

 

(15)  Any available water quality data of the receiving water or, if applicable, effluent data not previously submitted to the department;

 

(16)  If the owner of the facility is not the owner of the land on which the facility is or will be located, a notarized affidavit signed by the land owner that the applicant, or the facility owner the applicant represents, has right, title, or interest in the property on which the facility is or will be located, because the facility owner leases or has a binding option to purchase the property on which the facility is or will be located;

 

(17)  If the owner of the facility is an entity that is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state, proof that the entity is registered and in good standing to do business in New Hampshire; and

 

(18)   Where the applicant is not the legal owner of the facility, a copy of the agreement authorizing the applicant to act on behalf of the owner for purposes of the application.

 

          (c)  Any applicant requesting authorization for a new discharge or an increased discharge of pollutants at an existing facility shall contact the department prior to submitting the application to determine whether the department will need any instream water quality information in order to assess the impact of the discharge on the receiving water.  If the department does not already have the instream water quality data necessary to assess the impact of the discharge on the receiving water, the applicant shall submit the necessary data.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.05  Signature Required.

 

          (a)  The applicant and, if the applicant is other than the owner of the facility, the owner shall sign the application submitted pursuant to Env-Wq 301.04.

 

          (b)  The signature(s) shall constitute certification that:

 

(1)  The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

 

(2)  The signer understands that any permit granted based on false, incomplete, or misleading information shall be subject to revocation.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.06  Completeness Review; Hearing Notice.

 

          (a)  Within 60 days of receipt of an application, the department shall determine whether the application contains all of the information required by Env-Wq 301.04.

 

          (b)  If the department determines that the application does not contain all required information, the department shall notify the applicant in writing of what information is needed to complete the application.

 

          (c)  The notice sent pursuant to (b), above, also shall inform the applicant that:

 

(1)  If the information is not provided within 60 days of the department’s request, the application will be denied; and

 

(2)  The time that elapses between the date of the notice and the receipt by the department of all information required to complete the application shall not be included in the 120-day period referenced in Env-Wq 301.08(c).

 

          (d)  If the department does not receive the information needed to complete the application, the department shall inform the applicant in writing that the application is denied due to the incompleteness.

 

          (e)  When the department determines that the application is complete, the department shall:

 

(1)  Give notice of the application as required by RSA 485-A:4, XVII, by first-class mail to the clerk of the municipality in which the point of discharge is located and each adjacent municipality that is located on the same receiving water as the point of discharge;

 

(2)  Schedule a public hearing on the application in the municipality in which the activity is proposed to occur and determine the date by which written public comments must be submitted, which shall be 15 days after the date of the hearing;

 

(3)  Publish notice of the public hearing and public comment period no less than 30 days prior to the hearing in a newspaper of local circulation; and

 

(4)  Conduct the hearing in accordance with Env-Wq 301.07 and the provisions of Env-C 200 that apply to non-adjudicative proceedings.

 

          (f)  The notice published pursuant to (e)(3), above, shall contain the following information:

 

(1)  The name and mailing address of the applicant;

 

(2)  The location, date, and time of the public hearing;

 

(3)  The locally-accessible place where the application can be reviewed;

 

(4)  The name, address, and telephone number of the individual in the department to whom comments can be sent;

 

(5)  The type of activity proposed to be conducted;

 

(6)  The proposed location of the facility;

 

(7)  The name of the owner; and

 

(8)  The deadline for submission of written comments.

 

          (g)  A determination that the application is complete shall not be construed as a decision on the merits of the application.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.07  Public Hearing.

 

          (a)  At the hearing, the applicant shall:

 

(1)  Make at least 2 copies of the application available for people to review at the hearing, with additional copies being provided at the applicant’s discretion;

 

(2)  Make a presentation to the public, summarizing all of the information contained in the application; and

 

(3)  Respond to questions concerning the proposed activity.

 

          (b)  After the applicant has responded to all questions concerning the proposed activity, the department shall receive public comment on the application, including any comment and supporting information as to its accuracy and completeness.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.08  Application Review; Decision.

 

          (a)  After the conclusion of the public comment period, the department shall complete a technical review of the application and consider all of the comments received at the hearing and in writing so as to determine whether the application meets the criteria specified in Env-Wq 301.09.

 

          (b)  If the information submitted with a compete application is insufficient for the department to determine that the application meets the criteria specified in Env-Wq 301.09, the department shall request such additional information from the applicant as the department deems necessary to make the determination.  Such request shall be in writing and shall include the information specified in Env-Wq 301.06(c).

 

          (c)  Within 120 days of receipt of a complete application and any information requested pursuant to (b), above, the department shall:

 

(1)  Approve the application and issue a permit if the application meets the criteria specified in Env-Wq 301.09; or

 

(2)  Deny the application if the application does not meet the criteria specified in Env-Wq 301.09.

 

          (d)  The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice specified in Env-Wq 301.06(e)(1) was sent.

 

          (e)  If the department denies the application, the notice sent pursuant to (d), above, shall:

 

(1)  Specify the reason(s) for the denial; and

 

(2)  Inform the applicant that the decision may be appealed to the water council in accordance with Env-WC 200.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.09  Criteria for Issuance of Permit.  The department shall issue a permit if it determines that the information provided by the applicant establishes that the proposed discharge:

 

          (a)  Will not violate any applicable provision of RSA 485-A; and

 

          (b)  Will not cause or contribute to a violation of Env-Wq 1700.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.10  Suspension, Revocation, or Refusal to Renew.

 

          (a)  If, after issuing a permit to a facility, the department receives information that indicates that good cause, as set forth in (f), below, exists to suspend or revoke the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

 

          (b)  After proceeding in accordance with (a), above, the department shall revoke the permit if the department determines that the reason for good cause cannot be corrected to conform to applicable requirements.

 

          (c)  After proceeding in accordance with (a), above, the department shall suspend the permit, subject to (d) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.

 

          (d)  If a permit is suspended pursuant to (c), above, the department shall not reinstate the permit until:

 

(1)  The reason for good cause has been corrected to conform with applicable requirements; and

 

(2)  The permit holder submits a written request to the department requesting that the permit be reinstated.

 

          (e)  If after receiving a request for renewal of a permit, the department receives information which indicates that good cause, as set forth in (f), below, exists to refuse to renew the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings and refuse to renew the permit, until the reason for good cause has been corrected to conform with applicable requirements.

 

          (f)  Good cause to suspend, revoke, or refuse to renew a permit shall include the following:

 

(1)  The permit holder has not complied with the conditions of the permit or these rules;

 

(2)  The plans submitted with the application do not accurately portray the actual site and facility;

 

(3)  Information submitted in support of the application is not true and complete or is misleading;

 

(4)  The permit holder has failed to comply with an order of the department relative to wastewater management, including an order to undertake corrective measures;

 

(5)  The permit holder has failed to comply with an order of the department relative to a violation of any other statute administered by the department; or

 

(6)  The permit holder has failed to pay any administrative, civil, or criminal penalties owed to the department.

 

          (g)  If the department determines, based on all available scientific and valid information, that the permitted activity is creating an immediate danger to human health or the environment, the department shall proceed in accordance with RSA 541-A:30, III.

 

          (h)  The department shall inform the applicant that the decision to suspend, revoke, or refuse to renew may be appealed to the water council in accordance with Env-WC 200.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.11  Permit Transfers.

 

          (a)  In order to transfer a permit, the permit holder shall submit to the department:

 

(1)  A copy of the permit;

 

(2)  The name, mailing address, and daytime telephone number of the person(s) to whom the permit will be transferred;

 

(3)  An application for a permit modification as specified in Env-Wq 301.13(b); and

 

(4)  A copy of a notarized notification signed by the new permittee stating the date that the new permittee will assume the responsibility of the requirements of the permit.

 

          (b)  The person to whom the permit is proposed to be transferred shall submit the documentation required pursuant to Env-Wq 301.04(b)(16) through (18), as applicable, and a statement declaring whether the person has been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application or of a felony in any state or federal court within the 10 years prior to the date of application.

 

          (c)  The department shall approve such transfer if:

 

(1)  The permit holder is in compliance with these rules and the permit;

 

(2)  Good cause as defined by Env-Wq 301.10(f) to suspend, revoke, or refuse to renew the permit does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the permit transfer; and

 

(3)  The person to whom the permit is proposed to be transferred meets the requirements set forth in Env-Wq 301.04(b)(16) through (18), as applicable, and has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court within the 10 years prior to the date of application.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.12  Transfer of Land Ownership.

 

          (a)  If a facility that has an existing state discharge permit is located on land that is transferred to a new owner, the permit holder shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit until the statement described in (c), below, is signed by the new property owner, notarized, and received by the department.

 

          (b)  If a signed statement as described in (c), below, does not accompany the notice of land transfer, then upon receipt of the notice the department shall commence a proceeding under the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings to revoke the permit.  If the permit holder obtains and submits the signed statement, the proceeding shall be terminated.

 

          (c)  The statement from the new owner shall state that the new owner:

 

(1)  Is aware that the facility exists on the land;

 

(2)  Agrees to the continued operation of the facility;

 

(3)  Has given permission to the permit holder to enter upon the land for purposes of operation, including the implementation of remedial measures if ordered by the department; and

 

(4)  Is aware that the department must be allowed access to the property to conduct inspections, review and copy records, and monitor and sample a facility’s wastewater and the surface water to which the facility discharges.

 

          (d)  If the new owner chooses to discontinue the activities covered by the state discharge permit, the permit holder shall:

 

(1)  Submit a written statement to the department indicating that the permit-related activities have been discontinued; and

 

(2)  Remove sufficient infrastructure specific to the activities that were subject to the permit so as to eliminate the discharge to the receiving water.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.13  Modification of a Permit.

 

          (a)  The permit holder shall apply to the department for approval to modify the permit prior to:

 

(1)  Transferring the permit to a new permittee; or

 

(2)  Modifying any processes or procedures that could result in a change to the volume or quality of the discharge from the facility.

 

          (b)  To apply for a permit modification, the permit holder shall provide the following information to the department:

 

(1)  The facility permit number;

 

(2)  The name, address, and daytime telephone number of the permit holder, owner, and operator and, if available, an email address for each;

 

(3)  A detailed description of all proposed modifications;

 

(4)  If applicable, revised plans and specifications for construction stamped by a New Hampshire professional engineer;

 

(5)  An explanation of the necessity of the proposed change(s);

 

(6)  The effect of the modification on the facility’s discharge;

 

(7)  The identification and status of all other federal or state permits or approvals needed to effect the necessary modification(s);

 

(8)  The permit holder’s proposed schedule for implementing such changes; and

 

(9)  A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the modification.

 

          (c)  The department shall approve the modification if it determines that:

 

(1)  All applicable requirements of these rules have been met;

 

(2)  If the applicant is other than the owner, the owner has given permission to the applicant for the modification;

 

(3)  All other state permits which are necessary for the proposed modification have been applied for; and

 

(4)  The permit holder has paid all fees and administrative, civil, or criminal penalties owed to the department.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.14  Duration and Renewal of State Surface Water Discharge Permits.

 

          (a)  A state surface water discharge permit issued pursuant to these rules shall be valid for 5 years from the date of issuance and may be renewed.

 

          (b)  A permit holder wishing to renew a state surface water discharge permit shall provide an application as specified in Env-Wq 301.04 to the department not more than 120 days prior to the date the permit will expire.

 

          (c)  Upon receipt of an application to renew, the department shall proceed in accordance with Env-Wq 301.06(a) - (d).

 

          (d)  If the application is complete and the department has no record that the facility has violated any provisions of the permit, RSA 485-A:8, or Env-Wq 1700, the department shall renew the permit for another 5 year term.

