Section Env-Hw 502.01 - Hazardous Waste Determination(a) All generators of waste shall determine if that waste is a hazardous waste as set forth in Env-Hw 401.01 using the following steps:(1) The generator shall determine whether the waste is exempt from regulation under Env-Hw 401.03;(2) The generator shall determine if the waste is listed as a hazardous waste in Env-Hw 402; and(3) To comply with Env-Hw 1200, or if the waste is not listed in Env-Hw 402, the generator shall determine whether the waste is a characteristic hazardous waste identified in Env-Hw 403 or is a hazardous waste mixture or other material regulated under Env-Hw 401.01 or Env-Hw 404, by either:a. Testing the waste according to the hazardous waste determination methods set forth in Env-Hw 401.04 and Env-Hw 403; orb. Applying knowledge of the hazardous nature or characteristics of the waste based on the materials or processes used to generate the waste.(b) If a determination is made in accordance with (a)(3)b., above, the generator shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.(c) The generator shall maintain documentation of waste determinations as specified in Env-Hw 512.01.N.H. Admin. Code § Env-Hw 502.01
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12347, Effective 8/14/2017, Expires 8/14/2027.