CHAPTER
Env-Sw 300 SOLID WASTE PROGRAM: PERMITS
Statutory
Authority: RSA 149-M:7
REVISION NOTE:
Document
# 8462-B, effective 10-28-05, readopted with amendments and renumbered the
permit rules on solid waste management, formerly in Part Env-Wm 301 through
Part Env-Wm 316, under a new subtitle as Chapter Env-Sw 300. The redesignation from subtitle Env-Wm to
subtitle Env-Sw was done pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05. Document # 8462-B replaces
all prior filings for solid waste rules formerly in Chapter Env-Wm 300.
The
prior filings for the former rules in Env-Wm 300 on solid waste include the
following documents:
#5172,
eff 7-1-91
#5296,
eff 12-24-91
#5452,
INTERIM, eff 12-24-92
#5886-A,
eff 8-26-94
#6372,
eff 11-16-96
#6535,
INTERIM, eff 7-1-97
#6619-B,
eff 10-29-97
#7225,
eff 3-31-00
PART Env-Sw
301 PURPOSE AND APPLICABILITY
Env-Sw
301.01 Purpose. The purpose of the rules in this chapter is
to establish provisions for administering a solid waste management facility
permit system pursuant to RSA 149-M.
Source. (see Revision Note
at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
301.02 Applicability. The rules in this chapter shall apply to
solid waste management activities regulated under RSA 149-M.
Source. (see Revision Note
at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
PART Env-Sw 302 SOLID WASTE FACILITY PERMITS
Env-Sw
302.01 Purpose. The purpose of the rules in this part is to:
(a) Describe the system of permits established by
the solid waste rules for authorizing construction, operation
and closure of solid waste management facilities pursuant to RSA 149-M:9; and
(b) Identify permit-exempt facilities pursuant to
RSA 149-M:7, V and RSA 149-M:9, I.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
302.02 Solid Waste Permit Required. Except as provided in Env-Sw 302.03, a
facility at which solid waste is collected, stored, transferred, processed, treated or disposed shall do so only in accordance with a
permit issued by the department pursuant to RSA 149-M:9 and the solid waste
rules.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
302.03 Solid Waste Permit Exemptions.
(a) Pursuant
to RSA 149-M:9, I and subject to the provisions of Env-Sw 305.04(b), no permit
shall be required to haul or store manure being used as fertilizer including
the production of compost.
(b) Pursuant to RSA 149-M:7, V and subject to the
provisions of Env-Sw 305.04(b), no permit shall be required to:
(1) Collect, store, and transfer a waste as
specified in Env-Sw 408;
(2) Process or treat a waste, for reuse or other
purposes, as specified in Env-Sw 508, Env-Sw 608, and Env-Sw 708;
(3) Landfill a waste as specified in Env-Sw 810;
(4) Land spread ash from the combustion of virgin
wood as specified in Env-Sw 1704;
(5) Manage a waste that has been formally
declared by the generator, in accordance with Env-Hw 502.01(c)(2), to be a
hazardous waste, provided that the waste is managed in accordance with the
requirements of RSA 147-A and the hazardous waste rules;
(6) Manage virgin wood by above ground methods
not including composting, provided that:
a. The virgin wood is actively managed;
b. Management practices comply with the
universal facility requirements in Env-Sw 1000;
c. Stockpiles conform to the requirements in
Env-Sw 404.05;
d. The virgin wood is not mixed or co-mingled
with any other wastes or materials at the waste generation site or any other
location; and
e. If combusted, the facility complies with all
provisions of Env-A 1000;
(7) Conduct
bench scale research and development projects within a building or other
location used for research studies, provided that practices comply with the
universal facility requirements in Env-Sw 1000;
(8) Manage boiler slag from the combustion of
coal, destined for use as a raw material for commercial and industrial
purposes, provided that:
a. The boiler slag is actively managed; and
b. Management practices comply with the
universal facility requirements in Env-Sw 1000;
(9) Collect,
store, transfer, process, treat, or dispose of waste concrete, cement, brick,
other inert masonry materials, or bituminous concrete, provided that:
a. The waste is actively managed;
b. Management practices comply with the universal
facility requirements in Env-Sw 1000;
c. The materials comprising the waste are
derived from virgin materials only;
d. The materials comprising the waste are fully cured;
e. The waste is free of any materials or
substances that have the potential to leach contaminants to groundwater or
surface water or to emit pollutants to the air, including lead paint, asbestos,
and chemicals;
f. If landfilled, the bituminous concrete waste
is not ground or pulverized; and
g. The activity occurs after March 30, 1999;
(10) Collect, store, and process wooden pallets
and wooden crates into wood chips, provided that:
a. The wood chip is certified for distribution
and use pursuant to Env-Sw 1500 and accordingly managed;
b. The pallets and crates are actively managed;
c. Management practices comply with the
universal facility requirements in Env-Sw 1000;
d. The pallets and crates comply with the toxics
in packaging requirements in RSA 149-M:32 - 40;
e. The pallets and crates have not been treated
in any way, including painted or stained, except for labeling purposes, or
pressure treated;
f. The pallets and crates are free of glues and adhesives;
g. The pallets and crates are empty;
h. The pallets and crates are not otherwise
contaminated with foreign substances;
i. Stockpiles conform to the requirements of
Env-Sw 404.05;
j. All residual waste resulting from the
management of the pallets and crates, including nails and fasteners, is
actively managed in accordance with all applicable requirements; and
(11) Manage on-site animal
mortalities that pose a risk to public health under the direction of the state
veterinarian.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
302.04 Solid Waste Permit Types. The solid waste rules shall establish a
permit system comprised of the following permit types:
(a) Standard permit, pursuant to Env-Sw 314, for
a facility meeting each of the following criteria:
(1) The
facility is not a permit-exempt facility in Env-Sw 302.03;
(2) The
facility is not eligible for a permit-by-notification pursuant to Env-Sw 407,
Env-Sw 507, Env-Sw 607, or Env-Sw 707;
(3) The
facility is not eligible for a research and development permit pursuant to
Env-Sw 312;
(4) The
facility is not eligible for an emergency permit pursuant to
Env-Sw 313; and
(5) If the
facility is a temporary permit facility, it elects to continue operating following
call of the temporary permit and is not a landfill;
(b) Temporary permit, for facilities that
obtained temporary permit status prior to October 29, 1997
and continue to operate under such status;
(c) Permit-by-notification, pursuant to Env-Sw 311,
for certain limited waste management activities, as specified in Env-Sw 407,
Env-Sw 507, Env-Sw 607, and Env-Sw 707 based on the functional classification
of the facility;
(d) Research and development facility permit,
pursuant to Env-Sw 312, for research and development projects as defined by
Env-Sw 104;
(e) Emergency permit, pursuant to Env-Sw 313, for
facilities which operate for a limited period of time
in response to an emergency for which no other readily available response
exists and for which a delayed response to obtain another type of permit will
result in an unnecessary risk to public health, safety or the environment; and
(f) General permit, issued pursuant to Env-Sw
308, for facilities that are eligible for a general permit in lieu of a
standard permit, as authorized by RSA 149-M:6, III and RSA 149-M:9, I-a and I-b.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
302.05 Solid Waste Facility Types. Facility permits shall be issued on the basis of facility type according to the following
facility functional classifications:
(a) Land disposal sites, including landfills as
defined in Env-Sw 103.32;
(b) Processing/treatment facilities, as defined
in Env-Sw 104.13, including:
(1) Composting
facilities; and
(2) Incineration
facilities; and
(c) Collection, storage
and transfer facilities, as defined in Env-Sw 102.35, including:
(1) Transfer
stations; and
(2) Recycling
centers.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw
302.06 Permitting System Criteria. The following factors shall be used in the
solid waste rules to determine the applicable permitting requirements:
(a) The type of permit;
(b) Duration of facility operations;
(c) The functional classification of a facility;
and
(d) The type of waste handled by the facility.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
PART Env-Sw 303 FILING PROVISIONS FOR APPLICATIONS, REGISTRATIONS,
AND REPORTS
Env-Sw 303.01 Purpose. The purpose of the rules in this part is to
specify requirements for filing applications, registrations and reports
required by the solid waste rules.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.02 Applicability.
(a) The rules in
this part shall apply to all persons filing the following applications:
(1) New permits, pursuant to Env-Sw 311
through Env-Sw 314;
(2) Modification of existing permits, pursuant to
Env-Sw 315, including permit transfer and permit renewal applications; and
(3) Waivers of any requirement
of the solid waste rules, pursuant to Env-Sw 202.
(b) The rules in
Env-Sw 303.03 and Env-Sw 303.04 shall also apply to persons filing pre-81 landfill registrations
pursuant to Env-Sw 309.
(c) The rules in
Env-Sw 303.03 and Env-Sw 303.04 shall also apply to persons filing facility
reports required by the solid waste rules, including status reports such as
notices of intent to construct or operate, annual reports, quarterly reports
for landfills, compliance reports and other facility reporting data specified
by the solid waste rules.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.03 Basic
Filing Requirements.
(a) Applications, registrations and reports shall be prepared:
(1) On and with such forms as the department
provides; or
(2) If no form is provided pursuant to (1) above,
on paper supplied by the applicant in a format consistent with the application
content and format requirements specified by the solid waste rules for the particular type of application, registration or report being
filed.
(b) Applications, registrations and reports shall be signed as specified in
Env-Sw 303.04.
(c) Subject to (d), below, applications,
registrations, and reports shall be submitted to the department in triplicate.
(d) Applications, registrations, and reports may
be submitted to the department electronically.
If an applicant chooses to submit an application,
registration, or report electronically, a single paper copy of the application,
registration, or report shall also be submitted to the department.
(e) All applications shall be
submitted with the fee specified in Env-Sw 310, if any.
(f) Applications shall be
submitted with the compliance information required by Env-Sw 303.13.
(g) Except as provided in (h) below,
all components and copies of an application, registration and report shall be
submitted together at the same time.
(h) If the content and format
requirements for a particular type of application require the applicant to
submit personal and business disclosure information pursuant to Env-Sw 316, the
applicant shall:
(1) Submit the information as specified in Env-Sw
316 directly to the New Hampshire department of justice, office of attorney
general, environmental protection bureau (NHDOJ) on or before the date the
balance of the application is submitted to the department; and
(2) Provide proof thereof to the department with
the application.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.04 Signature
Requirements.
(a) Each application,
registration and report shall be signed by the applicant, registrant
or permittee as applicable.
(b) If the
applicant, registrant or permittee is other than an
individual, the application shall be signed by the person(s) duly authorized to
sign for the applicant, registrant or permittee as applicable.
(c) The applicant’s,
registrant’s or permittee’s signature shall constitute:
(1) An affirmation that the material and information
submitted is correct and complete to the best of the applicant’s, registrant’s
or permittee’s knowledge and belief;
(2) An acknowledgment that any approval granted
based on false or incomplete information shall be subject to revocation or
suspension pursuant to Env-Sw 306, and civil or criminal penalties;
(3) An agreement to pay the outstanding balance
of the application fee due pursuant to Env-Sw 310, if any, upon presentation of
an invoice; and
(4) For applications not subject to Env-Sw 1400,
certification of financial responsibility pursuant to Env-Sw 1005.08(b).
(d) Each application
shall be signed by the owner and land owner, if
different than the applicant.
(e) If the property
owner is other than an individual, the application shall be signed by the
person(s) duly authorized to sign for the property owner.
(f) The property
owner’s signature shall constitute an affirmation that:
(1) The applicant has, or shall be granted, the
legal right to occupy and use the property on which the facility is or will be
located for the purposes specified in the application; and
(2) The property owner shall grant access to the
property for closure and post-closure monitoring of the facility and site as
required by the solid waste rules.
(g) All signatures
shall be original signatures on all copies of applications, registrations and
reports filed with the department.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.05 Notice
of Filing to Abutters.
(a) If the
application content and format requirements, as provided in Env-Sw 311 through
Env-Sw 315, require the applicant to provide a notice of filing to abutters,
the applicant shall:
(1) Provide notice as specified by (b) through
(e) below; and
(2) Place a copy of the application at a publicly-accessible location, for example the public library
or town hall, for public review until final action on the application is taken
by the department.
(b) The notice of
filing shall be:
(1) Sent by certified mail, return receipt
requested; or
(2) Delivered in hand, in which case a signed
acknowledgment from the recipient that the notice was received shall be
obtained.
(c) The notice of
filing shall be sent or delivered before the date the application is filed with
the department, but not earlier than 30 days before that date.
(d) If the applicant
or the owner of the facility site owns any abutting parcel of land, the notice
of filing shall be sent to the owner(s) of the next parcel(s) not owned by the
applicant or facility site owner.
(e) The notice of
filing shall include the following information:
(1) A statement that an application is scheduled
to be filed with the department, including the type of application being filed
and the anticipated filing date;
(2) Facility identification and location,
including:
a. Facility name;
b. Permit number, if applicable;
c. Street address; and
d. Municipality;
(3) The name(s) and mailing address(es) of the:
a. Applicant, which in the case of an
application for permit transfer shall be both the existing and proposed permittee;
b. Facility owner;
c. Facility operator; and
d. Property owner;
(4) A description of the activity(s) for which
approval is being sought, including as applicable:
a. The type(s) of waste management activities to
be undertaken at the facility;
b. The quantity and type(s) of waste to be
received by the facility;
c. The quantity and type(s) of waste to be
stored at the facility;
d. The quantity and type(s) of waste to be
disposed at the facility;
e. The facility service area;
f. The facility service type;
g. The facility life expectancy;
h. Other information required to accurately
describe the scope and nature of the proposed activity(s); and
i. The estimated date of facility construction
and operation;
(5) Identification of the locally accessible
place where the application will be available for public review;
(6) Name, title, mailing address and telephone
number of the individual associated with the applicant and available to respond
to inquiries during the application review process;
(7) Name, title, mailing address and telephone number
of the agency official or employee who may be contacted regarding the
application, which name and information shall be
provided to the applicant by the department upon request at the time the
applicant prepares the notice;
(8) Description of the application processing
provisions as specified by the solid waste rules. The description shall be detailed
sufficiently as to inform the notice recipient of the basic process steps and
schedule. An application process flow
chart, as provided by the department upon request, shall suffice;
(9) If the application is for approval to
transfer a permit, a statement that the department will accept written comments
from the abutters for a period of 30 days following the date the application is
filed; and
(10) If the application includes a request for a
waiver to any rule, a statement so indicating and specifically citing the
rule(s).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.06 Additional
Filing Requirements.