 

          (e)  If the application is complete but the facility has violated any provisions of the permit, RSA 485-A:8, or Env-Wq 1700, the department shall proceed in accordance with Env-Wq 301.06(e) - (g), Env-Wq 301.07, and Env-Wq 301.08.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.15  Permit Conditions Common to all Permits.  The following conditions shall apply to each state discharge permit:

 

          (a)  The permittee shall not at any time, either alone or in conjunction with any other person(s), cause directly or indirectly the discharge of any pollutant into receiving waters except pollutants that have been treated in such a manner as to not lower the applicable class water quality, interfere with the existing uses or designated uses assigned to waters by the legislature, exceed the effluent limitations, or violate any of the conditions listed in the permit;

 

          (b)   The permittee shall provide effective operation and maintenance of the pollution control facilities, which means that the facility shall be operated and maintained in accordance with the plant operation and maintenance manuals and manufacturer’s equipment manuals, so as to meet the permit’s effluent limitations;

 

          (c)  The permittee shall use only those laboratories that have been accredited pursuant to Env-C 300;

 

          (d)  The permittee shall monitor all discharges in accordance with the conditions specified in the permit, using analyses performed in accordance with 40 CFR 136 unless other test procedures have been specified in the permit;

 

          (e)  The permittee shall submit monitoring results on forms supplied by the department, postmarked no later than the 15th day of the month following the completed reporting period;

 

          (f)  The permittee shall retain records at the permitted facility of the following:

 

(1)  Monitoring data;

 

(2)  Monitoring equipment calibration records;

 

(3)  Monitoring equipment maintenance records;

 

(4)  Original strip chart recordings from continuous monitoring instrumentation;

 

(5)  Copies of all reports required by the permit; and

 

(6)  Records of all data used to complete the application for the permit;

 

          (g)  The records required by (f), above, shall be retained for not less than 3 years from the date of the sample, measurement, report or application, as applicable, provided that this period shall be extended through the duration of any enforcement action;

 

          (h)  The permittee shall allow any authorized employee or agent of the department to enter any land or establishment of the company during the normal business hours for the purpose of collecting samples, conducting dye tests, making video recordings, examining and copying any records, or taking photographs, necessary to the investigation and enforcement of the water pollution control laws of the State of New Hampshire;

 

          (i)  The effluent limitations contained in the permit and the stream classification requirements as provided by RSA 485-A:8 shall be met and maintained at all times.  Whenever it is demonstrated that the effluent limitations are not adequate to maintain said stream classification requirements, the permittee shall be required to conform to such effluent limitations as shall be necessary for the maintenance of such requirements;

 

          (j)  The department shall periodically review and revise, as necessary, the conditions of the permit so that water quality standards, existing uses and designated uses shall be maintained and protected at all times;

 

          (k)  The permit shall not be transferable except in accordance with Env-Wq 301.11;

 

          (l)  The permittee shall give notice in accordance with RSA 485-A:13, I(c), whenever a bypass or upset of a treatment facility occurs; and

 

          (m)  Permittees that discharge treated wastewater to tidal waters shall provide immediate notification to the department and the New Hampshire department of health and human services in the event of a discharge of untreated sewage or the bypass of a disinfection system.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.16  Additional Permit Conditions.  If additional conditions or effluent limitations are necessary to ensure that the discharge does not violate Env-Wq 1700, the department shall include such conditions or effluent limitations in the permit.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.17  Application of Criteria in Establishing Effluent Permit Limits.

 

          (a)  The effluent limits for bacteria and pH for all permits shall be applied at the end of the pipe with no allowance for dilution by the receiving water.

 

          (b)  Subject to Env-Wq 301.18, all other applicable effluent limits shall be developed as follows:

 

(1)  Where the receiving water is a river or stream, the harmonic mean flow shall be used to develop effluent limits for all human health criteria for carcinogens;

 

(2)  Where the receiving water is a river or stream, the 7Q10 flow shall be used to develop monthly average and maximum daily effluent limits for aquatic life criteria for toxics, human-health criteria for non-carcinogens and for non-toxic pollutants, such as BOD; and

 

(3)  Where the receiving water is a tidal water, the flow condition for computing effluent permit limits for toxic substances and for non-toxic pollutants such as BOD shall be equivalent to the conditions that result in a dilution that is exceeded 99% of the time.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

          Env-Wq 301.18  Use of Alternate Flow Conditions to Develop Effluent Limits.

 

          (a)  An applicant who wishes to develop effluent limits using a flow condition other than the applicable condition specified in Env-Wq 301.17 shall submit a written request to use an alternative flow condition to the department with the application submitted pursuant to Env-Wq 301.04.

 

          (b)  The request shall include:

 

(1)  Any additional information necessary to ensure that the discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8;

 

(2)  An explanation of why using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition; and

 

(3)  Whether additional sampling will be done in support of the request.

 

          (c)  If additional sampling will be done in support of the request, the applicant shall submit a scope of work and a quality assurance project plan (QAPP) in accordance with EPA Requirements for Quality Assurance Project Plans (QA/R-5), EPA/240/B-01/003, March 2001, prior to initiating the additional sampling.

 

          (d)  The department shall approve the scope of work if the scope of work and QAPP demonstrate that the data resulting from the sampling will be a reliable indicator that using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.

 

          (e)  The department shall approve the use of an alternative flow condition to develop one or more effluent limits if the applicant demonstrates that:

 

(1)  The discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8; and

 

(2)  Using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.

 

Source.  (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

 

PARTS Env-Wq 302 – Env-Wq 303 - RESERVED

 

PART Env-Wq 304  CERTIFICATION OF WASTEWATER TREATMENT PLANT OPERATORS

 

Statutory Authority:  RSA 485-A:5-a; RSA 485-A:6, XI and XI-b; RSA 485-A:7-a;

RSA 485-A:7-b; RSA 485-A:7-c; RSA 485-A:7-d; RSA 486:9;

RSA 486:10, III

 

Revision Note:

 

          Document #10392, effective 8-1-13, readopted with amendments and renumbered former Part Env-Ws 901 titled “Certification of Wastewater Treatment Plant Operators” under a new subtitle as Part Env-Wq 304.  The redesignation from subtitle Env-Ws to subtitle Env-Wq 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 #10392 replaces all prior filings for rules formerly in Env-Ws 901.  The prior filings for rules in former Env-Ws 901 include the following documents:

 

          #1774, eff 7-15-81

          #2352, eff 4-26-83

          #2851, eff 9-21-84, EXPIRED: 9-21-90

          #6326, INTERIM, eff 9-3-96, EXPIRED: 1-1-97

          #6502, eff 4-25-97

          #8327, eff 4-23-05

 

          Env-Wq 304.01  Purpose.  The purpose of these rules is to implement RSA 485-A:5-a, RSA 485-A:7-a, RSA 485-A:7-b, RSA 485-A:7-c, RSA 485-A:7-d, and RSA 486:9, all as reprinted in Appendix C, by requiring operators of wastewater treatment plants to be suitably qualified and have the knowledge and ability to properly operate and maintain such facilities, in order to help assure optimum treatment of all wastewaters prior to discharge to surface waters or groundwaters of the state.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.02  Applicability.  These rules shall apply to:

 

          (a)  Any individual who applies to be certified as a wastewater treatment plant operator;

 

          (b)  Any individual who is certified as a wastewater treatment plant operator; and

 

          (c)  Any owner of a wastewater treatment plant that requires a surface or groundwater discharge permit pursuant to RSA 485-A:13, I.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.03  Definitions.

 

          (a)  “Advanced treatment” means a process for treating wastewater after secondary treatment to achieve effluent standards that are more stringent than conventional secondary standards, such as by removal of nutrients or metals, or both.

 

          (b)  “Certificate” means “certificate” as defined in RSA 485-A:2, I-a, as reprinted in Appendix B.

 

          (c)  “Certification committee” means “certification committee” as defined in RSA 485-A:2, I-b, as reprinted in Appendix B.

 

          (d)  “Continuing education unit (CEU)” means 10 hours of participation in an organized continuing education experience that qualifies under Env-Wq 304.19.

 

          (e)  “Department” means the department of environmental services.

 

          (f)  “Operating experience” means satisfactory performance or supervision of operation duties at a wastewater treatment plant, or equivalent related qualifying experience as described in Env-Wq 304.08(a) - (c), as appropriate for the level of certification sought.

 

          (g)  “Operator” means “operator” as defined in RSA 485-A:2, VII-a, as reprinted in Appendix B.

 

          (h)  “Operator in responsible charge” means the operator who oversees the daily operation of the wastewater treatment facility and is ultimately accountable for decisions involving all plant operational duties, including maintenance of process equipment, laboratory work, equipment operation, administration, process control, record keeping, and reporting necessary for the wastewater treatment plant to comply with applicable federal and state requirements.

 

          (i)  “Operator-in-training (OIT)” means an applicant who has met the written examination and education requirements for a particular grade but who has not had sufficient operating experience to meet the full requirements for that grade.

 

          (j)  “Population equivalent” means the calculated number of people that would normally contribute an equal amount of 0.2 pound of 5 day, 20°C, biochemical oxygen demand per capita per day.

 

          (k)  “Primary treatment” means a process for treating wastewater that is intended to remove settleable and floatable materials.

 

          (l)  “Secondary treatment” means a process for treating wastewater that is intended to remove dissolved and suspended biodegradable matter to attain conventional secondary effluent discharge criteria.

 

          (m)  “Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in Appendix B.

 

          (n)  “Wastewater residuals” means “septage” as defined in RSA 485-A:2, IX-a and “sludge” as defined in RSA 485-A:2, XI-a, both as reprinted in Appendix B.

 

          (o)  “Wastewater treatment plant (plant)” means “wastewater treatment plant” as defined by RSA 485-A:2, XVI-a, as reprinted in Appendix B.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.04  Grades of Wastewater Operator Certification.  There shall be 4 grades of operators to parallel the classification of plants described in Env-Wq 304.24, as follows:

 

          (a)  Grade I certified operators shall be qualified to supervise operation of grade I plants;

 

          (b)  Grade II certified operators shall be qualified to supervise operation of grade II or lower plants;

 

          (c)  Grade III certified operators shall be qualified to supervise operation of grade III or lower plants; and

 

          (d)  Grade IV operators shall be qualified to supervise operation of grade IV or lower plants.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.05  Operator-in-Training Status.

 

          (a)  There shall be an operator-in-training (OIT) status for each grade of wastewater operator certification.

 

          (b)  Eligibility criteria for each OIT grade shall be identical to that for the full certification grade to which the OIT correlates, except that applicants may take the written exam for a particular grade with less operating experience than required for that full grade.

 

          (c)  Operators holding an OIT certificate shall be allowed to be in responsible charge of a plant that is one or more grade classification(s) below the OIT grade certificate held.

 

          (d)  Full certification status shall be granted to an OIT after the certification committee receives written verification from the OIT’s supervisor that the OIT has completed the operating experience requirement.

 

          (e)  An owner may request the certification committee to approve an OIT to be placed in responsible charge of a plant of the same grade, by submitting a written request that explains the reasons why the owner believes the individual is qualified to supervise the plant.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.06  Operator in Responsible Charge - Multiple Plants.

 

          (a)  Any operator seeking to be an operator in responsible charge of more than one plant shall request prior approval from the certification committee in accordance with this section.

 

          (b)  An operator seeking to be in responsible charge of more than one plant shall submit to the committee a written proposal that includes the following:

 

(1)  Time to be spent at each plant by the operator in responsible charge;

 

(2)  Proposed staffing levels and coverage at each plant, including the position title and time to be spent at the plant by each individual staff member;

 

(3)  A statement of appropriate action and remedial response to be taken during a crisis or emergency;

 

(4)  The proposed preventive maintenance schedules for the plants; and

 

(5)  The proposed process control techniques for the plants.

 

          (c)  The certification committee shall not approve the submitted proposal unless the committee determines that the proposal:

 

(1)  Will not jeopardize public health;

 

(2)  Will not compromise the proper operation and maintenance of the plants; and

 

(3)  Will not result in a violation of water quality standards or plant effluent criteria.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.07  Summary of Operator Certification Requirements.  To qualify for certification, an applicant shall:

 

          (a)  Pass the written examination as provided in Env-Wq 304.14 or be granted reciprocity as specified in Env-Wq 304.21; and

 

          (b)  Meet the minimum operating experience and education requirements specified in Table 304.1, below, as explained in Env-Wq 304.08 and Env-Wq 304.09, respectively:

 

Table 304.1  Operating Experience and Education Requirements

 

Grade

Operating Experience (years)

Education

I OIT

0

High School Graduate or HSE Certificate

I

1

High School Graduate or HSE Certificate

II OIT

1

High School Graduate or HSE Certificate

II

3

High School Graduate or HSE Certificate

III OIT

2

High School Graduate or HSE Certificate plus 2 years

III

4

High School Graduate or HSE Certificate plus 2 years

IV OIT

4

High School Graduate or HSE Certificate plus 2 years

IV

6

High School Graduate or HSE Certificate  plus 2 years

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.08  Operating Experience Requirements.

