N.H. Code Admin. R. Ann. Env-Sw — Solid Waste Programs

Chapter Env-Sw 100 Solid Waste Program: Purpose, Applicability, and Definitions

Part Env-Sw 101 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 101.01 Purpose {#sec-env-sw-101.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 101.01}

The purpose of the rules in subtitle Env-Sw is to minimize risks to the environment and public health and safety by assuring proper management of solid waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 101.02 Applicability {#sec-env-sw-101.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 101.02}

(a) The rules in subtitle Env-Sw shall apply to management of solid waste in New Hampshire.

(b) In subtitle Env-Sw, any requirement that applies to a permitted facility shall be a requirement that applies to the permittee.

(c) In subtitle Env-Sw, any requirement that applies to an unpermitted facility shall be a requirement that applies to the facility owner.

(d) The rules in subtitle Env-Sw shall not be construed to preclude compliance with other federal or state statutes, rules, or regulations. If a conflict arises between the rules in subtitle Env-Sw and any federal or state statute, rule, or regulation, the more stringent requirement(s) shall apply.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 101.03 Solid Waste Exclusions {#sec-env-sw-101.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 101.03}

The solid waste rules shall not apply to the following wastes and materials:

(a) Hazardous waste as defined in RSA 147-A:2, VII including a solid waste which the generator formally declares in accordance with Env-Hw 502.01 to be a hazardous waste and which is subsequently managed as a hazardous waste pursuant to the requirements of RSA 147-A;

(b) Solid or dissolved materials in irrigation return flows;

(c) Cut or uprooted stumps buried on-site with local approval, if required, provided that such burial locations are not located within 75 feet of any drinking water supply;

(d) Municipal and industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended;

(e) Radioactive materials as defined and regulated by the New Hampshire rules for the control of radiation, He-P 4000;

(f) Septage as defined in RSA 485-A:2, IX-a;

(g) Sludge as defined in RSA 485-A:2, XI-a, namely “the solid or semi-solid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M”;

(h) Yard waste;

(i) Bodies of deceased persons; and

(j) Waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500 and actively managed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 101.04 Solid Waste Facility Exclusions {#sec-env-sw-101.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 101.04}

The solid waste rules shall not apply to a facility that has demonstrated to the department, by complying with the registration requirements in Env-Sw 309, that it stopped receiving waste before July 10, 1981.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

Part Env-Sw 102 Solid Waste Rule Definitions: a Through E

N.H. Code Admin. R. Ann. Env-Sw 102.01 100-year flood {#sec-env-sw-102.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.01}

“100-year flood” means a flood that has a one percent (1 in 100) chance of being equaled or exceeded in any given year.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.02 500-year flood {#sec-env-sw-102.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.02}

“500-year flood” means a flood that has a 0.2 percent,1 in 500, chance of being equaled or exceeded in any given year.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.03 Abutter {#sec-env-sw-102.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.03}

“Abutter” means “abutter” as defined in RSA 149-M:4, I, namely “any person who owns property adjacent to, or across a road, railroad, utility corridor, or watercourse from the property on which a solid waste facility may be permitted.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.01) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.04 Accumulated waste {#sec-env-sw-102.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.04}

“Accumulated waste” means the quantity of waste stored at a facility in excess of the storage capacity specified in the permit or permit exemption.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.02) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.05 Active life {#sec-env-sw-102.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.05}

“Active life” means that period of time at a facility during which solid waste is or will be received, processed, treated, or disposed, beginning with the date of first waste receipt and ending with the date waste is last received, processed, treated, or disposed. The term includes both operating and non-operating days falling between the described beginning and ending points.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.03) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.06 Actively manage {#sec-env-sw-102.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.06}

“Actively manage” means to handle a waste or material, including waste-derived products and recyclable materials, in a controlled manner without causing:

(a) A nuisance;

(b) An adverse effect to the environment, public health and safety;

(c) Accumulations which have no identifiable destination or value; and

(d) A loss of material value in the market place due to material damage, degradation, or contamination.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.04) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.07 Advanced recycling {#sec-env-sw-102.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.07}

“Advanced recycling” means “advanced recycling” as defined in RSA 149-M:4, I-a, namely “a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstock chemicals, and other products like waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and other similar technologies. For the purposes of this chapter, the primary products of advanced recycling shall not include hydrocarbons which are marketed, sold, or used as fuel for energy. Incidental products may be used for fuel only within the facility. For the purposes of this chapter, "advanced recycling" shall not be considered solid waste management, solid waste processing, waste processing, treatment, incineration, or combustion.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.08 Advanced recycling facility {#sec-env-sw-102.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.08}

“Advanced recycling facility” means “advanced recycling facility” as defined in RSA 149-M:4, I-b, namely “a facility that receives, stores, and converts post-use polymers and recovered feedstock it receives using advanced recycling. An advanced recycling facility shall be considered a manufacturing facility. For the purpose of this chapter, “advanced recycling facility” shall not include a facility, solid waste facility, solid waste management facility, waste management facility, processing/treatment facility, solid waste collection, storage, and transfer facility, processing facility, treatment facility, or an incinerator.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.09 Affiliate {#sec-env-sw-102.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.09}

“Affiliate” means a person that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the applicant, registrant, or permittee.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.10 Alternate daily cover {#sec-env-sw-102.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.10}

“Alternate daily cover” means a material, other than natural soils, approved by the department for use as daily cover.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.11 Amended water {#sec-env-sw-102.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.11}

“Amended water” means water to which a chemical wetting agent, such as a surfactant, has been added to improve penetration of the water into asbestos or other materials to limit the potential for airborne particulates.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.05) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.12 Applicant {#sec-env-sw-102.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.12}

“Applicant” means the person applying for a permit, permit modification, certificate, waiver, or other approval pursuant to the solid waste rules.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.07) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.13 Application {#sec-env-sw-102.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.13}

“Application” means information and documentation submitted to the department by an applicant to request a permit, permit modification, certificate, waiver, or other approval pursuant to the solid waste rules.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.08) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.14 Approved bulking agent {#sec-env-sw-102.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.14}

“Approved bulking agent” means any material which a facility is authorized in the permit or by the solid waste rules to mix with waste to provide, for processing or treatment of the waste, a source of carbon, air spaces, and liquid absorption. The term includes waste-derived products certified for distribution and use as a bulking agent pursuant to Env-Sw 1500.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24, EXPIRES: 10-23-34 (formerly Env-Sw 102.06) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.15 Aquifer {#sec-env-sw-102.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.15}

“Aquifer” means a geological formation, group of formations, or part of a formation, that is capable of yielding usable quantities of groundwater.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.12) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.16 Asbestos {#sec-env-sw-102.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.16}

“Asbestos” means asbestos as defined in RSA 141-E:2, I, namely “amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.13) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.17 Asbestos-containing material (ACM) {#sec-env-sw-102.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.17}

“Asbestos-containing material (ACM)” means any material that contains any type of asbestos in an amount greater than one percent by weight, area, or volume, either alone or mixed with other fibrous or non-fibrous materials.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.18 Asbestos waste {#sec-env-sw-102.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.18}

“Asbestos waste” means:

(a) Any asbestos or asbestos-containing material, product, or by-product that is discarded or abandoned; and

(b) Any asbestos-containing material that is collected in a pollution control device designed to remove asbestos.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.14) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.19 Asbestos waste site {#sec-env-sw-102.19 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.19}

“Asbestos waste site” means any site that is not permitted to receive asbestos, where asbestos waste, either on the surface or subsurface, is located.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.15) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.20 Authorized contact {#sec-env-sw-102.20 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.20}

“Authorized contact” means the primary contact associated with and designated by the facility owner, applicant, registrant, or permittee to be the contact individual for the proposed or existing facility.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.21 Authorized facility {#sec-env-sw-102.21 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.21}

“Authorized facility” means a facility holding all requisite federal, state, or local permits, licenses, or approvals. As applied to a New Hampshire facility, the term includes both permitted facilities and permit-exempt facilities which hold all requisite federal and local permits, licenses, or approvals.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.16) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.22 Authorized waste {#sec-env-sw-102.22 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.22}

“Authorized waste” means a waste that is approved by the department for receipt by a facility, as specified in the permit or permit exemption as applicable.

pter heading for Env-Sw 100)

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.17) (see Revision Note #2 at cha+

N.H. Code Admin. R. Ann. Env-Sw 102.23 Bill of lading {#sec-env-sw-102.23 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.23}

“Bill of lading” means a receipt, issued by the transporter, listing waste and/or materials shipped.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.19) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.24 Biologicals {#sec-env-sw-102.24 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.24}

“Biologicals” means preparations made from living organisms and their products, including vaccines and cultures, intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.20) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.25 Body fluids {#sec-env-sw-102.25 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.25}

“Body fluids” means liquid emanating or derived from humans and limited to blood, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids and semen and vaginal secretions.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.21) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.26 Bottom ash {#sec-env-sw-102.26 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.26}

“Bottom ash” means the ash residue remaining after combustion of solid waste, fossil fuel, wood, sludge, or other materials in an incinerator that is discharged through and from the grates, combustor, or stoker.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.22) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.27 Bulky waste {#sec-env-sw-102.27 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.27}

“Bulky waste” means large items that cannot be handled by normal solid waste processing, collection, or disposal methods, such as white goods, furniture, large auto parts, tires, and, when they are not buried on-site in accordance with RSA 149-M:4, XXII, tree stumps.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.23) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.28 Bypass waste {#sec-env-sw-102.28 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.28}

“Bypass waste” means any waste that is delivered to a processing or treatment facility but cannot be processed or treated by the facility. The term includes downtime waste, excess waste, unsuitable waste, and accumulated waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.24) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.29 Call {#sec-env-sw-102.29 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.29}

“Call” means action by the department to invoke the provisions of a temporary permit requiring the permittee to either commence the facility closure proces or the process for obtaining a permanent permit issued pursuant to RSA 149-M and the solid waste rules for continued operation of the facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.25) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.30 Cap {#sec-env-sw-102.30 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.30}

“Cap” means the final cover placed over solid waste at a landfill to minimize the amount of precipitation contacting the solid waste, to prevent contact with the solid waste, and to assist in the collection of landfill gas.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.26) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.31 Capacity needs {#sec-env-sw-102.31 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.31}

“Capacity needs” means the amount of facility capacity identified as necessary to accommodate the management of solid waste for:

(a) The state, as contained in the most recent version of the state solid waste plan required by RSA 149-M:6, VI; and

(b) A solid waste management district, as contained in the most recent version of that district's solid waste plan required by RSA 149-M:24, IV.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.27) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.32 Cell {#sec-env-sw-102.32 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.32}

“Cell” means, within a landfill, the smallest unit of subdivided area which is surrounded by berms that hydraulically separate the cell, when active, from other cells of the landfill when such other cells have not yet received wastes or been constructed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.28) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.33 Certified operator {#sec-env-sw-102.33 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.33}

“Certified operator” means an individual certified pursuant to Env-Sw 1600.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.29) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.34 Certified waste-derived product {#sec-env-sw-102.34 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.34}

“Certified waste-derived product” means “certified waste-derived product” as defined in RSA 149-M:4, II-a, namely “a constituent of solid waste which is no longer regulated as a solid waste when certified by the department to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using, or disposing comparable products which are not waste-derived. Products derived from advanced recycling shall not be considered waste-derived products or require certification as waste-derived products.” The term also includes any waste-derived product certified for distribution and use pursuant to Env-Sw 1500.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.30) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.35 Closure {#sec-env-sw-102.35 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.35}

“Closure” means the procedures used to permanently cease use of a facility, or portion thereof, in a manner that will minimize future risks of environmental damage and includes all required post-closure inspection, monitoring, and maintenance activities.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.31) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.36 Coefficient of permeability {#sec-env-sw-102.36 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.36}

“Coefficient of permeability” means saturated hydraulic conductivity and is the rate of laminar flow of water through a unit cross-sectional area of porous medium under a unit hydraulic gradient at a standard temperature.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.32) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.37 Collection, storage, and transfer facility {#sec-env-sw-102.37 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.37}

“Collection, storage, and transfer facility” means a facility which collects waste from any location, stores the waste for a limited period of time, and subsequently transfers the waste to another location without having changed the characteristics of the waste as received except by having sorted, packaged, or compacted the waste. The term includes “transfer station” as defined in Env-Sw 104.63, “recycling facility” as defined in Env-Sw 104.25, stockpiles of waste, and collection devices such as dumpsters.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.35); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.33) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.38 Combined ash {#sec-env-sw-102.38 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.38}

“Combined ash” means a mixture of bottom ash and fly ash.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.36); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.34) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.39 Commercial facility {#sec-env-sw-102.39 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.39}

“Commercial facility” means a facility which receives waste from an unlimited service area. The term does not include limited public and limited private facilities.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.37); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.35) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.40 Commissioner {#sec-env-sw-102.40 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.40}

“Commissioner” means the commissioner as defined by RSA 149-M:4, III, namely “the commissioner of the department of environmental services.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.38); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.36) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.41 Compost {#sec-env-sw-102.41 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.41}

“Compost” means “compost” as defined in RSA 149-M:4, IV, namely “a stable, humus-like substance which is derived from a process involving the biological decomposition of any readily biodegradable material, such as animal manure, garbage, yard waste, septage, sludge, or other organic solid wastes, and which can be beneficially re-used for land application.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.39); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.37) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.42 Composting facility {#sec-env-sw-102.42 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.42}

“Composting facility” means a facility which produces compost.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.40); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.38) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.43 Computer {#sec-env-sw-102.43 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.43}

“Computer” means “computer” as defined in RSA 149-M:4, IV-b.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.44 Computer monitor {#sec-env-sw-102.44 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.44}

“Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.45 Computer peripheral {#sec-env-sw-102.45 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.45}

“Computer peripheral” means a keyboard, mouse or any other device sold exclusively for external use with a computer that produces input or output into or from a computer.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.46 Confidential business information {#sec-env-sw-102.46 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.46}

“Confidential business information” means information that is exempt from disclosure under RSA 91-A:5, IV.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.41); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.39) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.47 Construction and demolition debris {#sec-env-sw-102.47 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.47}

“Construction and demolition debris” means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair, or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.42); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.40) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.48 Contingency plan {#sec-env-sw-102.48 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.48}

“Contingency plan” means a document describing organized, planned, and technically-coordinated courses of action to be followed by a facility in case of emergency or other special conditions, such as equipment breakdowns, fire, odor, vectors, explosion, spills, receipt or release of hazardous or toxic materials or substances, groundwater, surface water, or air contamination attributable to a facility, and other incidents that could threaten human health or safety or the environment..