(a) The applicant
for a permit, permit modification, or waiver to a solid waste rule relating to
a specific facility, shall comply with the filing requirements in:
(1) Env-Sw 303.07; and
(2) Env-Sw 303.08 through Env-Sw 303.12, if applicable;
(b) Each filing
required by (a) above shall be:
(1) Sent by certified mail, return receipt
requested; or
(2) Delivered in hand, in which
case a signed acknowledgment from the recipient that the notice was received
shall be obtained.
(c) Each filing
required by (a) above shall be made no later than the date the applicant
submits the application to the department, but not earlier than 30 days before
that date.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.07 Municipality
and District.
(a) The applicant
for a new permit pursuant to Env-Sw 311 through Env-Sw 314 or a type I, type III and type IV permit modification pursuant to Env-Sw 315
shall provide to each of the following entities a copy of the complete
application and a notice of filing containing the information specified in
Env-Sw 303.05(e) and, if applicable, (c) below:
(1) The host municipality and other affected
municipalities as specified by (b) below, which in the case of:
a. A town, shall be sent to the town clerk and selectmen;
b. A city, shall be sent to the city clerk and
mayor and city council; and
c. An unincorporated town or place, shall be
sent to the county commissioners; and
(2) The chairperson of the host solid waste
management district and other affected districts as specified by (b) below.
(b) If the requested
approval directly affects a service provided by a specific municipality(s) or
district(s) besides the host municipality and host solid waste management
district, for instance an application to expand or reduce the permitted service
area of a limited public facility used or to be used by a non-host municipality
or district, then the applicant shall also provide a copy of the application
and notice of filing to each municipality and district so affected.
(c) If the requested
approval involves any activity which is a potential contamination source in a
groundwater protection area classified as GAA or GA-1 pursuant to RSA 485-C,
the notice sent to the municipality shall also provide the information required
by Env-Sw 303.08.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.08 Notice
for GAA and GA-1 Groundwater Protection Areas. The applicant for approval for any activity
which is a potential contamination source in a groundwater protection area
classified as GAA or GA-1 pursuant to RSA 485-C shall provide to the affected
local entity as defined by RSA 485-C:2, X:
(a) A copy of the
complete application; and
(b) A notice of
filing containing:
(1) The information specified in Env-Sw
303.05(e); and
(2) A statement that the department shall suspend
action on the application for 30 days following the filing to allow the
municipality and local entity to submit written recommendations concerning the
proposed project, as provided in RSA 485-C:14.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 303.09 Notices
for Areas of Threatened or Endangered Species.
(a) The applicant
for any approval relating to a proposed activity located in an area of
threatened or endangered species shall provide a copy of the complete
application and a notice of filing as specified in (b) below to each of the
following entities:
(1) The
(2) The
(b) The notice of
filing shall contain the following information:
(1) The information specified in Env-Sw
303.05(e); and
(2) A request for the recipient(s) of the notice
to submit to the department, within 30 days following the notice of filing,
written comments concerning the adequacy of the application relative to
protecting threatened or endangered species pursuant to Env-Sw 1002.03.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff
7-1-14
Env-Sw 303.10 Notice
for Airport Proximity. The applicant
for approval to manage putrescible waste within the protective radius of certain
airports as specified in Env-Sw 1002.04(c) shall provide the following
information to the federal aviation administration (FAA):
(a) A copy of the
complete application;
(b) A notice of filing
containing:
(1) The information specified in Env-Sw
303.05(e); and
(2) A request for the FAA to submit to the
department, within 30 days following the notice of filing, written comments
concerning the adequacy of the application relative to satisfying the
requirements of Env-Sw 1002.04(c).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 303.11 Notice
for Designated River Areas.
(a) The applicant
for approval of a proposed activity affecting any river or segment designated
under RSA 483 shall provide a copy of the complete application and a notice of
filing, as specified in (b) below, to:
(1) The department’s rivers coordinator
established pursuant to RSA 483:3; and
(2) The chairman of the
applicable local river management advisory committee established pursuant to
RSA 483:8.
(b) The notice of
filing shall contain:
(1) The information specified in Env-Sw
303.05(e); and
(2) A request for the
recipient(s) of the notice to submit to the department, within 30 days
following the notice of filing, written comments concerning the adequacy of the
application relative to satisfying the requirements of RSA 483.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 303.12 Notice
to Department of Justice. Applicants
required pursuant to Env-Sw 316.02(a) to provide information to the NHDOJ for
background investigation purposes shall provide, with the information, a notice
of filing containing the information specified in Env-Sw 303.05(e).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
303.13 Compliance Status and History.
(a) All applicants, except emergency permit
applicants, shall submit compliance information with the application, as
specified by (b) and (c), below.
(b) Applicants for a permit-by-notification shall
submit compliance certification in accordance with Env-Sw 303.14.
(c) Applicants for a standard permit, research
and development facility permit, waiver, or permit modification shall submit
either:
(1) Compliance
certification pursuant to Env-Sw 303.14; or
(2) If unable
to certify compliance pursuant to Env-Sw 303.14, a compliance report pursuant
to Env-Sw 303.15.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #12404, eff
10-21-17
Env-Sw 303.14 Compliance
Certification.
(a) The applicant
shall certify that each of the statements listed in (b) below are true for each
of the following individuals and entities:
(1) The applicant;
(2) The owner;
(3) The facility operator;
(4) All individuals and entities holding 10% or
more of the applicant’s debt or equity;
(5) All of the applicant’s officers, directors,
and partners;
(6) All individuals and entities having
managerial or supervisory or substantial decision-making authority and
responsibility for the management of facility operations or the activity(s) for
which approval is being sought; and
(7) For a research and development permit, the
lead investigator.
(b) The applicant
shall certify that each of the following statements are true:
(1) No individual or entity listed in (a) above
has been convicted of or plead guilty or no contest to a felony in any state or
federal court during the 5 years before the date of the application;
(2) No individual or entity listed in (a) above
has been convicted of or plead guilty or no contest to a misdemeanor for a
violation of environmental statutes or rules in any state or federal court
during the 5 years before the date of the application;
(3) No individual or entity listed in (a) above
has owned or operated any hazardous or solid waste facility which has been the
subject of an administrative or judicial enforcement action for a violation of
environmental statutes or rules during the 5 years before the date of the
application;
(4) No individual or entity listed in (a) above
has been the subject of any administrative or judicial enforcement action for a
violation of environmental statutes and rules during the 5 years before the
date of the application;
(5) All hazardous and solid waste facilities
owned or operated in
a. All applicable environmental statutes, rules,
and department permit requirements; or
b. A department approved schedule for achieving
compliance therewith;
(6) All individuals and entities listed in (a)
above are in compliance with all civil and criminal penalty provisions of any
outstanding consent agreement, settlement, or court order to which the
department is a party;
(7) All individuals and entities listed in (a)
above have paid, or are in compliance with the payment schedule for any
administrative fine assessed by the department; and
(8) All individuals and entities listed in (a)
above are in compliance with all terms and conditions under every
administrative order, court order or settlement agreement relating to programs
implemented by the department.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 303.15 Compliance
Report.
(a) Applicants
unable to certify compliance pursuant to Env-Sw 303.14 shall submit a
compliance report as specified by (b) below.
(b) The compliance
report shall include:
(1) A complete explanation of the circumstances
which cause any statement in Env-Sw 303.14(b)(1) through (b)(8) to be untrue;
(2) For each circumstance which causes a
statement in Env-Sw 303.14(b)(1) through (b)(8) to be untrue, an explanation as
to why the department should not find it to be grounds for denying the
requested approval pursuant to the provisions of RSA 149-M:9,IX or X; and
(3) For each circumstance which causes a statement
in Env-Sw 303.14(b)(5) through (b)(8) to be untrue, a plan and schedule by
which the applicant proposes to achieve full compliance.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 304 APPLICATION REVIEW
Env-Sw
304.01 Applicability. The rules in this part shall apply to all
persons filing applications for the following approvals:
(a) New permits pursuant to Env-Sw 311 through
Env-Sw 314;
(b) Modification of existing permits, pursuant to
Env-Sw 315, including permit transfer and permit renewal applications;
(c) Waivers of any requirement of the solid waste
rules, pursuant to Env-Sw 202; and
(d) Applications to certify the distribution and
use of wood ash pursuant to Env-Sw 1700.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.02 Application Receipt.
(a) Upon receipt of an application, the
department shall determine whether the application filing requirements in
Env-Sw 303 have been met.
(b) Applications filed contrary to Env-Sw 303
shall not be accepted for processing.
(c) Except as provided in (d) below, an
application filed contrary to Env-Sw 303 shall be held by the department while
the applicant is notified of the deficiency and given an opportunity to correct
the deficiency. If the applicant fails
to correct the deficiency within 10 working days or within a mutually agreed
time, the department shall return the application as filed, with a written
explanation as to the reason(s) for returning the application.
(d) An application for a permit-by-notification
pursuant to Env-Sw 311 or for a type III permit modification pursuant to Env-Sw
315, if filed contrary to Env-Sw 303, shall not be held as described in (c)
above and shall be denied in accordance with Env-Sw 305.03(c) and (d).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.03 Application Completeness
Determination.
(a) Within 60 days, after the date an application
is filed in accordance with Env-Sw 303, the department shall determine that the
application is complete if the application satisfies the content and format
requirements specified by the solid waste rules for the type of application
filed.
(b) If the applicant
submits any information to complete or amend the application between the date
of initial filing and the date the department determines the application is
complete, the 60-day review time shall be measured from the date of latest
submittal.
(c) If the
application is incomplete, the provisions in Env-Sw 304.04 and Env-Sw 304.05
shall apply.
(d) If the
application is complete, the provisions of Env-Sw 304.06 shall apply.
(e) Notwithstanding
any other provision of this part, the department shall suspend the processing
of any application when required by other provisions of law, including RSA
485-C:14. No portion of the suspension
time shall be included in computing the time spent processing the application.
(f) The department
shall not determine that an application is complete until all disclosure forms
required pursuant to Env-Sw 316 have been filed by the applicant with the
NHDOJ.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.04 Incomplete Applications.
(a) Except as provided in (c) through (f) below,
if an application is determined to be incomplete, the department shall provide
written notice to the applicant wherein:
(1) The applicant, type of application and all documents that constitute
the incomplete application shall be identified;
(2) The deficiencies shall be identified;
(3) Instructions
shall be provided for completing the application, including the name, title,
mailing address and telephone number of the agency official or employee who may
be contacted regarding the application; and
(4) The
applicant shall be alerted to the application dormancy provisions specified in
Env-Sw 304.05(d).
(b) A copy of the notice of incompleteness shall
be sent by the department to all persons and entities to whom the applicant was
required to provide a copy of the initial application pursuant to Env-Sw 303.
(c) If an incomplete application provides
information sufficient for the department to determine that the proposed
activity does not meet the requirements of the solid waste rules and requires
substantial revision to meet said requirements, or that any other provision for
denial exists as provided in Env-Sw 305, the department shall deny the
requested approval and send written notice thereof in accordance with Env-Sw
305, in lieu of deeming the application incomplete.
(d) Applications for permits-by-notification
pursuant to Env-Sw 311 and type III permit modifications pursuant to Env-Sw
315, if incomplete upon initial submittal, shall be denied pursuant to Env-Sw
305.03(c) through (e).
(e) The department
shall notify the applicant by telephone in lieu of providing a written notice
of incompleteness if:
(1) The missing
information is incidental to the substance of the application, such as missing
certified mail receipts or missing pre-addressed envelopes;
(2) The
anticipated time required of the applicant to correct the deficiency is less
than the anticipated time required of the department to notify the applicant in
writing; and
(3) The
department is able to contact the applicant by telephone.
(f) If the department provides notice of incompleteness
pursuant to (e) above, the department shall specify in the verbal notice:
(1) A
reasonable time period for correcting the deficiency, after which time written
notice will be sent by the department in accordance with (a) and (b) above, if
no response by the applicant is received by the department; and
(2) That the
applicant is required to also send a copy of the response, with a cover letter
stating the reason for providing the additional information, to all persons and
entities identified in Env-Sw 303 to whom the applicant was required to provide
a copy of the initial application.
(g) Upon notifying an applicant that the
application is incomplete, the department shall suspend further processing of
the application pending receipt of the additional information requested.
(h) No portion of the time between the date a
notice of incompleteness is provided and the date the applicant responds shall
be included in computing the time limits for processing the application.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.05 Completing an Incomplete
Application.
(a) Information submitted to the department by an
applicant to complete an incomplete application shall be filed in accordance
with Env-Sw 303 and, if applicable, (b) below.
(b) The applicant shall:
(1) Provide a
copy of all information submitted to complete an incomplete application to each
person and entity identified in Env-Sw 303 to whom the applicant was required
to provide a copy of the initial application; and
(2) Provide to
the department a written and signed statement attesting to the same.
(c) Information received to complete an
incomplete application shall be reviewed by the department in accordance with
Env-Sw 304.02 and Env-Sw 304.03.
(d) The applicant shall submit all information
required to complete an incomplete application within one year from the date
the application is initially deemed incomplete.
An incomplete application that becomes a dormant application as defined
by Env-Sw 102 shall be deemed denied without further action by the department.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.06 Complete Applications.
(a) When the department determines that an
application is complete, the department shall provide written notice to the
applicant wherein:
(1) The
applicant, type of application, and all documents that constitute the complete
application are identified;
(2) The
application is deemed complete;
(3) The dates
and arrangements for a public hearing pursuant to Env-Sw 304.08 are identified,
if known by the time notice of completeness is given; and
(4) The name,
title, mailing address and telephone number of the department official or
employee who may be contacted regarding the application is provided.
(b) A copy of the notice of completeness shall be
sent by the department to all persons and entities to whom the applicant was
required to provide a copy of the application pursuant to Env-Sw 303.
(c) A notice of completeness and a notice of
decision pursuant to Env-Sw 305 shall be combined, if a public hearing will not
be held and the department has completed a technical review of the application
as required by Env-Sw 304.07.
(d) A permit-by-notification pursuant to Env-Sw
311 and a type III permit modification pursuant to Env-Sw 315 shall be approved
in accordance with Env-Sw 305 upon determining the application is complete.
(e) A determination of completeness by the
department that is not accompanied by a final decision on the application shall
not be construed as a determination of the viability of the requested approval.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.07 Technical Review.
(a) Except as provided in (c) below, a complete
application shall undergo a technical review by the department to determine:
(1) Whether the proposed activity meets
all applicable criteria for issuance as specified in the solid waste rules; or
(2) Whether a condition for denial, as
specified in Env-Sw 305, exists.
