N.H. Admin. Code § Env-Sw 903.05

Current through Register No. 37, September 12, 2024

Section Env-Sw 903.05 - Reuse Requirements and Limitations

(a) Contaminated soils, if reused for purposes other than those provided in (b) below, shall not be distributed and used except in accordance with certification pursuant to Env-Sw 1500, subject to the following limitations:

(1) The concentration of contaminants in the soil shall not exceed the soil remediation standards specified in Env-Or 606.19;

(2) Notwithstanding Env-Or 606.19, the concentration of total petroleum hydrocarbons in the soil shall be less than 100 parts per million;

(3) The soil shall not be distributed or used in any:

a.Residential applications;

b.Playground applications;

c.Application within a 100-year floodplain or wetland;

d.Application to land used for the production of crops for direct human consumption;

e.Application within a recharge area of any sole source drinking water supply; or

f.Application within 100 feet from any surface water; and

(4) A person who distributes contaminated soil shall:

a.Comply with the testing and reporting requirements of Env-Sw 903.07; and

b.Maintain a record of all locations to which contaminated soil has been distributed and produce such records for inspection by the department upon request.

(b) Contaminated soil may be used as daily landfill cover at facilities permitted to dispose of the contaminated soil, provided that:

(1) The material shall meet the requirements for alternative daily cover specified in Env-Sw 806.03; and

(2) The material shall not be stored or otherwise placed outside the active footprint of the facility.

N.H. Admin. Code § Env-Sw 903.05

#5172, eff 7-1-91, EXPIRED: 7-1-97

New. #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900) ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.05)

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10598, Effective 7/1/2014, Expires7/1/2024.