 

          (a)  Subject to (b) or (c), below, a minimum of 50% of the operating experience required by Table 304.01 shall be met by actual on-site operating experience at a wastewater treatment plant.

 

          (b)  For a Grade II OIT, the entire one-year operating experience requirement may be substituted with a minimum of a one-year certificate in wastewater or environmental technology or an Associate degree in a relevant field such as sanitary engineering, environmental technology or studies, water treatment, wastewater treatment, natural sciences, or non-sanitary engineering disciplines.

 

          (c)  Operating experience in either a water treatment plant or industrial wastewater or pretreatment plant of a grade equal to or greater than the wastewater treatment plant operator grade being applied for, shall be substituted for up to 75% of the on-site experience requirement specified in (a), above.

 

          (d)  An applicant may request one or more of the following substitutions for the remaining 50% of the operating experience required by Table 304.01:

 

(1)  Experience in a related utility division or trade, such as wastewater collections, water distribution, plumbing, electrical, pipe fitting, instrumentation, laboratory, utility construction, utility design, engineering, facilities maintenance and management, and public works;

 

(2)  Relevant post-high school education on a year-for-year basis;

 

(3)  Specialized operator training courses, seminars, workshops, and technical conferences which are relevant to the wastewater industry, provided the calculation shall be based on CEUs in accordance with Env-Wq 304.19.

 

          (e)  Education applied in substitution for any stated experience requirements shall not also be applied to the education requirement.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.09  Education Requirements.

 

          (a)  The education requirement for Grade I and Grade II shall be a high school diploma or high school equivalency certificate (HSE certificate).

 

          (b)  The education requirement for Grade III and Grade IV shall be a high school diploma or HSE certificate and 2 years of relevant post-high school education, as described in (c) through (e), below.

 

          (c)  Relevant post-high school education shall include the following:

 

(1)  For programs in sanitary engineering, environmental technology or science, water treatment, or wastewater treatment, a bachelor’s degree shall be counted as 4 years of relevant education and an associate’s degree shall be counted as 2 years of relevant education; and

 

(2)  For programs in other relevant technical and scientific disciplines, such as natural sciences and non-sanitary engineering, a bachelor’s degree shall be counted as 3 years of relevant education and an associate’s degree shall be counted as 1.5 years of relevant education.

 

          (d)  Partial credit toward relevant post-high school education requirements shall be allowed for academic work or vocational training, as follows:

 

(1)  Any bachelor’s degrees other than those listed in (c), above, shall be counted as 2 years of relevant education; and

 

(2)  Any associates degree of other than those listed in (c), above shall be counted as one year of relevant education.

 

          (e)  Incomplete degree programs shall be counted as described in (f), below.

 

          (f)  Each 30 semester hours or 45 quarter hours of credits earned in programs listed in (c), above, shall be considered the equivalent of one year of post-high school education.

 

          (g)  The applicant may request substitutions for required education based on the following criteria:

 

(1)  2 years of operating experience may be substituted for one year of the post-high school education requirement for Grades III and IV and III OIT and IV OIT;

 

(2)  Operating experience applied in substitution for any education requirement shall not also be applied to the experience requirement; and

 

(3) Specialized operator training courses, seminars, workshops, and approved technical conferences may be substituted for post-high school education without limitation, in accordance with (f), above.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.10  Application for Certificate.

 

          (a)  As required by RSA 485-A:7-a, I, any individual seeking certification as an operator shall file an application with the certification committee at least 6 weeks preceding the date of the examination on a form provided by the department.

 

          (b)  The application shall require the applicant to provide the following:

 

(1)  The information and documents required by Env-Wq 304.11; and

 

(2)  The application fee specified by RSA 485-A:7-a, II.

 

          (c)  The applicant shall sign the application as specified in Env-Wq 304.12.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.11  Information Required For Application.  The applicant shall provide the following on or with the application form:

 

          (a)  Applicant’s name, home mailing address, home and business telephone numbers, and, if available, an email address;

 

          (b)  Applicant’s date of birth;

 

          (c)  For each current wastewater operator certification held by the applicant, the following:

 

(1)  The state that issued the certification;

 

(2)  The grade of the certificate;

 

(3)  The number of the certificate;

 

(4)  The date the certificate was issued; and

 

(5)  Whether the certificate was achieved by examination;

 

          (d)  Whether the application is for reciprocity;

 

          (e)  The grade level applied for;

 

          (f)  Whether the applicant is requesting any education or experience substitutions;

 

          (g)  Applicant’s educational background, as follows:

 

(1)  The highest year of high school completed and the name and location, by town and state, of the high school;

 

(2)  The year of high school graduation or date of HSE certificate, as applicable;

 

(3)  The number of years of post-high school education completed, including whether an associate’s or bachelor’s degree was earned, major, minor if any, the name and location of the educational institution by town and state, and the year of graduation, if any;

 

(4)  If requesting additional education to be applied toward experience requirement, the title, name and location of educational institution, date completed, and number of credits awarded for each such course;

 

(5)  Proof of high school graduation or HSE certificate, if no post-high school education has been attained; and

 

(6)  Proof of post-high school education in the form of transcripts or certificates of course completion;

 

          (h)  Applicant’s experience history for wastewater-related employment with the most recent experience listed first, including for each position held the name and address of the employer, the type of facility including treatment and solids handling units, the position title, the name and title of the supervisor for that position, a complete description of duties, whether the employment was full or part time, and, if part time, the average number of hours worked per week;

 

          (i)  Verification of experience by signature of either the operator in responsible charge or permittee; and

 

          (j)  The names, addresses and daytime telephone numbers of 2 references who are not related to the applicant and who have knowledge of the applicant’s character, experience, and abilities.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.12  Signature Required.

 

          (a)  An applicant for certification, certification renewal, reciprocal certification, or retesting shall sign and date the application form.

 

          (b)  The applicant’s signature shall constitute certification that:

 

(1)  The information on the application form is true, complete, and not misleading to the best of the applicant’s knowledge;

 

(2)  The applicant  understands that:

 

a.  The submission of false, incomplete, or misleading information is grounds for denying the application or revoking any certification that is issued based on the information; and

 

b.  That he or she is subject to the penalties specified in RSA 641:3, as reprinted in Appendix C, for making unsworn false statements; and

 

(3)  If certification is granted, the applicant agrees to comply with Env-Wq 304.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.13  Application Processing.

 

          (a)  The certification committee shall review applications and supporting documents to determine whether the minimum criteria specified in Env-Wq 304.07 have been met such that the applicant is eligible to take the examination or is eligible for reciprocal certification.

 

          (b)  The certification committee shall notify the applicant of his/her eligibility status in writing.  If the committee determines that the applicant has not met the requirements, the written notification shall specifically identify the reason(s) for the determination.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.14  Examinations.

 

          (a)  The certification committee shall prepare the written examination required by RSA 485-A:7-b to be used in determining operator knowledge, ability, and judgment in each grade of operator classification.

 

          (b)  The department shall administer written examinations at least twice each year at places and times set by the certification committee.

 

          (c)  A score of 70% correct or higher shall be required to pass the written examination.

 

          (d)  The certification committee shall notify each applicant who completes a written examination of the test results as soon as practicable but no later than 90 days following the examination.

 

          (e)  Any applicant who fails to pass the written examination may, as provided in RSA 485-A:7-a, III, take one retest at the same certification level at no additional cost.  Subject to (f) and (g), below, an applicant shall take the retest at one of the next 2 scheduled examinations following the examination the applicant failed.

 

          (f)  If an applicant is unable to take the retest at one of the next 2 scheduled examinations, the applicant may request the certification committee to allow the applicant to take a retest at a later date by submitting a written request that states the reason(s) why the applicant was unable to take the retest as required by (e), above.

 

          (g)  The certification committee shall allow the applicant to take the retest at a later examination if the committee determines that the applicant was prevented by reasons that were beyond the control of the applicant from taking the retest as provided in (e), above.

 

          (h)  Any applicant who wishes to take a retest pursuant to (e), above, shall:

 

(1)  Provide, on or with an application form obtained from the department, the information required in:

 

a.  Env-Wq 304.11(a) - (e); and

 

b. Env-Wq 304.11(f) - (j) if any of the information has changed from the original application; and

 

(2)  Sign the application as specified in Env-Wq 304.12.

 

          (i)     Any applicant who fails to pass a written examination may make arrangements with the certification committee to review the applicant’s written examination at the department’s office, provided the review occurs more than 60 days preceding the date of the applicant’s retest.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.15  Meeting with Certification Committee Required.

 

          (a)  Subject to (b), below, each applicant who meets all requirements for a grade II or II-OIT or higher certification, whether by examination or reciprocity, shall meet with the certification committee prior to receiving certification.

 

          (b)  An operator previously certified in New Hampshire who has met with the committee shall not be required to meet with the committee again when certified at a higher grade.

 

          (c)  An applicant who meets all requirements for a grade I certification who knows at the time of certification that he or she will be the operator in responsible charge at a plant in New Hampshire shall meet with the certification committee prior to receiving certification.

 

          (d)  An operator holding a grade I certification who is designated as the operator in responsible charge pursuant to Env-Wq 304.29(b)(1) shall contact the certification committee within 10 working days of being so designated to schedule a meeting with certification committee, if the operator has not already met with the committee pursuant to (c), above.

 

          (e)  An operator holding a grade I certification who is designated as a back-up certified operator pursuant to Env-Wq 304.29(b)(2) shall include a request to meet with the certification committee in the notice provided pursuant to Env-Wq 304.26(c).

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.16  Issuance, Display, and Duration of Certificates.

 

          (a)  The department shall issue to each applicant who passes the written examination and meets with the certification committee a certificate designating the grade of treatment for which the operator is qualified upon determining that:

 

(1)  The applicant possesses the minimum education and experience requirements for the specified grade; and

 

(2)  No evidence has been presented to the certification committee that would constitute grounds for suspending, revoking, or refusing to renew a certification as specified in Env-Wq 304.22.

 

          (b)  The certificate shall be prominently displayed in the office of the wastewater treatment plant at which the operator is employed.

 

          (c)  As specified in RSA 485-A:7-c, I, a certificate issued pursuant to these rules shall be valid for 2 years from the date of issuance.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.17  Certification Renewal.

 

          (a)  As provided in RSA 485-A:7-c, II, certificates may be renewed.

 

          (b)  An operator wishing to renew his or her certification shall file the following with the committee as specified in (d), below:

 

(1)  The information specified in (e), below, on or with a form provided by the department; and

 

(2)  The renewal fee specified by RSA 485-A:7-c, II.

 

          (c)  The applicant shall sign the application as specified in Env-Wq 304.12.

 

          (d)  The application for renewal shall be:

 

(1)  Delivered to the department no later than one state business day before expiration of the certification; or

 

(2)  Postmarked no later than one day before expiration of the certification.

 

          (e)  The information required by (b)(1), above, for certification renewal shall be as follows:

 

(1)  Applicant’s name, mailing address, daytime telephone number, and, if available, an email address;

 

(2)  The number, grade, and expiration date of the current certification;

 

(3)  The name of the plant where the applicant is currently employed, if any;

 

(4)  Applicant’s present title;

 

(5)  Copies of transcripts or certificates for all education the applicant has completed within the 2-year period preceding the expiration of the certificate to demonstrate compliance with the continuing education requirement specified in Env-Wq 304.18(a);

 

(6)  Whether the operator is certified in any other jurisdiction; and

 

(7)  Whether the operator’s certification, whether from New Hampshire or another jurisdiction, has ever been suspended or revoked and, if so, whether it has been reinstated or reacquired, as applicable.

 

          (f)  Failure of the operator to file an application for renewal as specified in (b) through (e), above, shall result in the provisional expiration of the operator’s certification, subject to reinstatement if the operator submits a renewal application within 90 days after the expiration date of the certification together with a late fee of 50% of the renewal fee, as provided in RSA 485-A:7-c, II.  The certification committee shall notify the operator and the operator’s employer, if any, of the expiration of the certification in writing.

 

          (g)  Any operator whose certification has expired who fails to submit a renewal application as specified in (e), above, but who wishes to obtain certification shall apply for certification by submitting an application in accordance with Env-Wq 304.10 and taking the written examination as required by Env-Wq 304.14.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.18  Continuing Education Required.