(b) During the
technical review process, the department shall consider all information
received from the following sources, as applicable:
(1) The applicant;
(2) The abutters, host
municipality, host solid waste management district and other affected entities
responding to notification given by the applicant pursuant to Env-Sw 303;
(3) Persons participating in a public
hearing pursuant to Env-Sw 304.08, if held; and
(4) The NHDOJ pursuant to the
provisions of Env-Sw 316.
(c) For applications
for a permit-by-notification pursuant to Env-Sw 311 and a type III permit
modification pursuant to Env-Sw 315, the department shall not independently
assess whether the proposed activity meets all requirements of the solid waste
rules and shall rely on the applicant’s certification attesting to the same as
specified by Env-Sw 311 and Env-Sw 315.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
304.08 Public Hearing.
(a) A public hearing shall be required for all
permit applications and applications for permit modification, except as
provided by (b) below.
(b) Pursuant to RSA 149-M:9, a public hearing
shall not be required, except as noted in (d) below, for applications to
approve a facility or activity expected to have an insignificant effect on
environmental quality, as specified in (c) below.
(c) Facilities and activities authorized by the
following types of approvals shall be deemed to have an insignificant effect on
environmental quality:
(1) Permits-by-notification
pursuant to Env-Sw 407, Env-Sw 507, Env-Sw 607, and Env-Sw 707;
(2) Emergency
permits;
(3) Research
and development project permits;
(4) Standard
permits for existing facilities operating in compliance with the solid waste
rules under the provisions of a temporary permit;
(5) Standard
permits for limited public collection, storage and transfer facilities;
(6) Type I-B,
type II, type III, type IV and type V permit modifications pursuant to Env-Sw
315;
(7) Construction
approvals pursuant to Env-Sw 1100, including approvals to construct landfill
capping systems; and
(8) Operating
approvals pursuant to Env-Sw 1100.
(d) Pursuant to RSA 149-M:11, IV(a), a public
hearing shall be required for an application:
(1) To
establish a new facility accommodating greater than 30 tons of waste per day,
on average; and
(2) To increase
the capacity of an existing facility from less than to greater than 30 tons per
day, on average.
(e) The department shall provide notice of the
public hearing as specified in (f) through (h) below to the public, the
applicant, the host municipality, the host solid waste management district, and
other affected entities excluding abutters receiving notice pursuant to (i)
below.
(f) Notice to the public shall be by publication
in a newspaper of general circulation in the host municipality and host solid
waste management district.
(g) Notice to the applicant, host municipality,
host solid waste management district and other affected entities, excluding
abutters receiving notice pursuant to (i) below, shall be provided in writing
and sent by first class mail.
(h) The notice of public hearing shall:
(1) Identify
the:
a. Applicant by name and mailing address;
b. Type of application;
c. Nature of
the proposal; and
d. Facility name, location by street and municipality, type and,
if applicable, permit number;
(2) State the
date, time and location of the hearing;
(3) Identify
the location(s) where a copy of the complete application is available for
public review;
(4) State that
testimony may be submitted in writing to the department at any time before the
close of the hearing notice period in lieu of attending or providing oral
testimony at the public hearing;
(5) Request
disabled persons planning to attend the hearing and requiring special
assistance under the provisions of the Americans with Disabilities Act to
contact the department in advance of the hearing to identify the type of assistance
required; and
(6) Provide the
name, title, mailing address and telephone number of the department official or
employee who may be contacted regarding the application and hearing, and to
whom written public hearing testimony may be submitted.
(i) Pursuant to RSA 149-M:9, VIII, the applicant
shall provide a notice of public hearing, as specified in (h) above, to all
abutters by certified mail, return receipt requested. If the applicant or the facility site owner
owns any abutting parcel of land, the notice of hearing shall be sent to the
owner(s) of the next parcel(s) not owned by the applicant or facility site
owner.
(j) The applicant shall make a copy of the
complete application available at a locally accessible place for public review
from the date the hearing notice is first provided through the date the hearing
record is closed by the department.
(k) Upon instruction by the department, the
applicant shall make arrangements for locating the public hearing as specified
by (l) below.
(l) The public hearing shall be held at a
location that:
(1) Is within
the host municipality or, in the case of an unincorporated town or unorganized
place, in the host county;
(2) Provides
access for disabled persons in conformance with Title II of the Americans with
Disabilities Act as provided in public law 101-336;
(3) Provides
adequate seating and parking for the number of persons anticipated to attend;
and
(4) Provides a
public address system as appropriate for the size of the hearing room and the
anticipated number of attendees.
(m) Pursuant to Env-Sw 310, the applicant shall
pay the cost, if any, for:
(1) Hearing notice
publication;
(2) Rental of
the hearing room;
(3) Hiring
security personnel for crowd control if, based on the nature of the application
and indications of public interest, the department or the host municipality
determines crowd control measures will be required to protect the public health
and safety; and
(4) Hiring
interpreters for disabled persons or providing other such services when
required to comply with the Americans with Disabilities Act.
(n) The department shall conduct the hearing in
accordance with the provisions of Env-C 200 applicable to non-adjudicative
hearings.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 305 APPLICATION DECISIONS
Env-Sw
305.01 Applicability. The rules in this part shall apply to all
applications reviewed in accordance with Env-Sw 304.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
305.02 Decision on Application.
(a) Following completion of the review procedures
in Env-Sw 304 and within either 120 days following the receipt date of the
complete application or 30 days following a public hearing held pursuant to
Env-Sw 304.08(d) and RSA 149-M:11, IV(a), whichever occurs latest, the
department shall either issue or deny the requested approval, in writing.
(b) A decision for denial shall be made pursuant
to the provisions of Env-Sw 305.03.
(c) A decision for issuance shall be made
pursuant to:
(1) Env-Sw
305.04;
(2) Env-Sw
305.05, if for a permit; and
(3) Env-Sw
305.06, if for a permit modification.
(d) The applicant and all persons and entities to
whom the applicant was required to provide a copy of the application pursuant
to Env-Sw 303 shall be notified of the decision in writing by the department.
(e) Pursuant
to RSA 149-M:9, XII(b), the final decision on an application for a type IV
permit modification to transfer a permit shall not be made until at least 30
days after the public hearing, if held.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 305.03 Denial of a Requested Approval.
(a) The written decision for denial shall:
(1) Identify the applicant, type of application and
all documents that constitute the complete application or, if the decision for
denial is made without a complete application pursuant to Env-Sw 304.04(c), all
documents submitted by the applicant that form the basis of the decision;
(2) State the
specific reason(s) for the denial based on (b) below;
(3) Identify
the applicable provisions for appeal pursuant to RSA 21-O:9, V;
(4) Provide the
name, title, mailing address and telephone number of the department official or
employee who may be contacted regarding the decision; and
(5) Be signed
by the director or a person so authorized by the director.
(b) A requested approval shall be denied if one
or more of the following conditions applies:
(1) The
proposed activity does not meet the applicable requirements of RSA 149-M and
the solid waste rules;
(2) The application provides insufficient or ambiguous
information that precludes a determination that the proposed approval will
comply with RSA 149-M and the applicable requirements of the solid waste rules,
and the deficiencies are so substantial as to not be remedied by subjecting the
approval to compensating terms and conditions;
(3) The
department determines that the applicant meets the criteria for denial pursuant
to RSA 149-M:9, IX;
(4) The
applicant has not demonstrated its legal right to occupy the subject property;
(5) As required by RSA 483:12-a, the department is
notified by the rivers coordinator that a proposed activity violates a
protection measure under RSA 483:9, RSA 483:9-a, or RSA 483:9-b;
(6) The
application becomes a dormant application;
(7) The application is for a permit-by-notification
and the applicant is unable to provide compliance certification pursuant to
Env-Sw 303.14; or
(8) The
application meets any other provision for denial as specified in the solid
waste rules for the particular type of application reviewed.
(c) An
application for a permit-by-notification pursuant to Env-Sw 311 or a type III
permit modification pursuant to Env-Sw 315 shall be denied based on (b)(2)
above if the application is filed contrary to the requirements in Env-Sw 303 or
is not complete upon initial filing.
(d) In conformance with (a) above, notice for
denial pursuant to (c) above shall be made by sending to the applicant, host
municipality and host solid waste district a copy of the notification form
which:
(1) Bears the
department’s dated receipt stamp;
(2) Is clearly
marked “incomplete/denied”;
(3) Is marked
to identify the deficiencies;
(4) Is
imprinted with the information required by (a)(3) above;
(5) Is signed
and dated by the director or person so authorized by the director; and
(6) Is stapled
to a business card bearing the information required by (a)(4) above.
(e) Denial of a permit-by-notification or a type
III permit modification due to improperly filing or completing the application
upon initial filing shall not preclude the applicant from later obtaining an
approval by properly submitting a complete notification.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff
10-21-17
Env-Sw 305.04 Issuance of Any Requested Approval.
(a) The written decision for any approval shall:
(1) Identify
the person to whom the approval is granted;
(2) Identify
the type of approval and authority for issuance;
(3) Identify
all documents that constitute the complete application;
(4) Specify the
terms and conditions under which the approved activity is authorized,
including:
a. The date the
approval will be effective;
b. The
expiration date, if any, and provisions for renewal as applicable; and
c. The
information specified in:
1. Env-Sw
305.05, if a facility permit; and
2. Env-Sw
305.06, if a facility permit modification; and
(5) Be signed
and dated by the director or a person so authorized by the director.
(b) An approval granted by the department shall
not affect the applicant’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 approved activity.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 305.05 Issuance of Permits.
(a) A standard permit, emergency permit,
permit-by-notification, or research and development facility permit shall:
(1) Be issued
in conformance with Env-Sw 305.04;
(2) Specify the
functional classification of the facility pursuant to Env-Sw 302;
(3) Specify
that the facility must be constructed, operated and closed in accordance with
RSA 149-M and the solid waste rules;
(4) Identify
all plans approved by the department as part of the permit and incorporate said
plans by reference into the terms and conditions of the permit; and
(5) Include
terms and conditions, based on the information provided in the permit
application and in conformance with the applicable facility requirements in
Env-Sw 400 through Env-Sw 1200 and Env-Sw 1400, for the following:
a. Facility
location;
b. Facility
design;
c. Facility
construction;
d. Facility
operation, including:
1. Operating
restrictions including:
(i) Facility
function;
(ii) Capacity;
(iii) Service
type;
(iv) Service
area; and
(v) Authorized
and prohibited waste types;
2. Public
benefit requirements pursuant to RSA 149-M:11;
3. Maintenance
and monitoring requirements; and
4. Reporting
requirements;
e. Financial
assurance for guaranteeing the cost of facility closure; and
f. Facility
closure, including post-closure requirements.
(b) Except for a permit-by-notification,
emergency permit not exempt pursuant to Env-Sw 313.02(b) or research and
development permit not exempt pursuant to Env-Sw 312.02(b), a permit issued on
the basis of a permit application containing preliminary as opposed to final
plans for facility design and construction, operation, financial assurance or
closure, shall include terms and conditions requiring the permittee to obtain
final plan approval pursuant to the provisions of Env-Sw 315 for a type II
permit modification.
(c) A standard permit issued for a facility that
will be constructed in phases over time, such as a landfill, shall specify terms
and conditions requiring the permittee to obtain final design plan approval for
construction on a phase by phase basis pursuant to the provisions in Env-Sw 315
for a type II permit modification.
(d) Pursuant to the provisions of RSA 149-M:9,
XI, a facility permit shall be continuous in duration, extending from the date
of signature through any required post-closure period, except as provided by
(e) below and Env-Sw 306.
(e) Pursuant to the provisions of RSA 149-M:11,
XI, a permit shall expire as follows:
(1) A standard
permit issued pursuant to Env-Sw 314 for a new facility shall expire 2 years
from the date of issuance if the permittee has not obtained approval to
construct the facility pursuant to the provisions of Env-Sw 1104, unless the
permit specifically exempts the facility from the 2 year construction deadline
on the basis of a demonstration of public benefit that accounted for a later
construction date;
(2) A
permit-by-notification issued pursuant to Env-Sw 311 shall expire:
a. For a
facility with an active life longer than 90 days, one year from the date of
issuance if facility construction has not commenced; and
b. For a
facility with an active life of 90 days or less, 90 days from the date the
facility will commence operations, as declared in the application;
(3) An
emergency permit issued pursuant to Env-Sw 313 shall expire following
completion of the emergency response actions and facility closure requirements
identified in the permit; and
(4) A research
and development facility permit shall expire following completion of the
studies and facility closure requirements identified in the permit.
(f) Any proposed change to the location, design,
operation or closure of a facility as permitted by the department shall require
approval pursuant to Env-Sw 315 and Env-Sw 305.06, except as noted in (g) below.
(g) A permit-by-notification issued pursuant to
Env-Sw 311 shall not be modified, except if the modification is a type III or
type V modification pursuant to Env-Sw 315 or a permit transfer pursuant to
Env-Sw 1202.06(d). Any other
modification of a permit-by-notification facility shall be authorized only by
issuance of a new permit-by-notification for the modified facility.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 305.06 Issuance of Permit Modifications.
(a) A facility permit modification granted
pursuant to Env-Sw 315 shall:
(1) Be issued
in conformance with Env-Sw 305.04;
(2) Identify the
permit which is being modified, including the facility:
a. Name;
b. Location;
and
c. Permit
number;
(3) Stipulate
how the permit is being modified, including citation of each condition of the
permit that is modified;
(4) Identify
all plans approved by the department as part of the modification and
incorporate such plans by reference into the terms and conditions of the
permit; and
(5) Be signed
and dated by the director or a person so authorized by the director.
(b) In conformance with (a) above, a type III and
type V permit modification granted pursuant to Env-Sw 315 shall be issued by:
(1) Having the
form imprinted and prepared to include all of the information specified by
Env-Sw 305.04;
(2) Marking the
notification form “approved”;
(3) Affixing
the department’s dated receipt stamp to the form; and
(4) Having the
form signed and dated by the director or person so authorized by the director.
(c) A form, processed as specified in (b) above,
shall constitute the approved permit modification for the
permit-by-notification facility.
(d) Upon receipt of an approved permit
modification, the permittee shall attach the approval to the permit and
maintain a copy thereof as part of the facility operating records.