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.43); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.41) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.49 Council {#sec-env-sw-102.49 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.49}

“Council” means the waste management council established by RSA 21-O:9.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.44); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.42) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.50 Cover material {#sec-env-sw-102.50 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.50}

“Cover material” means soil or other functionally equivalent material that is placed over solid waste at a landfill. The term does not include materials used to construct a landfill capping system.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.45); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.43) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.51 Daily cover {#sec-env-sw-102.51 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.51}

“Daily cover” means the natural soils applied to the working face of a landfill at the end of each operating day.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.52 Department {#sec-env-sw-102.52 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.52}

“Department” means “department” as defined by RSA 149-M:4, V, namely “the department of environmental services.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.46); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.44) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.53 Depolymerization {#sec-env-sw-102.53 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.53}

“Depolymerization” means “depolymerization” as defined in RSA 149-M:4, V-a, namely “a manufacturing process where post-use polymers are broken into smaller molecules such as monomers, oligomers, plastic or chemical feedstocks, or other basic raw materials.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.54 Design capacity {#sec-env-sw-102.54 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.54}

“Design capacity” means the quantity of waste a facility is designed to manage, expressed as follows:

(a) For all facilities:

(1) The maximum daily tonnage to be received at a facility;

(2) The average weekly tonnage to be received at the facility during the quarter in which the most waste is anticipated to be received; and

(3) The design storage capacity;

(b) For processing or treatment or transfer facilities, the rated through-put capacity of the equipment for processing of solid waste; and

(c) For landfills, the design volume.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.55 Design storage capacity {#sec-env-sw-102.55 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.55}

“Design storage capacity” means the maximum quantity of waste, expressed in cubic yards and tons, which a facility is designed to store, not including design volume.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.56 Design volume {#sec-env-sw-102.56 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.56}

“Design volume” means the maximum in-place volume of waste, including cover materials, to be received at a landfill during its active life.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.57 Designated river {#sec-env-sw-102.57 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.57}

“Designated river” means that portion of a river which has been specifically designated by the general court pursuant to RSA 483:15.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.47); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.45) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.58 Director {#sec-env-sw-102.58 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.58}

“Director” means the director of the division of waste management.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.48); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.46) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.59 Discharge {#sec-env-sw-102.59 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.59}

“Discharge” means the accidental or intentional release, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of any solid waste or solid waste constituent, including leachate, into or on any air, land, or water.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.49); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.47) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.60 Disposal {#sec-env-sw-102.60 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.60}

“Disposal” means “disposal” as defined in RSA 149-M:4, VI, namely “the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the possible result that such solid waste or any constituent of it may enter the environment, be emitted into the air, or be discharged into any waters, including groundwater.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.50); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.48) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.61 District {#sec-env-sw-102.61 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.61}

“District” means “district” as defined by RSA 149-M:4,VII, namely “a solid waste management district established under RSA 149-M:24.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.51); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.49) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.62 District plan {#sec-env-sw-102.62 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.62}

“District plan” means “district plan” as defined in RSA 149-M:4, VIII, namely “the plan developed for waste management within a district, and approved by the department.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.52); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.50) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.63 Diversion {#sec-env-sw-102.63 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.63}

“Diversion” means the management of solid waste by methods other than landfilling or incineration. Diversion includes recycling, composting, reuse, and energy recovery not involving combustion. Diversion does not include use of materials for alternate daily cover at landfills or the incineration of solid waste to produce energy.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.64 Division {#sec-env-sw-102.64 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.64}

“Division” means the division of waste management within the department of environmental services.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.53); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.51) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.65 Dormant application {#sec-env-sw-102.65 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.65}

“Dormant application” means an application for which the applicant has failed to submit the information required to complete the application within 12 months of the date the department first notifies the applicant that the application is incomplete.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.54); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.52) (see Revision Note #2 at chapter heading for Env-Sw 100

N.H. Code Admin. R. Ann. Env-Sw 102.66 Downtime waste {#sec-env-sw-102.66 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.66}

“Downtime waste” means any processable or treatable solid waste accumulated during a scheduled or unscheduled shut-down of facility operations.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.55); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.53) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.67 Electronic waste {#sec-env-sw-102.67 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.67}

“Electronic waste” means “electronic waste” as defined in RSA 149-M:4, VIII-a, namely “includes computer monitors containing a cathode ray tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma and LCD televisions, printers, cell phones, copiers, fax machines, and video display media recorder/players.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.68 Emergency permit {#sec-env-sw-102.68 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.68}

“Emergency permit” means a permit issued pursuant to the solid waste rules which authorizes waste management activities at a facility 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 would result in an unnecessary risk to public health, safety, or the environment.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.56; ss by #14103, effective 10-23-24 (formerly Env-Sw 102.54) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.69 Emergency permit facility {#sec-env-sw-102.69 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.69}

“Emergency permit facility” means a facility authorized or requiring authorization by issuance of an emergency permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.57); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.55) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.70 Encapsulant or sealant {#sec-env-sw-102.70 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.70}

“Encapsulant or sealant” means a substance applied to a material, such as friable asbestos, which controls the release of airborne fibers or particles.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.58); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.56) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.71 End-of-life motor vehicle {#sec-env-sw-102.71 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.71}

“End-of-life motor vehicle” means “end-of-life motor vehicle” as defined in RSA 149-M:4, VIII-b, namely “a wrecked, worn-out, junk, or other motor vehicle, as defined in RSA 259:60, I, that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.72 Endangered or threatened species {#sec-env-sw-102.72 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.72}

“Endangered or threatened species” means any species protected under the Federal Endangered Species Act or under NH RSA 212-A, Endangered Species Conservation Act.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.59); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.57) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.73 Environmental monitoring points {#sec-env-sw-102.73 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.73}

“Environmental monitoring points” means locations, monitoring wells, gas probes, and devices for sampling air, soil, groundwater, or surface water at a facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.60); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.58) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.74 Excess waste {#sec-env-sw-102.74 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.74}

“Excess waste” means solid waste which cannot be processed or treated because the facility is operating at its approved design capacity.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.61); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.59) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 102.75 Expansion {#sec-env-sw-102.75 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 102.75}

“Expansion” means an increase in the approved design capacity, approved design volume, or approved storage capacity of a facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; renumbered by #13357 (formerly Env-Sw 102.63); ss by #14103, effective 10-23-24 (formerly Env-Sw 102.61) (see Revision Note #2 at chapter heading for Env-Sw 100)

Part Env-Sw 103 Solid Waste Rule Definitions: F Through O

N.H. Code Admin. R. Ann. Env-Sw 103.01 Facility {#sec-env-sw-103.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.01}

“Facility” means “facility” as defined in RSA 149-M:4, IX, namely “a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste.” The term includes “solid waste facility,” “waste management facility”, and “solid waste management facility.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.02 Facility identification {#sec-env-sw-103.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.02}

“Facility identification” means, in the context of filing an application or registration pursuant to the solid waste rules, all of the following information for a facility:

(a) Name;

(b) Functional classification pursuant to Env-Sw 302.05;

(c) Mailing address;

(d) Permit number, if applicable;

(e) Location by street address and municipality; and

(f) If not yet issued a permit:

(1) Local tax map and lot numbers;

(2) Deed reference by county, volume and page numbers;

(3) A plotting on a United States Geological Survey (USGS) topographic map, or copy thereof, prepared at a scale of 1:24,000 or 1:25,000;

(4) Latitude and longitude of a known fixed point on the site; and

(5) Written directions from a known point of reference in the vicinity of the facility site.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.03 Facility operator {#sec-env-sw-103.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.03}

“Facility operator” means the person to whom operation of a facility, in whole or in part, has been contracted or otherwise delegated by the permittee through written agreement. The term does not include certified operator as defined in Env-Sw 102.33.

History

• #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.04 Facility owner {#sec-env-sw-103.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.04}

“Facility owner” means a person who owns a facility or part of a facility.

History

• #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.05 Floodplain {#sec-env-sw-103.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.05}

“Floodplain” means the land area adjoining inland or coastal waters which is capable of being inundated by a flood.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.06 Fly ash {#sec-env-sw-103.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.06}

“Fly ash” means the ash residue from the combustion of solid waste, fossil fuel, wood, sludge, or other material that is entrained in the gas stream of the incinerator and removed by the air pollution control equipment.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.04) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.07 Food waste {#sec-env-sw-103.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.07}

“Food waste” means “food waste” as defined in RSA 149-M:4, IX-a, namely “the organic residues generated by the handling, preparation, storage, sale, and serving of foods and beverages. ‘Food waste’ includes pre-consumer and post-consumer organic residues, food scraps, and non-petroleum oil used for food preparation provided it does not contain sanitary wastewater.”

History

• #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.08 Footprint {#sec-env-sw-103.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.08}

“Footprint” means:

(a) For a permitted landfill or stockpile, the area in which solid waste actually exists or formerly existed, or is proposed to be placed, as authorized in the permit, regardless of whether solid waste has actually been deposited;

(b) For a proposed landfill or stockpile, the area in which solid waste is to be placed as proposed in the permit application; and

(c) For any other landfill or stockpile, the area in which solid waste actually exists.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.05) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.09 Friable asbestos {#sec-env-sw-103.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.09}

“Friable asbestos” means “friable asbestos material” as defined in 40 CFR 61, namely “any material containing more than one percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.06) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.10 Gasification {#sec-env-sw-103.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.10}

“Gasification” means “gasification” as defined in RSA 149-M:4, IX-c, namely “a manufacturing process through which recovered feedstocks are heated and converted into synthesis gas in an oxygen-deficient atmosphere and the mixture is converted into valuable raw materials.”

History

• #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.11 General permit {#sec-env-sw-103.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.11}

“General permit” means “general permit” as defined in RSA 149-M:4, IX-b, namely “a permit which contains terms and conditions applicable to a specific category of facility, which applies to any facility in that category which has submitted the required information and agreed to abide by the stated terms and conditions.”

