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 |
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Env-Sw 2000 |
RSA 149-M:6, I, IV;
RSA 149-M:7, XV |
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