The solid waste rules shall not apply to the following wastes and materials:
- (a) Hazardous waste as defined in RSA 147-A:2, VII including a solid waste which the generator formally declares in accordance with Env-Hw 502.01 to be a hazardous waste and which is subsequently managed as a hazardous waste pursuant to the requirements of RSA 147-A;
- (b) Solid or dissolved materials in irrigation return flows;
- (c) Cut or uprooted stumps buried on-site with local approval, if required, provided that such burial locations are not located within 75 feet of any drinking water supply;
- (d) Municipal and industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended;
- (e) Radioactive materials as defined and regulated by the New Hampshire rules for the control of radiation, He-P 4000;
- (f) Septage as defined in RSA 485-A:2, IX-a;
- (g) Sludge as defined in RSA 485-A:2, XI-a, namely “the solid or semi-solid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M”;
- (h) Yard waste;
- (i) Bodies of deceased persons; and
- (j) Waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500 and actively managed.
Source. (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)