A facility shall:

1. (a) Be designed and operated to minimize the possibility of any unplanned releases of hazardous waste or constituents;
2. (b) Have diversion structures capable of diverting all surface water run-off and run-on from the active portions of the facility for a 24-hour, 100-year storm;

3. (c) Be located above the 100-year flood level, unless it is an existing facility:

   1. (1) That is designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood; or
   2. (2) Whose operator ensures that all waste can be removed safely before floodwaters can reach the facility to a location where the wastes will not be vulnerable to flood waters; and
4. (d) Be designed so that all surface run-off from active portions of the facility is collected and contained before it is discharged from a point source, and is handled in accordance with the Federal Clean Water Act and New Hampshire RSA 485-A.

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; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17