 

          (a)  Subject to (b), below, for certification renewal, the operator shall acquire not less than the number of CEUs specified in Table 304.2, below in the relevant field during the 2-year period immediately prior to the expiration date of the certificate:

 

Table 304.2: CEU Requirements for Certificate Renewal

 

Operator Grade

Number of CEUs Required

I and I-OIT

1

All grades except I and I-OIT

2

 

          (b)  If more than the minimum number of CEUs required are earned, then:

 

(1)  A grade I or I-OIT operator may carry forward one-half CEU; and

 

(2)  An operator of any grade except I and I-OIT may carry forward one CEU.

 

          (c)  No operator shall carry any CEU forward beyond the renewal period immediately following the renewal period in which it was earned.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.19  Continuing Education Units.

 

          (a)  CEUs shall be determined as follows:

 

(1)  The CEU value of each training course, seminar, workshop, and technical conference that is relevant to the wastewater industry, as stated in Env-Wq 304.09, shall be determined on the basis of 1 CEU per 10 course hours; 

 

(2)  Each block of 45 CEUs shall be equivalent to one year of post-high school education; and

 

(3)  Each 1.5 CEUs shall be equivalent to one college credit.

 

          (b)  To qualify for CEU credit, a program shall be:

 

(1)  Offered by the department;

 

(2)  Offered by a state-wide or regional professional association of wastewater treatment professionals; or

 

(3)  Approved by the department pursuant to Env-Wq 304.20.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.20  Approval of Courses for CEU Credit.

 

          (a)  An organization that wishes to offer courses for CEU credit in New Hampshire shall apply to the department by submitting the following in writing:

 

(1)  A description of the organization, including:

 

a.  The organization’s name, mailing address, and daytime telephone number; and

 

b.  If the organization is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state, proof of being registered and in good standing to do business in New Hampshire.

 

(2)  The name, mailing address, daytime telephone number, and email address of an individual at the organization who can be contacted regarding the application; and

 

(3)  A complete description of each course for which the organization is seeking approval, including:

 

a.  The name of the course;

 

b.  The name and qualifications of each individual who will present the course;

 

c.  The length of time attendees of the course will be under the direct supervision of the instructor;

 

d.  A syllabus for the course and the written materials to be used in the course, if any;

 

e.  The method to be used to evaluate attendees at the conclusion of the course, if any;

 

f.  The number of CEUs to be awarded as a result of successful completion of the course; and

 

g.  The format the organization will use to provide the transcript(s) or certificate(s) required by Env-Wq 304.17(e)(5).

 

          (b)  The department shall review applications submitted pursuant to (a), above, within 45 days of receiving a complete application.

 

          (c)  The department shall approve a course for CEU credit if the information submitted demonstrates that the course is at least equivalent to a course that would be offered by the department on the same or a similar topic.

 

          (d)  The department shall notify the applicant of its decision in writing.  If the application is denied, the department shall specify the reason(s) for the denial in the written notice.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.21  Reciprocity Applications.

 

          (a)  As provided in RSA 485-A:7-c, III, an applicant may request the certification committee to waive the requirement for a written examination and request reciprocity if he or she has been certified as a wastewater treatment plant operator by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction.

 

          (b)  A request for reciprocity certification shall be made by submitting the following to the certification committee in writing:

 

(1)  A completed application, as specified in Env-Wq 304.10;

 

(2)  A copy of the certificate upon which the waiver request is based;

 

(3)  A statement that certificate was obtained by examination and has not been suspended or revoked or, if it was suspended or revoked, that it has been reinstated or reacquired, as applicable; and

 

(4)  A copy of the official regulations, rules, guidelines, or other written criteria of the jurisdiction which issued the certificate.

 

          (c)  The applicant shall sign the application as specified in Env-Wq 304.12.

 

          (d)  Subject to (e), below, the certification committee shall grant the request and waive the requirement for a written examination if the committee determines that:

 

(1)  The certificate from the other jurisdiction is still valid;

 

(2)  The applicant obtained the certification by taking a written examination;

 

(3)  The applicant has not had a New Hampshire certification revoked; and

 

(4)  As specified in RSA 485-A:7-c, III, the certification requirements of the jurisdiction granting such certification do not conflict with these rules and are not less stringent than these rules.

 

          (e)  No reciprocity certification shall be issued for grade IV or grade IV-OIT certificates.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.22  Suspension, Revocation, or Refusal to Renew Certificate.

 

          (a)  After issuing a certificate or receiving a request for renewal of a certificate, if the committee receives information which indicates that cause, as defined in (c), below, exists to suspend, revoke, refuse to renew, or conditionally renew the certificate, the committee shall proceed in accordance with RSA 541-A:30.

 

          (b)  After initiating a proceeding under (a), above, the committee shall determine whether to suspend, revoke, refuse to renew, or conditionally renew the certificate as specified in Env-Wq 304.23 through Env-Wq 304.25.

 

          (c)  Cause to suspend, revoke, refuse to renew, or conditionally renew a certificate shall include the following;

 

(1) Failing to use reasonable care, judgment, and application of his/her knowledge in the performance of his/her duties;

 

(2)  Taking action(s) or failing to take action(s) relating to the collection, transportation, storage, or treatment of any wastewater in such a way as to jeopardize public health, compromise the proper operation and maintenance of a plant , or result in a violation of water quality standards or wastewater effluent criteria;

 

(3)  Obtaining or assisting another to obtain a certificate through fraud, deceit, or falsification;

 

(4)  Submitting false or misleading information regarding any application for certification or renewal;

 

(5)  Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a plant;

 

(6)  Failing to submit required operational documentation to appropriate regulatory agencies in a timely manner; and

 

(7)  Failing to comply with an order of the department relative to the management of wastewater or wastewater residuals.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.23  Revocation of Certificate; Refusal to Renew Certificate.

 

          (a)  In any proceeding initiated pursuant to Env-Wq 304.22, the committee shall revoke or refuse to renew the certificate, as applicable, if the committee 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 his or her conduct, shows no remorse, or otherwise exhibits a disregard for the wastewater 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-Wq 304.10 to become a certified operator in New Hampshire unless and until the individual has submitted a written request that has been approved by the certification committee as specified in (c) through (f), below.

 

          (c)  No sooner than 3 years from the date the certification was revoked or refused renewal, the individual seeking to apply for certification shall submit a written request to the committee requesting that he or she be allowed to 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 his or her actions; and

 

(3)  Has taken courses or otherwise engaged in education relating to wastewater operations at a rate of 10 hours for each year since the certificate was revoked or refused renewal.

 

          (e)  The committee shall approve the request to apply only if the committee determines, based on the information provided pursuant to (d), above, that the individual is not likely to repeat the action(s) that caused his or her certificate to be revoked or refused renewal.

 

          (f)  The committee shall notify the individual in writing of its decision.  If the committee denies the request to apply, the notice shall specify the reason(s) for the committee’s determination.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.24  Suspension of Certificate.

 

          (a)  In any proceeding initiated pursuant to Env-Wq 304.22, the committee shall suspend the certificate, subject to (b) and (c), below, if the committee determines that:

 

(1)  The underlying cause for the action can 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-Wq 304.23(a).

 

          (b)  If the committee determines that the operator would benefit from additional continuing education, the committee shall include as a condition of the suspension that the operator obtain the additional continuing education prior to requesting reinstatement pursuant to (c), below.

 

          (c)  If a certificate is suspended pursuant to (a), above, the committee 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 committee 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.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.25  Conditional Renewal of Certificate.  In any proceeding initiated pursuant to Env-Wq 304.22 relative to an application to renew a certificate where the criteria for refusing to renew the certificate specified in Env-Wq 304.23(a) are not met but the committee determines that at least one of the underlying causes for the action has been proved, the committee shall renew the certificate subject to the following conditions:

 

          (a)  The operator shall take such action(s) as may be required to remedy the underlying cause(s) for the action; and

 

          (b)  The operator shall take such additional continuing education as the committee determines is needed to help ensure that the operator will not repeat the conduct that caused the committee to consider refusing to renew the certification.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.26  Certified Operator Notification Responsibilities.

 

          (a)  Each operator who receives certification pursuant to these rules shall maintain a current mailing address, daytime telephone number, and email address, if available, on file with the certification committee, at least one of which shall be for the operator personally rather than for the operator’s employer.

 

          (b)  All communications issued by or at the direction of the certification committee that are sent to the operator’s last address of record shall be presumed to have been received by the operator.

 

          (c)  An operator shall notify the certification committee in writing upon being designated as a back-up operator in responsible charge or being terminated from such a position.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.27  Classification and Reclassification of Wastewater Plants.

 

          (a)  The department shall classify each wastewater treatment plant into one of 4 grades based on the complexity and flow capacity of the plant’s processes, ranging from grade I, the lowest, to grade IV.

 

          (b)  The classification shall be determined by summing the applicable points from Env-Wq 304.28, as follows:

 

(1)  Plants with 30 or fewer points shall be grade I;

 

(2)  Plants with 31-55 points shall be grade II;

 

(3)  Plants with 56-75 points shall be grade III; and

 

(4)  Plants with greater than 75 points shall be grade IV.

 

          (c)  The department shall re-evaluate a plant’s classification whenever it learns of changes to the plant that may affect its grade, including:

 

(1)  System upgrades;

 

(2)  Process changes; or

 

(3)  Changes in effluent discharge requirements, laboratory processes or control, receiving water classification, water quality criteria, or increased treatment requirements.

 

          (d)  If as a result of a reevaluation the department changes the grade of a plant, the department shall notify the owner in writing of the change.  If the change is to a higher grade, the wastewater treatment plant owner shall designate a properly certified operator pursuant to Env-Wq 304.29(a) within one year from the receipt of notification from the department.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.28  Classification Points for Wastewater Treatment Plants.  Classification points for wastewater treatment plants shall be assigned in accordance with Table 304.3:

 

Table 304.3  Point System for the Classification of Wastewater Treatment Plants

 

Item

Points

Size

 

          For industrial plants only, maximum population equivalent (pop.eq.) served, peak day

1 per 10,000 pop.eq. or part thereof

For all other plants, the larger of design flow (avg. day) or peak month’s flow (avg. day) in gallons per day (GPD)

0.1 per 100,000 GPD

Effluent Discharge

 

      Receiving stream sensitivity. Primary consideration is the degree of dilution provided under low flow conditions.  Point values are:

1-6

    “Effluent limited segment” in EPA terminology; secondary treatment is adequate

1

    More than secondary treatment is required

2

    “Water quality limited segment” in EPA terminology; stream conditions are very critical (dry run, for example) and a very high degree of treatment is required

3

    Effluent used in direct recycle and reuse system

6

          Land disposal - evaporation

2

          Subsurface disposal

5

          Rapid infiltration basins

6

Variation in Raw Wastes (slight to extreme), including industrial discharge connections.  Primary consideration is frequency or intensity of deviation or excessive variation from normal or typical fluctuations; such deviation can be in terms of strength, toxicity, shock loads, I/I, etc.  Point values are:

0-6

          Variations do not exceed those normally or typically expected

0

Recurring deviations or excessive variations of 100 to 200 percent in strength and/or flow

2

Recurring deviations or excessive variations of more than 200 percent in strength and/or flow

4

Raw wastes subject to toxic waste discharges

6

Pretreatment

 

          Screening, comminution

3

          Grit removal

3

          Influent flow equalization

1

          Plant pumping of main flow

3

Primary Treatment

 

          Primary clarifiers

5

          Combined sedimentation/digestion

5

          Chemically enhanced primary treatment

7

Secondary Treatment

 

Activated sludge with secondary clarifiers (including extended aeration, sequencing batch reactors & oxidation ditches)

15

          Stabilization ponds without aeration

5

          Aerated lagoon

8

          Sand filters

5

          Fixed film media system

10

          Subsurface disposal

5

          Rapid infiltration basins

6

          Overland flow

6

Advanced Treatment

 

          Polishing pond

2

          Chemical/physical, including ballasted treatment

12

          Biological or chemical/biological

12

          Ion exchange

10

          Reverse osmosis or membrane filtration

15

          Chemical recovery, carbon regeneration

4

          Spray irrigation

8

          Overland flow

6

          Filtration

8

Solids Handling

 

          Mechanical thickening

5

          Anaerobic digestion

10

          Aerobic digestion

6

          Evaporative sludge drying

2

          Mechanical dewatering

8

          Solids reduction (incineration, wet oxidation)

12

          Composting

7

          Lime stabilization

5

          Septage receiving

1

Disinfection

 

          Chlorination or comparable

5

          On-site generation of disinfectant

5

          Dechlorination

5

          Ultraviolet

5

Effluent post aeration

2

Effluent flow equalization

1

Odor Control.  Primary consideration is complexity of odor control system operation and maintenance.  Point values are:

0-2

Soil or carbon filters or equivalent

1

Chemical/wet scrubber systems or equivalent

2

SCADA System

1

Laboratory Control by Plant Personnel.  Primary consideration is complexity of lab work done by plant personnel.  Point values are:

0-10

Push button or visual methods for simple tests such as pH, chlorine residual, settleable solids

1

Standard  procedures such as DO, COD,  BOD, TSS, gas analysis, filtrations, solids, volatile content, nutrients, bacteriological analysis (membrane filter, MPN, E. coli, fecal coliform, Enterococci)

3

More advanced determinations, such as total oils, phenols, metals

5

Biological identification

7

Virus studies or similarly complex work conducted on site

10

Highly sophisticated instrumentation such as atomic absorption and gas chromatography

10

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.29  Wastewater Treatment Plant Owner Responsibilities.

