1. (a) Except as specified in Env-Hw 501.02, this chapter shall apply to any person who generates hazardous waste, including:

   1. (1) The owner or operator of any permitted facility that initiates a shipment of hazardous waste or waste residues;
   2. (2) Any person who imports hazardous waste into the United States; and
   3. (3) Any person who generates or accumulates any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any hazardous waste, as identified in Env-Hw 404.
2. (b) A person who generates a hazardous waste shall be subject to all independent requirements listed in Env-Hw 508.01(a) and Env-Hw 509.01(a), as applicable.

3. (c) A generator that accumulates hazardous waste onsite shall be a person who stores hazardous waste and shall be subject to the applicable hazardous waste storage facility requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless it is:

   1. (1) A very small quantity generator that meets the conditions for exemption in Env-Hw 508.01(b); or
   2. (2) A small or large quantity generator that meets the conditions for exemption in Env-Hw 509.01(b).
4. (d) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility or not otherwise authorized to receive the generator’s hazardous waste.

5. (e) Any person who exports or imports hazardous waste shall:

   1. (1) Notify the department as required in Env-Hw 504; and
   2. (2) Comply with Env-Hw 510.06.

6. (f) Enforcement of this chapter shall be as specified in 40 CFR 262.10(g), amended as follows:

   1. (1) Add after each instance of “section 3008 of RCRA” the following words: “, RSA 147-A:13, RSA 147-A:14, RSA 147-A:16, RSA 147-A:16-a, RSA 147-A:16-b, RSA 147-A:17, RSA 147-A:17-a, and Env-Hw 900;
   2. (2) Replace “40 CFR part 262” with “Env-Hw 500”; and
   3. (3) Replace “40 CFR parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA” with “Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300”.

7. (g) A healthcare facility that is a small or large quantity generator based on the total amount of 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 manage:

   1. (1) Its hazardous waste pharmaceuticals in accordance with Env-Hw 1300 in lieu of this chapter; and
   2. (2) Its hazardous waste that is not pharmaceutical hazardous waste, if any, in accordance with this chapter.

8. (h) A healthcare facility that is a very 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 be subject to the sewer prohibition of 40 CFR 266.505, as amended by Env-Hw 1302.02(f), and the empty container provisions of 40 CFR 266.507, as amended by Env-Hw 1302.02(h), and shall manage its hazardous waste pharmaceuticals in compliance with either:

   1. (1) The provisions of 40 CFR 266.501(d), as amended by Env-Hw 1302.02(b)(2); or
   2. (2) The provisions of this chapter, as applicable and subject to (i), below.
9. (i) A healthcare facility that is a very small quantity generator and chooses to manage its hazardous waste pharmaceuticals under (h)(2), above, may comply with the optional provisions of 40 CFR 266.504, as amended by Env-Hw 1302.02(e).
10. (j) Except as otherwise specified in Env-Hw 1400, this chapter shall not apply to the management of used oil by a used oil handler subject to Env-Hw 1400.
11. (k) With respect to household hazardous waste collected or accumulated at a household hazardous waste collection project, as specified in Env-Hw 401.03(b)(2), or by curbside collection, the owner, operator, or person so designated in a contractual agreement shall be the generator. Unacceptable wastes shall either be returned to the household that generated them or held by the operator until the generating household can make alternative disposal arrangements.

Source. #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; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35