(e) In the case of a type V permit modification
issued pursuant to Env-Sw 315 for the purpose of recording a name change, the
approval shall expire unless the permittee:
(1) Publishes a
notice of the name change in a newspaper of general circulation in the host
municipality and host solid waste district within 10 days after the effective
date of the modification; and
(2) Sends a
copy of the published notice to the department within 10 days following
publication.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 306 REVOCATION AND SUSPENSION
Env-Sw
306.01 Purpose. The purpose of the rules in this part is to
establish procedures by which the department shall revoke, suspend or modify a
permit issued pursuant to RSA 149-M and the solid waste rules.
Source. (see Revision Note at chapter heading for
Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
306.02 Applicability.
(a) The rules in this part shall apply to actions
by the department to revoke, suspend or modify a permit issued pursuant to RSA
149-M and the solid waste rules.
(b) As used in this part:
(1) “Permit”
means any permit, license, registration, or other approval issued by the department
under RSA 149-M and the solid waste rules; and
(2) “Permittee”
means the person to whom the permit was issued.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
306.03 Procedure.
(a) Revocation, suspension or modification of a
permit by the department shall proceed in accordance with RSA 541-A:30 and this
part.
(b) If, pursuant to investigation or inspection
in accordance with Env-Sw 2000, the department determines there may be good
cause for revocation, suspension or modification, as specified in Env-Sw
306.05, the permittee shall be so notified in writing by certified mail, return
receipt requested, and provided an opportunity for an adjudicative hearing.
(c) Written notice provided pursuant to (b)
above, shall:
(1) Identify:
a. The facility
by name, location and permit number;
b. The
action(s) the department proposes to take;
c. The
reason(s) for the proposed action(s);
d. The
department’s authority for taking such action(s);
e. The date,
time and place for an adjudicative hearing; and
f. The name,
title, mailing address and telephone of the department official or employee who
may be contacted regarding the notice;
(2) State that:
a. The
permittee may waive the right to an adjudicative hearing by so notifying the
department in writing within 5 days after the notice receipt date;
b. If the
permittee either waives the right to a hearing or fails to appear at the
hearing, the proposed action shall become immediately effective; and
c. Written
notice of the department’s final action shall be provided by certified mail,
return receipt requested;
(3) Be dated
and signed by the director or a person so authorized by the director; and
(4) Be sent by
first class mail to the host municipality and host solid waste management
district.
(d) The adjudicative hearing shall proceed in
accordance with the provisions of Env-C 200 applicable to adjudicative
proceedings.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 306.04 Decision.
(a) A permit shall be revoked if the department
determines, following the procedures in Env-Sw 306.03, that:
(1) Good cause
as provided in Env-Sw 306.05 exists; and
(2) There are
no circumstances by which the permittee can correct or eliminate the underlying
problem.
(b) A permit shall be suspended if the department
determines, following the procedures in Env-Sw 306.03, that:
(1) Good cause
as provided in Env-Sw 306.05 exists; and
(2) Given time
to do so, the permittee can correct the underlying problem and thereafter
resume facility operations in full compliance with the solid waste rules.
(c) A permit shall be modified by the department
if the department determines, following the procedures in Env-Sw 306.03, that:
(1) Good cause
as provided in Env-Sw 306.05 exists; and
(2) The
underlying problem can be corrected or eliminated by changing a condition(s) of
the permit.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
306.05 Good Cause. The following shall provide good cause to
revoke, suspend or modify a permit:
(a) A criteria for revocation or suspension as
provided in RSA 149-M:12 exists;
(b) Issuance of the permit was based on false or
misleading information; or
(c) The permittee or the facility meets any other
criteria for permit denial as specified in Env-Sw 305.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 307 STATUS OF EXISTING PERMITS
Env-Sw
307.01 Purpose.
(a) The purpose of the rules in this part is to:
(1) Classify
existing permits according to the system of permits specified in Env-Sw 302 so
as to clearly identify how the existing permits will be administered by the
department; and
(2) Specify
procedures by which the department will reissue an existing permit, if
requested by the permittee, for the sole purpose of rewording the terms and
conditions to clarify but not modify facility requirements under RSA 149-M, the
solid waste rules, and the permit.
(b) There is no intent by the rules in this part
to modify the conditions of any existing permit.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.02 Applicability. The rules in this part shall apply to those
permits granted under the authority of RSA 149-M prior to October 29, 1997 that
remain in effect.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.03 Status of Permits Issued Prior
to July 1, 1991.
(a) A permit issued pursuant to RSA 149-M prior
to July 1, 1991 shall be titled and administratively classified as a “standard
permit” under the solid waste rules, except as provided in Env-Sw 307.10.
(b) The terms and conditions of the permit shall
remain unchanged until such time as the permit is modified, retired, or
otherwise terminated in accordance with the rules in this chapter.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.04 Status of Permits Issued
Between June 30, 1991 and October 29, 1997.
(a) Each of the following types of permits issued
pursuant to RSA 149-M between June 30, 1991 and October 29, 1997 shall be
titled and administratively classified as a “standard permit” under the solid
waste rules, except as provided in Env-Sw 307.10:
(1) Standard
permit;
(2) Limited
permit for existing facility; and
(3) Limited
permit for new facility.
(b) A research and development permit issued pursuant
to RSA 149-M between June 30, 1991 and October 29, 1997 shall remain titled and
administratively classified as a “research and development permit” except as
provided in Env-Sw 307.10.
(c) For each permit identified in (a) or (b)
above, the terms and conditions of the permit shall remain unchanged until such
time as the permit is modified, retired, or otherwise terminated in accordance
with the rules in this chapter.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.05 Status of Temporary Permits.
(a) A temporary permit issued pursuant to RSA
149-M between June 30, 1991 and October 29, 1997 shall remain titled and
administratively classified as a “temporary permit” under the solid waste
rules, except as provided in Env-Sw 307.10.
(b) Temporary permits shall be administered as specified
in Env-Sw 307.06 through Env-Sw 307.09.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.06 Administration of Temporary
Permits.
(a) Temporary permits shall be subject to call by
the department pursuant to the provisions of Env-Sw 307.07.
(b) A facility which ceased operations prior to
issuance of the temporary permit or which ceases to operate after issuance of
the temporary permit shall not resume operations under the provisions of the
temporary permit, except pursuant to a notice of temporary cessation as
provided in Env-Sw 1106.05.
(c) Until required to close pursuant to Env-Sw
307.08 or Env-Sw 307.09, an operating facility with a temporary permit may
continue operating under its temporary permit provided that the facility
complies with the terms and conditions of the temporary permit, Env-Sw 1000,
Env-Sw 1105, and the provisions of Env-Sw 405, Env-Sw 505, Env-Sw 605, Env-Sw
705, or Env-Sw 806 as applicable based on the functional classification of the
facility, except:
(1) There shall
be no requirement to provide a written operating plan; and
(2) The
operating requirements applicable to liners and leachate collection and removal
systems shall not apply to unlined landfills.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.07 Call of Temporary Permits.
(a) The department shall determine the priority
for call of all temporary permits not called on October 29, 1997, as follows:
(1) Priority
shall be assigned to landfills consistent with the criteria provided in RSA
149-M:49; and
(2) Priority
shall be assigned to non-landfill facilities based on the hierarchy established
in RSA 149-M:3, with highest priority given to facilities lowest in the
hierarchy.
(b) The department shall call temporary permits
in order of the facility’s assigned priority by notifying the permittee in
writing.
(c) Written notice provided pursuant to (b) above
shall instruct the permittee to comply with Env-Sw 307.08 or Env-Sw 307.09, as
applicable.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.08 Landfills with Temporary Permits.
(a) A landfill holding a temporary permit shall
close in accordance with Env-Sw 1006, Env-Sw 1106, and Env-Sw 807.
(b) Following call of a temporary landfill
permit, the permittee shall:
(1) Within 60
days of the date of call, submit to the department for approval a schedule for
developing and implementing a facility closure plan that meets the requirements
of (a) above;
(2) By the date
specified in the schedule approved by the department pursuant to (1) above,
submit a facility closure plan as specified in Env-Sw 1106; and
(3) Implement
facility closure in accordance with the closure plan and schedule approved by
the department pursuant to Env-Sw 1106.
(c) A temporary landfill permit shall remain in
effect for the duration of the required closure and post-closure period.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
307.09 Non-Landfill Facilities with
Temporary Permits.
(a) Following call of a temporary permit for an
inactive non-landfill facility pursuant to Env-Sw 307.07(a)(1), the permittee
shall either:
(1) Implement
facility closure in accordance with the requirements of Env-Sw 1106; or
(2) Submit
documentation demonstrating that the facility is already closed in accordance
with the requirements of Env-Sw 1106.
(b) Following call of a temporary permit for an
active non-landfill facility pursuant to Env-Sw 307.07(b)(2) or (c), the
permittee shall either:
(1) Within one
year of the date of call, file an application for a standard permit pursuant to
Env-Sw 314 or a permit-by-notification pursuant to Env-Sw 311; or
(2) Implement
facility closure in accordance with the requirements of Env-Sw 1106.
(c) If, pursuant to Env-Sw 307.07(a)(2), the
permit is called due to inability to certify compliance pursuant to Env-Sw
307.06, the facility shall either:
(1) Cease
operations and implement facility closure in accordance with the requirements
of Env-Sw 1106; or
(2) Obtain a
waiver pursuant to Env-Sw 202 to continue operating subject to implementing a
plan to achieve full compliance within one year of the date of permit call and
pending final action on a permit application filed pursuant to (b)(1) above.
(d) An active non-landfill facility shall be required
to implement closure in accordance with the requirements of Env-Sw 1106 if:
(1) It fails to
complete in a timely fashion any permit application filed pursuant to (b)(1)
above;
(2) The
department denies the permit application; or
(3) A provision
for closure pursuant to Env-Sw 1006 exists.
(e) A temporary permit for a non-landfill
facility shall be retired:
(1) Upon
issuance of a standard permit or permit-by-notification for the same facility;
or
(2) Upon
written notice thereof to the permittee by the department, following full
closure of the facility and the end of any required post-closure monitoring and
maintenance period.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 307.10 Exceptions to Designated Permit Titles and
Classifications.
(a) Any person holding a permit identified in
Env-Sw 307.02 through Env-Sw 307.05 and believing that the activity(s)
authorized in the permit are the same as an activity(s) now exempt from a
permit pursuant to Env-Sw 101.03, Env-Sw 302.03, Env-Sw 408, Env-Sw 508, Env-Sw
608, Env-Sw 708, or Env-Sw 808, may
request the department to review the terms and conditions of the permit to
determine whether the permit shall be retired in favor of the comparable permit
exemption.
(b) Within 120 days of receipt of a request
pursuant to (a) above, the department shall review the terms and conditions of
the permit to determine whether the facility meets the requirements of a
permit-exempt facility.
(c) If the department determines that the
facility meets the requirements of a permit-exempt facility, the original
permit shall be retired.
(d) The department shall notify the permittee in
writing of its decision within 30 days of making the decision.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 307.11 Provisions for Reissuing an Existing
Permit.
(a) A permittee may request the department to
reissue an existing permit for the sole purpose of rewording the terms and
conditions to clarify but not modify requirements applicable to the facility
under RSA 149-M, the solid waste rules and the permit.
(b) A request pursuant to (a) above shall be made
in writing, to include:
(1) Facility
identification, including name, location by street and municipality, and permit
number;
(2) Permittee
identification, including name, mailing address and telephone number;
(3) A statement
requesting the department to initiate action to reissue the permit pursuant to
the rules in this section;
(4) Date of the
request; and
(5) Signature
of the permittee.
(c) Within 120 days of receipt of a request as
specified by (b) above, the department shall review the terms and conditions of
the permit to determine whether reissuance of the permit will have an administrative
benefit to both the department and the permittee, based on the criteria
provided by (d) below.
(d) There shall be an administrative benefit to
reissuing a permit if:
(1) The permit
was originally issued by the predecessor agency to the department, the division
of public health services; or
(2) The terms
and conditions of the permit include references to rules, statutes or
regulations either no longer in effect or amended to such an extent as to make:
a. The legal
meaning of the terms and conditions unclear without knowing the history of the
cited rules, statutes or regulations; or
b. A plain
reading of the terms and conditions to be an incorrect legal meaning.
(e) If there is an administrative benefit to
reissuing the permit, the department shall prepare and send a preliminary draft
of the rewritten permit to the permittee for review and comment within 60 days
of determining that there is an administrative benefit.
(f) Within 60 days of receipt of comments by the
permittee on the preliminary draft, the department shall prepare and send a
proposed final draft of the rewritten permit to the permittee for review and
response pursuant to (g) below.
(g)
Following receipt of a proposed final draft of the rewritten permit, the
permittee shall notify the department within 60 days as to which of the
following actions shall be taken:
(1) Because the
permittee agrees that the proposed final draft permit meets the objective for
reissuance, namely clarification, and does not constitute a modification of the
permit as shall otherwise proceed in accordance with Env-Sw 306, the department
shall proceed to reissue the permit in the form presented by the proposed final
draft; or
(2) Because the
permittee disagrees that the proposed final draft permit meets the objective
for reissuance, namely clarification, or believes the proposed final draft
permit constitutes a modification of the permit under RSA 541-A, the permittee shall:
a. Withdraw the
request for reissuance; or
b. Agree to proceed with reissuance in accordance with
the modification procedures specified in Env-Sw 306, including the opportunity
for an adjudicative hearing pursuant to RSA 541-A:30.
(h) The department shall proceed in accordance
with the permittee’s response provided pursuant to (g) above. If the permittee does not respond within the
specified time, the department shall notify the permittee that the existing
permit remains in effect.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 308 RESERVED
PART Env-Sw 309
PRE-1981 LANDFILL REGISTRATIONS
Env-Sw
309.01 Purpose. The purpose of registration of landfills that
stopped receiving waste before July 10, 1981 is to provide the department with:
(a) Documentation demonstrating that the criteria
for exemption in Env-Sw 101.04 applies; and
(b) Information to identify whether an exempt
landfill poses a potential threat to human health and the environment which
requires action under the provisions of other state or federal regulations.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
309.02 Applicability. The rules in this part shall apply to all
persons owning landfills, including asbestos waste sites, which stopped
receiving waste before July 10, 1981 and claiming exemption from the solid
waste rules pursuant to Env-Sw 101.04.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
309.03 Registration Requirement.
(a) Persons identified in Env-Sw 309.02 shall
register in accordance with (b) below.
