Section Env-Hw 904.04 - Fines Relating to Generator Accumulation of Hazardous Waste(a) For using hazardous waste storage practices that pose a hazard to human health or the environment in violation of Env-Hw 506.01, the proposed fine shall be $2,000 per violation.(b) For failing to comply with Env-Hw 506.02(a) relative to soil or groundwater contamination, the proposed fine shall be $2,000 per violation.(c) For failing to comply with Env-Hw 506.02(b) relative to disposal of hazardous waste or disposal of decontaminating equipment, structures, soils, or any combination thereof due to closure or cessation of operation of the generating facility, the proposed fine shall be $2,000 per violation.(d) For failing to continue to appropriately manage hazardous waste after ceasing operations in violation of Env-Hw 506.03, the proposed fine shall be $2,000 per violation.(e) For failing to accumulate hazardous waste in containers or tanks in violation of Env-Hw 507.01(a), the proposed fine shall be $2,000.(f) For accumulating hazardous waste in a container or tank that does not meet the requirements of Env-Hw 507.02(a), the proposed fine for each requirement not satisfied shall be between $100 and $1,000 based on the volume of the container or tank.(g) For failing to maintain a minimum of 2 feet of aisle space for inspection of at least one side of each hazardous waste container in violation of Env-Hw 507.02(b)(1), the proposed fine shall be $100 per container.(h) For failing to position each container so that its hazardous waste label or marking is not hidden by walls or other containers in violation of Env-Hw 507.02(b)(2), the proposed fine shall be $100 per container.(i) For storing hazardous waste containers on surfaces that are not impervious in violation of Env-Hw 507.02(c), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.(j) For storing hazardous waste containers in an area with a functional floor drain or manhole or in or near a sink with a functional drain present without secondary containment capable of containing the volume of the largest capacity hazardous waste container present in violation of Env-Hw 507.02(d), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.(k) For storing hazardous waste containers outside without being covered to prevent precipitation from coming in contact with the top of the containers in violation of Env-Hw 507.02(f)(1), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.(l) For storing hazardous waste containers outside without being closed at all times unless actively adding or removing wastes in violation of Env-Hw 507.02(f)(2), the proposed fine shall be between $250 and $2,000 per container based on the volume of each container.(m) For failing to provide adequate secondary containment for hazardous waste containers stored outside in violation of Env-Hw 507.02(f)(3)a., the proposed fine shall be $1,000 per storage area.(n) For failing to keep secondary containment covered for hazardous waste containers stored outside in violation of Env-Hw 507.02(f)(3)b., the proposed fine shall be $500 per secondary containment structure.(o) For outside storage of hazardous waste containers within any of the setbacks in Env-Hw 507.02(f)(4), the proposed fine shall be between $250 and $2,000 per container based on the volume of each container.(p) For failing to ship hazardous waste off-site within 90 days of the start date of accumulation without obtaining a storage permit to accumulate hazardous waste that is generated on-site in violation of Env-Hw 508.01, Env-Hw 509.01(a), and the condition set out in Env-Hw 507.03(a), the proposed fine shall be between $50 and $500 per container or tank, based on the volume of each container or tank.N.H. Code Admin. R. Env-Hw 904.04
Derived from Number 45, Filed November 9, 2023, Proposed by #13784, Effective 10/21/2023, Expires 10/21/2033 (see Revision Note #2 at chapter heading for Env-Hw 900).