History

• #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.12 Generator {#sec-env-sw-103.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.12}

“Generator” means any person whose act or process produces a waste or whose act first causes waste to be subject to regulation.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.07) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.13 Geocomposite {#sec-env-sw-103.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.13}

“Geocomposite” means a manufactured material using geotextiles, geogrids, geomembranes, or combinations of same, in a laminated or composite form.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.08) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.14 Geogrid {#sec-env-sw-103.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.14}

“Geogrid” means a netlike polymeric material used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system to provide reinforcement to soil slopes.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.09) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.15 Geomembrane {#sec-env-sw-103.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.15}

“Geomembrane” means an essentially impermeable membrane used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system designed to limit the movement of liquid or gas into or out of the system.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.10) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.16 Geosynthetics {#sec-env-sw-103.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.16}

“Geosynthetics” means the generic classification of all synthetic materials used in geotechnical engineering applications, including geotextiles, geogrids, geomembranes, and geocomposites.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.12) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.17 Geotextile {#sec-env-sw-103.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.17}

“Geotextile” means any permeable textile used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system which is designed to act as a filter to prevent the flow of soil fines or other particles into drainage systems, or to provide planar flow for drainage, or to serve as a cushion to protect geomembranes, or to provide structural support.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.13) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.18 Groundwater {#sec-env-sw-103.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.18}

“Groundwater” means water below the land surface in the zone of saturation of soil or rock and includes perched water separated from the main body of groundwater by an unsaturated zone.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.14) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.19 Groundwater table {#sec-env-sw-103.19 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.19}

“Groundwater table” means the seasonally high surface of groundwater naturally occurring at atmospheric pressure.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.15) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.20 Hazardous waste {#sec-env-sw-103.20 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.20}

“Hazardous waste” means “hazardous waste” as defined in RSA 147-A:2, VII, namely “a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, disposed of, or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.16) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.21 Hazardous waste rules {#sec-env-sw-103.21 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.21}

“Hazardous waste rules” means the rules found in Env-Hw 100-1300.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.17) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.22 Hearing {#sec-env-sw-103.22 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.22}

“Hearing” means “hearing” as defined in RSA 149-M:4, X, namely “the opportunity for the submission of written or oral comments, or both.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.18) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.23 High level disinfection {#sec-env-sw-103.23 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.23}

“High level disinfection” means inactivation of all vegetative bacteria, fungi, lipophilic/hydrophilic viruses, parasites, and mycobacteria at a 6 Log10, or a million-fold, reduction or greater.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.19) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.24 Household hazardous waste {#sec-env-sw-103.24 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.24}

“Household hazardous waste” means household waste that would be hazardous waste if generated anywhere other than in a household.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.20) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.25 Household infectious waste {#sec-env-sw-103.25 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.25}

“Household infectious waste” means infectious waste generated from non-commercial medical treatment of individuals in personal residences, such as needles from self-administered insulin treatments.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.21) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.26 Identification of parties {#sec-env-sw-103.26 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.26}

“Identification of parties” means, in the context of filing an application or registration pursuant to the solid waste rules, all of the following information for the applicant or registrant, facility operator, facility owner, and property owner:

(a) If an individual, the individual’s name, date of birth, mailing address, telephone number, and email address; or

(b) If other than an individual:

(1) The information required by RSA 149-M:10, I(b);

(2) Affirmation of registration with the New Hampshire secretary of state to do business in New Hampshire, including the date registered, the business identification number (BIN) assigned by the New Hampshire secretary of state, and current standing; and

(3) The authorized contact information.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.22) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.27 Imminent hazard {#sec-env-sw-103.27 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.27}

“Imminent hazard” means any condition or practice which presents a substantial and immediate threat to human health, safety, or the environment.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.23) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.28 Impermeable {#sec-env-sw-103.28 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.28}

“Impermeable” means not permitting passage through a substance which, when used in the solid waste rules to describe any soil or geosynthetic component of a landfill liner or cap, means the component has a saturated hydraulic conductivity of 1 x 10 -7 cm/sec or less.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.24) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.29 Incinerator {#sec-env-sw-103.29 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.29}

“Incinerator” means “incinerator” as defined in RSA 149-M:4, X-a, namely “a facility which employs a method of using controlled thermal combustion, including flame combustion, to thermally break down waste or other materials, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.25) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.30 Inert construction and demolition debris {#sec-env-sw-103.30 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.30}

“Inert construction and demolition debris” means construction and demolition debris which is comprised of materials that do not degrade, combust, or generate leachate.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.26) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.31 Infectious agent {#sec-env-sw-103.31 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.31}

“Infectious agent” means any organism, such as a virus, bacteria, parasite, fungus, or other microbial agent which is capable of being communicated by invasion and multiplication in body tissues and body fluids, and capable of causing disease or adverse health impacts in humans.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.27) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.32 Infectious waste {#sec-env-sw-103.32 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.32}

“Infectious waste” means any waste which because of its infectious nature may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.28) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.33 Insignificant effect on environmental quality {#sec-env-sw-103.33 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.33}

“Insignificant effect on environmental quality” means a minimal adverse change in the quality of groundwater, surface water, air quality, or public health, either for the short term or the long term.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.29) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.34 Intermediate cover {#sec-env-sw-103.34 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.34}

“Intermediate cover” means the material placed over waste at a landfill prior to constructing a cap. The term does not include “daily cover.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.35 Land owner {#sec-env-sw-103.35 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.35}

“Land owner” means the record owner of a parcel of land upon which a facility is or is proposed to be located.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.30) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.36 Landfill reclamation {#sec-env-sw-103.36 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.36}

“Landfill reclamation” means the excavation of a portion or all of a landfill for the purpose of reducing landfill volume, reducing closure and post-closure costs by complete or partial removal of the landfill, creating capacity, or reducing adverse environmental impacts through the mining and separation of waste and soils into recyclable, reusable, or combustible components. The term does not include recontouring, regrading, or relocating existing waste at a landfill to reduce the landfill footprint or to achieve final grades.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.31) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.37 Landfill {#sec-env-sw-103.37 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.37}

“Landfill” means a facility which collects and disposes of waste by landfilling methods. The term includes facilities that collect and store waste indefinitely. The term does not include incinerators, land application sites, surface impoundments, and injection wells.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.32) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.38 Landfilling {#sec-env-sw-103.38 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.38}

“Landfilling” means a method of disposing of solid waste, by the intentional placement of the solid waste in or on land where it will remain after closure.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.33) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.39 Leachate {#sec-env-sw-103.39 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.39}

“Leachate” means a liquid, including any suspended components in the liquid, which has contacted or passed through solid waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.34) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.40 Lift {#sec-env-sw-103.40 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.40}

“Lift” means a layer of compacted solid waste and the cover material immediately above it in a landfill or other land disposal site.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.35) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.41 Limited private facility {#sec-env-sw-103.41 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.41}

“Limited private facility” means a type of “private facility” as defined in RSA 149-M:4, XVI that is permitted to receive only wastes generated by permittee.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.36) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.42 Limited public facility {#sec-env-sw-103.42 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.42}

“Limited public facility” means a type of “public facility” as defined in RSA 149-M:4, XVIII that is permitted to receive only wastes generated by sources that are within the permittee’s jurisdiction or within the jurisdiction of other towns, governmental units, agencies, political subdivisions, or districts that have entered into a written agreement with the permittee for management of said waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.37) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.43 Limited service {#sec-env-sw-103.43 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.43}

“Limited service” means the service type provided by a public or private facility which, through the conditions of the permit, allows the facility to receive authorized waste from specified sources only.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.38) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.44 Liner {#sec-env-sw-103.44 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.44}

“Liner” means a barrier that restricts the downward or lateral flow of the overlying waste and its constituents, or leachate. Liners can be either natural, for instance clay, or man-made, for instance plastic.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.39) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.45 Liquid waste {#sec-env-sw-103.45 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.45}

“Liquid waste” means any waste that is determined to contain “free liquids” as defined by Method 9095B (Paint Filter Liquids Test), included in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (EPA Publication SW–846), Third Edition, November 1986, as amended through Update VII, dated July 30, 2021, available as noted in Appendix B.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.46 Low permeability cap {#sec-env-sw-103.46 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.46}

“Low permeability cap” means a cap installed for landfill closure with a permeability of not greater than 1 x 10 -5 cm/sec.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.40) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.47 Lower explosive limit {#sec-env-sw-103.47 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.47}

“Lower explosive limit” means the lowest concentration by percentage in air of a flammable gas or vapor in which an explosion can occur upon ignition at 25ºC (78ºF) at atmospheric pressure.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.41) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.48 Manure {#sec-env-sw-103.48 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.48}

“Manure” means manure as defined in RSA 149-M:4, XI, namely “animal feces and urine with natural organic bedding materials such as hay, sawdust, straw, or wood chips, but exclusive of human waste.” The term also includes animal feces and urine which are not mixed with bedding or which are mixed with newsprint that has been used as bedding.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.42) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.49 Mechanically-stabilized earth berm {#sec-env-sw-103.49 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.49}

“Mechanically-stabilized earth berm” means an engineered reinforced soil berm consisting of alternating layers of compacted soil and reinforcing elements to retain earth for embankment support.

History

• #10593, eff 7-1-14; ss by #14103, effective 10-23-24 (formerly Env-Sw 103.43) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.50 Mixed municipal solid waste {#sec-env-sw-103.50 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.50}

“Mixed municipal solid waste” means municipal solid waste that is not separated by type.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.45); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.46) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.51 Monitoring well {#sec-env-sw-103.51 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.51}

“Monitoring well” means a well used for the purpose of sampling groundwater or measuring groundwater elevations.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.43); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.44) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.52 Monofill {#sec-env-sw-103.52 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.52}

“Monofill” means a landfill or landfill cell into which only one type of waste is placed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.44); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.45) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.53 Motor vehicle crusher {#sec-env-sw-103.53 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.53}

“Motor vehicle crusher” means “motor vehicle crusher” as defined in RSA 149-M:4, XI-a, namely “a mechanical device used to intentionally flatten and reduce the volume of end-of-life motor vehicles to facilitate the transportation of such vehicles to a scrap processing facility. The term includes both mobile and stationary devices. The term also includes loggers and balers.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.54 Motor vehicle recycling facility {#sec-env-sw-103.54 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.54}

“Motor vehicle recycling facility” means “motor vehicle salvage facility” as defined in RSA 149-M, XI-b, namely “a place where end-of-life motor vehicles are received, kept and drained, dismantled, or otherwise processed for final disposal at a scrap metal processing facility. The term shall not include any facility that does not require a license under RSA 236:111 through RSA 236:129.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.55 Municipal solid waste (MSW) {#sec-env-sw-103.55 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.55}

“Municipal solid waste (MSW)” means solid waste generated at residences, commercial or industrial establishments, and institutions, but excluding construction and demolition debris, automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media, and ash other than ash from household stoves.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.46); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.47) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.56 Non-friable asbestos {#sec-env-sw-103.56 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.56}

“Non-friable asbestos” means any asbestos material which does not contain friable asbestos.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.48); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.49) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.57 Non-friable category I asbestos {#sec-env-sw-103.57 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.57}

“Non-friable category I asbestos” means “category I nonfriable asbestos containing material (ACM)” as defined in 40 CFR 61, namely “asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.49); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.50) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.58 Non-friable category II asbestos {#sec-env-sw-103.58 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.58}

“Non-friable category II asbestos” means “category II nonfriable asbestos containing material (ACM)” as defined in 40 CFR 61, namely “any material, excluding Category I nonfriable ACM, containing more than one percent asbestos as determined using the methods specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.50); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.51) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.59 Non-landfill facility {#sec-env-sw-103.59 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.59}

“Non-landfill facility” means a facility which is not a landfill, including collection, storage and transfer facilities, processing or treatment facilities, and land application sites.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.51); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.52) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.60 Nonpoint sources {#sec-env-sw-103.60 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.60}

“Nonpoint sources” means pollution sources that are diffuse by nature, in that the pollution emitted does not normally enter the environment by discrete conveyances as do point sources. Nonpoint sources of pollution potentially result from activities associated with agriculture, silviculture, mining of sand and gravel, urban storm runoff, urban and rural construction, subsurface disposal systems, deicing salts from highways, and sludge, septage, and solid waste disposal on the land.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.52); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.53) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 103.61 Open burning {#sec-env-sw-103.61 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 103.61}

“Open burning” means “open burning” as defined in 40 CFR 61, namely “the combustion of solid waste without:

(a) Control of combustion air to maintain adequate temperature for efficient combustion;

(b) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and

(c) Control of the emissions of the combustion products.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 103.53); ss by #14103, effective 10-23-24 (formerly Env-Sw 103.54) (see Revision Note #2 at chapter heading for Env-Sw 100)

Part Env-Sw 104 Solid Waste Rule Definitions: P Through Z

N.H. Code Admin. R. Ann. Env-Sw 104.01 Permit {#sec-env-sw-104.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.01}

“Permit” means “permit” as defined in RSA 149-M:4, XIV, namely “an authorization from the department for the construction and operation of a facility.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.02 Permit-by-notification {#sec-env-sw-104.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.02}

“Permit-by-notification” means a permit, obtained after supplying notification in accordance with the requirements of Env-Sw 311, authorizing the construction and operation of certain solid waste facilities as prescribed in Env-Sw 407, Env-Sw 507, and Env-Sw 607.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.03 Permit-by-notification facility {#sec-env-sw-104.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.03}

“Permit-by-notification facility” means a facility authorized or requiring authorization by issuance of a permit-by-notification.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.04 Permit-exempt facility {#sec-env-sw-104.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.04}

“Permit-exempt facility” means a facility not required by the solid waste rules to hold a permit issued pursuant to RSA 149-M, as specified by Env-Sw 302.03.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.05 Permitted facility {#sec-env-sw-104.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.05}

“Permitted facility” means a facility with a valid permit issued pursuant to RSA 149-M and the solid waste rules.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.06 Permittee {#sec-env-sw-104.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.06}

“Permittee” means a person to whom a permit to operate or construct a facility is issued pursuant to the solid waste rules or, in the case of a permit-exempt facility, the person who is responsible for construction, operation, maintenance, closure, and post-closure monitoring of the facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.07 Permittee identification {#sec-env-sw-104.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.07}

“Permittee identification” means all of the following information for the permittee:

(a) If an individual, the permittee’s name, permit number, mailing address, daytime telephone number, and email address; or

(b) If other than an individual, the name and mailing address of the corporation, partnership, or association, and the authorized contact information.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.08 Person {#sec-env-sw-104.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.08}

“Person” means “person” as defined in RSA 149-M:4, XV, namely “any individual; business entity, including a trust, firm, joint stock company, corporation (including a government corporation); partnership; association; government agency; or political subdivision of the state.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.07) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.09 Phase {#sec-env-sw-104.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.09}

“Phase” means, within a landfill, an area comprised of 2 or more stages and which is surrounded by berms that hydraulically separate the phase from other phases of the landfill when such phases have not yet received wastes or been constructed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.08) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.10 Preliminary plan {#sec-env-sw-104.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.10}

