- (a) For failing to notify the department prior to conducting hazardous waste activities in violation of Env‑Hw 702.01, the proposed fine shall be $2,000.
- (b) For failing to notify the department of changes to notification information in violation of Env‑Hw 702.02(b), the proposed fine shall be $500 per event that caused the information to change.
- (c) For delivering or offering hazardous waste to a facility that has not obtained an EPA identification number in violation of Env-Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.
- (d) For delivering or offering hazardous waste to a transporter that does not possess an EPA identification number or a current and valid New Hampshire hazardous waste transporter registration in violation of Env‑Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.
- (e) For failing to keep a written operating record for the period required by Env-Hw 705.01(e), the proposed fine shall be $750 per record not kept.
- (f) For failing to immediately report a discharge of hazardous waste or material in violation of Env-Hw 706.01(a), the proposed fine shall be $2,000 per discharge.
- (g) For failing to provide security measures at outdoor central accumulation areas in violation of Env‑Hw 708.02(a)(3), the proposed fine shall be $1,750 per area.
- (h) For failing to train personnel who handle hazardous waste in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $1,750 per individual not trained for initial training and $1,000 per individual per annual review not provided.
- (i) For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(1) through (d)(3), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $750 per document or record not maintained.
- (j) For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(4), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $500 per document or record not maintained.
- (k) For failing to post a “No Smoking” sign wherever there is a hazard from ignitable or reactive waste in violation of Env-Hw 708.02(a)(6), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per accumulation area without a “No Smoking” sign.
- (l) For failing to comply with the requirements for ignitable, reactive, or incompatible waste other than those mentioned in (k) above, in violation of Env-Hw 708.02(a)(6), the proposed fine shall be $2,000 per requirement not met.
- (m) For failing to mark hazardous waste containers or tanks with the words “Hazardous Waste”, words that identify the contents, all applicable EPA and NH hazardous waste numbers, an indication of the hazards of the contents, the date upon which each period of accumulation begins, or the date the onsite accumulation limit is reached, as applicable, in violation of Env-Hw 708.02(a)(9), the proposed fine for each requirement not satisfied per container or tank shall be between $25 and $500, based on the volume of each container or tank.
- (n) For failing to post emergency response information in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,000, as calculated pursuant to Table 9.1, per area that lacks the required emergency response information.
- (o) For failing to design, construct, maintain, and operate a facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $2,000 per violation.
- (p) For failing to maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $100 per instance of obstruction.
- (q) For failing to maintain spill control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where spill control equipment was required and not maintained.
- (r) For failing to maintain fire control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where fire control equipment was required and not maintained.
- (s) For failing to maintain an internal communication or alarm system and an external communication system in violation of Env‑Hw 708.02(a)(9), the proposed fine shall be $1,250.
- (t) For failing to comply with the preparedness and prevention requirements other than those specified in (m)-(s) above, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $100 and $1,250 per requirement not met.
- (u) For failing to have at least one employee designated as the emergency coordinator who is either on the facility premises or on call, with the responsibility for coordinating all emergency response measures in violation of Env-Hw 708.02(a)(10), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per facility that did not designate an emergency coordinator.
- (v) For failing to maintain an adequate contingency plan in violation of Env-Hw 708.02(a)(10), the proposed fine shall be $2,000.
- (w) For failing to comply with Env-Hw 708.02(a)(12) relative to closure and post-closure, the proposed fine shall be $2,000 per violation.
- (x) For accumulating hazardous waste in a container that does not meet the requirements of Env‑Hw 708.03(d)(1), the proposed fine for each requirement not satisfied shall be between $100 and $1,000 based on the volume of the container.
- (y) For failing to inspect areas where hazardous waste containers are stored in violation of Env‑Hw 708.03(d)(1), the proposed fine shall be $350 per inspection per area.
- (z) For failing to comply with the special requirements for ignitable or reactive waste or for incompatible wastes in violation of Env-Hw 708.03(d)(1), the proposed fine shall be $2,000 per violation.
- (aa) For failing to conduct daily inspections of hazardous waste tanks in violation of Env‑Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per tank.
- (ab) For failing to comply with the tank management standards other than those specified in (aa) above, in violation of Env-Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per violation.
Source. #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.13); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36