 

          (a)  As specified in RSA 485-A:5-a, wastewater treatment plants shall be operated only by certified operators.

 

          (b)  Each wastewater treatment plant owner that is subject to these rules shall designate:

 

(1)  An individual to be the operator in responsible charge who is certified in the grade equal to or greater than the classification of the plant; and

 

(2)  An individual to be the back-up certified operator available to be in responsible charge of the plant in the absence of the usual certified operator in responsible charge, who is certified in a grade no more than one grade lower than the grade of the facility or an OIT certificate in the grade of the facility, provided that in the case of a grade I plant, the back-up operator shall hold a grade I certificate or higher.

 

          (c)  The wastewater treatment plant owner shall notify the certification committee of the following within 10 working days:

 

(1)  The name of the individual designated to be the operator in responsible charge; and

 

(2)  Any termination of the operator in responsible charge.

 

          (d)  A notification required by (c), above, may be made by email, fax, or letter.

 

          (e)  The wastewater treatment plant owner shall hire a replacement for the operator in responsible charge or the back-up operator, as applicable, as soon as practicable after a termination occurs, taking into consideration:

 

(1)  The owner’s personnel code or other applicable requirements, including but not limited to the terms of any collective bargaining agreement extant in the municipality relative to hiring and promotions; and

 

(2)  The public interest in an open competitive recruitment process for selection of qualified public employees.

 

          (f)  The committee shall give temporary approval for a wastewater treatment plant owner to hire an operator one grade below the required grade upon written request to the committee, provided the operator is qualified to take, and does take, the next scheduled examination in the next highest grade.  If the operator does not pass the examination, the temporary approval shall be extended to allow one retest at the next scheduled examination.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.30  Penalties.

 

          (a)  Failure to have a certified operator in responsible charge shall be deemed to be a failure to provide proper and efficient operation and maintenance of a plant as required by RSA 486:8.

 

          (b)  Any person who is subject to these rules shall be subject to the enforcement and penalty provisions as set forth in RSA 485-A:22.

 

          (c)  Any plant that is subject to these rules for which the owner has received funds pursuant to RSA 486 shall be subject to the enforcement and penalty provisions as set forth in RSA 486.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.31  Certification Committee.

 

          (a)  The department shall implement its responsibilities relative to certifying wastewater treatment plant operators through a certification committee comprised of 3 department personnel and 2 individuals who are not employed by the department.

 

          (b)  The 3 department personnel shall be designated by the director of the department’s division of water.

 

          (c)  The remaining 2 members of the committee shall be elected by the New Hampshire Water Pollution Control Association as specified in RSA 485-A:2, I-b, provided that the individuals elected shall hold current New Hampshire wastewater treatment plant operator certifications as per these rules.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

          Env-Wq 304.32  Waivers.

 

          (a)  The purpose of this section is to accommodate situations where strict compliance with all rules in this part may not be the best outcome in light of the particular circumstances of the situation. 

 

          (b)  Anyone who wishes to obtain a waiver of one or more specific requirements of this part shall file a written request that contains the information specified in (c), below, and is signed as specified in (d), below.

 

          (c)  The information required by (b), above, shall be as follows:

 

(1)  The name, daytime telephone number and, if available, fax number and e-mail address of the person who is requesting the waiver (requestor);

 

(2)  If the requestor is not an individual, the name, daytime telephone number and, if available, fax number and e-mail address of each individual who has been authorized by the requestor to discuss the request with the department (authorized representative);

 

(3)  If the requestor is a certified operator, the certification number as shown on the certificate issued pursuant to Env-Wq 304.16(a);

 

(4)  If applicable, the name, location, and EPA ID number of the plant to which the waiver request relates or at which the operator works;

 

(5)  A reference to the specific section of the rules for which a waiver is sought;

 

(6)  A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

 

(7)  A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the requirement in the rule;

 

(8)  An explanation of how long the waiver will be needed; and

 

(9)  A full explanation of why the requestor believes the request meets the criteria specified in (f), below.

 

          (d)  The requestor shall sign and date the waiver request.  Such signature shall constitute certification that the information submitted in support of the request is true, complete, and not misleading to the best of the signer’s knowledge, and that the signer understands that he or she is subject to the penalties specified in RSA 641:3, as reprinted in Appendix C, for making unsworn false statements in support of the request.

 

          (e)  Within 5 working days of receipt of a complete, signed request, the department shall forward a copy of the request to each member of the certification committee with a request for comments.

 

          (f)  The department shall issue a written response to a complete, signed request for a waiver within 45 days of receipt of the request.  If the department denies the request, the reason(s) for the denial shall be clearly stated in the written response.

 

          (g)  The department shall deny a waiver unless the submitted request demonstrates that:

 

(1)  The requirement for which a waiver is requested is not a statutory requirement;

 

(2)  Granting a waiver will not jeopardize public health or safety or the environment;

 

(3)  The adverse operational and economic consequences of complying with the rule as written outweigh any benefit to be obtained from complying with the rule as written; and

 

(4)  Granting a waiver will not contravene the intent of these rules.

 

          (h)  The department shall:

 

(1)  Identify in the waiver the date on which the waiver expires, if any; and

 

(2)  Include in the waiver any conditions necessary to ensure that the criteria specified in (g), above, are met.

 

Source.  (See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13

 

PART Env-Wq 305  PRETREATMENT OF INDUSTRIAL WASTEWATER

 

                  Statutory Authority:  RSA 485-A:4, XV; RSA 485-A:5; RSA 485-A:6, VI

 

Revision Note:

 

          Document #10381, effective 8-1-13, readopted with amendments and renumbered former Part Env-Ws 904 titled “Standards for Pretreatment of Industrial  Wastewater” under a new subtitle as Part Env-Wq 305 titled “Pretreatment of Industrial Wastewater”.  The redesignation from subtitle Env-Ws to subtitle Env-Wq 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 #10381 replaces all prior filings for rules formerly in Env-Ws 904.  The prior filings for rules in former Env-Ws 904 include the following documents:

 

          #2240, eff 12-31-82

          #2851, eff 9-21-84; EXPIRED 9-21-90

          #6373, eff 11-16-96

          #8203, INTERIM, eff 11-16-04

          #8328, eff 4-23-05

 

          Env-Wq 305.01  Purpose.  The purpose of these standards is to implement RSA 485-A:4, XV and RSA 485-A:5 so as to prevent the indirect discharge of pollutants to a publicly-owned treatment works (POTW) that would:

 

          (a)  Pass through, interfere with, or otherwise be incompatible with the safe and successful performance, operation, and maintenance of the POTW;

 

          (b)  Cause the POTW to violate any water quality standards specified in Env-Wq 1700; or

 

          (c)  Adversely impact sludge quality and prevent its use or disposal as other than a hazardous waste.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.02  Applicability.  These rules shall apply to the discharge of industrial wastes, as defined in RSA 485-A:2, VI, to a POTW.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.03  Definitions.  As used herein the following terms shall have the following meanings:

 

          (a)  “Department” means the New Hampshire department of environmental services.

 

          (b)  “Domestic septage” means either liquid or solid material removed from a septic tank, cesspool, or similar containment area that receives only domestic sewage.

 

          (c)  “Domestic sewage” means sewage comprised of waste and wastewater from household or commercial operations, that:

 

(1)  Contains no industrial waste; and

 

(2)  Is discharged to or otherwise enters a treatment works.

 

          (d)  “Fume toxicity screening level” means that concentration of a pollutant in water that, under equilibrium conditions, a confined environment, and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed the exposure limit.

 

          (e)  “Headworks” means that portion of a wastewater treatment plant that first receives the total influent flow for initial treatment.

 

          (f)  “Headworks loading limit” means the maximum allowable quantity of pollutants at the headworks of a wastewater treatment plant when the following constraints are considered:

 

(1)  Water quality standards for the receiving water;

 

(2)  Discharge permit limits;

 

(3)  Inhibition of biological treatment processes;

 

(4)  Sludge criteria;

 

(5)  Corrosive destruction of the POTW;

 

(6)  Air quality limitations; and

 

(7)  Worker safety.

 

          (g)  “Indirect discharge” means the introduction of pollutants into a POTW from any non-domestic sources.

 

          (h)  “Indirect discharger” means a facility that discharges waste, as defined in RSA 485-A:2, XVI, alone or in combination with domestic sewage to a POTW.

 

          (i)  “Industrial waste” means “industrial waste” as defined in RSA 485-A:2, VI, as reprinted in Appendix B.

 

          (j)  “Interference” means an indirect discharge that, alone or in conjunction with indirect discharge(s) from other sources:

 

(1)  Inhibits or disrupts the POTW’s treatment processes or operations, or its processing, use, or disposal of sludge in compliance with applicable statutes and rules;

 

(2)  Is a cause of a violation of any requirements of the POTW’s federal or state discharge permit; or

 

(3)  Prevents sewage sludge use or disposal in compliance with the following statutory provisions and rules or permits issued thereunder:

 

a.  Env-Sw 100 et seq. relative to solid waste management;

 

b.  Env-A 100 et seq. relative to air pollution control;

 

c.  The General Pretreatment Regulations For Existing and New Sources of Pollution, 40 CFR 403;

 

d.  The Federal Toxic Substances Control Act;

 

e.  The Federal Marine Protection, Research and Sanctuaries Act; and

 

f.  Env-Wq 800 and 40 CFR 503 relative to use or disposal of sewage sludge.

 

          (k)  “Local limit” means a pollutant quantity specified in a municipal sewer ordinance that numerically limits the amount of each specified pollutant that can be discharged to the POTW by an indirect discharger.

 

          (l)  “Medical/infectious waste” means “medical/infectious waste” as defined in RSA 125-N:2, VIII, as reprinted in Appendix B.

 

          (m)  “Municipal sewer use ordinance” means that set of ordinances, bylaws, or regulations duly adopted by the governing body of the municipality relating to the POTW and all appurtenant structures, including any pretreatment facilities as are required for the proper maintenance and operation of the foregoing enumerated facilities.

 

          (n)  “Municipality” means, for the purposes of these rules, any state, county, city, town, district, governmental subdivision of the state, or any other public entity, other than federal agencies, responsible for the operation and maintenance of the treatment works.

 

          (o)  “Other wastes” means other wastes as defined in RSA 485-A:2, VIII, as reprinted in Appendix B.

 

          (p)  “Pass through” means a discharge to a POTW in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s federal and/or state discharge permit.

 

          (q)  “Person” means person as defined in RSA 485-A:2, IX, as reprinted in Appendix B.

 

          (r)  “Pharmaceutical waste” means a prescription drug, as defined in RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined in RSA 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discarded.

 

          (s)  “Pretreatment” means the application of physical, chemical, or biological processes, either singly or in combination, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharge into a POTW.

 

          (t)  “Publicly owned treatment works (POTW)” means a treatment works that is owned by a municipality.

 

          (u)  “Radiological waste” means radioactive waste as regulated by RSA 125-F.

 

          (v)  “Sewage” means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix B.