(b) The following registration information shall
be filed with the department in accordance with Env-Sw 303:
(1) Facility
identification:
(2) Identification
of parties;
(3) If a
written permit has been issued by the department for any other activity at the
facility or site, the following information for each permit so issued:
a. The
permittee’s name, mailing address and telephone number;
b. The permit
number;
c. The type of
permit or description of the activity(s) authorized by the permit; and
d. The date of
issuance;
(4) The
operating status of the facility, including:
a. Whether
active or inactive;
b. The date the
facility commenced operations; and
c. The
remaining facility life expectancy or the date on which the facility ceased
active operation;
(5) The type(s)
of waste management activity(s) conducted at the facility, including:
a. Collection;
b. Storage;
c. Transfer;
d. Processing;
e. Treatment;
f. Landfilling;
or
g. A
combination of a. through f., above;
(6) Type of
service provided by the facility, as defined in Env-Sw 102-104, namely
“limited” or “unlimited”;
(7) The type(s)
of wastes handled at the facility;
(8) Identification
of the service area, including a list of all
(9) For
inactive landfills, an estimated volume of waste at the facility;
(10) For
inactive landfills, a description of the type and depth of cover material
placed over landfilled waste;
(11) If the
facility is active, the days and hours of operation; and
(12) A report
of any environmental assessment done of the facility.
(c) Notification provided to the department in
accordance with Env-Sw 315 of the rules adopted under RSA 149-M effective July
1, 1991 shall constitute registration under this part.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
309.04 Registration Processing.
(a) Within 120 days of receipt of registration
from the owner of a landfill that stopped receiving waste before July 10, 1981,
the department shall:
(1) Review the
information submitted; and
(2) Notify the
facility owner of the requirements of RSA 485 if it determines that the
landfill is a known or suspected source of groundwater or surface water
contamination.
(b) Within 120 days of receipt of registration
from an asbestos waste site that stopped receiving waste before July 10, 1981,
the department shall notify the site owner of requirements for site closure and
post-closure maintenance in compliance with RSA 147-A, RSA 141-E, Env-Sw 2100,
40 CFR Part 61, 29 CFR Part 1910, and 29 CFR Part 1926.
Source. (see Revision Note at chapter heading for
Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 310 FACILITY APPLICATION FEES
Env-Sw
310.01 Applicability. The rules
in this part shall apply to persons filing applications for permits and permit
modifications.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.02 Standard Permit Application
Fees for Facilities Without a Temporary Permit.
(a) The permit application fee (PAF) for a
standard permit for a facility without a temporary permit shall be:
(1) Zero if the
facility is scheduled to close; or
(2) The sum of
the minimum base fee (MBF) as specified in (b) below plus the product of a
capacity factor (CF) as specified in (c) below multiplied by a lifespan index
(LI) as specified in (d) below, plus the cost of completing a background investigation
(BI) pursuant to Env-Sw 316, plus the cost of public notice and hearing (PNH)
pursuant to Env-Sw 304, as illustrated in the following equation:
PAF = MBF + (CF)(LI) + BIF + PNH
(b) The MBF shall be the largest fee specified in
Table 310-I which corresponds to any function encompassed at the facility:
TABLE 310-I
MBF for Single Function Facilities
Facility Type |
Minimum Base Fee (MBF) |
Landfill, lined |
$15,000 |
Landfill, unlined |
$ 5,000 |
Processing/Treatment |
$ 2,000 |
Collection/Storage/Transfer |
$ 2,000 |
(c) The CF shall be determined from Table 310-II
based on the design capacity of the facility in tons per day (TPD), as
demonstrated in the application:
TABLE 310-II
CF Based on Facility Capacity
Facility Capacity (TPD) |
Capacity Factor |
601 or more |
$20,000 |
301 to 600 |
$10,000 |
121 to 300 |
$ 5,000 |
31 to 120 |
$ 2,000 |
30 or fewer |
$ 1,000 |
(d) The LI shall be determined from Table 310-III
based on the designed active life expectancy of the facility, as demonstrated
in the permit application:
TABLE 310-III
LI Based on Facility Life Expectancy
Facility Life Expectancy |
Lifespan Index |
more than 10 years |
1.0 |
more than 5, to 10 years |
0.8 |
more than 1, to 5 years |
0.4 |
1 year or less |
0.1 |
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.03 Standard Permit Application
Fees for Temporary Permit Facilities.
The fee for filing a standard permit application for a temporary permit
facility shall be $500.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.04 Permit-by-Notification Fees. There shall be no fee for filing an
application for a permit-by-notification.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.05 Research and Development
Facility Permit Fee. The fee for a
research and development facility permit application shall be calculated in
accordance with the equation given in Env-Sw 310.02 using the following
substitute values:
(a) The MBF shall equal $1,000; and
(b) The CF shall be determined from Table 310-II
based on the total quantity of waste the project involves instead of the daily
capacity of the facility.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.06 Emergency Permit Application
Fees. There shall be no permit
application fee for an emergency permit.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.07 Type I Permit Modification
Fees.
(a) The fee for filing an application for a type
I-A permit modification as specified in Env-Sw 315.02 shall be the greater of
the following:
(1) $1,500; or
(2) If the
modification will increase the capacity of the facility, the PAF calculated in
accordance with Env-Sw 310.02 using the CF in Table 310-II that corresponds to
the net increase in permitted facility capacity and the LI in Table 310-III
that corresponds to the remaining life of the facility if modified as proposed.
(b) The fee for filing an application for a type
I-B permit modification as specified in Env-Sw 315.02 shall be $100.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.08 Type II Permit Modification
Fee. There shall be no fee for
filing an application for a type II permit modification as specified in Env-Sw
315.02, except as follows:
(a) If the application involves the review of
final design plans and specifications for construction of new landfill area
other than the initial landfill phase, the fee shall equal the product of the
applicable MBF in Table 310-I and the LI in Table 310-III that corresponds to
the life expectancy of the area being constructed; and
(b) If the application involves the review of
final design plans and specifications for construction of a lined landfill
capping system or any portion thereof, the fee shall equal the product of the
applicable MBF in Table 310-I and the ratio of the cap area to the total
permitted footprint, measured in square feet in plan view.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.09 Type III Permit Modification
Fee. There shall be no fee for
filing an application for a type III modification.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.10 Type IV Permit Modification
Fee. The fee for filing an
application for a type IV modification shall equal $1,000 plus the cost of
completing a background investigation (BIF) pursuant to Env-Sw 316 plus the
cost of public notice and hearing (PNH) pursuant to Env-Sw 304.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.11 Type V Permit Modification
Fees. There shall be no fee for a
type V permit modification.
Source. (see Revision Note at chapter heading for
Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
310.12 Payment of Permit Application
Fees.
(a) Fees shall be paid at the time of filing the
application, except for the BIF and PNH portion of the fee which shall be paid
upon presentation of an invoice for the actual costs.
(b) Fees shall be non-refundable.
(c) Fees, if paid by check or money order, shall
be made payable to “Treasurer, State of
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 311 PERMIT-BY-NOTIFICATION REQUIREMENTS
Env-Sw 311.01 Purpose
and Applicability.
(a) The rules in
this part specify provisions for obtaining a permit-by-notification.
(b) A
permit-by-notification shall apply to facilities identified in Env-Sw 407,
Env-Sw 507, Env-Sw 607, and Env-Sw 707.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 311.02 Requirements
and Limitations.
(a) A
permit-by-notification shall be obtained by filing notification in accordance
with this part. The notification shall
constitute a permit application for the facility.
(b) A
permit-by-notification shall be issued for facilities meeting the following
requirements, as certified by the applicant in the application:
(1) Env-Sw 1200;
(2) Env-Sw 1000;
(3) Env-Sw 1100, for facilities
having an active life longer than 90 days;
(4) Env-Sw 407, Env-Sw 507, Env-Sw 607, or Env-Sw
707 depending on the type of facility; and
(5) Env-Sw 900, depending on the type of waste
managed.
(c) A
permit-by-notification facility shall not be transferred to a new owner, except
for landfill transfers occurring automatically pursuant to Env-Sw
1202.06(d). In all other cases, a
transferred permit-by-notification facility shall, for administrative purposes,
be deemed a new facility and the new owner shall obtain a permit as though the
facility were new, if operations continue after the property transfers.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 311.03 Application
Content and Format. The applicant
for a permit-by-notification shall submit the following information in the
permit application:
(a) Identification
of parties;
(b) Facility
identification;
(c) Facility type,
as specified in Env-Sw 407, Env-Sw 507, Env-Sw 607, and Env-Sw 707;
(d) Dates facility construction
and operation are scheduled to commence;
(e) Active life
expectancy of the facility;
(f) A certification
signed by the applicant stating that the facility meets the requirements of
Env-Sw 1203.
(g) If the facility
is located on property subject to enforcement action or within a groundwater
management zone, the information required to show compliance
with Env-Sw 1203.01(f); and
(h) Certification,
in addition to that required by Env-Sw 303.04, signed by the applicant
attesting to the following:
(1) That the applicant has read and understands,
and shall comply with all applicable requirements for the siting, design,
construction, operation and closure of the facility as identified in Env-Sw
311.02;
(2) For a facility with an active life longer
than 90 days, that:
a. An operating plan and closure plan, meeting
the content and format requirements specified in Env-Sw
1105.11 and Env-Sw 1106.04 respectively, have been prepared and shall be
available and maintained as specified by Env-Sw 1202.02(a)(2) and (3); and
b. The facility shall operate and close in
conformance therewith;
(3) That the applicant has filed a copy of the
application with the host municipality and host solid waste management district
as required pursuant to Env-Sw 303;
(4) That the applicant and all persons identified
in Env-Sw 303.14(a) meet the compliance criteria specified in Env-Sw 303.14(b);
and
(5) That the
applicant understands and agrees to comply with the provisions for verification
of permit information required by Env-Sw 311.06.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 311.04 Application
Filing. The applicant shall file an
application for a permit-by-notification in accordance with Env-Sw 303, as
follows:
(a) All information
required by Env-Sw 311.03 shall be compiled into one comprehensive submittal;
(b) The applicant
shall sign and file the application with the department in accordance with
Env-Sw 303.03;
(c) The applicant
shall concurrently file a copy of the application with the host municipality
and host solid waste management district.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 311.05 Application
Review and Decision. The application
shall be processed in accordance with Env-Sw 304 and Env-Sw 305.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 311.06 Verification of Permit Information.
(a)
All facilities operating under a permit-by-notification or seeking a
permit-by-notification in accordance with this part shall submit the following
documentation to the department no later than 30 days after receipt of a
request from the department for such documentation:
(1) The written
operating plan required by Env-Sw 1202.02(a)(2)a.;
(2) The written closure plan required by Env-Sw 1202.02(a)(3)a.;
(3) Any operator certifications required by Env-Sw 1202.05(d);
(4) Proof of
compliance with the siting criteria set forth in Env-Sw 1203; and
(5) Any additional documentation required by Env-Sw 407; Env-Sw 507;
Env-Sw 607; and Env-Sw 707, as applicable.
Source. #10595, eff 7-1-14
PART Env-Sw 312 RESEARCH AND DEVELOPMENT PROJECTS PERMITTING
PROVISIONS
Env-Sw
312.01 Purpose and Applicability.
(a) The rules in this part specify the provisions
for obtaining a research and development facility permit.
(b) A research and development facility permit
shall apply to research and development projects, as defined in Env-Sw 104,
except no permit shall be required for research and development facilities
identified in Env-Sw 302.03(b)(7).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
312.02 Applicable Requirements and
Limitations.
(a) A research and development facility permit
shall be issued for research and development projects meeting the following
requirements:
(1) Funding for
the project shall be by public or private research grant monies distributed
after submission of a written proposal for the scope of the project;
(2) A
government agency or research institution, such as a public or private
university, shall conduct or supervise the project; and
(3) Subject to
(b) below, the project shall comply with:
a. Env-Sw 1000;
b. Env-Sw 1100,
as applicable based on active life expectancy;
c. Env-Sw 400
through Env-Sw 800 based on the functional classification of project activity(s);
d. Env-Sw 900
depending on the type(s) of waste involved by the project; and
e. Env-Sw 1400.
(b) Compliance with (a)(3)b. through (a)(3)d.
above shall not be required if the applicant demonstrates in the permit
application that compliance with the requirement shall defeat the purpose of
the project and that exemption from the requirement shall not cause a violation
of the universal facility requirements in Env-Sw 1000.
(c) A research and development facility permit
shall be subject to the provisions of Env-Sw 315 for modification, including
renewal and transfer.
(d) A research and development facility permit
shall be issued for a limited time period not to exceed the time period
required to complete the studies and implement facility closure, based on a
schedule provided in the permit application.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
312.03 Research and Development
Permit Application Content and Format.
The applicant shall provide the following information in the permit
application, compiled in the order listed below:
(a) Identification of parties;
(b) If the project will occur at a facility which
holds a permit issued by the department, identification of the facility by name,
location including street and municipality, and permit number;
(c) If the project will occur at a location other
than an already permitted facility, identification of the unpermitted location
including the street address and municipality;
(d) The name and address of each person providing
funding for the project in accordance with Env-Sw 312.02(a);
(e) Identification of:
(1) The
government agency or research institution, such as a public or private
university, that will conduct or supervise the project pursuant to Env-Sw
312.02(a); and
(2) The name,
address and qualifications of each investigator who will be undertaking the
project, including designation of the lead investigator who will have overall
primary responsibility for the project;
(f) A proposal for the scope of the project,
including:
(1) The type(s)
and quantity of wastes to be studied;
(2) The process
to be studied;
(3) If the
project relates to activities at a permitted facility, a description of how the
study so relates;
(4) The
anticipated results of the study; and
(5) The length
of time requested for the study;
(g) Copies of all english-language articles or
reports published in scientific or technical journals which document or
otherwise discuss studies of the process or methods proposed to be studied, and
copies of all foreign-language articles or reports, translated into english,
which have been published in scientific or technical journals which reflect
negatively on the process or methods proposed to be studied;
(h) Pursuant to the requirements of Env-Sw 1006:
(1) A
description of how and when the wastes used in the study will be ultimately
disposed;
(2) A
description of how any equipment or property used in the study will be closed;
and
(3) The schedule
for closure;
(i) A certification signed by the lead
investigator that the project shall not contravene the applicable requirements
for permitting research and development projects, as specified in Env-Sw
312.02; and
(j) Completed personal and business disclosure
forms pursuant to Env-Sw 316, for the applicant, lead investigator, and
facility operator, if unable to provide compliance certification pursuant to
Env-Sw 303.14.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
312.04 Research and Development
Permit Application Filing.
