Section Env-Hw 511.01 - Delivery(a) A generator shall not deliver or offer hazardous waste to: (1) A facility that has not obtained an EPA identification number; or(2) A transporter that does not possess an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.(b) Except as provided in (f) and (g), below, a generator shall deliver hazardous waste only to a facility authorized under the destination state's rules to handle the hazardous waste.(c) Except as provided in (f) and (g), below, the generator shall contact the operator of the designated facility, or the transporter if unable to contact the operator, to determine the status of a hazardous waste shipment if: (1) Waste was shipped using a paper manifest and the generator does not receive a copy of the manifest from the operator within 35 days of shipment;(2) Waste was shipped using an electronic manifest that was printed for the generator's signature and either: a. The generator has not received a copy of the manifest from the operator within 35 days of shipment; orb. The generator subsequently accesses the electronic manifest system, and the electronic manifest system indicates that the shipment has not been received by the facility within 35 days of shipment; or(3) Waste was shipped using an electronic manifest and the electronic manifest system indicates that the shipment has not been received by the facility within 35 days of shipment.(d) The generator shall submit an exception report to the department within 45 days of shipment if: (1) The generator does not receive a copy of the manifest with the hand-written signature of the operator of the designated facility; or(2) The electronic manifest system indicates that the shipment has not been received by the facility.(e) Exception reports submitted pursuant to (d), above, shall include: (1) A legible copy of the manifest for which the generator does not have confirmation of delivery; and(2) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.(f) A small quantity generator shall not be required to register as a hazardous waste transporter to transport 55 gallons or less of hazardous waste generated at its site to the following locations, provided the requirements of Env-Hw 601.02(b)(1) through (4) are satisfied:(1) A site that meets the conditions of Env-Hw 501.02(c)(1);(2) A one-day household hazardous waste collection event sponsored by a government entity if: a. A hazardous waste manifest, identifying the small quantity generator as both the generator and the first transporter, accompanies the waste at all times;b. The waste is given directly to a New Hampshire registered hazardous waste transporter during the collection event; andc. Permission is obtained in advance from the government entity sponsoring the collection event; or(3) A facility authorized under the destination state's rules to handle the waste.(g) A healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall not be required to register as a hazardous waste transporter to transport the following:(1) A potentially creditable hazardous waste pharmaceutical to a reverse distributor; and(2) A non-creditable hazardous waste pharmaceutical or a potentially creditable hazardous waste pharmaceutical to:a. A healthcare facility that meets the applicable conditions of 40 CFR 266.502(l), as amended by Env-Hw 1302.02(c)(7) through (c) (9), and 40 CFR 266.503(b), as amended by Env-Hw 1302.02(d), to accept such wastes from an off-site healthcare facility; orb. A site that meets the conditions of Env-Hw 501.02(c)(1)a., provided all conditions of Env-Hw 501.02(c)(1) are satisfied.N.H. Admin. Code § Env-Hw 511.01
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12347, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032