 

          (w)  “Significant Indirect Discharger” means an indirect discharger that meets one or more of the following criteria:

 

(1)  Is subject to national categorical pretreatment standards under 40 CFR 403.6;

 

(2)  Discharges an average of 10,000 gallons per day or more of process wastewater;

 

(3)  Discharges a process wastewater that contributes 5 percent or more of the hydraulic or organic loading to the wastewater treatment plant;

 

(4)  Discharges medical/infectious waste, pharmaceutical waste, or radiological waste if such a discharge has been designated by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement; or

 

(5)  Is designated as such by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement.

 

          (x)  “Sludge” means “sludge” as defined in RSA 485-A:2, XI-a, as reprinted in Appendix B.

 

          (y)  “Sludge toxicity” means the degree to which a sludge has a toxic effect on living organisms.

 

          (z)  “Surface waters of the state” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix B.

 

          (aa)  “Treatment works” means any device or system used in the collection, storage, treatment, recycling, or reclamation of sewage or industrial waste and includes all collection sewers, interceptor sewers, pumping stations, treatment and appurtenant facilities essential to the operation of an entire system.

 

          (ab)  “Upset” means “upset” as defined in RSA 485-A:2, XVIII, as reprinted in Appendix B.

 

          (ac)  “Waste” means “waste” as defined in RSA 485-A:2, XVI, as reprinted in Appendix B.

 

          (ad)  “Wastewater treatment plant” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in Appendix B.

 

          (ae)  “Winnipesaukee River Basin Program (WRBP)” means the wastewater collection system and treatment facilities established and operated under RSA 485-A:45-54.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.04  Municipal Sewer Use Ordinance.  Subject to Env-Wq 305.07, in order to be approvable pursuant to Env-Wq 305.08 a municipal sewer use ordinance or revisions thereto shall include the following minimum pretreatment standards and related provisions applicable to indirect dischargers:

 

          (a)  Local limits as specified in Env-Wq 305.05;

 

          (b)  Fume toxicity, explosivity, and ignitability screening levels when necessary for the protection of personnel or sewer structures;

 

          (c)  A requirement that wastes introduced into a POTW by any person shall not:

 

(1)  Interfere with the safety, operation, maintenance, or performance of the POTW;

 

(2)  Have an adverse effect on the receiving stream;

 

(3)  Prevent disposal of sludge in the manner used by the POTW; or

 

(4)  Otherwise endanger life, limb, public property, or constitute a nuisance;

 

          (d)  A prohibition on diluting any waste stream to meet required limits;

 

          (e)  A list of wastes prohibited to be discharged to the POTW, which shall include as a minimum the items listed in Env-Wq 305.06;

 

          (f)  A provision or provisions by which the municipality may require a discharger to:

 

(1)  Install and maintain monitoring and sampling equipment;

 

(2)  Keep records of monitoring and sampling data, including quality assurance/ quality control records for a period of at least 5 years from the date of the measuring, sampling, or report, which period shall be extended through the duration of any enforcement action; and

 

(3)  Submit records upon written request to local or state officials;

 

          (g)  A space for documentation that the local authority has adopted the sewer use ordinance, including adoption date and signatures of adopting officials;

 

          (h)  A requirement that an indirect discharge of wastewater shall only be allowed to a sewer connected to the POTW;

 

          (i)  A requirement that all newly-connected discharges shall be in compliance with pretreatment standards prior to connection to the POTW;

 

          (j)  A requirement that each significant indirect discharger obtain a discharge permit in accordance with Env-Wq 305.10 through Env-Wq 305.16, as applicable, prior to discharging any industrial waste to the POTW, provided that the ordinance may include the provisions of Env-Wq 305.19 or Env-Wq 305.20, or both, to allow the permitting authority to allow certain discharges of limited duration without a permit;

 

          (k)  A requirement that any discharge permit issued shall include the conditions identified in Env-Wq 305.17(b);

 

          (l)  A requirement that any dental practice that is required by Env-Wq 306 to have an amalgam separator properly install and maintain the separator; and

 

          (m)  A requirement that grease interceptors be installed and maintained in accordance with local and state codes and requirements and that maintenance records be periodically provided to the POTW.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.05  Local Limits.  The municipality shall develop local limits as follows:

 

          (a)  Local limits shall specifically meet the headworks loading limit and reflect the design and operational capabilities of the POTW;

 

          (b)  Specific numerical limits shall be required on constituents contained in waste if the inclusion of such limits is necessary to meet applicable federal and state law;

 

          (c)  Local limits shall be established on a mass basis to allow indirect dischargers to reduce water use; and

 

          (d)  Local limits shall be reevaluated and revised as necessary no less than every 5 years from adoption.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.06  Prohibited Wastes.  The list of prohibited wastes required by Env-Wq 305.04(e) shall include the following:

 

          (a)  Any waste containing any pollutant in a concentration that is likely to cause corrosive or structural damage to the POTW, and in no case any waste having a pH lower than 5.0 or higher than 12.0;

 

          (b)  Solid or viscous pollutants in any amount that is likely to cause obstruction to the flow in the POTW or result in interference with the proper operation of the POTW;

 

          (c)  Any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate or pollutant concentration or quantity that is likely to cause interference with the POTW operations, constitute a hazard to humans or animals, create a public nuisance, exceed any national categorical pretreatment standard, or cause pass through;

 

          (d)  Any waste that contains a concentration or quantity of any pollutant such that the introduction of the waste to a POTW is likely to cause a treatment process upset and subsequent loss of treatment ability;

 

          (e)  Any waste that contains heat in an amount that is likely to inhibit biological activity in a POTW resulting in an interference, and in no case heat in such quantities that the temperature of the influent at the POTW exceeds 40°C, equivalent to 104°F;

 

          (f)  Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in an amount that is likely to cause interference or pass through;

 

          (g)  Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that is likely to cause worker health and safety problems;

 

          (h)  Any trucked or hauled pollutants, except at discharge points designated by the POTW;

 

          (i)  Any medical/infectious waste or radiological waste designated by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement;

 

          (j)  Any wastewater that is likely to cause the POTW’s effluent or sludge to fail a toxicity test;

 

          (k)  Any hazardous waste listed or designated by the department under Env-Hw 400; and

 

          (l)  Any pharmaceutical waste, except for such pharmaceutical wastes as are required by federal law to be disposed of by flushing into a municipal sewer system.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.07  Alternate Provisions.  A municipality may omit an element required by Env-Wq 305.04 from its municipal sewer use ordinance, or may include alternate or additional elements in its municipal sewer use ordinance, only if:

 

          (a)  The municipality obtains a waiver pursuant to Env-Wq 305.09; or

 

          (b)  The municipality includes, as part of its submittal pursuant to Env-Wq 305.08, an explanation of:

 

(1)  Why the element was omitted; and

 

(2)  How the resulting municipal sewer use ordinance supports the purpose and intent of the industrial pretreatment requirements as expressed in RSA 485-A and Env-Wq 305.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.08  Approval of Municipal Sewer Use Ordinance.

 

          (a)  Each municipality shall submit its sewer use ordinance or any revisions thereto to the department for approval before adoption.

 

          (b)  Within 60 days of receipt of a sewer use ordinance from a municipality, the department shall review the ordinance for conformity with Env-Wq 305.04.

 

          (c)  The department shall approve the sewer use ordinance if it determines that:

 

(1)  The ordinance contains all of the elements required by Env-Wq 305.04 or alternate provisions provided in accordance with Env-Wq 305.07; and

 

(2)  The ordinance does not contain any provisions that are less stringent than the elements required by Env-Wq 305.04.

 

          (d)  The department shall notify the municipality of its approval or disapproval of the sewer use ordinance in writing.  If the ordinance is not approved, the written notification shall include the reasons for disapproval.

 

          (e)  Within 60 days of adopting the approved sewer use ordinance, the municipality shall send to the department:

 

(1)  A copy of the adopted ordinance; or

 

(2)  A copy of the signature page together with a certification that no changes were made to the department-approved ordinance prior to adoption.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.09  Waivers.

 

          (a)  Waivers to the pretreatment standards set forth in a sewer use ordinance approved by the department shall be granted by the department only in accordance with this section.

 

          (b)  All requests for waiver approval shall be submitted to the department by the municipality and shall be in writing.

 

          (c)  All waiver requests shall include the following information:

 

(1)  A full explanation of why a waiver is necessary, with supporting information and calculations;

 

(2)  A full explanation of how the granting of the waiver is consistent with the purpose of RSA 485-A as set forth in RSA 485-A:1;

 

(3)  A technical analysis of the effects of the proposed discharge on the POTW, relative to:

 

a.  Performance and effluent quality;

 

b.  Operation and maintenance;

 

c.  Safety and health of workers;

 

d.  Pass through; and

 

e.  Sludge use or disposal; and

 

(4)  Any other information that the person requesting the waiver believes is relevant to the waiver request.

 

          (d)  The department shall review the waiver request within 60 days of receipt.  If the request does not contain all of the information specified in (c), above, or if the information is otherwise insufficient to allow the department to make an informed decision, the department shall request additional information.

 

          (e)  The department shall grant the waiver if the information submitted by the applicant demonstrates that:

 

(1)  The alternatives proposed are at least equivalent to the specific requirements contained in the rule; or

 

(2)  The alternatives proposed are adequate to ensure that the purpose of RSA 485-A is met and the result provides equivalent or better protection of the POTW and the receiving waters.

 

          (f)  The department shall notify the municipality of its decision in writing.  If the waiver request is denied, the written decision shall specifically state the reasons for the denial.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.10  Industrial Wastewater Discharge Request.

 

          (a)  Subject to (b), below, the owner of an indirect discharger from which industrial waste is or will be discharged to a POTW that has its wastewater treatment plant located in New Hampshire shall apply for approval of the discharge in accordance with this section prior to discharging any industrial waste, increasing the volume of the industrial wastewater flow, or changing any characteristics of the discharge, such as pollutant concentration or characteristics, if such discharge:

 

(1)  Is from a significant indirect discharger;

 

(2)  Could cause interference with the POTW;

 

(3)  Could have an adverse affect on the receiving stream or otherwise endanger public or private safety or property; or

 

(4)  Could constitute a nuisance by affecting qualities not specifically regulated, such as odor or the color of the discharge.

 

          (b)  The requirements of (a), above, shall not apply if the discharge request is submitted in accordance with Env-Wq 305.11, Env-Wq 305.19, or Env-Wq 305.20.

 

          (c)  A complete discharge request shall:

 

(1)  Include the information specified in Env-Wq 305.12 and Env-Wq 305.13 on a form obtained from the department or provided by the municipality; and

 

(2)  Be signed by the applicant as specified in Env-Wq 305.14.

 

          (d)  The applicant shall submit the complete, signed discharge request as specified in Env-Wq 305.15 or Env-Wq 305.16, as applicable.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.11  Discharge Request Submission, Processing, and Approvals: WRBP.  Any applicant having an existing or proposed discharge to the WRBP shall comply with the applicable requirements of Env-Wq 1200.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.12  Discharge Request Form: Municipal Portion.  The municipality shall complete the first part of the discharge request form by providing:

 

          (a)  The name of the municipality;

 

          (b)  The name of the applicant;

 

          (c)  Whether the requested permit is for a new discharge or a modified discharge;

 

          (d)  Prior flow volume, if any;

 

          (e)  Proposed flow volume and total flow volume to be discharged; and

 

          (f)  The printed or typed name and title of the individual authorized by the governing body of the municipality to sign discharge requests as specified in Env-Wq 305.14(a).

