N.H. Code Admin. R. Env-Hw 610.02

Current through Register No. 25, June 20, 2024

Section Env-Hw 610.02 - Registrant Integrity and Competence

The department shall suspend, revoke, or refuse to renew a transporter registration if the registrant does not have sufficient reliability, expertise, integrity, and competence to transport hazardous waste, as demonstrated by any of the following:

(a) The registrant transported hazardous waste without possessing a transporter registration that was current and in good standing;

(b) The registrant fails to demonstrate compliance with the financial responsibility requirements of 49 CFR 387.9;

(c) Issuance of the registration was based on material false or misleading information;

(d) The registrant's activities covered by the registration present an immediate and substantial threat to human health or the environment;

(e) The registrant failed to comply with an order issued by the department or by any state relative to hazardous waste transportation, including an order to undertake corrective measures, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(f) The registrant failed to comply with an order issued by the department or by any state relative to a violation of any other statute administered by the department or by any state, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(g) The registrant owes any administrative fines to the department or to any state, unless the fines are being paid in accordance with a payment schedule and the registrant is current with all payments;

(h) The registrant owes any fees to the department or to any state, unless the fees are being paid in accordance with a payment schedule and the registrant is current with all payments;

(i) The registrant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the penalties are being paid in accordance with a payment schedule and the registrant is current with all payments;

(j) The registrant failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statue or rule implemented by the department or by any state, unless the registrant is complying in accordance with a compliance schedule and is current with all items; or

(k) Within 5 years of the renewal registration application date, the registrant has been the subject of 2 or more administrative or civil enforcement actions or one criminal enforcement action, that have not been overturned on appeal, for any violation of:

(1) Any registration or permit issued by the department or by any state; or

(2) Any statute or rule implemented by the department or by any state.

N.H. Code Admin. R. Env-Hw 610.02

#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; ss 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.