Section Env-Sw 1005.09 - Incident Reporting(a) The permittee shall report to the department all incidents or situations at the facility which involve an imminent and substantial risk to human health, safety, or the environment or which constitute a violation of the solid waste rules or the facility permit.(b) Reports pursuant to (a) above shall be verbally made to the department by the permittee as soon as practicable.(c) The permittee shall submit a written report pursuant to (a) above within 5 working days of the time the permittee becomes aware of the incident or situation and include the following information:(1) Facility name, location by street and municipality, and permit number;(2) Permittee name, mailing address, and telephone number;(3) Identification of all persons involved in the incident or situation, including name, title, and affiliation;(4) A description of the incident or situation, including: a. The date and time the incident or situation occurred;b. The quantity and types of wastes and material(s) involved in the incident or situation and in the clean-up activities;c. Measures employed to contain releases caused by the incident or situation; andd. An assessment of actual or potential hazards to the environment, safety, and human health related to the incident; and(5) Measures the permittee has or intends to apply to reduce, eliminate, and prevent a recurrence of the incident or situation.(d) The permittee shall report to the department, in writing, complaints made by abutters or other third parties which involve operating conditions or practices having the potential to adversely effect human health, safety, or the environment or which involve a recurring or persistent nuisance situation such as noise, litter, odor, dust, or vectors.(e) The written report pursuant to (d) above shall be made as soon as practicable and include the following information:(1) Facility name, location by street, and municipality, and permit number;(2) Permittee name, mailing address, and telephone number;(3) Name, mailing address and, if available, telephone number of the complainant;(4) The nature of the complaint, date(s) of receipt by the permittee, and a complete description of the circumstances or situation giving rise to the complaint;(5) A description of the permittee's response action(s); and(6) Such other information as required by (c) above if the circumstances or situation giving rise to the complaint require reporting under (c) above.(f) The rules in (a) and (d) above shall not be construed to mean a report is required on each day that an incident persists if the likelihood of its persistence is disclosed to the department in the initial report and the permittee is taking action to remedy the problem.N.H. Admin. Code § Env-Sw 1005.09
#6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000) ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.09 )
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10598, Effective 7/1/2014, Expires7/1/2024.Amended by Number 10, Filed March 7, 2024, Proposed by #13864, Effective 2/6/2024, Expires 2/6/2034.