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.13  Discharge Request Form: Applicant Portion.  The applicant shall provide the following information on or with the applicant portion of the discharge request form:

 

          (a)  The name, street address, and mailing address of the indirect discharger;

 

          (b)  The name, position, and daytime telephone number of a responsible individual at the indirect discharger, such as a plant manager, plant engineer, president, or vice president of the company, who has been authorized by the indirect discharger to certify the permit application as specified in Env-Wq 305.14(b);

 

          (c)  The North American Industry Classification System (NAICS) code of the indirect discharger and, if available, the SIC code(s);

 

          (d)  Whether the indirect discharger is subject to national categorical standards, and if so, which standards;

 

          (e)  Information on the proposed flow, including the estimated average, minimum, maximum and total daily flow for domestic discharges and each process discharge and the time and duration of those discharges;

 

          (f)  A schematic of the proposed treatment process;

 

          (g)  The name, company, and license number of the chemical, civil, sanitary, or environmental professional engineer (PE) authorized to work in New Hampshire under RSA 310-A who prepared the treatment system plans and specifications, if plans and specifications are being submitted for review;

 

          (h)  If applicable, plans, specifications, and operation and maintenance procedures for new or modified treatment facilities at the indirect discharger, stamped by the PE identified pursuant to (g), above;

 

          (i)  A schematic diagram showing the production process, including the origin of each waste stream;

 

          (j)  A list of pollutants expected to be present in the discharge and the anticipated quantity of each, based on:

 

(1)  Analyses of the waste stream(s) to be discharged, in which case test results shall be submitted with the discharge permit request; or

 

(2)  Knowledge of the process that produces the wastewater;

 

          (k)  Information on the toxicity and treatability of the pollutants proposed to be discharged, as available from manufacturer’s testing, safety, and data publications;

 

          (l)  A map showing the location within the municipality of the indirect discharger with respect to the POTW;

 

          (m)  A listing of all chemicals used at the indirect discharger that will be or could be discharged, such as production chemicals, degreasers, and cleaning solvents;

 

          (n)  A description and location diagram of all sampling locations at the indirect discharger;

 

          (o)  A brief narrative describing those measures taken or planned to reduce water usage and implement pollution prevention techniques, if any, such as:

 

(1)  Flow restrictors;

 

(2)  Countercurrent rinses;

 

(3)  Recycling of non-contact cooling water;

 

(4)  Chemical substitutions; and

 

(5)  Pollutant source reduction; and

 

          (p)  A list of all environmental permits held by or for the indirect discharger.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.14  Signatures and Certifications.

 

          (a)  The individual authorized by the governing body of the municipality to sign discharge requests shall sign and date the discharge application.  Such signature shall constitute certification that the proposal meets with the approval of all local authorities having jurisdiction over the request.

 

          (b)  The responsible individual identified pursuant to Env-Wq 305.13(b) shall sign and date the discharge application.  Such signature shall constitute certification that:

 

(1)  The application and all attachments were prepared under the responsible individual’s direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted;

 

(2)  Based on inquiry by the responsible individual of the individual or individuals who manage the system, or those individuals directly responsible for gathering the information, the information submitted is true, accurate, and complete to the best of the responsible individual’s knowledge and belief; and

 

(3)  The responsible individual is aware that there are significant penalties for submitting false information, including the possibility of criminal prosecution under RSA 641:3 for knowing violations.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.15  Discharge Request Submission: Local Treatment.

 

          (a)  This section shall apply to the processing of discharge requests where the municipality in which the applicant is located owns and operates the POTW that will receive and treat the discharge.

 

          (b)  The applicant shall submit the completed, signed discharge request to the municipality.

 

          (c)  Upon receipt of a discharge request, the municipality shall evaluate the proposed discharge and the ability of the POTW to accommodate the discharge based on information submitted by the applicant.

 

          (d)  No municipality shall allocate or accept for treatment more than 90 percent of the headworks loading limits of its POTW.

 

          (e)  The municipality shall not approve the discharge request unless the proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances.

 

          (f)  If the municipality approves the discharge request, an authorized official of the municipality shall:

 

(1)  Sign the discharge request as specified in Env-Wq 305.14(a); and

 

(2)  Forward the discharge request to the department.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.16  Discharge Request Submission: Remote Treatment.

 

          (a)  This section shall apply to the processing of discharge applications where the POTW that will receive and treat the discharge (host POTW) is not owned and operated by the municipality in which the applicant is located (satellite municipality), other than discharges that are subject to Env-Wq 305.11.

 

          (b)  The applicant shall submit the completed, signed discharge request to the satellite municipality.  The satellite municipality may request the applicant to submit 2 copies of the completed discharge request form.

 

          (c)  Upon receipt of a discharge request, the satellite municipality shall:

 

(1)  Evaluate the proposed discharge for compliance with locally-applicable requirements; and

 

(2) Approve the discharge request if the proposed discharge meets all locally-applicable requirements.

 

          (d)  If the municipality approves the discharge request, an authorized official of the municipality shall:

 

(1)  Sign the discharge request as specified in Env-Wq 305.14(a); and

 

(2)  Forward the discharge request to the department and to the host POTW.

 

          (e)  Upon receipt of a discharge request, the host POTW shall evaluate the proposed discharge and the ability of the POTW to accommodate the discharge based on information submitted by the applicant.

 

          (f)  No host POTW shall allocate or accept for treatment more than 90 percent of the headworks loading limits of its POTW.

 

          (g)  The host POTW shall not approve the discharge request unless the proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances.

 

          (h)  If the host POTW decides to accept the discharge, the host community shall submit a completed Host Community Acknowledgement, dated 05-28-13, as reprinted in Appendix C, to the department.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.17  Discharge Application Processing.

 

          (a)  Upon receipt of a completed, signed discharge request and, if applicable, a completed, signed Host POTW Acknowledgement Form, the department shall review the request.  The department shall approve the request subject to the conditions listed in (b), below, if the information submitted demonstrates that:

 

(1)  The proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances; and

 

(2)  If applicable, the host POTW has agreed to accept the discharge.

 

          (b)  The department’s approval of a discharge request shall be subject to the following conditions:

 

(1)  The indirect discharger shall fully comply with the applicable sewer use ordinance;

 

(2)  The indirect discharger shall fully comply with all applicable federal, state and local pretreatment standards and requirements;

 

(3)  The indirect discharger shall not add any water or other liquid to the effluent so as to reduce the concentration of pollutants by increasing the volume of effluent as a substitute for any pretreatment necessary to maintain compliance;

 

(4)  The indirect discharger shall not make changes to any processes that contribute to the wastewater discharge that would increase the amount of flow, change the characteristics of the pollutants discharged, or increase the concentration of any pollutant without prior approval by the department through the submission of a new industrial wastewater discharge request in accordance with Env-Wq 305.10;

 

(5)  The approval shall be based on and apply only to the subject discharge request and all associated plans and supporting information as submitted in the completed, signed discharge request; and

 

(6)  The approval shall become void if the discharge approved does not begin within one year from the date of approval.

 

          (c)  Upon receipt of notification from the department that the discharge request is approved, the municipality in which the applicant is located shall issue a discharge permit to the indirect discharger.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.18  Discharge Permits.  The discharge permit for significant indirect dischargers issued pursuant to Env-Wq 305.17(c) shall contain the following provisions:

 

          (a)  Indirect discharger name, street address, mailing address, and daytime telephone number;

 

          (b)  Dates of issuance and expiration;

 

          (c)  The general and specific prohibitions from the sewer use ordinance that apply to the discharge;

 

          (d)  A list of pollutants, allowable parameters, and discharge limits;

 

          (e)  Identification of applicable EPA categorical standards;

 

          (f)  A list of pollutants to be monitored and the monitoring requirements applicable thereto;

 

          (g)  Sampling frequency, techniques, and locations;

 

          (h)  Reporting requirements;

 

          (i)  Inspection requirements;

 

          (j)  Notification requirements, including for:

 

(1)  Slug loading;

 

(2)  Spills, bypasses, and upsets;

 

(3)  Changes in volume or characteristics of the discharge for which a permit revision is not required; and

 

(4)  Permit violations.

 

          (k)  Record keeping requirements;

 

          (l)  Applicable definitions and special conditions from the sewer use ordinance;

 

          (m)  Applicable civil and criminal penalties for violations;

 

          (n)  Notification requirements prior to any new or increased discharge;

 

          (o)  A requirement to submit a complete new application at a specified frequency, which shall be not less than once every five years; and

 

          (p)  A requirement to provide a copy of the permit to the department, if the department so requests.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.19  Discharge Permits Not Required for New Technology Trials.  A discharge request and permit shall not be required for a trial of a new technology provided that:

 

          (a)  The trial will not last longer than 4 months; and

 

          (b)  No discharge from the indirect discharger at which the trial is occurring is likely to cause a violation of:

 

(1)  The indirect discharger’s existing discharge permit from the municipality; or

 

(2)  Any requirements of the municipality’s sewer use ordinance or any other applicable state, federal, or local requirements.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.20  Approval of Special Discharges of Limited Duration.

 

          (a)  Any person proposing to discharge, as a one-time or otherwise limited duration discharge, waters or wastes to the public sewers that contain the substances or possess the characteristics enumerated in Env-Wq 305.06, or that exceed any applicable national categorical pretreatment standard, local limit or local prohibited waste, or that might otherwise have a deleterious effect on the POTW  or its processes or  equipment or on the POTW’s receiving waters, or that might otherwise create a hazard to life or constitute a public nuisance, shall request permission from the POTW prior to discharging the waters or waste.

 

          (b)  To request permission to discharge, the person shall provide the following information:

 

(1)  The nature of the waters or wastes to be discharged;

 

(2)  The estimated duration of the discharge; and

 

(3)  The anticipated start of the discharge.

 

          (c)  If necessary to fully characterize the proposed discharge, the person shall provide:

 

(1)  The discharge peak rate and volume over a specified time period;

 

(2)  Chemical analyses of the proposed discharge;

 

(3)  A line diagram of the production process showing the origin of each waste stream;

 

(4)  A listing of all chemicals used in the facility which could be discharged to the sewer;

 

(5)  A plot plan of sewers on the user’s property showing sewer and pretreatment facility location;

 

(6)  Details of wastewater pretreatment facilities; and

 

(7)  Details of systems established by the user to prevent and control the losses of materials through spills to the public sewer or storm drain.

 

          (d)  The POTW shall deny the request unless it determines that the proposed discharge:

 

(1)  Is not likely to cause a significant adverse impact to receiving waters or to the POTW, community or POTW personnel;

 

(2)  Is not likely to create a hazard to life or constitute a public nuisance; and

 

(3)  Could be treated to alleviate the adverse impact.

 

          (e)  If the POTW determines that the criteria specified in (d), above, are met, the POTW shall grant the request, subject to any conditions as are necessary to minimize any adverse impact, such as restricting the rate or timing of discharge or requiring pretreatment of the discharge.

 

          (f)  If the POTW accepts the discharge but determines that the discharge will cause the community or POTW to incur additional expenses as a result of the discharge, the POTW may require the person to pay the added cost of handling and treating the wastes as a condition of allowing the discharge.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

          Env-Wq 305.21  Reporting.  In order to demonstrate compliance with RSA 485-A:5, III, each municipality shall provide the following to the department no less frequently than once every 5 years:

 

          (a)  A copy of its current sewer use ordinance if it has been revised without department approval subsequent to any previous submittal to the department or a certification that no changes have been made;

 

          (b)  A current list of all significant indirect dischargers to the POTW that includes the following information for each significant indirect discharger:

 

(1)  Name and address;

 

(2)  The name and daytime telephone number of a contact person;

 

(3)  Products manufactured;

 

(4)  Industrial processes used;

 

(5)  Existing pretreatment processes; and

 

(6)  Discharge permit status.

 

          (c)  A list of all permitted indirect dischargers; and

 

          (d)  A certification that the municipality is strictly enforcing its sewer use ordinance and all discharge permits it has issued.

 

Source.  (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

 

PART Env-Wq 306  STANDARDS FOR MANAGEMENT OF MERCURY-CONTAINING AMALGAM

 

        Statutory Authority:  RSA 485-A:6, XIII

 

Revision Note:

 

          Document #10346, effective 5-22-13, readopted with amendments and renumbered former  Part Env-Ws 905 titled “Standards for Management of Mercury-Containing Amalgam” under a new subtitle as Part Env-Wq 306.  The redesignation from subtitle Env-Ws to subtitle Env-Wq 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 #10346 replaces all prior filings for rules formerly in Env-Ws 905, which consisted of Document #8362, effective 5-28-05.

 

        Env-Wq 306.01  Purpose.  The purpose of these rules is to implement RSA 485-A:4, XVIII so as to reduce the discharge of mercury-containing amalgam from dental offices into wastewater.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.02  Applicability.

 

        (a)  These rules shall apply to any dental practice where mercury-containing amalgam is applied, altered, maintained, or removed from within the human oral cavity or where mercury-containing amalgam waste is otherwise generated.

