CHAPTER Env-Sw 2000  INSPECTIONS

 

Statutory Authority:  RSA 149-M:7

 

Revision Note:

 

          Document #8459, effective 10-28-05, readopted with amendments, renumbered, and redesignated former Chapter Env-Wm 3700 as Env-Sw 2000, pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.  The source notes for each section of Env-Sw 2000 identify the former subtitle Env-Wm and number for the respective rule prior to Document #8459.

 

PART Env-Sw 2001  APPLICABILITY

 

          Env-Sw 2001.01  Applicability.  All facilities, including permit-exempt facilities, shall be subject to the inspection provisions of this chapter.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3701.01); ss by #10601, eff 7-1-14

 

PART Env-Sw 2002  INSPECTION PROCEDURES

 

          Env-Sw 2002.01  Right of Inspection.  In order to investigate either actual or suspected sources of potential harm to human health or the environment and to ascertain compliance or non-compliance with the solid waste rules, the department shall:

 

          (a)  Inspect any public or private property or premises as authorized by RSA 149-M:6, IV, including collection, storage, transfer, processing, treatment, and disposal facilities;

 

          (b)  Gather evidence on existing conditions and procedures;

 

          (c)  Obtain representative samples of containers, materials and wastes;

 

          (d)  Conduct tests, analyses, and evaluations;

 

          (e)  Photograph containers, tanks, labels, processes or conditions related to waste collection, storage, transfer, processing, treatment, and disposal;

 

          (f)  Inspect or be provided copies of, or both, any pertinent records, reports of information and test results relating to the requirements of the solid waste rules upon request; and

 

          (g)  Obtain any other information as authorized by law.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.01); ss by #10601, eff 7-1-14

 

          Env-Sw 2002.02  Credential Presentation.  In conducting an inspection of a facility, department personnel shall, subject to privileges provided for by law, present his/her identification to, in order of preference, the owner or operator or their representative or to the senior company representative present, if any.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.02); ss by #10601, eff 7-1-14

 

          Env-Sw 2002.03  Inspection Reports.  Upon conducting an inspection of a facility, the department shall, subject to RSA 91-A:

 

          (a)  Make a written report listing the conditions found during the inspection;

 

          (b)  Keep the report on file at the department; and

 

          (c)  Provide a copy of the report to the owner or operator or his agent, if requested.

 

Source.  #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.03); ss by #10601, eff 7-1-14

 

Appendix

 

Rule Sections

State Statute(s) Implemented

 

 

Env-Sw 2000

RSA 149-M:6, I, IV; RSA 149-M:7, XV