1. (a) For failing to determine the total halogen content of the used oil they are handling in violation of Env-Hw 1405.02(a), the proposed fine shall be $1,500 per determination not made.
2. (b) For failing to maintain a record of analyses conducted or information used to comply with Env-Hw 1405.02(a) and (b) for the period specified in Env-Hw 1405.02(d)(1), the proposed fine shall be $250 per record.
3. (c) For failing to make a new determination of total halogen content of the used oil they are handling any time the used oil has or might have changed in violation of Env-Hw 1405.02(f), the proposed fine shall be $750 per determination not made.
4. (d) For failing to maintain containers and tanks of used oil to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters in violation of Env-Hw 1405.03(c), the proposed fine shall be $2,000 per violation resulting in a release of used oil, and $1,000 for violations not resulting in a release of used oil.
5. (e) For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(1), the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.
6. (f) For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(2) the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.
7. (g) For failing to close a container or tank of used oil in violation of Env-Hw 1405.03(d)(3), the proposed fine shall be between $50 and $500 based on the volume of the container or tank.
8. (h) For failing to label or mark containers, aboveground tanks, or fill pipes used to transfer used oil into underground storage tanks with the words “used oil” in violation of Env-Hw 1405.03(e), the proposed fine shall be between $25 and $250 per container, aboveground tank, or fill pipe based on the volume of each container or tank.
9. (i) For failing to confirm that used oil meets the limits for onsite burning in violation of Env-Hw 1406.04(a)(4), the proposed fine shall be $1,750.
10. (j) For failing to ensure that used oil is transported by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration in violation of Env-Hw 1406.05(a), the proposed fine shall be $2,000 per shipment.
11. (k) For self-transporting used oil to a facility other than a used oil aggregation point, commercial used oil collection center, or a facility authorized under the destination state’s rules to handle the used oil in violation of Env-Hw 1406.05(d)(4), the proposed fine shall be $2,000 per shipment.
12. (l) For failing to maintain a record of each used oil shipment in the form of a log, invoice, manifest, bill of lading, or other shipping document in violation of Env-Hw 1406.06(a), the proposed fine shall be $250 per record.
13. (m) For failing to include on the documentation required in Env-Hw 1406.06(a), the information required by Env-Hw 1406.06(a)(1)-(4), the proposed fine shall be $250 for each requirement not satisfied.
14. (n) For failing to maintain a record of the analytical results required in Env-Hw 1406.04(a)(4) for the period specified in Env-Hw 1406.06(b), the proposed fine shall be $250 per record.
15. (o) For failing to register with the department prior to operating a commercial used oil collection center in violation of Env-Hw 1406.07(a), the proposed fine shall be $1,000.
16. (p) For failing to notify the department prior to operating a used oil transfer facility in violation of Env-Hw 1407.07(b), the proposed fine shall be $1,000.
17. (q) For failing to maintain a record of acceptance or delivery of used oil for the period specified in Env-Hw 1407.08(a), the proposed fine shall be $1,250 per record.
18. (r) For failing to notify the department prior to operating a used oil processing/re-refining facility in violation of Env-Hw 1408.03(b), the proposed fine shall be $1,000.
19. (s) For failing to maintain a contingency plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.05(a), the proposed fine shall be $2,000.
20. (t) For failing to maintain an analysis plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.08(a), the proposed fine shall be $2,000.
21. (u) For failing to keep the records identified in Env-Hw 1408.09(a) for the period specified, the proposed fine shall be $250 per record.
22. (v) For failing to notify the department prior to burning used oil in violation of Env-Hw 1409.05(b), the proposed fine shall be $1,000.
23. (w) For failing to keep the records identified in Env-Hw 1409.08(a) for the period specified, the proposed fine shall be $250 per record.
24. (x) For failing to notify the department prior to marketing used oil fuel in violation of Env-Hw 1410.05(b), the proposed fine shall be $1,000.
25. (y) For failing to keep the records identified in Env-Hw 1410.07(a) for the period specified, the proposed fine shall be $250 per record.

Source. #13784, eff 10-21-23; ss by #14283, eff 8-1-25; ss by #14527, eff 2-28-26, EXPIRES: 2-28-36