CHAPTER Env-Sw 1200 PERMIT-BY-NOTIFICATION FACILITY
REQUIREMENTS
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm
2900 as Env-Sw 1200, 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 1200 identify
the former subtitle Env-Wm and number for the
respective rule prior to Document #8459.
PART Env-Sw 1201 PURPOSE AND APPLICABILITY
Env-Sw 1201.01 Purpose. The purpose of the rules in this chapter is
to:
(a)
Prescribe the requirements and limitations for siting, designing,
constructing, operating and closing a facility under the provisions of a
permit-by-notification issued pursuant to Env-Sw 311;
and
(b)
Ensure, through the prescribed requirements and limitations, that
permit-by-notification facilities shall be sited, designed, operated and closed
in a manner that does not endanger the public health or adversely affect the
environment and which minimizes the potential for accidents that could lead to
personal injury or property damage.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2901.01); ss by #10595, eff 7-1-14
Env-Sw 1201.02 Applicability. The rules in this chapter shall apply to all permit-by-notification
facilities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2901.02); ss by #10595, eff 7-1-14
PART Env-Sw 1202 GENERAL REQUIREMENTS
Env-Sw 1202.01 Universal
Requirements. All
permit-by-notification facilities shall comply with the following:
(a)
The universal facility requirements in Env-Sw
1000;
(b)
The waste specific requirements in Env-Sw 900
as applicable to the type of waste managed by the facility; and
(c)
The requirements of this chapter.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2902.01); ss by #10595, eff 7-1-14
Env-Sw 1202.02 Requirements
for Operating Longer than 90-days.
(a)
A permit-by-notification facility having an active life longer than 90
days shall comply with the requirements in Env-Sw
1100, with the following exceptions:
(1) There shall be no requirement to submit final
design plans and specifications for construction approval;
(2) There shall be no requirement
to submit an operating plan, provided that:
a. A written operating plan which meets the
requirements of Env-Sw 1105.11 is prepared prior to
operating the facility;
b. The operating plan is available for use by
the facility operator(s) and for inspection by the department pursuant to Env-Sw 2000;
c. The permittee submits in the permit
application a signed statement which attests to the existence of the plan, and
certifies that the plan meets the requirements of Env-Sw
1105.11; and
d. The facility operates in compliance with
the solid waste rules and the permit; and
(3) There shall be no requirement to submit a
closure plan, provided that:
a. A written closure plan that meets the
requirements of Env-Sw 1106.04 is prepared prior to
operating the facility;
b. The closure plan is available for use by
the facility operator(s) and for inspection by the department pursuant to Env-Sw 2000;
c. The permittee submits in the permit
application a signed statement which attests to the existence of the plan, and
certifies that the plan meets the requirements of Env-Sw
1106.04; and
d. The facility closes in compliance with the
solid waste rules and the permit.
(b)
A non-landfill permit-by-notification facility having an active life
longer than 90 days shall comply with the following:
(1) Env-Sw 403 through Env-Sw 406, if the facility is a collection, storage and
transfer facility identified in Env-Sw 407;
(2) Env-Sw 503 through Env-Sw 506, if the facility is a processing or treatment
facility identified in Env-Sw 507 or a composting
facility identified in Env-Sw 607 or an incinerator
identified in Env-Sw 707;
(3) Env-Sw 603 through Env-Sw 606, if the facility is a composting facility
identified in Env-Sw 607; and
(4) Env-Sw 703 through Env-Sw 706, if the facility is an incinerator identified in
Env-Sw 707.
(c)
A permit-by-notification landfill shall not be permitted to have an
active life longer than 90 days unless:
(1) The facility is located on publicly owned
land;
(2) The permittee is a government agency or unit
or a political subdivision of the state; and
(3) Vehicular access to the facility is
physically restricted at all times when a facility operator is not present.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2902.02); ss by #10595, eff 7-1-14
Env-Sw 1202.03 Consecutive
Permits Prohibited. Consecutively
dated permits-by-notification shall not be issued to a facility as a means to
avoid obtaining a standard permit pursuant to the solid waste rules or as a
means to avoid any requirement specified in Env-Sw
1202.02.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2902.03); ss by #10595, eff 7-1-14
Env-Sw 1202.04 Obligation
to Obtain Other Approvals. The
existence of a permit-by-notification shall not affect a person’s obligation to
obtain all requisite federal, state or local permits, licenses or approvals, or
to comply with all other applicable federal, state, district or local permits,
ordinances, laws or approvals or conditions pertaining to the
permit-by-notification activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2902.04); ss by #10595, eff 7-1-14
Env-Sw
1202.05 Permittee
and Operator Qualifications.
(a) The permittee and facility owner shall be the
same person.
