Section Env-Hw 904.07 - Fines Relating to Full Quantity Generator (FQG) Requirements(a) For failing to inspect central accumulation areas in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(a)(1), the proposed fine shall be $350 per inspection per area.(b) For failing to train personnel who handle hazardous waste in violation of Env-Hw 509.02(a)(2), the proposed fine shall be $1,750 per individual not trained for initial training and $1,000 per individual per annual review not provided.(c) For failing to maintain training documents or records at the facility in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(a)(2), referencing 40 CFR 265.16 as reprinted in Appendix D, the proposed fine shall be $500 per document or record not maintained.(d) For failing to comply with the requirements for ignitable, reactive, or incompatible wastes established in Env-Hw 509.02(a)(3), in violation of Env-Hw 509.01(c), the proposed fine shall be $2,000 per requirement not met.(e) For failing to maintain adequate preparedness and prevention measures in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(a)(4), the proposed fine shall be $1,250 per requirement not met per central accumulation area.(f) For failing to maintain an adequate contingency plan in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(a)(5), the proposed fine shall be $2,000.(g) For failing to comply with the tank management standards established in Env-Hw 509.02(a)(7), in violation of Env-Hw 509.01(c), the proposed fine shall be $2,000 per tank per requirement not met.(h) For failing to post emergency response information in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(b), the proposed fine shall be $1,000 per central accumulation area.(i) For failing to provide security measures at outdoor central accumulation areas in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(c), the proposed fine shall be $1,750 per area.(j) For failing to mark hazardous waste containers or tanks with the beginning accumulation date, the words "Hazardous Waste", words that identify the contents of the container or tank, or with the EPA or state waste number in violation of Env-Hw 509.01(c) and the conditions set out in Env-Hw 509.02(d), the proposed fine for each requirement not satisfied per container or tank shall be between $50 and $500 based on the volume of each container or tank. (k) For failing to have a hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for the hours per week specified in Env-Hw 509.04(a), in violation of Env-Hw 509.01(d), the proposed fine shall be $50 for each week without a coordinator for the specified hours per week.(l) For failing to have a hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for the time periods specified in Env-Hw 509.04(b), in violation of Env-Hw 509.01(d), the proposed fine shall be $250 per 30 consecutive days without a coordinator, or $500 per year in which the facility is without a coordinator for more than 45 total working days.(m) For failing to make available to the department upon request documentation to demonstrate that the generator is in compliance with the conditions set out in Env-Hw 509.04(a) or (b), or a combination thereof, in violation of Env-Hw 509.01(d) and the condition set out in Env-Hw 509.04(c), the proposed fine shall be $500 per request not satisfied.N.H. Code Admin. R. Env-Hw 904.07
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).