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
(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
(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
(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
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,
(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
(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 |
|
|
2 |
High School Graduate or HSE Certificate plus 2 years |
|
|
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
(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
(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,
(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
(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
(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
(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
(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
(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,
(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
(4) As specified in RSA 485-A:7-c,
(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
(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, |
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
(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, |
|
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, |
|
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
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.
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:
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.
Appendix D: Host POTW Acknowledgement Form
Industrial Waste Indirect Discharge
Request (
Instructions:
1.
NH
2. Host POTW to provide this form within 10
days of receipt of
3.
Please provide the following
information:
Host POTW
IDR
Industry
Date
Other
Date of
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