(b) The permittee shall be in responsible charge
of operating the facility.
(c) The permittee shall provide compliance
certification pursuant to Env-Sw 303.14.
(d) If the facility has an active life longer
than 90 days, each operator shall be certified pursuant to Env-Sw
1600 unless otherwise specified in these rules for a specific type of facility.
Source. #6619-B, eff 10-29-97; amd
by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff
10-28-05 (formerly Env-Wm 2902.05); ss by #10595, eff 7-1-14; ss by
#12045, eff 11-18-16
Env-Sw 1202.06 Permit
Transfer Limitations and Requirements.
(a)
A permit-by-notification shall be non-transferable, except as provided
in (d) below.
(b)
In the event a permit-by-notification facility will be sold or otherwise
conveyed to a second party, the second party shall apply pursuant to Env-Sw 311 to obtain a new permit-by-notification for the
facility if the second party intends to continue operating the facility.
(c)
If the second party does not obtain a new permit-by-notification to
continue operating the facility, the permittee of record shall close the
facility in accordance with the solid waste rules and the permit prior to
conveying the facility to the second party.
(d)
In the case of a closed permit-by-notification landfill, the following
shall apply:
(1) The applicable permit-by-notification shall
be automatically transferred to the new property owner upon conveyance of the
property to a new owner;
(2) Prior to conveyance, the permittee of record
shall disclose the existence of the closed facility to the potential new owner
and inform the potential new owner of all permit obligations related thereto;
and
(3) Failure to provide such disclosure shall not
alleviate a new owner, as permittee, from meeting any regulatory obligation relating
to the facility.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2902.06); ss by #10595, eff 7-1-14
PART Env-Sw 1203 SITING REQUIREMENTS
Env-Sw 1203.01 Location
Restrictions, New Permit-by-Notification Facilities. The following restrictions shall apply to
siting all new permit-by-notification facilities:
(a)
The facility shall not be sited on property that is subject to any
on-going enforcement action by the department, unless the facility is approved
by the department as part of the enforcement action and a copy of the approval
is submitted with the application for the related permit-by-notification;
(b) The facility shall not be sited within 50 feet
of any property line;
(c)
The facility shall not be sited in a flood plain;
(d)
The facility shall be sited in conformance with Env-Sw
1003;
(e)
If the facility has an active life longer than 90 days, it shall be
sited in conformance with Env-Sw 1102; and
(f)
The facility shall not be sited in a location that would violate the
provisions of any groundwater management permit pursuant to Env-Or
600.
Source. #6619-B, eff 10-29-97; ss
by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff
10-28-05 (formerly Env-Wm 2903.01); ss by #10595, eff 7-1-14
Env-Sw 1203.02 Additional
Location Restrictions for Landfills.
(a)
A permit-by-notification landfill shall not be sited less than 75 feet
to surface water or wetlands.
(b)
A permit-by-notification landfill shall be located to provide at least 4
feet of vertical separation between the base of the disposal area and the
seasonal high groundwater table.
(c)
A permit-by-notification landfill shall be located to provide at least 4
feet of vertical separation between the base of the disposal area and bedrock.
(d)
A permit-by-notification landfill shall not be sited less than 50 feet
from the footprint of any landfill which is not yet capped.
(e)
A permit-by-notification landfill having an active life longer than 90
days shall be sited on publicly owned land only.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2903.02); ss by #10595, eff 7-1-14
PART
Env-Sw 1204 OPERATING REQUIREMENTS
Env-Sw 1204.01 General
Operating Requirements. A
permit-by-notification facility shall comply with the universal operating
requirements in Env-Sw 1005 and the requirements of
this part.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2904.01); ss by #10595, eff 7-1-14
Env-Sw 1204.02 Authorized
Waste. A permit-by-notification
facility shall receive only those wastes specifically authorized in Env-Sw 407, Env-Sw 507, Env-Sw 607, or Env-Sw 707, as
applicable to the type of facility being permitted.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2904.02); ss by #10595, eff 7-1-14
Env-Sw 1204.03 Prohibited
Waste. A permit-by-notification
facility shall not receive the following types of solid waste:
(a)
Asbestos waste, unless the facility is an asbestos waste holding facility permitted
under the provisions of Env-Sw 407.06;
(b)
Explosive waste;
(c) Contained gaseous waste, unless collected for
recycling;
(d)
Liquid waste;
(e)
Infectious waste, except for those facilities explicitly authorized by Env-Sw 507;
(f)
Animal carcasses;
(g)
Contaminated soils and other absorbent media; and
(h)
Out-of-state waste, unless the waste is received for recycling, not
incineration or disposal.
Source. #6619-B, eff 10-29-97; ss
by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff
10-28-05 (formerly Env-Wm 2904.03); ss by #10595, eff 7-1-14
Env-Sw 1204.04 Capacity
Limits.
