N.H. Code Admin. R. Env-Hw 609.01

Current through Register No. 25, June 20, 2024

Section Env-Hw 609.01 - Registration Process

(a) An applicant for a transporter registration shall provide the following information on a "Hazardous Waste Transporter Annual Registration Form" obtained from the department:

(1) The name, mailing address, and telephone number of the transporter;

(2) The name, title, and, if available, email address of the contact person;

(3) The transporter's US DOT motor carrier census number or the interstate commerce commission number, and the transporter's EPA identification number;

(4) Subject to (b), below, the transporter's U.S. Research and Special Programs Administration "(RSPA)" registration number, if applicable; and

(5) A statement signed by the transporter certifying, as specified in Env-Hw 207, that the transporter:

a. Complies with the financial responsibility requirements of 49 CFR 387.9; and

b. Has not demonstrated cause for suspension, revocation, refusal to renew, or denial of registration as specified in Env-Hw 610.02 or 610.03, as applicable.

(b) In lieu of (a)(4), above, a transporter may provide the hazardous materials registration number as assigned by the Pipelines and Hazardous Materials Safety Administration of the US DOT.

(c) A transporter seeking to renew a transporter registration shall submit the application on or before May 15 of the year for which registration is sought.

(d) If a registration application is incomplete, the department shall return the application to the applicant and notify the applicant in writing of each deficiency.

(e) Except as provided in Env-Hw 609.05, the department shall issue a transporter registration or a registration confirmation letter if a transporter has met the requirements of (a) through (c), above.

(f) A transporter shall provide, upon request of the department, the following:

(1) The name, address, EPA identification number, and phone number of the transporter's principal place of business and any regional offices, if applicable;

(2) The names, addresses, titles, and dates of birth of all corporate officers and all stockholders owning greater than 10% of the transporter's outstanding shares or debt equity;

(3) The names of all individuals or business firms that contract to perform part or all of the transportation of hazardous waste under the transporter's registration;

(4) For all transportation services provided to New Hampshire customers in any requested time period in the previous 3 years, a summary report on a searchable electronic document or other machine readable file that includes, but is not limited to, the following information for each shipment of hazardous waste regulated under the hazardous waste rules:

a. Generator name, site address, city, zip code, and EPA identification number, if applicable, regardless of generator classification;

b. Manifest tracking number;

c. Each transporter EPA identification number and state identification number;

d. Designated facility EPA identification number, site address, city, state, zip code;

e. For each waste stream, number and type of containers, total quantity, unit of measure, all applicable EPA and NH hazardous waste numbers, and management method code;

f. Generator certification date, transporter signature date, continuing transporter signature date as applicable, and designated facility signature date;

g. Special handling instructions; and

h. Discrepancy indication.

(5) A description of the transporter's introductory and continuing personnel training programs as required by 49 CFR 172 Subpart H;

(6) A contingency plan and emergency procedures plan as required by Env-Hw 603.05;

(7) A copy of the certificate of insurance or other proof of financial responsibility as required by (a)(5), above;

(8) A list of currently valid hazardous waste transporter permits or registrations from other states, including the state, expiration date, and the years held;

(9) Copies of any letters of commendation received by the transporter;

(10) A list of any other names under which the company has been known or done business within the past 5 years;

(11) Copies of any notices of violation, administrative orders, notices of suspension or denial, and civil or criminal actions completed or pending from or before state or federal agencies;

(12) A list of any pending suits, including any civil suits in which the company is presently involved as a plaintiff or defendant;

(13) A list of any environmental permits held by the transporter that have been revoked or suspended;

(14) Information regarding any convictions or pleas of guilty or no contest to a felony committed by the transporter or, in the case of a corporation or business entity, of any of its officers, directors, partners, or persons or business entities holding 10 percent or more of its equity or debt liability who has pled guilty or no contest to a felony in any state or federal court during the 5 years before the date of the registration by the transporter; and

(15) A signed statement certifying, as specified in Env-Hw 207, the information provided in (1) through (14).

N.H. Code Admin. R. Env-Hw 609.01

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12348, Effective 8/14/2017, Expires 8/14/2027.

Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029 (See Revision Note #2 at chapter heading for Env-Hw 600).