Applications for a research and development facility permit shall be
signed and filed by the applicant in accordance with Env-Sw 303, with the fee
specified in Env-Sw 310.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
312.05 Research and Development
Permit Application Review and Decision.
(a) Applications for a research and development
facility permit shall be processed by the department pursuant to the provisions
of Env-Sw 304 and Env-Sw 305.
(b) As a condition of any permit issued, the
permittee shall provide the following information:
(1) By March
31, an annual report prepared by the lead investigator which summarizes the
work completed for the previous calendar year and provides a summary of all
data generated;
(2) Within 3
months following the termination of the project, a project summary report
prepared by the lead investigator including a summary of the project, a summary
of all data generated, and a discussion of the results of the study;
(3) If the
project will be the subject of an article for publication, a copy of the
article or a draft of the article; and
(4) Copies of
all data generated when required to support any project finding which will be
used to obtain another permit, permit exemption, permit modification or waiver
to any solid waste or hazardous waste rule.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 313 EMERGENCY FACILITY PERMIT PROVISIONS
Env-Sw
313.01 Purpose and Applicability.
(a) The rules in this part shall specify
requirements for obtaining an emergency facility permit.
(b) An emergency facility permit shall apply to
facilities which operate for a limited period of time in response to any
emergency for which no other readily available response exists and for which a
delayed response to obtain another type of permit will result in an unnecessary
risk to public health, safety or the environment.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
313.02 Applicable Requirements and
Limitations.
(a) An emergency facility permit shall be issued
for facilities identified in Env-Sw 313.01(b) meeting the following
requirements:
(1) Env-Sw
1000;
(2) Env-Sw 1100,
as applicable based on active life expectancy;
(3) Env-Sw 400
through Env-Sw 500, as applicable based on the functional classification of the
facility; and
(4) Env-Sw 900,
as applicable based on the type of waste the facility manages.
(b) The requirements in (a)(2) and (a)(4) above
shall not apply if the department determines, based on the nature of the
emergency and the information in the permit application, that compliance with
the requirement will prohibit effective emergency response.
(c) An emergency permit shall be subject to the
provisions of Env-Sw 315 for modification, including permit transfer and
renewal.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
313.03 Pre-application Contact.
(a) Prior to filing an application for emergency
permit, the applicant, or affiliated person having first hand knowledge of the
situation, shall contact the department by telephone or in person to report
that an emergency condition exists.
(b) The applicant or affiliated person having
first hand knowledge of the situation shall identify:
(1) The nature
of the emergency;
(2) The types
of waste involved;
(3) The desired
response action;
(4) The
estimated schedule for effective emergency response; and
(5) Other
information relevant to determining that an emergency condition as specified in
Env-Sw 313.01(b) exists.
(c) Based on the information provided pursuant to
(b) above, the department shall make a preliminary determination as to the
applicability of an emergency permit pursuant to the provisions of Env-Sw
313.01(b) and so advise the applicant.
(d) If the department determines that the
situation warrants an application for emergency permit, the department shall
make a preliminary determination as to which of the discretionary permit
application requirements shall not apply, as provided in Env-Sw 313.02(b), and
shall so advise the applicant.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
313.04 Emergency Facility Permit
Application Content and Format. The
applicant for an emergency facility permit shall provide the following
information compiled in the order shown:
(a) Identification of parties;
(b) Facility identification;
(c) A description of the emergency conditions
that pose the threat to public health, safety or the environment, including an
explanation of the cause of the emergency conditions;
(d) Certification from the local health officer
or fire chief that the conditions do pose a threat to public health, safety or
the environment, or, if such certification cannot be obtained, a statement that
such certification was sought and an explanation as to why certification was
refused;
(e) A description of the activity proposed to
address the emergency conditions and information to demonstrate the activity
shall comply with all applicable permitting requirements; and
(f) A description of any post-activity monitoring
proposed.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
313.05 Emergency Facility Permit
Application Filing. Applications for
an emergency facility permit shall be signed and filed by the applicant in
accordance with Env-Sw 303.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
313.06 Emergency Facility Permit
Application Processing. Applications
for an emergency facility permit shall be processed by the department in
accordance with Env-Sw 304 and Env-Sw 305, as follows:
(a) Following receipt of a complete application,
the department shall determine whether the information provided in the permit
application and other available information demonstrates that the proposed
activity shall be necessary to protect the environment, public health and
safety;
(b) If the department determines that the
proposed activity is necessary to protect the environment, public health and
safety and that all other requirements identified in Env-Sw 313.01(b) and
Env-Sw 313.02 are met, the department shall issue the permit;
(c) If the department determines it shall issue a
permit, authorization to commence the emergency response activity shall be
given orally by the director, or person so authorized by the director, and a
written permit shall be issued within 10 working days thereafter; and
(d) An emergency permit shall be effective for
the time period required to complete the emergency response action(s)
identified in the permit and complete facility closure.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 314
STANDARD FACILITY PERMITTING PROVISIONS
Env-Sw
314.01 Purpose and Applicability.
(a) The rules in this part specify the
requirements for obtaining a standard permit.
(b) A standard permit shall apply to a facility
which:
(1) Is not
permit-exempt pursuant to Env-Sw 302.03;
(2) Is not
eligible for a permit-by-notification pursuant to Env-Sw 407, Env-Sw 507,
Env-Sw 607, or Env-Sw 707;
(3) Is not
eligible for a research and development permit pursuant to Env-Sw 312;
(4) Is not
eligible for an emergency permit pursuant to Env-Sw 313;
(5) If a
temporary permit facility, it elects to continue operating following call of
the temporary permit and is not a landfill; and
(6) Does not
elect to operate under a general permit pursuant to Env-Sw 308.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.02 Applicable Requirements and
Limitations.
(a) A standard permit facility shall comply with:
(1) Env-Sw
1000;
(2) Env-Sw
1100, if the facility has an active life longer than 90 days;
(3) Env-Sw 400
through Env-Sw 800, as applicable based on the functional classification of the
facility;
(4) Env-Sw 900,
as applicable based on the type of waste managed by the facility; and
(5) Env-Sw
1400.
(b) A standard permit shall be subject to the
provisions in Env-Sw 315 for permit modification, including permit transfer and
renewal.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.03 Standard Facility Permit
Application Content and Format.
(a) A standard permit application shall be
organized and prepared by the applicant as follows:
(1) Section 1,
“identification”, shall include the information required by Env-Sw 314.04 and
Env-Sw 314.05;
(2) Section 2,
“facility description”, shall include the information required by Env-Sw
314.06;
(3) Section 3,
“other permits”, shall include the information required by Env-Sw 314.07;
(4) Section 4,
“legal notifications and agreements”, shall include the information required by
Env-Sw 314.08 and Env-Sw 314.09;
(5) Section 5,
“site report”, shall include the information required by Env-Sw 314.10;
(6) Section 6,
“plans and specifications”, shall include the information required by Env-Sw
314.11;
(7) Section 7,
“operating plan”, shall be:
a. Prepared in
accordance with Env-Sw 1105.11; or
b. Marked “not
applicable” if the facility is no longer operating and is not proposing to recommence
operations;
(8) Section 8,
“closure plan”, shall be prepared in accordance with Env-Sw 1106.04;
(9) Section 9,
“financial report”, shall include the information required by Env-Sw 314.12;
(10) Section
10, “performance history”, shall include:
a. The
information required by Env-Sw 303.13 and Env-Sw 303.14; and
b.
Certification that the information required by Env-Sw 316 has been
submitted to the NHDOJ, if applicable;
(11) Section
11, “public benefit”, shall include the information required by RSA 149-M:11 in
conformance with the provisions of Env-Sw 1005.05;
(12) Section
12, “signature”, shall include the signatures required by Env-Sw 303; and
(13) Section
13, “fee”, shall include a fee calculation form provided by the department,
which shall contain the information required to calculate the permit
application fee in accordance with Env-Sw 310.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.04 Facility Identification. The applicant shall identify the facility, by
providing the following information:
(a) Facility identification, as specified by
Env-Sw 103.02; and
(b) Facility status, including:
(1) Whether the
facility is a proposed or existing facility; and
(2) Identification
of solid waste management permits and other approvals already issued by the
department for the facility.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.05 Identification of Parties. The applicant shall identify parties, as
specified by Env-Sw 103.22.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.06 Facility Description. The applicant shall describe the facility,
including the following information:
(a) Facility functional classification as
identified in Env-Sw 302.05;
(b) The type of ownership of the facility, namely
whether a public facility or private facility;
(c) The facility service type, namely whether a
limited service area facility or an unlimited service area facility;
(d) The type(s) of waste to be received by the
facility and the type(s) of waste to be prohibited by the facility, or, for a
facility which is no longer operating and which is not proposing to recommence
operations, the type(s) of waste the facility did receive;
(e) The capacity for each facility function as
follows:
(1) Storage,
expressed in tons and cubic yards;
(2) Processing
or treatment, expressed in tons and cubic yards per day on average annually;
and
(3) Disposal,
expressed in tons and cubic yards;
(f) The designed life expectancy of the facility
or, for a facility which is no longer operating and which is not proposing to recommence
operations, the date the facility started operating and the date the facility
stopped operating; and
(g) Identification of the facility service area,
which:
(1) For a
limited service area facility, shall be specified by identifying the precise
geographic area(s) or generator(s), or both, to be served by the facility; and
(2) For an
unlimited service area facility, shall be specified by identifying the
geographic area(s) or generators, or both, most likely to be served by the
facility.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.07 Status of Other
Permits/Approvals. The applicant
shall identify and provide the status of other required permits and approvals
as follows:
(a) Identify, in a list, all local and other
state or federal permits or approvals which are, or may be required, for the
facility; and
(b) Indicate in the list the status of each
application or approval, as follows:
(1) If an
application has not yet been filed, the anticipated filing date;
(2) If an
application has been filed, the date of filing and the nature of any subsequent
communications from the issuing authority, if any; and
(3) If a permit
or approval has been issued, the date of issuance and the expiration date, if
any.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.08 Legal Notifications and
Agreements.
(a) Each applicant for a standard permit shall
notify all abutters, the host municipality, host solid waste district and other
affected entities in accordance with Env-Sw 303.
(b) The applicant shall include in the permit
application:
(1) A copy of
the written notification(s);
(2) A list of
all required recipients including name and mailing address; and
(3) Copies of
the signed registered letter receipts or signed acknowledgments of receipt for
each required recipient.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.09 Concurrence of Property Owner. If the applicant and the property owner are not
the same, the applicant shall provide information to demonstrate how compliance
with the requirements of Env-Sw 1003.03 shall be obtained prior to the
effective date of a permit, if issued, and shall include copies of all relevant
legal agreements.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.10 Site Report.
(a) The applicant shall provide a site report
which either:
(1) Demonstrates
that:
a. The location
of the facility complies with all applicable siting requirements, as noted in
Env-Sw 314.02(a); and
b. The facility
site is, in all other respects, a suitable location for the facility; or
(2) For an
existing facility which is no longer operating and which is not proposing to
recommence operations, identifies and describes:
a. The location
of the facility;
b. Existing
site features and conditions;
c. The physical
relationship of the facility to its surroundings; and
d.
Environmental effects, both adverse and beneficial, caused by the
facility.
(b) The information required by (a) above shall
specifically include:
(1) A copy of
the local tax map(s) which shows the property on which the facility is, or will
be, sited and which identifies all abutters required to be notified pursuant to
Env-Sw 303;
(2) Map(s)
identifying surrounding land use and zoning;
(3) A narrative
description of the site, including:
a. A physical
description;
b. A 50-year
history of the use(s) of the site; and
c. A discussion
of any known or suspected conditions at the site which are or should be of
environmental, public health or safety concern;
(4) Map(s) and
narrative discussion of the facility’s proximity to and impact on sensitive
environments, including, but not limited to, flood hazard zones, wetlands,
habitat for endangered or threatened wildlife, designated rivers, other surface
waters, and water supplies;
(5) A
hydrogeological report of the site if the facility has managed or will manage
waste which has the potential to cause groundwater or surface water contamination,
including, as applicable, all information required by the administrative rules
for groundwater management and groundwater release detection permits, Env-Or 700;
(6) Discussion
of anticipated traffic impacts by the facility, unless the facility is no
longer operating and is not proposing to recommence operations; and
(7) Other
information as required to demonstrate compliance with the applicable siting
requirements.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.11 Plans and Specifications. The applicant shall provide plans and
specifications prepared in accordance with Env-Sw 1103.05, as follows:
(a) For a proposed facility, the applicant shall
submit preliminary design plans and specifications with calculations and other
supporting documentation necessary to demonstrate compliance with all
applicable design requirements, as noted in Env-Sw 314.02(a); and
(b) For an existing facility, the applicant shall
submit:
(1) A plan
showing the existing facility; and
(2) Preliminary
design plans and specifications, as specified by (a) above, for any proposed
changes to the existing design.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.12 Financial Report. The applicant shall provide a financial
report, including:
(a) The estimated cost of constructing the
facility, unless the facility is an existing facility and no new construction
is proposed;
(b) The type and source of financing for any new
construction being proposed;
(c) The estimated facility operating cost(s),
unless the facility is no longer operating and is not proposing to recommence
operations;
(d) For a proposed facility or an existing
facility that will continue operating, the estimated tipping fees or, if no
tipping fee will be assessed by the facility, the estimated average cost per
ton to manage waste at the facility;
(e)
The estimated costs of closure, including post-closure monitoring, based on
the requirements set forth in Env-Sw 1400; and
(f) A financial assurance plan in accordance with
Env-Sw 1400.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.13 Other Information. If the information submitted is insufficient
for the department to make an independent determination that the facility and
all persons associated therewith comply with the requirements of RSA 149-M and
the solid waste rules and protect human health, safety and the environment, the
applicant shall submit such additional information as the department determines
necessary to make the determination.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.14 Application Filing. Standard facility permit applications shall
be signed and filed by the applicant as specified in Env-Sw 303, with the fee
as specified in Env-Sw 310.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
314.15 Application Review and
Decision. Standard facility permit
applications shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
PART Env-Sw 315 PERMIT MODIFICATION
Env-Sw
315.01 Applicability.
(a) Except as specified in (b), below, this part
shall apply to modifying facility permits issued pursuant to RSA 149-M and the
solid waste rules, including action to transfer a permit and renew an expiring
permit.
