(a) The owner of the practice shall maintain:

1. (1) Records of manufacturer-recommended inspection and servicing events; and
2. (2) Shipping manifests of amalgam waste that is collected and shipped as hazardous waste.

(b) The owner of the practice shall:

1. (1) Maintain the records and manifests for a period of not less than 3 years, which period shall be extended throughout the pendency of any enforcement action until such time as the action is final; and

2. (2) Provide copies of the records to the department upon request during an on-site compliance inspection or based on questions raised by the annual certification filed pursuant to Env-Wq 306.06 or by a failure to file the annual certification.

   Source. #13287, eff 12-1-21

   Appendix A

   Rule Section(s)

   State Statute(s) Implemented

   Env-Wq 301 (also see specific sections listed below)

   RSA 485-A:8; RSA 485-A:13, I(a)

   Env-Wq 301.06

   RSA 485-A:4, XVII

   Env-Wq 301.10

   RSA 541-A:30

   Env-Wq 304 (also see specific sections below)

   RSA 485-A:5-a; RSA 485-A:7-a; RSA 485-A:7-b; RSA 485-A:7-c; RSA 485-A:7-d; RSA 486:9

   Env-Wq 304.06 – Env-Wq 304.08

   RSA 486:9

   Env-Wq 304.09 – Env-Wq 304.11

   RSA 485-A:7-a, I & II

   Env-Wq 304.12

   RSA 485-A:7-a, III; RSA 485-A:7-b

   Env-Wq 304.13

   RSA 485-A:7-a, I

   Env-Wq 304.14

   RSA 485-A:7-c, I

   Env-Wq 304.15-Env-Wq 304.18

   RSA 485-A:7-c, II

   Env-Wq 304.19

   RSA 485-A:7-c, III

   Env-Wq 304.20-Env-Wq 304.22

   RSA 485-A:7-d

   Env-Wq 304.23

   RSA 485-A:7-c, II, RSA 485-A:7-d

   Env-Wq 304.24

   RSA 485-A:5-a, RSA 486:9

   Env-Wq 304.25-Env-Wq 304.30

   RSA 486:9

   Env-Wq 304.31

   RSA 485-A:2, I-b

   Env-Wq 304.32

   RSA 541-A:22, IV

   Env-Wq 305 (see also specific sections listed below)

   RSA 485-A:4, XV; RSA 485-A:5

   Env-Wq 305.09

   RSA 541-A:22, IV

   Env-Wq 305.10

   RSA 485-A:4, VI, IX-a, IX-b, IX-c

   Env-Wq 305.11

   RSA 485-A:45-54

   Env-Wq 305.12 - Env-Wq 305.16

   RSA 485-A:4, VI, IX-a, IX-b, IX-c

   Env-Wq 305.17

   RSA 485-A:4, IX-c

   Env-Wq 306 (see also specific section listed below)

   RSA 485-A:4, XVIII

   Env-Wq 306.06

   RSA 541-A:22, IV

   Env-Wq 306.07

   RSA 541-A:22, IV

   Appendix B - Statutory Definitions

   RSA 125-N:2

   VIII. “Medical/infectious waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.

   RSA 482-A:2

   X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

   RSA 485-A:2

   I-a. “Certificate” means a certificate of competency issued by the department stating that the operator has met the particular requirements established by the department for certification at each level of operation.

   I-b. “Certification committee” means those persons designated by the commissioner, and those persons elected by the New Hampshire Water Pollution Control Association to serve as the review committee for certification of wastewater treatment plant operators.

   VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

   VII-a. “Operator” means:

3. (a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility;
4. (b) The individual normally responsible for the operations shift; or

5. (c) Individuals who perform important operating functions.

   VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

   IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

   IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

   X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

   XI-a. “Sludge” means the solid or semisolid 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.

   XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

   XVI. “Waste” means industrial waste and other wastes.

   XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

   XVII. “Bypass” means the intentional diversion of waste streams from any portion of the wastewater facilities.

   XVIII. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee.

   XIX. “Wastewater facilities” means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.

   Appendix C: Statutory Provisions Cited

   RSA 485-A:5-a Operator Certification Required. – The department shall certify operators of wastewater treatment plants. Wastewater treatment plants shall be operated only by certified operators.

   RSA 485-A:6 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, after public hearing, relative to:

   XI. The minimum qualifications for and certification of operators of pollution control facilities.
   XI-b. Certification of operators of wastewater treatment plants and revocation and suspension of such certificates as provided in RSA 485-A:7-d.

   RSA 485-A:7-a Application; Special Fund. –

   I. Any operator of a wastewater treatment plant seeking certification or to increase his level of certification shall file an application with the certification committee at least 6 weeks prior to the next examination date on a form provided by the department.

   II. All applications shall be accompanied by a $50 fee to cover department expenses for conducting the certification program. All fees shall be deposited with the state treasurer and deposited in a special nonlapsing wastewater plant operator certification fund to be used by the department for the administration of this subdivision and for the operation of the department-owned Wastewater Plant Operator Training Center.

   III. Any applicant failing the examination shall be allowed one retest at the same certification level at no additional cost to the applicant.

   RSA 485-A:7-b Examinations. – The department shall prepare written examinations to determine the knowledge, ability, and judgment of operators. Such examinations shall be administered in accordance with rules adopted by the department pursuant to RSA 485-A:6.

   RSA 485-A:7-c Issuance of Certificates. –

   I. Upon satisfactory completion by an applicant of the established requirements, the department shall issue to the applicant a suitable certificate designating the applicant's competency. The certificate shall indicate the level of operation for which the operator is qualified. The certificate shall remain in effect for 2 years from the date of issuance.

   II. Certificates shall be renewed biennially and shall be accompanied by a $50 renewal fee, which shall be deposited pursuant to RSA 485-A:7-a, II. If the renewal fee is not submitted within 90 days of the certificate's expiration date, the certified individual's name shall be removed from the current status and the certificate shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is late.

   III. Certificates may be issued, upon payment of the $50 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the committee, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision. The fee shall be deposited pursuant to RSA 485-A:7-a, II.

   RSA 485-A:7-d Revocation. – The department may suspend or revoke the certificate of an operator under rules adopted pursuant to RSA 485-A:6.

   RSA 486:9 Operator Certification. – The operators of pollution control facilities shall be certified as to their qualifications and ability to operate said facilities in accordance with rules adopted by the commissioner under RSA 541-A.

   RSA 486:10 Rulemaking. – The commissioner may adopt rules under RSA 541-A relative to treatment of wastes by or from industrial and nonindustrial recipients of waste treatment services to establish:

   III. Certification criteria for pollution control facilities operators.