Section Env-Hw 904.14 - Fines Relating to Recycling of Hazardous Wastes(a) For failing to meet the notification requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)a., the proposed fine shall be $2,000.(b) For failing to meet the manifest requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)b., the proposed fine shall be $1,750 per shipment received.(c) For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 807.06(b)(1), the proposed fine shall be between $50 and $1,000 per container or tank, based on the volume of each container or tank.(d) For failing to label a container or tank of used oil with the words "Used Oil for Recycle" in violation of Env-Hw 807.06(b)(2), the proposed fine shall be between $25 and $250 based on the volume of the container or tank.(e) For failing to close a container or tank of used oil in violation of Env-Hw 807.06(b)(3), the proposed fine shall be between $50 and $500 based on the volume of the container or tank.(f) For failing to maintain and operate tanks or containers of used oil to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters in violation of Env-Hw 807.06(b)(4), the proposed fine shall be $2,000 per violation resulting in a release of used oil, and $1,000 for violations not resulting in a release of used oil.(g) For failing to conduct an initial used oil determination in violation of Env-Hw 807.06(b)(5), the proposed fine shall be $1,750 per determination not made.(h) For failing to analyze used oil in accordance with Env-Hw 807.06(b)(6), the proposed fine shall be $1,000 per analysis not conducted.(i) For mixing used oil with any other hazardous waste in violation of Env-Hw 807.06(b)(8), the proposed fine shall be $2,000 per violation.(j) For delivering used oil to a facility not authorized to accept it in violation of Env-Hw 807.06(b)(9), the proposed fine shall be $2,000 per load delivered.(k) For transporting used oil without using a duly registered hazardous waste transporter or without using a 3-copy bill of lading in violation of Env-Hw 807.06(b)(10), the proposed fine for each requirement not satisfied shall be $2,000 per shipment.(l) For failing to include on a bill of lading the information required by Env-Hw 807.06(b)(11)a.- f., the proposed fine shall be $250 for each requirement not satisfied.(m) For failing to use a bill of lading or manifest when transporting used oil in violation of Env-Hw 807.07(c), the proposed fine shall be $2,000 per load transported.(n) For failing to notify the department of used oil marketing activities in violation of Env-Hw 807.09(b)(1), the proposed fine shall be $1,000.(o) For failing to notify the department of used oil burning activities in violation of Env-Hw 807.10(b)(1), the proposed fine shall be $1,000.(p) For failing to keep the records identified in Env-Hw 807.10(b)(9) for the period specified, the proposed fine shall be $250 per record.(q) For failing to store spent lead-acid batteries destined for reclamation in a manner designed to ensure that battery housings do not break or leak acid onto the soil or into any groundwaters or surface waters in violation of Env-Hw 809.02, the proposed fine shall be $250 per storage area.N.H. Admin. Code § Env-Hw 904.14
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).