(b) This part shall not apply to:
(1)
Transferring a permit-by-notification, as specified by Env-Sw 311.02(c);
(2) Permit
modifications initiated by the department pursuant to Env-Sw 306; or
(3) General
permits established in Env-Sw 308.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #12404, eff
10-21-17
Env-Sw
315.02 Definitions.
(a) “Type I modification” means an amendment to
the terms and conditions of a permit that is not a type II through type V
modification. The term includes type I-A
and type I-B modifications.
(b) “Type I-A modification” means a type I
modification that has the potential to adversely affect the state’s ability to
achieve the waste reduction goal in RSA 149-M:2 by means of establishing and
maintaining an integrated system of facilities which is consistent with the
hierarchy in RSA 149-M:3 and which provides a substantial public benefit
pursuant to RSA 149-M:11, including but not limited to:
(1) Increasing
the approved design capacity of a facility;
(2) Changing
the expiration date of a permit;
(3) Reducing
the operating life expectancy of a
(4) Expanding
the permitted service area of a facility;
(5) Changing
the facility service type from a limited service area facility to an unlimited
service area facility; and
(6) Changing
facility operations to include a waste management method less preferred in the
RSA 149-M:3 hierarchy than authorized by the current terms and conditions of
the permit.
(c) “Type I-B modification” means a type I
modification that is not a type I-A modification because, based on information
available at the time the modification is proposed, there is no expectation
that the proposed change will adversely affect the state’s ability to achieve
the waste reduction goal in RSA 149-M:2 by establishing and maintaining an
integrated system of facilities which is consistent with the hierarchy in RSA
149-M:3 and which provides a substantial public benefit pursuant to RSA
149-M:11.
(d) “Type II modification” means an amendment to
the terms and conditions of a permit to approve and incorporate by reference final
or revised design, operating, financial assurance or closure plans for a
facility which have been prepared pursuant to a condition of the permit or a
solid waste rule specifically requiring submission of such plans, including but
not limited to:
(1) Approving
final plans for construction, operation, financial assurance or closure of a
facility based on preliminary plans provided in the application, as required to
satisfy prerequisites for construction or operation pursuant to Env-Sw 1100,
and Env-Sw 305.05(b) and (c); and
(2) Approving
preliminary plans for closure of a landfill under the provisions of a temporary
permit pursuant to Env-Sw 307.08(b).
(e) “Type III modification” means an amendment to
the terms and conditions of a permit to effect one of the following minor changes:
(1) A change in
facility operating hours within the limits specified in Env-Sw 1105.08(a) or
within alternative limits specified in the permit pursuant to Env-Sw
1105.08(b);
(2) A change in
a key above-ground site feature, including a facility structure or
appurtenance, that:
a. Is made
subsequent to filing record drawings in accordance with Env-Sw 1104.07;
b. Does not:
1. Alter the
permitted function(s) of the facility;
2. Change the
basis of the approved facility design; or
3. Violate any
applicable siting criteria specified in the solid waste rules; and
c. Is merely a change to improve facility operations
within the limits specified in the permit;
(3) A change in
facility operations to separately collect, store and transfer source separated
select recyclable materials not previously managed separately by the facility,
to the extent that the activity:
a. Does not
increase either the approved design or storage capacity of the facility; and
b. Does not
require a change in the approved financial assurance plan of record for the
facility;
(4) For
landfills, a change in the type of cover material to be used at the facility,
pursuant to Env-Sw 806.03;
(5) A name
change for the permittee or facility that does not constitute a type IV
modification; and
(6) A change in
organizational structure, officers, directors, partners, or key employees
identified pursuant to Env-Sw 303.14(a) that does not constitute a type IV
modification.
(f) “Type IV modification” means an amendment to
the terms and conditions of a permit to authorize permit transfer and record a
change in the:
(1) Operational
control of a facility; or
(2) Ownership
of the facility, as follows:
a. For a
partnership, a change in the majority of general partners;
b. For a
corporation, a transfer of all corporate assets or of a majority of voting
shares to a new individual or entity;
c. For other
organizations, a transfer of the control of the organization to a new
individual or entity; and
d. For an
individual, transfer of control to another individual or entity.
(g) “Type V modification” means an amendment to
the terms and conditions of a permit pursuant to Env-Sw 1105.06(b) to allow
facility records to be stored at off-site locations or to be destroyed.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff
10-21-17
Env-Sw
315.03 Approval Required.
(a) Before making a modification to the design,
construction, operation or closure of a facility as permitted by the
department, the permittee shall obtain written approval for such modification
in accordance with this part.
(b) A permittee shall request approval to
implement a facility modification by filing an application for permit
modification as follows:
(1) For a type
I modification, the permittee shall submit an application that provides the
information specified in Env-Sw 315.05;
(2) For a type
II modification, the permittee shall submit an application that provides the information
specified in Env-Sw 315.06;
(3) For a type
III modification, the permittee shall submit an application in the form of a
notification that provides information specified in Env-Sw 315.07;
(4) For a type
IV modification, the existing permittee and proposed new permittee shall be
co-applicants and shall submit an application that provides the information
specified in Env-Sw 315.08; and
(5) For a type
V modification, the permittee shall submit an application that provides
information as specified in Env-Sw 315.09.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 315.04 Permit Modification Application Filing
Procedures.
(a) All applications to modify a permit shall be
signed and filed by the permittee in accordance with Env-Sw 303.
(b) Applications for a type IV modification shall
be signed and filed by both the existing permittee and the proposed permittee,
as co-applicants.
(c) Applications for a type III modification
shall include the following signature requirements in addition to the
requirements specified in Env-Sw 303:
(1) A signed
statement by the permittee certifying that:
a. The proposed
change is within the defined limits of a type III modification pursuant to
Env-Sw 315.02; and
b. The proposed change shall not cause the facility to
contravene any applicable requirement in Env-Sw 1000 or violate any other
condition of the permit;
(2) If the
permittee is not the property owner, a signed statement by the property owner
to certify acceptance of the modification; and
(3) For a type III modification to effect a name
change pursuant to Env-Sw 315.02(e), certification that the permittee shall
publish notice and submit proof thereof as required by Env-Sw 305.06(e).
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff
10-21-17
Env-Sw
315.05 Application Content and
Format, Type I Modifications. For a
type I permit modification, the permittee shall provide the following
information and materials, compiled in the order listed below:
(a) Facility identification;
(b) Identification of parties;
(c) A complete description of the proposed
modification, including:
(1) The type of
modification as specified by Env-Sw 315.02;
(2) Identification
of each written permit condition that requires amendment to effect the proposed
modification and draft language for the same;
(3) Identification
of each document incorporated by reference into the permit and requiring
amendment to effect the proposed modification, including design plans,
operating plans, closure plans and financial assurance plans;
(4) Draft
amendments for each document identified pursuant to (3) above, as follows:
a. If the
proposed modification requires changes to the last approved facility design
plan(s) of record, the revised design plan(s) shall be prepared in accordance
with Env-Sw 1103.05;
b. If the
proposed modification requires changes to the last approved facility operating
plan of record, the required amendments shall be prepared in accordance with
Env-Sw 1105 and, subject to e. below, may be presented in the form of
replacement pages ready for substitution into the plan of record, each page
being clearly marked to show the date of revision;
c. If the
proposed modification requires changes to the last approved facility closure
plan of record, the required amendments shall be prepared in accordance with
Env-Sw 1106 and, subject to e. below, may be presented in the form of
replacement pages ready for substitution into the plan of record, each page
being clearly marked to show the date of revision;
d. If the
proposed modification requires changes to the last approved financial assurance
plan of record, the proposed revisions shall be presented in the form of a
complete financial assurance plan as specified in Env-Sw 1400 and shall include
all related draft financial assurance documents required to effect the proposed
modification; and
e. If there is
no last approved plan of record for any of a. through d. above, a plan shall be
provided as specified in Env-Sw 1103.05, Env-Sw 1105, Env-Sw 1106 and Env-Sw
1400, as applicable, based on the proposed modified facility; and
(5) Information
demonstrating that the proposed modified facility meets all requirements of the
solid waste rules;
(d) A proposed schedule for implementing the
modification;
(e) A statement of need describing why the
proposed change is necessary or desirable;
(f) Identification of the impacts, both positive
and adverse, which the proposed modification will have, including the following
considerations:
(1) The effect
the modification will have on facility function, capacity, life expectancy,
service type and service area;
(2) The effect
the modification will have on the environment, public health and safety;
(3) The effect the modification will have on the
state’s ability to achieve the goals and objectives specified in RSA 149-M:2;
(4) The effect the modification will have on establishing
and maintaining integrated waste management systems consistent with the
hierarchy of waste management methods in RSA 149-M:3; and
(5) Information
that demonstrates that the facility, as modified, will be consistent with the
state solid waste management plan and the applicable district plan, pursuant to
RSA 149-M:12, I(b);
(g) The compliance information required by Env-Sw
303.13;
(h) For a type I-A modification, the personal and
business disclosure information and performance history information required by
Env-Sw 316;
(i) For a type I-A modification, a demonstration
of public benefit in accordance with RSA 149-M:11 and in conformance with the
provisions of Env-Sw 1005.05;
(j) Identification
and status of all other permits or approvals necessary to effect the proposed
modification;
(k) Proof that municipalities, districts and
other affected entities have been provided a copy of the application and a
notice of filing as specified by Env-Sw 303; and
(l) For a type I-A modification, proof that
notification of abutters has been made in accordance with Env-Sw 303.
Source. (see Revision Note at chapter heading for Env-Sw
300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff 10-21-17
Env-Sw 315.06 Application Content and Format, Type II
Modifications. For a type II permit
modification, the permittee shall provide:
(a) Facility identification;
(b) Identification of parties;
(c) A narrative description of the proposed
modification, including:
(1) The type of
modification as specified by Env-Sw 315.02;
(2) Copy of the
plans for which approval is being sought, as follows:
a. Construction
plans and specifications shall be prepared in accordance with Env-Sw 1103.05;
b. Operating
plans shall be prepared in accordance with Env-Sw 1105 and, subject to (d)
below, may be presented in the form of replacement pages ready for substitution
into the last approved plan of record, each page being clearly marked to show
the date of revision;
c. Closure
plans shall be prepared in accordance with Env-Sw 1106 and, subject to (d)
below, may be presented in the form of replacement pages ready for substitution
into the last approved plan of record, each page being clearly marked to show
the date of revision; and
d. Financial assurance plans shall be prepared in
accordance with Env-Sw 1400;
(3) Identification
of the preliminary plans incorporated by reference into the permit which
provide the basis for the final plans; and
(4) A proposed schedule for implementing the modification.
(d) If there is no approved plan of record, as
referenced in (c)(2)b. and (c)(2)c. above, or the approved plan of record does
not conform to the applicable plan requirements in Env-Sw 1105 or Env-Sw 1106,
a plan shall be provided that meets the applicable requirements and includes
all modifications for which approval is being sought.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
315.07 Application Content and
Format, Type III Modification. For a
type III permit modification, the permittee shall provide:
(a) Facility identification;
(b) Identification of parties;
(c) A description of the proposed modification,
including:
(1) Identification
of the type of modification as specified by Env-Sw 315.02; and
(2) Identification
of the proposed changes, as follows:
a. If for a
change in facility operating hours, the days and hours of operation after the
modification takes effect;
b. If for a
change in site feature, a description of the changed feature and a site plan
showing the changed feature;
c. If for a
change in the type of recyclables collected, identification of the new types
being collected and the method for storage;
d. If for a change in the type of landfill cover
material to be used at the facility, identification of the type in conformance
with the options provided in Env-Sw 806.03;
e. If for a
change in permittee or facility name, identification of the new name; and
f. If for a
change in the permittee’s organizational structure, officers, directors, partners,
or key employees identified pursuant to Env-Sw 303.14(a):
1. A precise
explanation of what is changing;
2. The
compliance information required by Env-Sw 303.13; and
3. Proof of
operator certification or processed applicant status if the proposed change
involves a change in an individual required to hold operator certification
pursuant to Env-Sw 1600 and Env-Sw 1005.07; and
(d) A proposed schedule for implementing the
modification.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff
10-21-17
Env-Sw
315.08 Application Content and
Format, Type IV Modifications. For a
type IV permit modification, the existing permittee and the proposed permittee,
acting as co-applicants, shall provide:
(a) Facility identification;
(b) Identification of parties, both existing and
proposed;
(c) Identification of the type of change that
triggers the need for modification, as specified in Env-Sw 315.02(f);
(d) The
compliance information required by Env-Sw 303.13 for the proposed new permittee
as the applicant;
(e) The personal and business disclosure
information and performance history information required by Env-Sw 316 for the
proposed new permittee as the applicant;
(f) Proof of operator certification or processed
applicant status if the proposed change involves a change in an individual
required to hold operator certification pursuant to Env-Sw 1600 and Env-Sw
1005.07;
(g) A financial assurance plan by the proposed
new permittee for the cost of closing the facility pursuant to Env-Sw 1400;
(h) A proposed schedule for implementing the
modification;
(i) Identification and status of all other
permits or approvals necessary to effect the proposed modification, if any;
(j) Proof that the host municipality and host
solid waste management district have been provided a copy of the application
and a notice of filing as specified by Env-Sw 303; and
(k) Proof that notification of abutters has been
made in accordance with Env-Sw 303.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #12404, eff
10-21-17
Env-Sw
315.09 Application Content and
Format, Type V Modification. For a
type V permit modification, the permittee shall provide:
(a) Facility identification;
(b) Identification of the parties;
(c) A description of the proposed modification,
including:
(1) Identification
of the type of modification as specified by Env-Sw 315.02;
(2) Identification
of the contents of the subject record(s), including type of information and time
period covered;
(3) If the
proposal is to relocate the records, identification of the following:
a. The location where the records are proposed to be
stored, by street address, municipality and state;
b. The owner of
the proposed storage location;
c. A description of the measures that shall be taken
to protect the records against destruction and to prevent unauthorized access
to the records while in storage; and
d. A
description of how the department shall be provided access to the records pursuant
to Env-Sw 2000; and
(4) If the
proposal is to destroy the records, an explanation of need; and
(d) A proposed schedule for implementing the
modification.
Source.
(see Revision Note at chapter heading
for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw 315.10 Application Review and Decision.
(a) All applications to modify a permit shall be
reviewed in accordance with Env-Sw 304 and Env-Sw 305.