“Preliminary plan” means a plan for a proposed activity that provides sufficient information to determine that the proposed activity meets the requirements of the solid waste rules, but does not provide a level of detail or include documentation or features sufficient to implement the proposed activity in compliance with the solid waste rules. The term applies to design plans, operating plans, financial assurance plans, and closure plans for facilities.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.09) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.11 Private facility {#sec-env-sw-104.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.11}

“Private facility” means a “private facility” as defined in RSA 149-M:4, XVI, namely “one whose permit is held by a person other than a government unit or agency or political subdivision of the state.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.10) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.12 Post-closure care {#sec-env-sw-104.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.12}

“Post-closure care” means the inspection, monitoring, maintenance, and repair of a facility, or any part thereof, after closure.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.13 Post-use polymer {#sec-env-sw-104.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.13}

“Post-use polymer” means “post-use polymer” as defined in RSA 149-M:4, XV-a, namely “a plastic to which all of the following apply:

(a) The plastic is derived from industrial, commercial, agricultural, or domestic activities;

(b) The plastic is not mixed with solid waste or hazardous waste;

(c) The plastic’s use or intended use is as a feedstock for mechanical or chemical recycling; and

(d) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.14 Process {#sec-env-sw-104.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.14}

“Process” means any activity that changes the chemical, biological, or physical characteristics of a waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.11) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.15 Processed recyclable material {#sec-env-sw-104.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.15}

“Processed recyclable material” means a recyclable material which has been physically sorted and separated by material type, formed into bales or otherwise physically processed and packaged in a manner satisfying the specifications for transportation to and acceptance by a market that will use the material for the production of certified waste-derived products.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.12) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.16 Processing/treatment facility (P/T facility) {#sec-env-sw-104.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.16}

“Processing/treatment facility (P/T facility)” means a facility which collects waste from any location, stores the waste for a limited period of time, subsequently processes or treats the waste, subsequently stores the processed or treated waste for a limited period of time, and ultimately transfers the treated or processed waste to another location. The term excludes collection, storage, and transfer facilities, landfills and land application sites.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.13) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.17 Property owner {#sec-env-sw-104.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.17}

“Property owner” means the record owner of the parcel of land or structures, or both, where a facility is or is proposed to be located. The term includes “landowner.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.14) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.18 Public benefit {#sec-env-sw-104.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.18}

“Public benefit” means “public benefit” as defined in RSA 149-M:4, XVII, namely “the protection of the health, economy and natural environment of the state of New Hampshire consistent with RSA 149-M:11.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.15) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.19 Public facility {#sec-env-sw-104.19 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.19}

“Public facility” means “public facility” as defined in RSA 149-M:4, XVIII, namely “one whose permit is held by a town or other governmental unit or agency or political subdivision of the state, or a combination thereof.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.16) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.20 Putrescible material {#sec-env-sw-104.20 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.20}

“Putrescible material” means any organic material which can decompose and give rise to foul odors and noxious by-products.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.17) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.21 Pyrolysis {#sec-env-sw-104.21 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.21}

“Pyrolysis” means “pyrolysis” as defined in RSA 149-M:4, XVIII-a, namely “a manufacturing process through which post-use polymers are heated in the absence of oxygen, sometimes in the presence of catalysts, until thermally decomposed and are then cooled and condensed. The resulting chemicals, when separated from wastes, can provide raw materials for the production of plastics, lubricants, waxes, and other industrially useful chemicals.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.22 Qualified professional engineer {#sec-env-sw-104.22 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.22}

“Qualified professional engineer” means a person who is a registered professional engineer in New Hampshire and whose formal education, training, and experience in the field of engineering falls within the scope of the professional engineering efforts required to be undertaken.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.18) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.23 Recovered feedstock {#sec-env-sw-104.23 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.23}

“Recovered feedstock” means “recovered feedstock” as defined in RSA 149-M:4, XVIII-b, namely “one or more of the following materials that has been processed so it may be used as feedstock in an advanced recycling facility:

(a) Post-use polymers;

(b) Materials for which the United States Environmental Protection Agency has made a non waste determination pursuant to 40 C.F.R. 241.3(c), or has otherwise determined are feedstocks and not

solid waste;

(c) Recovered feedstock does not include unprocessed municipal solid waste; or

(d) Recovered feedstock is not mixed with solid waste or hazardous waste onsite or during

processing at an advanced recycling facility.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.24 Recyclable materials {#sec-env-sw-104.24 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.24}

“Recyclable materials” means “recyclable materials” as defined in RSA 149-M:4, XIX, namely “materials that can be used to produce marketable goods, including but not limited to separated clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, and paper.” The term does not include:

(a) Hazardous waste, hazardous air pollutants, and other waste not regulated as solid waste, as identified in Env-Sw 101.03;

(b) Waste identified as non-reusable in Env-Sw 900, including asbestos and infectious waste; and

(c) Wastes from an unspecified production or generation process, such as municipal solid waste incinerator ash and contaminated soils or absorbent media.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.19) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.25 Recycling {#sec-env-sw-104.25 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.25}

“Recycling” means “recycling” as defined in RSA 149-M:4, XX, namely “the collection, storage, processing and redistribution of recyclable materials.” The term excludes the redistribution of recyclable materials for any purpose constituting disposal as defined in RSA 149-M:4, VI, incineration, or another purpose not directly related to the production of certified waste-derived products.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.21) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.26 Recycling facility {#sec-env-sw-104.26 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.26}

“Recycling facility” means a collection, storage, and transfer facility which collects, stores, and prepares recyclable materials for market and transfers processed recyclable materials to markets for recycling. The term includes “recycling center.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.20) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.27 Refuse {#sec-env-sw-104.27 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.27}

“Refuse” means “refuse” as defined in RSA 149-M:4, XXI, namely “any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or the carcasses of animals; brick, plaster or other waste matter resulting from the demolition, alteration, or construction of buildings or structures; or accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.” The term does not include yard waste, actively managed waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500, and bodies of deceased persons. The term includes recyclable materials, whether processed or unprocessed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.22) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.28 Registrant {#sec-env-sw-104.28 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.28}

“Registrant” means the person registering for an exemption, a permit, a permit modification, or another approval pursuant to the solid waste rules and who will be responsible for complying with the provisions thereof, if approval is granted.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.29 Representative sample {#sec-env-sw-104.29 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.29}

“Representative sample” means a sample collected from a population or whole that exhibits the average or typical properties of the larger population or whole.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.23) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.30 Research and development facility permit {#sec-env-sw-104.30 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.30}

“Research and development facility permit” means a permit issued pursuant to the solid waste rules authorizing research and development projects.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.24) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.31 Research and development permit facility {#sec-env-sw-104.31 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.31}

“Research and development permit facility” means a facility authorized or requiring authorization by issuance of a research and development facility permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.25) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.32 Research and development project (R&D project) {#sec-env-sw-104.32 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.32}

“Research and development project (R&D project)” means a scientific study involving the collection, storage, transfer, processing, treatment, or disposal of solid waste, that is conducted by one or more investigators, qualified by reason of education and experience, and which is intended to further fundamental knowledge, evaluate processes or technologies, and generate and interpret data relative to solid waste management.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.26) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.33 Residual waste {#sec-env-sw-104.33 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.33}

“Residual waste” means solid waste remaining after processing, treatment, or disposal of solid waste or as a by-product of processing or treatment or disposal of solid waste, including leachate, decomposition gases, and waste-derived products not certified for distribution and use pursuant to Env-Sw 1500. The term includes “residuals.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.27) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.34 Reuse {#sec-env-sw-104.34 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.34}

“Reuse” means the act of placing a waste into service again, subsequent to its generation.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.28) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.35 Runoff {#sec-env-sw-104.35 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.35}

“Runoff” means the liquid that drains from an area as surface flow.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.29) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.36 Salvaged item or material {#sec-env-sw-104.36 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.36}

“Salvaged item or material” means an item or material which has been recovered or diverted from the solid waste stream and, without processing or treatment except for incidental cleaning, reconditioning or repair, is or will be used in a manner consistent with its original purpose. Examples include the following:

(a) Used auto parts which are removed from the vehicle and reused as auto parts on another vehicle;

(b) Used furniture pieces which are repaired or restored for use as furniture;

(c) Used tools or equipment which are reconditioned and returned to use as tools or equipment;

(d) Left-over latex paint used as paint;

(e) Scrap fabric used as fabric;

(f) Scrap lumber used as lumber; and

(g) Used brick used as brick.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.30) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.37 Saturated hydraulic conductivity {#sec-env-sw-104.37 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.37}

“Saturated hydraulic conductivity” means the rate of laminar flow of water through a unit cross-sectional area of porous medium under a unit hydraulic gradient at a standard temperature. The term includes “coefficient of permeability.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.31) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.38 Saturated zone {#sec-env-sw-104.38 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.38}

“Saturated zone” means that part of the earth’s crust in which the interconnected voids are filled with water at a pressure equal to or greater than atmospheric pressure. The term includes “zone of saturation.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.32) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.39 Scrap metal {#sec-env-sw-104.39 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.39}

“Scrap metal” means bits and pieces of metal parts or metal pieces that might be combined together with bolts or soldering which when worn or superfluous can be recycled.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.40 Select recyclable material {#sec-env-sw-104.40 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.40}

“Select recyclable material” means a recyclable material, including containers and packaging, comprised of one of the following materials: paper, cardboard, glass, plastic, ferrous metal, non-ferrous metal, or textile materials.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.33) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.41 Service area {#sec-env-sw-104.41 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.41}

“Service area” means the area(s) or place(s) from which a facility receives waste, typically identified by geographic location or by generator source, or a combination thereof.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.34) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.42 Service type {#sec-env-sw-104.42 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.42}

“Service type” means the type of service a facility provides based on the source of waste received, as follows:

(a) Unlimited service, as is provided by a commercial facility; or

(b) Limited service, as is provided by either a limited public or limited private facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.35) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.43 Solid waste {#sec-env-sw-104.43 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.43}

“Solid waste” means “solid waste” as defined in RSA 149-M:4, XXII, namely “any matter consisting of putrescible material, refuse or residue from an air pollution control facility; and other discarded or abandoned material. It includes solid, liquid, semi‑solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter it does not include hazardous wastes as defined in RSA 147‑A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended; source, special nuclear or by‑product materials as defined in the Atomic Energy Act of 1954, as amended; septage or sludge as defined in RSA 485-A:2, IX-a and XI-a,” or post-use polymers and recovered feedstocks converted at an advanced recycling facility or held at such facility prior to conversion.” The term “solid waste” also does not include yard waste, actively managed waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500, bodies of deceased persons, and sludge which is not disposed at solid waste facilities permitted under RSA 149-M.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.36) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.44 Solid waste management {#sec-env-sw-104.44 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.44}

“Solid waste management” means “solid waste management” as defined in RSA 149-M:4, XXIII, namely “the systematic administration of activities for the collection, source separation, processing, treatment, transportation, transfer, storage, recovery, and disposal of solid waste.” The term includes “management of solid waste.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.37) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.45 Solid waste facility operator training {#sec-env-sw-104.45 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.45}

“Solid waste facility operator training” means professional or technical instruction which supplies the required amount of solid waste management information as provided and approved by the department pursuant to Env-Sw 1600.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.38) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.46 Solid waste rules {#sec-env-sw-104.46 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.46}

“Solid waste rules” means those rules found in subtitle Env-Sw.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.39) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.47 Solvolysis {#sec-env-sw-104.47 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.47}

“Solvolysis” means “solvolysis” as defined in RSA 149-M:4, XXII-a, namely “a manufacturing process through which post-use polymers are purified with the aid of solvents, while heated at low temperatures and/or pressurized to make useful products, allowing additives and contaminants to be removed.” The products of solvolysis include monomers, intermediates, and valuable chemicals and raw materials. The process includes but is not limited to hydrolysis, amylolysis, ammonolysis, methanolysis, and glycolysis.”