 

        (b)  These rules shall not apply to orthodontists, periodontists, oral and maxillofacial surgeons, oral pathologists, and oral and maxillofacial radiologists who do not generate mercury-containing amalgam waste.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.03  Definitions.  For the purposes of this part, the following definitions shall apply:

 

        (a)  “Amalgam separator” means equipment designed to remove amalgam particles from wastewater at a dental practice, so as to reduce the number of amalgam particles and therefore the amount of amalgam entering the sewer system or subsurface sewage disposal system;

 

        (b)  “Dental practice” means a business established for the purpose of practicing dentistry, as defined by RSA 317-A:20;

 

        (c)  “Department” means the department of environmental services;

 

        (d)  “Hazardous waste rules” means Env-Hw 100-1100; and

 

        (e)  “Owner of the practice” means the individual, partnership, corporation, or association who owns the dental practice.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.04  Amalgam Separator.

 

        (a)  Before any dental practice discharges wastewater containing mercury-containing amalgam residues into a sewer system or to a subsurface disposal system, the owner of the practice shall ensure that such wastewaters are treated by an amalgam separator that:

 

(1)  Subject to (d), below, is certified by the manufacturer as meeting International Organization for Standardization (ISO) 11143:2008(E) standards; and

 

(2)  Is designed and constructed for the expected volume and flow rate of discharge from the dental practice it serves.

 

        (b)  The owner of the practice shall ensure that the amalgam separator is installed, operated, and maintained at the dental practice in accordance with the manufacturer’s requirements.

 

        (c)  Waste amalgam collected by an amalgam separator or by any other filter, trap, or other method shall be managed as hazardous wastes in accordance with the hazardous waste rules.

 

        (d)  A dental practice that was in operation prior to the 2013 effective date of this part that uses an amalgam separator installed pursuant to Env-Ws 905 which meets the ISO 11143:1999(E) standards may continue to use that separator until such time as the separator is replaced, at which time a separator that meets the 2008 standard shall be installed.  For purposes of this paragraph, replacement of a collection container or other part, such as a filter, that is considered routine maintenance shall not require replacement of the entire system.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.05  Certification.

 

        (a)  The owner of the practice who installs or arranges for the installation of an amalgam separator at a dental practice shall certify in writing to the department that an amalgam separator has been properly installed in accordance with this part.

 

        (b)  The certification required by (a), above, shall be provided to the department within 30 days of completion of installation.

 

        (c)  The certification shall:

 

(1)  Identify the manufacturer and model of amalgam separator installed;

 

(2)  Include a written description, which may be a sketch, of the location of the amalgam separator;

 

(3)  Identify the owner of the practice and the street address of the dental practice at which the amalgam separator was installed; and

 

(4)  Identify the maximum flow rate the amalgam separator is designed to treat.

 

        (d)  The certification shall be signed by:

 

(1)  A duly-authorized corporate officer, if the dental practice is a corporation;

 

(2)  One of the general partners, if the dental practice is a partnership;

 

(3)  The sole proprietor, if the dental practice is a sole proprietorship; or

 

(4)  A duly-authorized officer of the association, if the dental practice is a professional association.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.06  Waivers.

 

        (a)  The purpose of this section is to accommodate situations where strict compliance with all rules in this part might not be the best outcome in light of the particular circumstances of a specific situation.

 

        (b)  Any owner of the practice who wishes to request a waiver of:

 

(1)  Specific rules in this part shall do so in accordance with (c) and (d), below; or

 

(2)  The hazardous waste rules shall do so in accordance with Env-Hw 202.

 

        (c)  A request for a waiver shall be submitted to the department in writing.

 

        (d)  A request for a waiver of specific rules in this part shall include the following information:

 

(1)  A specific reference to the section of the rule for which a waiver is being sought;

 

(2)  A full explanation of why a waiver is necessary;

 

(3)  Detailed information showing how the granting of the waiver is consistent with this part; and

 

(4)  A technical analysis demonstrating how any proposed alternate technology, device, or technique provides equivalent or better removal of amalgam waste than strict compliance with this part.

 

        (d)  If the request for a waiver is incomplete or provides insufficient information to allow the department to make a decision, the department shall ask for additional information to be provided.  The owner of the practice requesting a waiver shall supply the additional information within 30 days of request by the department.

 

        (e)  The department shall grant a waiver if:

 

(1)  The proposed alternative technology, device, or technique is adequate to ensure that the purpose of these rules is met and the result provides equivalent or better removal of amalgam waste than strict compliance with this part;

 

(2)  The amount of amalgam waste generated annually by the practice contains no more than 0.5 grams of mercury; or

 

(3)  Through the use of evaporation devices or other technologies, the owner of the practice demonstrates that:

 

a.  There is no wastewater discharge from any dental chair station; and

 

b.  There is no connection from any dental chair station or plumbing fixture that might discharge amalgam waste to a sanitary sewer or subsurface sewage disposal system.

 

        (f)  A waiver granted under this section shall apply solely to the rule in this part that is waived, and shall not excuse compliance by the alternative technology, device, or technique with any other applicable federal, state, or local requirements.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 

        Env-Wq 306.07  Compliance Period.  No wastewater shall be discharged from any dental practice unless:

 

        (a)  An amalgam separator has been installed and is operating as per Env-Wq 306.04; or

 

        (b)  A waiver has been obtained in accordance with Env-Wq 306.06.

 

Source.  (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13

 


Appendix A

 

Rule Section(s)

State Statute(s) Implemented

Env-Wq 301 (also see specific sections listed below)

RSA 485-A:8; RSA 485-A:13, I(a)

Env-Wq 301.06

RSA 485-A:4, XVII

Env-Wq 301.10

RSA 541-A:30

 

 

Env-Wq 304 (also see specific sections below)

RSA 485-A:5-a; RSA 485-A:7-a; RSA 485-A:7-b; RSA 485-A:7-c; RSA 485-A:7-d; RSA 486:9

Env-Wq 304.07 – Env-Wq 304.09

RSA 486:9

Env-Wq 304.10 – Env-Wq 304.13

RSA 485-A:7-a, I & II

Env-Wq 304.14

RSA 485-A:7-a, III; RSA 485-A:7-b

Env-Wq 304.16

RSA 485-A:7-c, I

Env-Wq 304.17– Env-Wq 304.20

RSA 485-A:7-c, II

Env-Wq 304.21

RSA 485-A:7-c, III

Env-Wq 304.22

RSA 485-A:7-d

 

 

Env-Wq 305 (see also specific sections listed below)

RSA 485-A:4, XV; RSA 485-A:5

Env-Wq 305.09

RSA 541-A:22, IV

Env-Wq 305.10

RSA 485-A:4, VI, IX-a, IX-b, IX-c

Env-Wq 305.11

RSA 485-A:45-54

Env-Wq 305.12 - Env-Wq 305.16

RSA 485-A:4, VI, IX-a, IX-b, IX-c

Env-Wq 305.17

RSA 485-A:4, IX-c

 

 

Env-Wq 306 (see also specific section listed below)

RSA 485-A:4, XVIII

Env-Wq 306.06

RSA 541-A:22, IV

 

 

Appendix B - Statutory Definitions

 

RSA 125-N:2

 

  VIII.  “Medical/infectious waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.

 

RSA 482-A:2

 

   X.  “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

 

RSA 485-A:2

   I-a. “Certificate” means a certificate of competency issued by the department stating that the operator has met the particular requirements established by the department for certification at each level of operation.

   I-b. “Certification committee” means those persons designated by the commissioner, and those persons elected by the New Hampshire Water Pollution Control Association to serve as the review committee for certification of wastewater treatment plant operators.

   VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

   VII-a. “Operator” means:

(a)  The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility;

(b)  The individual normally responsible for the operations shift; or

(c)  Individuals who perform important operating functions.

   VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

   IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

   IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

   X.  “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

  XI-a.  “Sludge” means the solid or semisolid 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.

   XIV.  “Surface waters of the state” means 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.

  XVI. “Waste” means industrial waste and other wastes.

   XVI-a.  “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

   XVII.  “Bypass” means the intentional diversion of waste streams from any portion of the wastewater facilities.

   XVIII. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee.

   XIX.  “Wastewater facilities” means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.


Appendix C:  Statutory Provisions Cited

 

RSA 485-A:5-a Operator Certification Required. – The department shall certify operators of wastewater treatment plants. Wastewater treatment plants shall be operated only by certified operators.

 

RSA 485-A:6 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, after public hearing, relative to:

          XI. The minimum qualifications for and certification of operators of pollution control facilities.
          XI-b. Certification of operators of wastewater treatment plants and revocation and suspension of such certificates as provided in RSA 485-A:7-d.

 

RSA 485-A:7-a  Application; Special Fund. –

          I. Any operator of a wastewater treatment plant seeking certification or to increase his level of certification shall file an application with the certification committee at least 6 weeks prior to the next examination date on a form provided by the department.

          II. All applications shall be accompanied by a $50 fee to cover department expenses for conducting the certification program. All fees shall be deposited with the state treasurer and deposited in a special nonlapsing wastewater plant operator certification fund to be used by the department for the administration of this subdivision and for the operation of the department-owned Wastewater Plant Operator Training Center.

          III. Any applicant failing the examination shall be allowed one retest at the same certification level at no additional cost to the applicant.

 

RSA 485-A:7-b  Examinations. – The department shall prepare written examinations to determine the knowledge, ability, and judgment of operators. Such examinations shall be administered in accordance with rules adopted by the department pursuant to RSA 485-A:6.

 

RSA 485-A:7-c  Issuance of Certificates. –

          I. Upon satisfactory completion by an applicant of the established requirements, the department shall issue to the applicant a suitable certificate designating the applicant's competency. The certificate shall indicate the level of operation for which the operator is qualified. The certificate shall remain in effect for 2 years from the date of issuance.

          II. Certificates shall be renewed biennially and shall be accompanied by a $50 renewal fee, which shall be deposited pursuant to RSA 485-A:7-a, II. If the renewal fee is not submitted within 90 days of the certificate's expiration date, the certified individual's name shall be removed from the current status and the certificate 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 late.

          III. Certificates may be issued, upon payment of the $50 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the committee, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision. The fee shall be deposited pursuant to RSA 485-A:7-a, II.

 

RSA 485-A:7-d  Revocation. – The department may suspend or revoke the certificate of an operator under rules adopted pursuant to RSA 485-A:6.

 

RSA 486:9 Operator Certification. The operators of pollution control facilities shall be certified as to their qualifications and ability to operate said facilities in accordance with rules adopted by the commissioner under RSA 541-A.

 

RSA 486:10 Rulemaking. – The commissioner may adopt rules under RSA 541-A relative to treatment of wastes by or from industrial and nonindustrial recipients of waste treatment services to establish:

          III. Certification criteria for pollution control facilities operators.

 

RSA 641:3  Unsworn Falsification. – A person is guilty of a misdemeanor if:

          I.  He or she makes a written or electronic false statement which he or she does not believe to be true, on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or

          II. With a purpose to deceive a public servant in the performance of his or her official function, he or she:

                  (a)  Makes any written or electronic false statement which he or she does not believe to be true; or

                  (b)  Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or

                  (c)  Submits or invites reliance on any writing which he or she knows to be lacking in authenticity; or

                  (d)  Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.

          III.  No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.

 


Appendix D: Host POTW Acknowledgement Form

 

NHDES_3 color                   HOST POTW ACKNOWLEDGEMENT

                                         Industrial Waste Indirect Discharge Request (IDR)

 

Instructions:

 

1.       Satellite Municipality shall provide IDR copy to Host POTW concurrent with submission to

          NH DES.

2.       Host POTW to provide this form within 10 days of receipt of IDR form from Satellite Municipality.

3.       IDR will not be approved by NH DES until this completed form is received.

 

          Please provide the following information:

 

                  Host POTW                                                                                                

 

                  Satellite Municipality                                                                                  

 

                  IDR

                          Industry                                                                                              

                          Date                                                                                                   

                          Other                                                                                                  

 

                  Date of IDR Receipt by Host POTW                                                          

 

                  Please put “X” in one block:

 

                                  No Comment 

 

                                  Comments          (See below and/or attachments)

 

                                                                                                                                             

                                                                                                                                             

                                                                                                                                             

 

l Signature - Host POTW:

 

 

By                                                            Title                                                 Date                                                                

 

 

Send to :    Industrial Pretreatment Supervisor

                  NH DES Water Division

                  PO Box 95

                  Concord, NH 03302-0095          05-28-13