Section Env-Hw 608.02 - Discharge Cleanup(a) A transporter shall immediately contain and clean up, within 24 hours, any discharge of hazardous waste or material that when discharged becomes a hazardous waste, if that discharge occurs while the hazardous waste or material is under the control of the transporter.(b) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours, the transporter shall submit within 5 days of the discharge a cleanup plan to the department for approval prior to implementation, except as provided in (e), below.(c) The cleanup plan shall: (1) Provide for the protection of human health and the environment;(2) Provide for the removal and proper disposal of the contamination source;(3) Provide for confirmatory analysis of the potentially affected media, for example, soil, groundwater, or surface water, to demonstrate the cleanup is successful; and(4) Include a time table for completion.(d) The department shall review the proposed cleanup plan and approve it if it determines that the cleanup plan meets the criteria set forth in (c), above.(e) The transporter shall implement the cleanup plan as approved by the department pursuant to (d), above.(f) To minimize contamination, reduce risk of exposure, and promote more timely response actions, the transporter may begin discharge response actions before the cleanup plan is submitted to or approved by the department, provided the transporter: (1) Incorporates the self-initiated response measures into the report submitted to the department pursuant to (g), below; and(2) Complies with all other applicable local, state, and federal requirements.(g) Within 30 days of completion of the cleanup, the transporter shall submit a report to the department detailing the actions taken.(h) If the complete cleanup cannot be accomplished in accordance with (b) through (g), above, the transporter shall submit a scope of work proposal for a site investigation pursuant to Env-Or 600 to evaluate the potential impacts of the release on soil and groundwater.N.H. Admin. Code § Env-Hw 608.02
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12348, Effective 8/14/2017, Expires 8/14/2027.