(b) In
addition to the provisions for denial in Env-Sw 305.03, the department shall
deny any application to modify a permit if:
(1) The applicant is unable to certify compliance pursuant
to Env-Sw 303.14, unless the applicant:
a. Demonstrates
in the compliance report that the circumstance(s) for non-compliance are not
cause for the department to deny the requested approval pursuant to the
provisions of RSA 149-M:9, IX or X; and
b. Agrees to
comply with a plan and schedule for achieving compliance;
(2) The
modification constitutes a change in the facility’s functional classification
as described in Env-Sw 302, which otherwise requires a new facility permit; or
(3) The
modification constitutes an expansion of facility operations under the provisions
of a temporary permit.
(c) The department shall approve a type V permit
modification request to store facility records off-site if the application
demonstrates that the records shall be adequately protected against loss or
damage and shall remain accessible to the department as required by the solid
waste rules.
(d) The department shall not approve a type V
permit modification to destroy records, if:
(1) Any
benefits will be obtained by requiring the records to be retained, for instance
by assisting in development of a closure or post-closure monitoring plan or
otherwise to assist future studies to determine compliance with state or
federal regulations; or
(2) The
facility is the subject of any pending investigation or enforcement action.
(e) Pursuant to Env-Sw 1104, a type II permit
modification granting construction plan approval shall:
(1) Expire one
year from the date of issuance if construction is not commenced; and
(2) Be subject
to terms and conditions as necessary to assure that the facility is constructed
in accordance with the approved plans and specifications, all applicable rules
and regulations, and other terms and conditions of the permit.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff
10-21-17
PART Env-Sw 316 PERFORMANCE HISTORY REQUIREMENTS
REVISION NOTE:
Document
#13192, effective 4-23-21, readopted with amendments the “Personal
Disclosure Form” (PDF), NHDES-S-05-036, pursuant to the expedited revisions
to agency forms process in RSA 541-A:19-c.
Document #13192 contained only the amended form, giving it a new effective
date, and updated the form’s revision date from “04-24-14” to “April 2021”. The PDF form is incorporated by reference in Env-Sw
316.04(a) and Env-Sw 316.05(a) and (b)(2), but with some form requirements also
set forth in Env-Sw 316.04(c), (d), and (f) and Env-Sw 316.06(a). Env-Sw 316.04 is titled
“Use of Disclosure Forms; Signatures”, Env-Sw 316.05 is titled Entities and
Individuals Required to Submit Signatures”, and Env-Sw 316.06 is titled “Scope
of Disclosure”. The prior filing
affecting Env-Sw 316.04, Env-Sw 316.05, and Env-Sw 316.06 was Document #10595,
effective 7-1-14, and the effective date remained unchanged. The date of the PDF form in Env-Sw 316.04(a)
and Env-Sw 316.05(a) and (b)(2) was subsequently changed editorially to “April 2021”
because of Document #13192.
Document #13193, effective 4-23-21, readopted
with amendments the “Business Disclosure Form” (BDF), NHDES-S-05-019, pursuant
to the expedited revisions to agency forms process in RSA 541-A:19-c. Document #13193 contained only the amended form,
giving it a new effective date, and updated the form’s revision date from “04-24-14”
to “April 2021”. The BDF form is incorporated
by reference in Env-Sw 316.04(b) and Env-Sw 316.05(a) and (b)(1), but with some
form requirements also set forth in Env-Sw 316.04(c), (e), and (f) and Env-Sw
316.06(b). The date of the BDF form in Env-Sw
316.04(b) and Env-Sw 316.05(a) and (b)(1) was subsequently changed editorially
to “April 2021” because of Document #13192.
The
effective date of Env-Sw 316.04, Env-Sw 316.05, and Env-Sw 316.06 remained unchanged
by Document #13192 and Document #13193. However,
the requirements on the PDF and BDF forms with revision date “April 2021” would
be the valid and enforceable rule in case of any conflict between the forms and
the rules, since a form is defined as a “rule” in RSA 541-A:1, XV and is the
later enactment.
Env-Sw
316.01 Purpose. The purpose of the rules in this part is to
implement RSA 149-M:9, III and IX by identifying the information needed for the
department to:
(a) Request a background investigation from the
NHDOJ to determine whether an applicant, owner, facility operator, or any of
the applicant’s officers, directors, partners, key employees, or major debt or
equity holders, has been convicted of or pled guilty or no contest to a felony
within 5 years of the date of the permit application; and
(b) Determine whether the applicant has
demonstrated or failed to demonstrate sufficient reliability, expertise,
integrity and competence to operate a solid waste facility.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
316.02 Applicability.
(a) Except as noted in (b), below, the rules in
this part shall apply to applicants for the following types of permits and
approvals:
(1) Standard
facility permit pursuant to Env-Sw 314;
(2) Research
and development facility permit pursuant to Env-Sw 312, whenever the applicant
is unable to certify compliance pursuant to Env-Sw 303.14;
(3) Type IV
permit modification to transfer ownership or operational control of the
facility; and
(4) Type I-A
permit modification.
(b) The rules in this part shall not apply to an
applicant that is a town, governmental unit, agency or political subdivision of
the state, or combination thereof.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #12404, eff
10-21-17
Env-Sw
316.03 Disclosure Required.
(a) At the same time that an applicant identified
in Env-Sw 316.02 submits an application to the department, the applicant shall
submit to the NHDOJ all of the personal and business disclosure information
specified on the forms required by Env-Sw 316. 04 for all individuals and
entities, respectively, identified in Env-Sw 316.05.
(b) Applicants shall cooperate fully with the
NHDOJ during the background investigation.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
316.04 Use of Disclosure Forms; Signatures.
(a) Disclosure of personal information shall be
on a “Personal Disclosure Form” (PDF) dated April 2021.
(b) Disclosure of business information shall be
on a “Business Disclosure Form” (BDF) dated April 2021.
(c) Any PDF filed shall be signed and dated by the
individual who is the subject of the PDF.
(d) If a PDF is completed by someone other than
the individual who is the subject of the PDF, the name, address, and telephone
number of the individual who completed the PDF shall be stated on the PDF.
(e) The signature provided pursuant to (c),
above, shall constitute a sworn or affirmed statement that:
(1) The signer has made diligent inquiry into all
matters addressed
in the PDF;
(2) Based on such inquiry, the submitted
information is true, complete, and not misleading to the best of the signer’s knowledge
and belief; and
(3) The signer understands that if any of the
statements are false, incomplete, or misleading, then:
a. Processing of the application may be delayed;
b. The permit sought may be denied or revoked;
and
c. He
or she may be subject to prosecution for false swearing under RSA 641:3 or any
successor statute.
(f) The individual who prepares a BDF on behalf
of an entity shall complete, sign, and have notarized an “Affidavit of Author”,
which shall constitute a sworn or affirmed statement that:
(1) The
signer is the individual who filled out the attached BDF in the name of the
entity that is the subject of the BDF or who directed that the information
contained in the BDF be set down therein;
(2) The
signer has made diligent inquiry into all matters addressed in the BDF;
(3)
Based on such inquiry, the submitted information is true, complete, and
not misleading to the best of the individual’s knowledge and belief; and
(4) The
signer understands that if any of the statements are false, incomplete, or
misleading, then:
a.
Processing of the application may be delayed;
b. The
permit sought may be denied or revoked; and
c. He
or she is subject to penalties for false swearing under RSA 641:3 or any
successor statute.
(g) Any BDF filed for an entity shall be signed
and dated by the individual(s) identified below, as applicable to the legal
form of the entity:
(1) If the entity is a corporation, the:
a. President, chairman of the board, or chief
executive officer;
b. Secretary; and
c. Treasurer;
(2) If the entity is any type of partnership,
each general partner;
(3) If the entity is a sole proprietorship, the
owner; and
(4) If the entity is any other business form, the
individuals having positions equivalent to a corporation’s chief executive officer,
secretary, and treasurer.
(h) The signatures provided pursuant to (g),
above, shall constitute certification that:
(1) The signer has examined the BDF;
(2) The BDF contains no statement or information
the signer knows to be false, incomplete, or misleading; and
(3) The signer understands that if the certification
is false, then:
a. Processing of the application may be delayed;
b. The permit sought may be denied or revoked;
and
c. He or she is subject to penalties for false
swearing under RSA 641:3 or successor statute.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; (see also Revision
Note at part heading for Env-Sw 316); ss by #13386, eff 5-26-22
Env-Sw
316.05 Entities and Individuals
Required to Submit Information.
(a) If the applicant is an individual, the
applicant shall submit a completed and signed PDF dated April 2021 and a
completed and signed BDF dated April 2021 for himself or herself.
(b) If the applicant is not an individual, the
applicant shall submit:
(1) A completed
and signed BDF dated April 2021 for:
a. The
applicant;
b. Each entity
that is, or is proposed to be:
1. A partner;
2. An entity
contracted with the applicant to operate, manage or supervise the facility or
activities for which approval is being sought;
3. An entity
holding of 10% or more of the applicant's debt; or
4. An entity
holding 10% or more of the applicant’s equity; and
c. The parent
corporation, holding corporation, and any other entity that exercises control
over the facility or activities for which approval is being sought; and
(2) A completed
and signed PDF dated April 2021 for each individual who has, or who is proposed
to have, any of the following relationships with the applicant:
a. Director;
b. Partner;
c. Officer;
d. Any managerial or supervisory or substantial
decision-making authority and responsibility for the management of facility
operations or the activity(s) for which approval is being sought;
e. Holder of
10% or more of the applicant’s debt; or
f. Holder of 10%
or more of the applicant’s equity.
(c) If the applicant and the proposed facility
operator are not the same, the applicant also shall submit a PDF and BDF for
the facility operator as though the facility operator is the applicant and as
described in (a) and (b), above.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; (see also Revision
Note at part heading for Env-Sw 316)
Env-Sw
316.06 Scope of Disclosure; Release
Authorization.
(a) Each individual required to submit a
disclosure form shall provide the information requested on the PDF, including:
(1) Personal identifying data such as name,
address, physical description, date and place of birth, nationality, and residential
history;
(2) Marital and family information, including
information about relatives in the solid waste industry;
(3) Education, military and professional
experience, employment history, public offices, and waste management licenses
and experience;
(4) All other business and financial interests;
and
(5) Involvement in professional or environmental violations,
or civil or criminal proceedings.
(b) Each entity required to submit a disclosure
form shall provide the information requested on the BDF, including:
(1) Business identifying data such as names, date
and nature of organization, ownership, principal location and address, and past
and present facilities;
(2) Corporate, partnership or business venture
history and structure, including information about key employees, officers,
directors, partners and trustees as applicable;
(3) Information about subsidiaries and affiliated
entities;
(4) Experience and credentials in the waste
management industry, including waste permits and licenses held;
(5) History of environmental violations, and
other administrative, civil or criminal proceedings;
(6) Equity structure and debt liability; and
(7) Financial history.
(c) Each
individual who files a PDF shall sign, date, and have notarized a release to
inform courts, probation departments, selective service boards, employers,
banks, financial and other such institutions, and all government agencies,
whether federal, state, or local without exception both foreign and domestic,
that:
(1) The individual is affiliated with an
applicant for a solid waste permit;
(2) The recipient of the release is authorized to
release any and all information pertaining to the individual, documentary or
otherwise, as requested by an appropriate employee, agent, or representative of
the New Hampshire attorney general;
(3) The authorization supersedes and countermands
any prior request or authorization to the contrary; and
(4) A photostatic or electronic copy of the
authorization shall be considered as effective and valid as the original.
(d)
Each entity that files a BDF shall duly authorize an individual to sign,
date, and have notarized a release to inform courts, probation departments, selective
service boards, employers, banks, financial and other such institutions, and
all government agencies, whether federal, state, or local without exception
both foreign and domestic, that:
(1) The individual has been duly authorized to
authorize the office of the attorney general of New Hampshire to conduct an
investigation into the background of the named business for the purpose of determining
its suitability to hold a solid waste permit;
(2) The recipient of the release is authorized to
release any and all information pertaining to the named business, documentary
or otherwise, as requested by an appropriate employee, agent, or representative
of the New Hampshire office of the attorney general;
(3) The authorization supersedes and countermands
any prior request or authorization to the contrary; and
(4) A photostatic or electronic
copy of the authorization shall be considered as effective and valid as the
original.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; (see also Revision
Note at part heading for Env-Sw 316); ss by #13386, eff 5-26-22
Env-Sw
316.07 Filing of Disclosure Forms.
(a) The applicant shall transmit all original
signed disclosure forms by certified mail, return receipt requested or by
hand-delivery to the NHDOJ, attn: environmental bureau chief.
(b) The submittal made pursuant to (a) above
shall be accompanied by a notice of filing pursuant to Env-Sw 303.12.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Env-Sw
316.08 Background Investigation Fee. Pursuant to Env-Sw 310 and upon presentation
of an accounting and request for payment from the NHDOJ, the applicant shall
pay the cost incurred by the NHDOJ to complete the background investigation and
prepare a report to the department as required in RSA 149-M:9, III and IX.
Source. (see Revision Note at chapter heading for
Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14
Appendix A
Rule
Section(s) |
Statute(s)
Being Implemented |
|
|
Env-Sw 301 |
RSA 149-M:6,III; RSA 149-M:7; |
Env-Sw 302 |
RSA 149-M:6,III; RSA 149-M:7, V |
Env-Sw 303 |
RSA 149-M:6,III; RSA 149-M:7,III; RSA 149-M:9 |
Env-Sw 304 |
RSA 149-M:6,III; RSA 149-M:6,V; RSA 149-M:9,VIII; RSA 149-M:11,IV(a) |
Env-Sw 305 |
RSA 149-M:6,III; RSA 149-M:9,VIII; RSA 149-M:12 |
Env-Sw 306 |
RSA 149-M:6,III; RSA 149-M:7 |
Env-Sw 307 |
RSA 149-M:6,III; RSA 149-M:7 |
Env-Sw 308 |
[Reserved] |
Env-Sw 309 |
RSA 149-M:7,V; RSA 149-M:7,XIV |
Env-Sw 310 |
RSA 149-M:6,III; RSA 149-M:7,V; RSA 149-M:9,V |
Env-Sw 311 |
RSA 149-M:6,III; RSA 149-M:7; RSA 149-M:9 |
Env-Sw 312 |
RSA 149-M:6,III; RSA 149-M:7: RSA 149-M:9 |
Env-Sw 313 |
RSA 149-M:6,III; RSA 149-M:7; RSA 149-M:9 |
Env-Sw 314 |
RSA 149-M:6,III; RSA 149-M:7; RSA 149-M:9 |
Env-Sw 315 |
RSA 149-M:6,III; RSA 149-M:7; RSA 149-M:9 |
Env-Sw 316 |
RSA 149-M:6,III; RSA 149-M:9,III & IX |