Section Env-Hw 513.02 - Discharge Cleanup(a) The generator shall immediately contain and cleanup, within 24 hours, any discharge of hazardous waste or material that, when discharged, becomes a hazardous waste.(b) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours, then within 5 days of the discharge the generator shall submit a cleanup plan to the department for approval prior to implementation, except as provided in (e), below.(c) The cleanup plan shall: (1) Provide for the protection of human health and the environment;(2) Provide for the removal and proper disposal of the contamination source;(3) Provide for confirmatory analysis of the potentially affected media, for example, soil, groundwater, or surface water, to demonstrate the cleanup is successful; and(4) Include a time table for completion of the cleanup plan.(d) The department shall review the proposed cleanup plan and approve the plan if it determines that the plan meets the criteria set forth in (c), above.(e) To minimize contamination, reduce risk of exposure, or promote more timely response actions, the generator may begin discharge response actions before the cleanup plan is submitted to or approved by the department, provided the generator: (1) Incorporates the self-initiated measures into the report submitted to the department pursuant to (f), below; and(2) Complies with all other applicable local, state, and federal requirements.(f) Within 30 days of completion of the cleanup, the generator shall submit a report to the department detailing the actions taken.(g) If the complete cleanup cannot be accomplished in accordance with (b) through (f), above, the generator shall submit a scope of work proposal for site investigations pursuant to Env-Or 600 to evaluate the potential impacts of the release on soil and groundwater.N.H. Admin. Code § Env-Hw 513.02
#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 at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12347, Effective 8/14/2017, Expires 8/14/2027.