CHAPTER 191
HB 1635-FN – FINAL VERSION
05Mar2008… 0501h
21May2008… 1809eba
2008 SESSION
06/04
HOUSE BILL 1635-FN
AN ACT relative to permits for motor vehicle salvage facilities and motor vehicle crushers.
SPONSORS: Rep. Knox, Carr 4; Rep. Schmidt, Straf 4; Sen. DeVries, Dist 18
COMMITTEE: Environment and Agriculture
This bill requires the department of environmental services to establish permits for maintaining and operating a motor vehicle salvage facility and operating a motor vehicle crusher.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0501h
21May2008… 1809eba
08-2875
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to permits for motor vehicle salvage facilities and motor vehicle crushers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
191:1 New Paragraph; Definitions. Amend RSA 149-M:4 by inserting after paragraph VIII the following new paragraph:
VIII-a. “End-of-life motor vehicle” means a wrecked, worn-out, junk, or other motor vehicle that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.
191:2 New Paragraph; Definitions. Amend RSA 149-M:4 by inserting after paragraph IX the following new paragraph:
IX-a. “General permit” means a permit which contains terms and conditions applicable to a specific category of facility, which applies to any facility in that category which has submitted the required information and agreed to abide by the stated terms and conditions.
191:3 New Paragraphs; Definitions. Amend RSA 149-M:4 by inserting after paragraph XI the following new paragraphs:
XI-a. “Motor vehicle crusher” means a mechanical device used to intentionally flatten and reduce the volume of end-of-life motor vehicles to facilitate the transportation of such vehicles to a scrap processing facility. The term includes both mobile and stationary devices. The term also includes loggers and balers.
XI-b. “Motor vehicle salvage facility” means a place where end-of-life motor vehicles are received, kept and drained, dismantled, or otherwise processed for final disposal at a scrap metal processing facility. The term shall not include any facility that does not require a license under RSA 236:111 through RSA 236:129.
191:4 Responsibilities. Amend RSA 149-M:6, III to read as follows:
III. Regulate facilities through administration of a permit system[.], which may include the establishment of general permits to cover categories of facilities, such as motor vehicle salvage facilities or motor vehicle crushers, which the commissioner determines involve the same or substantially similar types of operations, handle the same types of wastes and regulated substances, require the same operating limitations or conditions, and are more appropriately controlled under a general permit than under individual permits.
191:5 New Paragraphs; Permit Required. Amend RSA 149-M:9 by inserting after paragraph I the following new paragraphs:
I-a. Persons maintaining or operating a motor vehicle salvage facility may elect to maintain and operate the facility under the provisions of the general permit established under RSA 149-M:59 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.
I-b. Persons operating a motor vehicle crusher, whether mobile or stationary, may elect to operate the facility under the provisions of the general permit established pursuant to RSA 149-M:60 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.
191:6 New Subdivision; General Permits. Amend RSA 149-M by inserting after section 58 the following new subdivision:
Motor Vehicle Salvage Facilities and Crushers
149-M:59 General Permit for Motor Vehicle Salvage Facilities.
I. The department shall establish a general permit for maintaining and operating a motor vehicle salvage facility. The general permit shall cover all motor vehicle salvage facilities that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle salvage facility to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze, and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a facility seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Facility name, location, and description.
(b) Name, mailing address, and telephone number of the facility owner, facility operator, and land owner.
(c) A copy of the local license when required under RSA 236:111 through RSA 236:129 or a signed statement explaining why a local license has not been issued.
(d) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section or, if the facility is not in compliance, a proposed plan and schedule for achieving compliance within a reasonable time.
(e) A dated, signed receipt showing that a copy of the required registration information has been submitted to local officials responsible for issuing local licenses under RSA 236:111 through RSA 236:129.
149-M:60 General Permit for Operating a Motor Vehicle Crusher.
I. The department shall establish a general permit for operating a motor vehicle crusher. The general permit shall cover all motor vehicle crushers that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle crushing operation to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a motor vehicle crusher seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Owner identification and contact information.
(b) Operator identification and contact information.
(c) For a stationary crusher:
(1) The name and location of the motor vehicle salvage facility where the crusher is permanently stationed.
(2) Confirmation that the motor vehicle salvage facility has registered to operate under the general permit established under RSA 149-M:59 or holds a standard permit to operate issued under RSA 149-M:9.
(d) For a mobile crusher:
(1) The owner’ s principal place of business.
(2) A telephone number where the owner or operator can be directly contacted when the crusher is operating at other locations.
(3) The mobile crusher registration plate number and state issuing it.
(e) Description of the crusher, including:
(1) The make, model, and vehicle identification number.
(2) Description of the fluid collection and containment design features.
(f) A description of the scope of crushing-related services offered to customers, including whether the operator will drain fluids, dispose of fluids, evacuate refrigerants, or perform other end-of-life motor vehicle preparation services prior to crushing vehicles.
(g) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section.
191:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 11, 2008
Effective Date: August 10, 2008