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.48 Source reduction {#sec-env-sw-104.48 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.48}

“Source reduction” means “source reduction” as defined in RSA 149-M:4, XXIV, namely “the practice of reducing the quantity or toxicity of waste generated at the source, before recycling, processing, disposal or treatment, by changing the processes that first generated the waste. Source reduction includes waste reduction.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.41) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.49 Source separation {#sec-env-sw-104.49 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.49}

“Source separation” means dividing solid waste into some or all of its component parts at the point of generation.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.42) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.50 Source water protection inventory {#sec-env-sw-104.50 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.50}

“Source water protection inventory” means a list, compiled and maintained by the department, which identifies regulated or permitted sites that are known or potential threats to drinking water quality.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.40) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.51 Stage {#sec-env-sw-104.51 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.51}

“Stage” means, within a landfill, an area comprised of 2 or more cells and which is surrounded by berms that hydraulically separate the stage, when active, from other stages of the landfill when such other stages have not yet received wastes or been constructed.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.43) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.52 Standard permit {#sec-env-sw-104.52 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.52}

“Standard permit” means a permit to construct and operate a solid waste facility, issued pursuant to RSA 149-M as follows:

(a) For a facility permitted on or after October 29, 1997, pursuant to Env-Sw 314;

(b) For a facility permitted before October 29, 1997, pursuant to the provisions of Env-Sw 307.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.44) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.53 Standard permit facility {#sec-env-sw-104.53 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.53}

“Standard permit facility” means a facility authorized or requiring authorization by issuance of a standard permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.45) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.54 State plan {#sec-env-sw-104.54 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.54}

“State plan” means “state plan” as defined in RSA 149-M:4, XXVI, namely “the state solid waste management plan developed under RSA 149-M:29.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.46) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.55 Storage {#sec-env-sw-104.55 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.55}

“Storage” means the temporary accumulation, containment, or stockpiling of wastes.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.47) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.56 Surface water {#sec-env-sw-104.56 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.56}

“Surface water” means “surface waters of the state” as defined in RSA 485-A:2, XIV, namely “all perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses and other bodies of water, natural or artificial.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.48) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.57 Tank {#sec-env-sw-104.57 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.57}

“Tank” means a device designed to contain solid waste in a liquid or gaseous form, including leachate, for storage or transportation.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.49) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.58 Temporary permit {#sec-env-sw-104.58 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.58}

“Temporary permit” means a permit issued prior to October 29, 1997, pursuant to a rule codified as Env-Wm 315 effective July 1, 1991 and amended December 24, 1991.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.50) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.59 Temporary permit facility {#sec-env-sw-104.59 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.59}

“Temporary permit facility” means a facility holding a temporary permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.51) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.60 Terminate {#sec-env-sw-104.60 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.60}

“Terminate” means to permanently end any further use of the permit or other approval.

History

• #14103, eff 10-23-24 (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.61 Time of concentration {#sec-env-sw-104.61 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.61}

“Time of concentration” means the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the design point.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.52) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.62 Transfer {#sec-env-sw-104.62 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.62}

“Transfer” means, depending on the context in which it is used:

(a) Removal of waste from one location to another location; or

(b) Authorizing a permit to be held by a new permittee, pursuant to the type IV permit modification criteria and procedures in Env-Sw 315.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.53) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.63 Transfer station {#sec-env-sw-104.63 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.63}

“Transfer station” means a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.54) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.64 Treat {#sec-env-sw-104.64 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.64}

“Treat” means to process a waste by a method or technique that uses an external agent or agents to cause a chemical, biological or physical change, said agents to include heat, chemicals, or incorporation of other substances or materials.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.55) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.65 Type of waste {#sec-env-sw-104.65 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.65}

“Type of waste” means a category of waste, at least as specific as the following, which describes the belonging waste by its material composition or other distinguishing characteristics:

(a) Asbestos waste;

(b) Ash;

(c) Bulky waste;

(d) Construction and demolition debris;

(e) Hazardous waste;

(f) Household hazardous waste;

(g) Household infectious waste;

(h) Infectious waste;

(i) Municipal solid waste;

(j) Putrescible waste;

(k) Recyclable materials; and

(l) Yard waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.56) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.66 Unlimited service {#sec-env-sw-104.66 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.66}

“Unlimited service” means the service type provided by a commercial facility which, through the conditions of the permit, allows the facility to receive authorized waste from any source, including the spot market.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.57) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.67 Unsaturated zone {#sec-env-sw-104.67 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.67}

“Unsaturated zone” means the zone between the land surface and the saturated zone in which the void spaces in soil or rock are only partially or intermittently filled with water. The term includes the “zone of aeration.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.58) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.68 Unsuitable waste {#sec-env-sw-104.68 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.68}

“Unsuitable waste” means waste for which a processing or treatment facility is not designed and which, if processed or treated by that facility, can adversely affect the quality of the products or materials being produced by the facility or the quality of residual waste generated by the facility to the extent that the residuals cannot be managed as required by Env-Sw 505.

History

• (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.59) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.69 Vector {#sec-env-sw-104.69 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.69}

“Vector” means any carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and other vermin.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.60) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.70 Vertical expansion {#sec-env-sw-104.70 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.70}

“Vertical expansion” means an increase in the maximum permitted final elevation of a landfill to increase landfill capacity. The term does not include the placement of waste over an existing landfill where the increase in capacity is primarily associated with a lateral expansion.

History

• #10593, eff 7-1-14; ss by #14103, effective 10-23-24 (formerly Env-Sw 104.61) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.71 Waste-derived product {#sec-env-sw-104.71 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.71}

“Waste-derived product” means a material or item which is produced, in whole or in part, using materials or items which are recovered or diverted from the solid waste stream.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.61); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.62) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.72 Waste reduction {#sec-env-sw-104.72 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.72}

“Waste reduction” means the reduction of waste at the source by changing industrial processes, technologies, and product components with the specific objective of reducing the quantity or rate at which waste is generated.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.62); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.63) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.73 Waste shipment record {#sec-env-sw-104.73 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.73}

“Waste shipment record” means a shipping document, originated and signed by the waste generator, which is used to track and substantiate the disposition of waste.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.63); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.64) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.74 Wetland {#sec-env-sw-104.74 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.74}

“Wetland” means an area that is subject to the jurisdiction of the department under RSA 482-A.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.64); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.65) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.75 White goods {#sec-env-sw-104.75 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.75}

“White goods” means a generic term for a variety of discarded household appliances, including clothes washers, clothes dryers, stoves, refrigerators, freezers, dishwashers, and air conditioners.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.65); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.66) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.76 Working face {#sec-env-sw-104.76 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.76}

“Working face” means the portion of a landfill where solid waste is being actively deposited, spread, compacted, and covered.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.66); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.67) (see Revision Note #2 at chapter heading for Env-Sw 100)

N.H. Code Admin. R. Ann. Env-Sw 104.77 Yard waste {#sec-env-sw-104.77 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 104.77}

“Yard waste” means leaves, grass clippings, garden debris, and small or chipped branches.

APPENDIX A: STATE STATUTES IMPLEMENTED

Rule

State Statute(s) Implemented

Env-Sw 101

RSA 149-M:7, XV

Env-Sw 102

RSA 149-M:7, XV

Env-Sw 103

RSA 149-M:7, XV

Env-Sw 103.43

RSA 149-M:6, I

Env-Sw 104

RSA 149-M:7, XV

Env-Sw 104.61

RSA 149-M:6, I

APPENDIX B: INCORPORATED REFERENCE

Rule

Reference

Obtain at:

Env-Sw 103.45

Method 9095-B (Paint Filter Liquids Test), in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”

EPA Publication SW-846,

Third Edition, November 1986, as amended through Update VII, dated July 30, 2021

Available online at no cost: https://www.epa.gov/hw-sw846/sw-846-compendium.

Guidance documents on SW-846 Test Method: Hazardous Waste Test Methods / SW-846 | US EPA

Hard copies are available for $360 from:

National Technical Information Service (NTIS)

5285 Port Royal Road

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APPENDIX C: STATUTORY DEFINITIONS

RSA 147-A:2, VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes: (a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may: (1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or (2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged. (b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

RSA 149-M:4:

IV-b (before July 1, 2025). “Computer” means a free standing unit capable of manipulating data according to a list of instructions. It does not include devices with embedded computers, such as automobiles, robots, machines, toys, etc., where the primary function of the embedded computer is to control the function of the device;

IV-b (after June 31, 2025). “Computer“ means a laptop computer, desktop computer, tablet computer, or central processing unit of a computer that conveys electronic, magnetic, optical or electrochemical data, or other high-speed data processing device performing logical, arithmetic, or storage functions. “Computer” does not include an automated typewriter, typesetter, or other similar device;

IV-c (after June 31, 2025). “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer;

IV-d (after June 31, 2025). “Computer peripheral” means a keyboard, mouse or any other device sold exclusively for external use with a computer that produces input or output into or from a computer;

VIII-a (before July 1, 2025). “Electronic waste” includes computer monitors containing a cathode ray tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma and LCD televisions, printers, cell phones, copiers, fax machines, and video display media recorder/players;

VIII-a(a) (after June 31, 2025). “Electronic device” means computer, computer monitor, computer peripheral, printer, device containing a cathode ray tube, television, wireless telephones, copiers, fax machines, and video display device, video display media recorder/player, or any other electronic device specified by rule promulgated by the department;

VIII-a (b) (after June 31, 2025). “Electronic device” does not include the following, unless removed from a larger piece of equipment or appliance of which it is a part for recycling:

(1) Any motor vehicle or any component part of a motor vehicle, including replacement parts thereof.

(2) A device, including a touch screen display, that is functionally or physically part of a larger piece of equipment designed and intended for use in:

(A) Industrial, governmental, commercial or research and development settings;

(B) Security, sensing, border control or counterterrorism equipment;

(C) Monitoring, diagnostic or control equipment; or

(D) Commercial medical equipment that contains a video display device that is not separate from the larger piece of equipment.

(3) A device that is contained within a:

(A) Clothes washer or dryer;

(B) Refrigerator, freezer or refrigerator and freezer;

(C) Microwave oven or conventional oven or range;

(D) Dishwasher;

(E) Room air conditioner, dehumidifier, or air purifier; or

(F) Exercise equipment;

RSA 259:60, “Motor vehicle” shall mean: I. Except where otherwise specified in this title, any self-propelled vehicle not operated exclusively on stationary tracks, including ski area vehicles.

RSA 485-A:2, IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

History

• (See Revision Note #1 at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05 (from Env-Sw 104.67); ss by #14103, effective 10-23-24 (formerly Env-Sw 104.68) (see Revision Note #2 at chapter heading for Env-Sw 100)

Chapter Env-Sw 200 Solid Waste Program: Procedures

Part Env-Sw 201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 201.01 Purpose {#sec-env-sw-201.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 201.01}

The purpose of the rules in this chapter is to supplement the provisions of RSA 541-A and Env-C 200 relative to procedures applicable to proceedings under RSA 149-M and the solid waste rules.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 201.02 Applicability {#sec-env-sw-201.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 201.02}

The rules in this chapter shall apply to all procedures undertaken pursuant to RSA 149-M and the solid waste rules.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

Part Env-Sw 202 Waiver of Solid Waste Rules

N.H. Code Admin. R. Ann. Env-Sw 202.01 Purpose {#sec-env-sw-202.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 202.01}

The solid waste rules are intended to apply to a variety of conditions and uses. It is recognized that strict compliance with all solid waste rules may cause hardship or not fit every conceivable situation. The department therefore establishes these procedures and criteria to accommodate those situations where strict adherence would not be in the best interest of the public.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 202.02 Procedures {#sec-env-sw-202.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 202.02}

(a) Any person who is or would be directly and adversely affected by the strict application of a solid waste rule may apply for a waiver thereof.

(b) Each application for a waiver shall be filed in writing as specified in Env-Sw 303.

(c) Each application for a waiver shall include the information specified in Env-Sw 202.03.

(d) All waiver applications which are submitted as part of an application for a permit or permit modification shall be submitted with such permit or permit modification application, or as soon thereafter as the need for the waiver is identified by the applicant or the department.

(e) Applications for waiver shall be processed in accordance with Env-Sw 304.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 202.03 Application Content and Format {#sec-env-sw-202.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 202.03}

(a) The applicant for waiver shall provide the following information in the application, compiled in the order listed below:

(1) Identification of the applicant, including name, mailing address and telephone number;

(2) Identification of the facility or activity to which the request relates;

(3) Identification of the specific section(s) of the solid waste rules from which a waiver is sought;

(4) A full explanation of why a waiver is being requested, including an explanation of the hardship that would be caused by compliance with the rule;

(5) A full explanation of the alternate procedure, method, or other activity that is sought to be substituted for the procedure, method or other activity that is required by the rule from which a waiver is being sought, including written documentation and data to support the alternative;

(6) The limit of duration requested for the waiver, if any;

(7) A full explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Sw 202.04; and

(8) Proof of providing notices of filing as required by (b) and (c), below.

(b) If the requested waiver relates to a specific facility, the applicant shall notify the abutters, host municipality, host solid waste district and other affected entities, if any, as specified in Env-Sw 303.

(c) If the request is for a waiver to a set-back to a residence or property line, the applicant shall provide a notice of filing to the affected property owner as specified in Env-Sw 303.

(d) If the application for waiver is being submitted as part of an application for a permit or permit modification, the notice of filing may be combined with any required notice of filing for the permit application, as specified by Env-Sw 303.

(e) Applications for waiver shall be signed by the applicant and the property owner as specified in Env-Sw 303.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 202.04 Criteria {#sec-env-sw-202.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 202.04}

(a) Subject to (b), below, a request for a waiver shall be granted if:

(1) Exemption from complying with the rule will:

a. Not result in an adverse effect to the environment or natural resources of the state, public health or to public safety;

b. Not result in an impact on abutting properties that is more significant than that which would result from complying with the rule; and

c. Be in keeping with the intent and purpose of the rule being waived; and

(2) One or more of the following conditions is satisfied:

a. Strict compliance with the rule will result in an adverse effect on the environment, public health and safety;

b. Strict compliance with the rule will result in a circumvention of the goals and objectives of the state’s solid waste management program, as specified in RSA 149-M:1 - 3 and the state solid waste management plan; or

c. Strict compliance with the rule will provide no benefit to the public and will cause an operational or economic hardship to the applicant.

