Gateway is a scrap metal dealer located in Salem, NH. Under New Hampshire's hazardous waste laws, scrap metal dealers, such as Gateway, may only accept lead-containing material, which would otherwise constitute hazardous waste, if the material meets the definition of a "scrap metal." The State's reckless conduct charge stems from an incident where Gateway handled a powdery lead-containing material from a firearms range, which did not meet the definition of scrap metal. Gateway lacked the required permit and ability to handle lead in this form, including tracking its ultimate disposition. In powder form, lead represents a much greater risk to human health than lead in solid form. Pursuant to the terms of the plea, the Court fined Gateway $20,000, with $10,000 suspended for a period of three (3) years conditioned on Gateway fulfilling a number of conditions.

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