(a)
The capacity of a permit-by-notification facility shall be limited to
that which is specified in Env-Sw 407, Env-Sw 507, Env-Sw 607, and Env-Sw 707, as applicable to the type of facility being
permitted.
(b)
To assure compliance with RSA 149-M:11, IV(a), no permit-by-notification
facility shall receive greater than 30 tons of waste per day as averaged over
the active life of the facility.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2904.04); ss by #10595, eff 7-1-14
Env-Sw 1204.05 Landfill
Operating Requirements. The
following requirements shall apply to operating all permit-by-notification
landfills:
(a)
At all times during facility operations, the permittee shall maintain
cover materials at the site in a quantity sufficient to comply with all daily
and final cover requirements specified by the solid waste rules, except publicly
owned facilities with an active life longer than 90 days may maintain the cover
materials at other locations readily accessible to the site and permittee;
(b)
Only soil shall be used as cover material;
(c)
Waste shall be placed, compacted and covered in a manner as to eliminate
voids, limit settlement and otherwise limit the potential for sink-holes or
surface openings to develop; and
(d)
Waste shall be placed only within the vertical and lateral limits of the
facility as identified on a plan submitted in the permit application pursuant
to Env-Sw 311 and approved by the department by
permit issuance.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2904.05); ss by #10595, eff 7-1-14
PART Env-Sw 1205 CLOSURE REQUIREMENTS
Env-Sw 1205.01 Non-landfill
Closure Requirements.
(a)
A permit-by-notification non-landfill shall close in conformance with Env-Sw 1006.
(b)
All waste shall be removed to an authorized facility that is not another
permit-by-notification facility.
(c)
Closure shall be completed within 30 days following the date of last
waste receipt or before the expiration date of the permit, whichever is
earlier.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2905.01); ss by #10595, eff 7-1-14
Env-Sw 1205.02 Landfill
Closure Requirements.
(a)
A permit-by-notification landfill shall close in conformance with Env-Sw 1006.
(b)
At least 2 feet of compacted soil shall be placed as final cover over
all landfilled waste.
(c)
If a greater depth than identified in (b), above, was specified for the
particular facility type in Env-Wm 2509 as effective
on October 29, 1997, the greater depth shall be provided.
(d)
Final cover shall be compacted, graded, seeded and mulched in a manner
as to produce and sustain vegetative growth or otherwise stabilized to prevent
erosion.
(e)
Closure shall be completed within 30 days following the date of last
waste receipt or before the expiration date of the permit, whichever is
earlier, except as provided by (f) below.
(f)
If the date of last waste receipt falls within a time period where
seasonal factors prevent closure by the date specified in (e) above, the
permittee may delay closure provided that:
(1) Within 10 days following the date of last
waste receipt, the permittee provides a written notice to the department
specifying:
a. The facility has ceased receiving waste;
b. Closure cannot be completed as required
in (e) above due to seasonal factors; and
c. The date by which closure will be completed
as required by (4) below;
(2) The permittee shall control access to the
facility by gates and bars or other means appropriate to the site to prevent
unauthorized entry and dumping during the inactive, pre-closure period;
(3) The permittee shall take such action as
necessary to otherwise secure the site against potential harm to the
environment, human health and safety during the inactive, pre-closure period;
and
(4) The permittee shall implement closure as soon
as practicable under the circumstances.
(g)
Following closure, the permittee shall assure that the integrity of the
cover materials is maintained, that voids and sink holes do not develop, and
that the site is otherwise protective of the environment, public health and
safety.
(h)
The permittee shall regularly inspect the facility and, when necessary,
implement repairs or take other remedial action as needed to achieve and
maintain compliance with the requirements of (g) above.
(i) In the event the disposal area is disturbed
for any reason after closure, the permittee shall subsequently restore the area
pursuant to (b) through (d) above.
(j) If buried waste is removed from a permit-by-notification
landfill, the permittee shall dispose of the removed waste at an authorized
facility.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2905.02); ss by #10595, eff 7-1-14
Env-Sw 1205.03 Notification
of Closure. Upon completion of all
required closure activities at a permit-by-notification facility, the permittee
shall certify in writing to the department that closure has been completed as
required by the solid waste rules.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 1200) ss
by #8459, eff 10-28-05 (formerly Env-Wm 2905.03); ss by #10595, eff 7-1-14
Appendix
Rule Sections |
Statute(s) Being Implemented |
|
|
Env-Sw
1200 |
RSA
149-M:6, III; RSA 149-M:7, II, III, V, XIV; RSA 149-M:9 |
Env-Sw 1202.05 |
RSA
149-M:6, III; RSA 149-M:9, I & VI |