(b) Economic, technological, practical application and safety issues shall be considered in evaluating a demonstration of the above criteria; however, the application of rules shall not be weighed solely on the basis of cost.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 202.05 Decision on the Application {#sec-env-sw-202.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 202.05}

The department shall make a decision on an application for waiver in accordance with Env-Sw 305.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

Part Env-Sw 203 Claims of Confidentiality

N.H. Code Admin. R. Ann. Env-Sw 203.01 Purpose {#sec-env-sw-203.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 203.01}

The purpose of this part is to provide a mechanism by which a person who submits information to the department can protect confidential business information or trade secrets.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 203.02 Procedure {#sec-env-sw-203.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 203.02}

Subject to Env-C 208.05, any person submitting information to the department may make a claim of confidentiality for all confidential business information, or any part thereof, pursuant to the criteria and procedures of Env-C 208.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594, eff 7-1-14

Part Env-Sw 204 Non-Adjudicative Public Hearings

N.H. Code Admin. R. Ann. Env-Sw 204.01 Applicability {#sec-env-sw-204.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 204.01}

Non-adjudicative public hearings shall be held in the following cases:

(a) When proposing to adopt solid waste rules;

(b) Before initiating eminent domain proceedings, pursuant to RSA 149-M:21, III;

(c) To receive oral public comment on a permit application pursuant to Env-Sw 304;

(d) For any matter that is not a contested case for which the department is required by law or by the solid waste rules to hold a hearing; and

(e) For any matter normally not requiring public participation but deemed by the department to have significant public interest.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-C, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 204.02 Procedure {#sec-env-sw-204.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 204.02}

The procedures for a non-adjudicative public hearing shall be as specified in the provisions of Env-C 200 that are applicable to non-adjudicative hearings and Env-Sw 304.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-C, eff 10-28-05; ss by #10594, eff 7-1-14

Part Env-Sw 205 Adjudicative Hearings

N.H. Code Admin. R. Ann. Env-Sw 205.01 Applicability {#sec-env-sw-205.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 205.01}

An adjudicative hearing shall be held by the department in the following cases:

(a) To give a permittee or other affected party an opportunity to show cause why the department should not proceed with a proposed decision to suspend or revoke any permit under RSA 149-M and the solid waste rules; and

(b) In any other case that is a contested case as defined by RSA 541-A, provided however that all proceedings relative to applications for permits shall be non-adjudicative proceedings under RSA 541-A:29, II(a) until such time as the department issues a final decision on the application.

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-C, eff 10-28-05; ss by #10594, eff 7-1-14

N.H. Code Admin. R. Ann. Env-Sw 205.02 Procedure {#sec-env-sw-205.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 205.02}

The procedures for an adjudicative hearing shall be as specified in the provisions of Env-C 200 that are applicable to adjudicative hearings.

Appendix

Rule Section(s)

State Statute(s) Implemented

Env-Sw 201

RSA 149-M:7; RSA 541-A:16, I(b)

Env-Sw 202

RSA 541-A:16, I(b); RSA 541-A:22, IV

Env-Sw 203

RSA 149-M:7; RSA 541-A:16, I(b)

Env-Sw 204

RSA 149-M:7; RSA 541-A:16, I(b)

Env-Sw 205

RSA 149-M:7; RSA 541-A:16, I(b)

History

• (see Revision Note at chapter heading for Env-Sw 200) #8461-C, eff 10-28-05; ss by #10594, eff 7-1-14

Chapter Env-Sw 300 Solid Waste Program: Permits

Part Env-Sw 301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 301.01 Purpose {#sec-env-sw-301.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 301.01}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 301.02 Applicability {#sec-env-sw-301.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 301.02}

The rules in this chapter shall apply to solid waste management activities regulated under RSA 149-M.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 302 Solid Waste Facility Permits

N.H. Code Admin. R. Ann. Env-Sw 302.01 Purpose {#sec-env-sw-302.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.01}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 302.02 Solid Waste Permit Required {#sec-env-sw-302.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.02}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 302.03 Solid Waste Permit Exemptions {#sec-env-sw-302.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.03}

(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.

(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(a), to be a hazardous waste or for which the generator has elected to manage the waste as 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 or teaching activities within a building or other location used for research or academic 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, bituminous concrete, or asphalt pavement, provided that:

a. The waste is actively managed;

b. Management practices comply with the universal facility requirements in Env-Sw 1000;

c. The materials consist only of asphalt pavement or bituminous concrete, clay bricks, and attached mortar normally used in construction, and cement or concrete that might contain rebar;

d. The materials comprising the waste are fully cured;

e. The waste is not painted, coated, or impregnated with any substance;

f. 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;

g. The waste is not mixed with or contaminated by any other wastes or debris;

h. If landfilled, bituminous concrete or asphalt pavement waste that has been ground or pulverized is stabilized with a binding agent;

i. If landfilled, rebar is not left exposed at the ground surface; and

j. The activity occurred 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;

(11) Manage on-site animal mortalities that pose a risk to public health under the direction of the state veterinarian; and

(12) Collect, store, and manage manure for the production of compost.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 302.04 Solid Waste Permit Types {#sec-env-sw-302.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.04}

The permit system established pursuant to RSA 149-M:6, III shall be comprised of the following permit types:

(a) Standard permit for a facility meeting the following criteria:

(1) The facility is not:

a. A permit-exempt facility in Env-Sw 302.03; and

b. Eligible for a permit-by-notification pursuant to Env-Sw 407, Env-Sw 507, or Env-Sw 607;

(2) The facility is deemed to hold a standard permit pursuant to Env-Sw 307; or

(3) The facility does not hold another type of solid waste facility permit identified in (b) through (f) below;

(b) Temporary permit, for facilities that obtained temporary permit status prior to October 29, 1997 and either have closed under the provisions of that temporary permit or continue to operate under such status, as identified in Env-Sw 307;

(c) Permit-by-notification for certain limited waste management activities, as specified in Env-Sw 407, Env-Sw 507, and Env-Sw 607 based on the functional classification of the facility;

(d) Research and development facility permit for research and development projects as defined in Env-Sw 104 or as identified in Env-Sw 307;

(e) Emergency permit 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 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 302.05 Solid Waste Facility Types by Functional Classification {#sec-env-sw-302.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.05}

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 102.37, including:

(1) Transfer stations; and

(2) Recycling centers.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 302.06 Permitting System Criteria {#sec-env-sw-302.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 302.06}

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 quantity and type of waste handled by the facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 303 Filing Provisions for Applications, Registrations, and Reports

N.H. Code Admin. R. Ann. Env-Sw 303.01 Purpose {#sec-env-sw-303.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.01}

The purpose of the rules in this part is to specify requirements for filing applications, registrations, and reports required by the solid waste rules.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.02 Applicability {#sec-env-sw-303.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.02}

(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; 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 apply to persons filing:

(1) A general permit registration pursuant to Env-Sw 308; and

(2) A pre-1981 landfill registration pursuant to Env-Sw 309.

(c) The rules in Env-Sw 303.03 and Env-Sw 303.04 shall 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, incident and compliance reports, and other facility reports and information required by RSA 149-M, the solid waste rules, or the facility permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.03 Basic Filing Requirements {#sec-env-sw-303.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.03}

(a) Applications, registrations, notifications, reports, and other submittals 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, registrant, or permittee in a format consistent with the content and format requirements specified by the solid waste rules for the particular type of document being filed.

(b) Applications, registrations, notifications, and reports shall be signed as specified in Env-Sw 303.04.

(c) Subject to (d) and (e), below, applications, registrations, notifications, and reports shall be submitted to the department electronically, or, in cases where the only means of submittal is on paper, a single paper copy shall be submitted to the department.

(d) If the applications, registrations, notifications, and reports submitted to the department include plans larger than 11 inches by 17 inches, plans that do not represent a scaled version of any required plans, or plans that are otherwise not legible in electronic format, a single paper copy of such plans shall be submitted.

(e) The fee specified in Env-Sw 310, if any, shall be submitted to the department under separate cover with:

(1) The applicant, registrant, or permittee name, mailing address, telephone number, and email address; and

(2) The facility name, location by street address and municipality, permit number if available, and type of application or registration submitted.

(f) Applications shall be submitted with the compliance information required by Env-Sw 303.13.

(g) Except as provided in (e) above and (h) below, all components of an application, registration, notification, 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.04 Signature Requirements {#sec-env-sw-303.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.04}

(a) Each application, registration, notification, 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, registration, notification, or report shall be signed by the individual(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 true, complete, and not misleading to 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;

(4) For applications not subject to Env-Sw 1400, a certification that the applicant has adequate funds, in an amount calculated pursuant to Env-Sw 1403.02, that are readily available to cover the cost of facility closure pursuant to Env-Sw 1005.08(b); and

(5) An agreement to operate the facility in accordance with Env-Sw 1105.04(a).

(d) Each application and registration shall be signed by the facility owner and property owner, if different than the applicant, registrant, or permittee.

(e) If the facility owner or property owner is other than an individual, the application or registration shall be signed by the individual(s) duly authorized to sign for the facility owner and property owner.

(f) An owner’s signature shall constitute an affirmation that:

(1) The applicant, registrant, or permittee has, or shall be granted, the legal right to occupy and use the property where the facility is or will be located for the purposes specified in the application or registration; and

(2) The 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 and RSA 149-M.

(g) All signatures shall be original signatures on all copies of applications, registrations, and reports filed with the department.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.05 Notices of Filing {#sec-env-sw-303.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.05}

(a) If the application or registration content and format requirements, as provided in Env-Sw 308, Env-Sw 309, Env-Sw 311 through Env-Sw 315, and Env-Sw 202, require the applicant or registrant to provide a notice of filing the applicant or registrant shall:

(1) Provide notice to the entities identified in Env-Sw 303.06 through Env-Sw 303.12, as applicable;

(2) Provide notice as specified by (b) through (d) below; and

(3) Place a copy of the application at a publicly-accessible location, for example the public library or town hall, for public review on or before the date the application is filed and 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) 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 as defined in Env-Sw 103;

(3) The name(s), mailing address(es), and authorized email 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 processed or treated at the facility;

e. The quantity and type(s) of waste to be disposed at the facility;

f. The facility service area;

g. The facility service type;

h. The facility life expectancy;

i. Other information required to accurately describe the scope and nature of the proposed activity(s); and

j. The estimated dates of facility construction and operation;

(5) Identification of the locally accessible place where the application is or will be available for public review;

(6) Name, title, mailing address, telephone number, and email address of the individual associated with the applicant and available to respond to inquiries during the application review process;

(7) Name, title, mailing address, telephone number, and email address of the department 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; and

(9) If the application includes a request for a waiver to any rule, a statement so indicating and specifically citing the rule(s).

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.06 Notice of Filing to Abutters {#sec-env-sw-303.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.06}

(a) The applicant for a standard permit pursuant to Env-Sw 314, a type I-A permit modification or a type IV permit modification pursuant to Env-Sw 315, or a waiver pursuant to Env-Sw 202 shall provide to each abutter a notice of filing in accordance with Env-Sw 303.05 and (b) and (d) below.

(b) The notice of filing shall include the following statement: “Please share this information with all tenants of the property (for example, people in apartments, nursing homes, schools and businesses). You can do this by posting this notice in a public place or distributing copies by hand, by mail, or by email. If you require additional copies of this notice, please contact me/us.”

(c) Following receipt of a written request by an abutter for additional copies of the notice of filing in accordance with (b) above, the applicant shall provide such copies within 5 business days.

(d) If the application is for approval to transfer a permit, the notice of filing shall include a statement that the department will accept written comments from abutters for a period of 30 days following the date the application is filed pursuant to RSA 149-M:9, XII(b).

(e) If the applicant, facility owner, facility operator, property owner, or an affiliate 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, facility owner, facility operator, property owner, or affiliate.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.07 Notice of Filing to Municipality and District. {#sec-env-sw-303.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.07}

(a) The applicant or registrant for the following shall make notification to the host municipality and district:

(1) An application for a new permit pursuant to Env-Sw 311 through Env-Sw 314;

(2) An application for a type I-A, type I-B, or type IV permit modification pursuant to Env-Sw 315;

(3) An application for a waiver pursuant to Env-Sw 202; or

(4) A registration pursuant to Env-Sw 308 or Env-Sw 309.

(b) For the purposes of this section:

(1) A municipality shall be notified by sending a copy of the notice of filing to each of the following individuals:

a. For a town, to the town clerk, chair of the selectboard, and town administrator or manager;

b. For a city, the city clerk, mayor and city council, and city administrator or manager; and

c. For an unincorporated town or place, the county commissioners; and

(2) A district shall be notified by sending a copy of the notice of filing to the chairperson.

(c) The applicant or registrant shall provide to each of the following entities a notice of filing in accordance with Env-Sw 303.05 and, if applicable, (e) below:

(1) The host municipality and host district;

(2) Municipality(s) and district(s) other than the host municipality and host district directly affected by the requested approval, 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; and

(3) Municipality(s) and district(s) in which abutters are required to be notified.

(d) The notice of filing sent to the clerk or the chair of the county commissioners and the chair of the district in accordance with (b) and (c) above shall each include a single copy of the application or registration and a statement that additional copies are available upon written request.

(e) 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(b).

