Section Env-Hw 706.02 - Discharge Cleanup(a) The owner and operator shall immediately contain and cleanup, within 24 hours, any discharge of hazardous waste or material that, when discharged, becomes a hazardous waste.(b) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours of the occurrence, the owner or operator shall submit within 5 days of the discharge a cleanup plan to the department for approval prior to implementation, except as provided in (f), below.(c) The cleanup plan shall: (1) Provide for the protection of human health and the environment;(2) Provide for the removal and proper disposal of the contamination source;(3) Provide for confirmatory analysis of the potentially affected media, for example, soil, groundwater, or surface water, to demonstrate the cleanup is successful; and(4) Include a time table for completion.(d) The department shall review the proposed cleanup plan and approve it if the department determines that the plan meets the criteria set forth in (c), above.(e) The owner and operator shall implement the cleanup plan as approved by the department pursuant to (d), above.(f) To minimize contamination, reduce risk of exposure, or promote more timely response actions, the owner or operator may begin discharge response actions before the cleanup plan is submitted to or approved by the department, provided the owner or operator:(1) Incorporates the self-initiated response measures into the report submitted to the department pursuant to (g), below; and(2) Complies with all other applicable local, state, and federal requirements.(g) Within 30 days of completion of the cleanup, the owner or operator shall submit a report to the department detailing the actions taken.(h) If the complete cleanup cannot be accomplished in accordance with (b) through (g), above, the owner or operator shall submit a scope of work proposal for site investigations pursuant to Env-Or 600 to evaluate the potential impacts of the release on soil and groundwater.N.H. Code Admin. R. Env-Hw 706.02
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12349, Effective 8/14/2017, Expires 8/14/2027.