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.08 Notice for GAA and GA-1 Groundwater Protection Areas {#sec-env-sw-303.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.08}

The applicant or registrant 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 in RSA 485-C:2, X:

(a) A copy of the complete application or registration; and

(b) A notice of filing, in accordance with Env-Sw 303.05, that also contains 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.09 Notices for Areas of Threatened or Endangered Species {#sec-env-sw-303.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.09}

(a) The applicant or registrant 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 or registration and a notice of filing as specified in (b) below to each of the following entities:

(1) The New Hampshire department of fish and game; and

(2) The New Hampshire department of natural and cultural resources, natural heritage bureau.

(b) The notice of filing shall be provided in accordance with Env-Sw 303.05 and contain a request for the recipient(s) of the notice to submit to the department, within 30 days following receipt of the notice of filing, written comments concerning the adequacy of the application relative to protecting threatened or endangered species.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.10 Notices for Airport Proximity {#sec-env-sw-303.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.10}

(a) The applicant or registrant 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 affected airport, the federal aviation administration (FAA), and the New Hampshire department of transportation, bureau of aeronautics (NHDOT):

(1) A copy of the complete application or registration; and

(2) A notice of filing provided in accordance with Env-Sw 303.05 and containing a request for the affected airport, the FAA, and NHDOT to submit to the department, within 30 days following receipt of the notice of filing, written comments concerning the adequacy of the application relative to satisfying the requirements of Env-Sw 1002.04(c).

(b) The applicant for a new municipal solid waste landfill approval proposed to be located within a six-mile radius of a public airport shall provide the following information to the affected airport, the FAA, and NHDOT:

(1) A copy of the complete application; and

(2) A request for the affected airport(s), the FAA, and NHDOT to submit to the department, within 30 days following receipt of the notice of filing, written comments concerning the adequacy of the application relative to satisfying the requirements of Env-Sw 1002.04(c) and 40 C.F.R. 258.10, and the applicability of 49 U.S.C. 44718.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (See Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.11 Notice for Designated River Areas {#sec-env-sw-303.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.11}

(a) The applicant or registrant for approval of a proposed activity affecting any river or segment designated under RSA 483:15, or occurring within the river corridor as defined in RSA 483:4, XVIII of any river or segment designated under RSA 483:15, shall provide a copy of the complete application or registration 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 be provided in accordance with Env-Sw 303.05 and contain a request for the recipient(s) of the notice to submit to the department, within 30 days following receipt of the notice of filing, written comments concerning the adequacy of the application relative to satisfying the requirements of RSA 483.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.12 Notice to Department of Justice {#sec-env-sw-303.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.12}

Applicants or registrants 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 in accordance with Env-Sw 303.05.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.13 Compliance Status and History {#sec-env-sw-303.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.13}

(a) All applicants, except as provided in (d) below, shall submit compliance status and performance history 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.

(d) Applicants for an emergency permit pursuant to Env-Sw 313 shall not be required to submit compliance status and performance history information with the application.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.14 Compliance Certification {#sec-env-sw-303.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.14}

(a) The applicant shall certify that each of the statements listed in (b) below are true, complete, and not misleading to the applicant’s knowledge and belief for each of the following individuals and entities:

(1) The applicant;

(2) The facility 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, complete, and not misleading to the applicant’s knowledge and belief:

(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 New Hampshire by any individual or entity listed in (a) above are in compliance with either:

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.15 Compliance Report {#sec-env-sw-303.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.15}

(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.

(c) The rules in this section shall not apply to applicants for a permit-by-notification or modification of a permit-by-notification, such applicants being ineligible pursuant to Env-Sw 305.03(b)(7) and Env-Sw 1202.05(c) to hold a permit-by-notification.

History

• (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 #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.16 Professional Engineer {#sec-env-sw-303.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.16}

Plans, specifications, calculations, operating plans, closure plans, and other documents requiring the practice of engineering as defined in RSA 310-A:2, III shall be sealed by a qualified professional engineer.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 303.17 Professional Geologist {#sec-env-sw-303.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 303.17}

Plans, calculations, and other documents requiring the practice of geology as defined in RSA 310-A:118, III shall be sealed by a qualified professional geologist.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 304 Application Procedures and Review

N.H. Code Admin. R. Ann. Env-Sw 304.01 Applicability {#sec-env-sw-304.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.01}

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;

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.02 Pre-application Meeting {#sec-env-sw-304.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.02}

(a) Not less than 30 days or more than 120 days prior to filing an application for a standard permit, research and development permit, or Type I-A permit modification, the applicant shall attend a pre-application meeting with the department to discuss the proposed facility, proposed project, or proposed facility changes.

(b) The applicant shall provide the following information about the proposed facility, proposed project, or proposed changes at or prior to the meeting:

(1) Name of the applicant, facility owner, property owner, and facility operator;

(2) Location of the proposed or existing facility or project, including a site plan showing proposed setback distances;

(3) Functional classification pursuant to Env-Sw 302.05;

(4) Service area and service type;

(5) Types and quantities of wastes;

(6) For landfills, footprint, design volume, and life expectancy;

(7) A description of the proposed facility, proposed project, or proposed changes, including a process flow diagram as applicable;

(8) A synopsis of hydrogeologic, geologic, and soils information that the applicant has researched and intends to use to support its application;

(9) Anticipated schedule for permitting, construction, and operations; and

(10) Other information as needed to inform the department of the proposed facility, proposed project, or proposed changes.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.03 Application Receipt {#sec-env-sw-304.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.03}

(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) and (e) below, an application filed contrary to Env-Sw 303 shall be held by the department while the applicant is notified of the deficiency, within 30 days of the receipt of the application, 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 returned, with a written explanation as to the reason(s) for returning the application and a copy of the application with deficiencies highlighted. If the application is accompanied by a waiver request, such request shall also be returned unprocessed.

(e) Return of an application due to improperly filing or completing the application shall not preclude the applicant from later obtaining an approval by submitting an application that meets the application filing requirements of Env-Sw 303.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.02) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.04 Application Completeness Determination {#sec-env-sw-304.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.04}

(a) Within 60 days after the date an application is filed in accordance with Env-Sw 303, or by an alternative date established by prior written agreement with the applicant pursuant to RSA 541-A:29, 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 304.05 and Env-Sw 304.06 shall apply.

(d) If the application is complete, the provisions of Env-Sw 304.07 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.

(g) An application for a permit-by-notification pursuant to Env-Sw 311 or a type III permit modification pursuant to Env-Sw 315 that is accompanied by a waiver request pursuant to Env-Sw 202 shall be processed in accordance with the time limits for a waiver request.

(h) During review of an application for a standard permit, research and development permit, Type I-A or I-B permit modification, or Type II permit modification, the department shall request to enter into a written agreement with the applicant for the department to retain, at the applicant’s expense, an independent licensed professional engineer or hydrogeologist (PEG) only when the department requires a PEG’s assistance in determining whether the application is complete in accordance with RSA 149-M:9, XV. The applicant’s failure to enter into such an agreement may be grounds to deny the application.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.03) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.05 Incomplete Applications {#sec-env-sw-304.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.05}

(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 application deficiencies and the additional information needed shall be identified;

(3) Instructions shall be provided for completing the application;

(4) The name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the application shall be provided; and

(5) The applicant shall be alerted to the application dormancy provisions specified in Env-Sw 304.06(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 notice of filing, except abutters, 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 returned in accordance with Env-Sw 304.03(d).

(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;

(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, other than abutters, to whom the applicant was required to provide a notice of filing.

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.04) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.06 Completing an Incomplete Application {#sec-env-sw-304.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.06}

(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;

(2) Add a copy of all information submitted to complete an incomplete application to the publicly-accessible application identified in Env-Sw 303.05(a)(3) when such publicly-accessible application is required; and

(3) Provide to the department a written and signed statement attesting that the requirements of (1) and (2) above have been met.

(c) Information received to complete an incomplete application shall be reviewed by the department in accordance with Env-Sw 304.03 and Env-Sw 304.04.

(d) The applicant shall submit all information required to complete an incomplete application within one year from the date the application is initially determined incomplete in writing to the applicant by the department. An incomplete application that becomes a dormant application as defined in Env-Sw 102 shall be deemed denied without further action by the department.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.05) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.07 Complete Applications {#sec-env-sw-304.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.07}

(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) A statement identifying that the application is complete is included;

(3) The requirements for a public hearing pursuant to Env-Sw 304.09, as applicable, are identified; and

(4) The name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the application and coordination of a hearing, if required, 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 notice of filing, except abutters, 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 review of the application as required by Env-Sw 304.08.

(d) An application for 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, unless such application is accompanied by a waiver, in which case review of the application shall proceed in accordance with Env-Sw 304.08.

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.06) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.08 Application Review {#sec-env-sw-304.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.08}

(a) The department shall review complete applications to determine:

(1) Whether the application provides sufficient information to conclude that the proposed activity meets all applicable requirements for issuance of an approval; or

(2) Whether a condition for denial, as specified in Env-Sw 305, exists.

(b) During review of a complete application for a standard permit, research and development permit, Type I-A or I-B permit modification, or Type II permit modification, if the department concludes that information is required from an applicant in order to determine whether an application meets the requirements of RSA 149-M and the solid waste rules, including (a) above, the department shall enter into a written agreement with the applicant for the department to retain, at the applicant's expense, an independent licensed PEG only when the department requires a PEG’s assistance in determining whether an application meets the requirements. The applicant’s failure to enter into such an agreement may be grounds to deny the application, in accordance with RSA 149-M:9, XV.

(c) During the 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 304.09, if held;

(4) The NHDOJ pursuant to the provisions of Env-Sw 316; and

(5) Independent licensed PEGs retained in accordance with (b) above, if any.

(d) If the department identifies during review of an application that additional information is required to make a determination in accordance with (a) above, it shall:

(1) Notify the applicant in writing; and

(2) Request the applicant submit the additional information as soon as practicable but not later than 30 days after such request.

(e) Except when required by (f) below, applications for a permit-by-notification pursuant to Env-Sw 311 and a type III permit modification pursuant to Env-Sw 315 shall not be independently assessed by the department as to whether the proposed activity meets all requirements of the solid waste rules and shall instead rely on the applicant’s certification attesting to the same as specified by Env-Sw 311 and Env-Sw 315.

(f) Application for a permit-by-notification pursuant to Env-Sw 311 and a type III permit modification pursuant to Env-Sw 315 that are accompanied by a waiver request shall be reviewed in accordance with (a) through (d) above.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.07) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 304.09 Public Hearing {#sec-env-sw-304.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 304.09}

(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 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, and Env-Sw 607;

(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, and type V permit modifications pursuant to Env-Sw 315;

(7) Construction approvals pursuant to Env-Sw 1100; 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) A hearing to accept written testimony shall be required for type IV permit modification applications pursuant to Env-Sw 315.

(f) The department shall provide notice of the public hearing as specified in (g) through (i) 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 (j) below.

(g) Notice to the public shall be by:

(1) Publication in a newspaper of general circulation in the host municipality and host district;

(2) Publication on the department’s website; and

(3) For unlimited service area facilities, publication in a newspaper of general daily statewide circulation.

(h) Notice to the applicant, host municipality, host district, and other affected entities, excluding abutters receiving notice pursuant to (j) below, shall be provided in writing and sent by first class mail.

(i) 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, facility type, and, if applicable, permit number;

(2) Identify the location(s) where a copy of the complete application is available for public review;

(3) In the case of a public hearing to receive written and oral testimony:

a. State the date, time, and location of the hearing; and

b. State that testimony may be submitted in writing to the department at any time before the close of the hearing record in lieu of attending or providing oral testimony at the public hearing;

(4) In the case of a public hearing to receive written testimony:

a. State the date and time the hearing record is scheduled to close; and

b. State that only written testimony will be accepted and may be submitted to the department at any time before the close of the hearing record;

(5) Request disabled persons planning to attend the hearing or to review the application and requiring special assistance under the provisions of the Americans with Disabilities Act to contact the department as soon as practicable, and in advance of the hearing, if scheduled, to identify the type of assistance required; and

(6) Provide the name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the application and hearing, and to whom written testimony may be submitted.

(j) Pursuant to RSA 149-M:9, VIII, the applicant shall provide a notice of public hearing, as specified in (i) above, to all abutters by certified mail, return receipt requested. If the applicant facility owner, facility operator, property owner, or affiliate 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, facility owner, facility operator, property owner, or affiliate.

(k) 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.

(l) Upon instruction by the department, the applicant shall make arrangements for locating the public hearing as specified by (m) below.

(m) 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 pursuant to RSA 149-M:11, IV(a);

(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.

(n) 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.

(o) The applicant shall provide proof of notification by providing a copy of the handwritten acknowledgements of receipt or the return receipts to the department prior to the public hearing, or, in cases where delivery with return receipt failed, proof of multiple delivery attempts.

(p) The department shall conduct the hearing in accordance with the provisions of RSA 541-A, Env-Sw 200, and Env-C 200 applicable to non-adjudicative hearings.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.08) (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 305 Application Decisions

N.H. Code Admin. R. Ann. Env-Sw 305.01 Applicability {#sec-env-sw-305.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.01}

The rules in this part shall apply to all applications reviewed in accordance with Env-Sw 304.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.02 Decision on Application {#sec-env-sw-305.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.02}

(a) Pursuant to RSA 149-M:9, VIII, for each application determined complete and reviewed in accordance with Env-Sw 304, the department shall issue a written decision to either issue or deny the requested approval:

(1) For applications not subject to a public hearing, except as identified in (3) below, within 120 days following the department’s determination that the application is complete;

(2) For applications subject to a public hearing pursuant to Env-Sw 304.08, within 180 days following the department’s determination that the application is complete but not sooner than 30 days following close of the hearing record pursuant to RSA 149-M:12, III, whichever is later;

(3) For permit-by-notification and Type III permit modification applications that are not accompanied by waiver application(s), within 60 days of receipt of a complete application; or

(4) By an alternative date established by prior written agreement with the applicant.

(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;

(3) Env-Sw 305.06, if for a permit modification; and

(4) Env-Sw 202, if for a waiver.

(d) The applicant and all persons and entities to whom the applicant was required to provide a notice of filing, except abutters, 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.03 Denial of a Requested Approval {#sec-env-sw-305.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.03}

(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 304.05(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, telephone number, and email address of the department official or employee who can 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:

a. Demonstrated its legal right to occupy the subject property;

b. Requested the permit under their legal name; or

c. Registered with the New Hampshire secretary of state to do business in New Hampshire;

(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, RSA 483:9-aa, 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 documentation pursuant to Env-Sw 311.06;

(8) The applicant fails to complete the following actions and the department has insufficient or ambiguous information pursuant to (b)(2) above:

a. Enter into a written agreement for the services of a licensed PEG when requested to do so in accordance with RSA 149-M:9, XV; and

b. Provide the information requested in accordance with Env-Sw 304.08(d);

(9) The application is for a permit modification and:

a. The applicant is unable to certify compliance pursuant to Env-Sw 303.14, unless the applicant:

1. 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

2. Agrees to comply with a plan and schedule for achieving compliance;

b. 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

c. The modification constitutes an expansion of facility operations under the provisions of a temporary permit;

(10) The application is for a type V permit modification to destroy records, and the department determines that:

a. There is benefit to 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

b. The facility is the subject of any pending investigation or enforcement action; or

(11) The application meets any other provision for denial as specified in the solid waste rules for the particular type of application reviewed.

History

• (See Revision Note #3 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.04 Issuance of Any Requested Approval {#sec-env-sw-305.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.04}

(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;

c. The information specified in:

1. Env-Sw 305.05, if a facility permit;

2. Env-Sw 305.06, if a facility permit modification; and

3. Env-Sw 202, if a waiver; and

d. Compensating terms and conditions to ensure compliance with the solid waste rules; 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.05 Issuance of Permits {#sec-env-sw-305.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.05}

(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 shall be constructed, operated, and closed, including post-closure care, 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 name;

b. Facility location;

c. Facility design;

d. Facility construction;

e. Facility operation, including:

1. Operating restrictions including:

(i) Facility function;

(ii) Design 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. Inspection, maintenance, and monitoring requirements; and

4. Reporting requirements;

f. Financial assurance for guaranteeing the cost of facility closure; and

g. Facility closure, including post-closure care 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.

(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.

(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 care period, except as provided by (e) below, Env-Sw 305.07, 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, unless the permit specifically exempts the facility from the below requirements on the basis of a demonstration of public benefit that accounted for a later date than that required below:

a. 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; or

b. If construction is not required, expire one year from the date of issuance if the permittee has not obtained approval to operate the facility pursuant to the provisions of Env-Sw 1105;

(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, or one year from the date of issuance if construction is not required and operations have 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 name, location, design, operation, or closure, including post-closure care and use, or financial responsibility of a facility as permitted by the department pursuant to Env-Sw 315 and Env-Sw 305.06, except as noted in Env-Sw 311 and Env-Sw 315.01.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.06 Issuance of Permit Modifications {#sec-env-sw-305.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.06}

(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;

(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;

(5) 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; and

(6) Be signed and dated by the director or a person so authorized by the director.

(b) 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.

(c) In the case of a permit modification issued pursuant to Env-Sw 315 that includes a name change, the permittee shall:

(1) Publish a notice of the name change in a newspaper of general circulation in the host municipality and host solid waste district, and for unlimited service area facilities, in a newspaper of statewide circulation, within 10 days after the effective date of the modification; and

(2) Submit a copy of the published notice to the department within 10 days following publication.

(d) Pursuant to the provisions of RSA 149-M:11, XI, a type I-A permit modification issued pursuant to Env-Sw 315 shall expire, unless the permit specifically exempts the facility from the below requirements on the basis of a demonstration of public benefit that accounted for a later date than that required below, as follows:

(1) Two years from the date of issuance if the permittee has not obtained approval to construct the approved changes pursuant to the provisions of Env-Sw 1104; or

(2) If construction is not required, one year from the date of issuance if the approved change has not been implemented.

(e) A permit modification approval shall expire one year from the date of issuance if the permittee has not obtained approval to construct pursuant to the provisions of Env-Sw 1104 or, if construction is not required, one year from the date of issuance if the permittee has not obtained approval to operate pursuant to the provisions of Env-Sw 1105.

History

• (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 #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 305.07 Permit Termination {#sec-env-sw-305.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 305.07}

(a) A permittee may voluntarily request its facility permit be terminated or retired following completion of permanent closure in accordance with Env-Sw 1106.

(b) The request for permit termination shall include:

(1) Facility identification;

(2) Permittee identification; and

(3) Notification of closure completion as required in Env-Sw 1106.06.

(c) If the department determines that all requirements for closure have been completed, it shall issue notice of permit termination to the former permittee the host municipality and host district.

(d) A permit shall be deemed terminated under the following circumstances:

(1) When the department issues a new individual permit to replace another individual permit for the same facility, such as might occur when a new permit-by-notification is issued to replace a prior version or a standard permit is issued to replace a permit-by-notification; and

(2) When the department issues confirmation of authorization to construct, operate, and close a facility under a general permit in accordance with Env-Sw 308 to replace an individual permit for the same facility.

(e) A terminated or retired permit shall not be eligible for use.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 306 Revocation and Suspension

N.H. Code Admin. R. Ann. Env-Sw 306.01 Purpose {#sec-env-sw-306.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 306.01}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 306.02 Applicability {#sec-env-sw-306.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 306.02}

(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, permit modification, license, registration, waiver, 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 306.03 Procedure {#sec-env-sw-306.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 306.03}

(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, telephone number, and email address of the department official or employee who can 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 306.04 Decision {#sec-env-sw-306.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 306.04}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 306.05 Good Cause {#sec-env-sw-306.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 306.05}

The following shall provide good cause to revoke, suspend, or modify a permit:

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 307 Status of Existing Permits

N.H. Code Admin. R. Ann. Env-Sw 307.01 Purpose {#sec-env-sw-307.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.01}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.02 Applicability {#sec-env-sw-307.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.02}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.03 Status of Permits Issued Prior to July 1, 1991 {#sec-env-sw-307.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.03}

(a) A permit issued pursuant to RSA 149-M prior to July 1, 1991, including facilities existing on December 10, 1982 deemed to have a permit in accordance with He-P 1901.04(f), 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, suspended, or otherwise terminated in accordance with the rules in this chapter.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.04 Status of Permits Issued Between July 1, 1991 and October 29, 1997 {#sec-env-sw-307.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.04}

(a) Each of the following types of permits issued pursuant to RSA 149-M between July 1, 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 July 1, 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, suspended, or otherwise terminated in accordance with the rules in this chapter.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.05 Status of Temporary Permits {#sec-env-sw-307.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.05}

(a) A temporary permit issued pursuant to RSA 149-M between July 1, 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.06 Administration of Temporary Permits {#sec-env-sw-307.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.06}

(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 1106.07.

(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 submit a written operating plan for approval by the department; and

(2) The operating requirements applicable to liners and leachate collection and removal systems shall not apply to unlined landfills.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.07 Call of Temporary Permits {#sec-env-sw-307.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.07}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.08 Landfills with Temporary Permits {#sec-env-sw-307.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.08}

(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 pursuant to Env-Sw 315; 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 care period.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.09 Non-Landfill Facilities with Temporary Permits {#sec-env-sw-307.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.09}

(a) Following call of a temporary permit for an inactive non-landfill facility pursuant to Env-Sw 307.07(a)(2), 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(a)(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 the permit is called due to inability to certify compliance pursuant to Env-Sw 307.06(c), the facility shall cease operations and implement facility closure in accordance with the requirements of Env-Sw 1106.

(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 or terminated:

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.10 Exceptions to Designated Permit Titles and Classifications {#sec-env-sw-307.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.10}

(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 activity(s) meets the requirements of a permit-exemption.

(c) If the department determines that the activity(ies) meets the requirements of a permit-exemption, the permittee may request the permit be retired or terminated in accordance with Env-Sw 305.07.

(d) The department shall notify the permittee in writing within 30 days of making a determination.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 307.11 Provisions for Reissuing an Existing Permit {#sec-env-sw-307.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 307.11}

(a) A permittee may request the department to reissue an existing permit or permit modification when there is an administrative benefit for doing so as specified in (e) below.

(b) Reissuance of a permit or permit modification under this section shall be limited to rewording the terms and conditions of the permit to clarify but not modify requirements applicable to the facility under RSA 149-M, the solid waste rules, and the permit in effect at the time of reissuance.

(c) A permittee’s request pursuant to (a) above shall be made in writing, to include:

(1) Facility identification as defined in Env-Sw 103.02;

(2) Permittee identification as defined in Env-Sw 104.07;

(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.

(d) Within 120 days of receipt of a request as specified by (c) 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 (e) below.

(e) There shall be an administrative benefit to reissuing a permit if:

(1) The permit was originally issued by a predecessor agency to the department;

(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; or

(3) The permit was deemed approved by effect of RSA 541-A:29-a.

(f) 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 request comment(s) be provided within 60 days.

(g) Following receipt of comments by the permittee on the preliminary draft, the department shall prepare and send a final draft of the rewritten permit to the permittee for review and response pursuant to (h) below.

(h) Within 60 days following receipt of a final draft of the rewritten permit, the permittee shall notify the department whether:

(1) The permittee consents to reissuance of the permit as presented in the final draft; or

(2) The permittee does not consent to reissuance of the permit as presented in the final draft because it constitutes a modification of the permit that is subject to the proceedings in Env-Sw 306.

(i) The department shall proceed in accordance with the permittee’s response provided pursuant to (h) above.

(j) If the permittee does not respond within the specified time, the department shall notify the permittee that the existing permit remains in effect.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 308 Solid Waste General Permits

N.H. Code Admin. R. Ann. Env-Sw 308.01 Purpose and Applicability {#sec-env-sw-308.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.01}

(a) The purpose of the rules in this part is to establish a general permit program pursuant to RSA 149-M:6, III and specify requirements for registering to use a general permit.

(b) The general permit program shall apply to the owner of a facility seeking authorization to construct, operate, and close a category specific solid waste facility under a general permit in lieu of an individual permit issued pursuant to Env-Sw 311 through Env-Sw 314.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.02 Establishment Criteria for Facility Categories and General Permits {#sec-env-sw-308.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.02}

The department shall establish a facility category and an associated general permit, if the proposed facility category meets the following criteria:

(a) The proposed facility category meets the criteria for a solid waste permit as outlined in Env-Sw 302.02 and would not meet the criteria for an exemption under Env-Sw 302.03;

(b) More than one facility would be covered by the proposed facility category; and

(c) Facilities covered by the proposed facility category and the associated general permit would:

(1) Involve the same or substantially similar types of operations;

(2) Handle the same types of wastes and regulated substances;

(3) Require the same operating limitations or conditions; and

(4) Be more appropriately controlled under a general permit than under individual permits.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.03 Facility Categories for General Permits {#sec-env-sw-308.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.03}

The following facility categories meet the criteria in Env-Sw 308.02 and shall be eligible for a general permit:

(a) Motor vehicle crushers as defined in Env-Sw 103.53; and

(b) Motor vehicle recycling facilities as defined in Env-Sw 103.54.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.04 Procedure for Establishing General Permits {#sec-env-sw-308.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.04}

(a) A facility category shall be established by the department and listed in Env-Sw 308.03 prior to or concurrent with proposing an associated general permit.

(b) The department shall hold a public hearing in accordance with Env-Sw 308.06 for each proposed general permit.

(c) The department shall render a decision on the establishment of a general permit in accordance with Env-Sw 308.07.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.05 Procedures for Modification, Revocation, or Suspension of a General Permit {#sec-env-sw-308.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.05}

(a) A general permit shall be revoked or suspended in accordance with Env-Sw 306.

(b) The terms and conditions in a general permit shall be modified by the department if one or more of the following conditions exist:

(1) A statute or rule change occurs impacting the terms and conditions of a general permit;

(2) The terms and conditions of the permit are less protective of public health, safety, and the environment than industry standards or best management practices;

(3) An inconsistency exists between industry standards or best management practices and the general permit that creates a hardship on permittees and provides no benefit to the public, and such hardship may be remedied by a modification of the permit, provided the proposed modification will:

a. Not result in an adverse impact on the environment or natural resources of the state, public health, or public safety;

b. Not result in an impact on abutting properties that is more significant than that which would result from complying with the permit as it is; and

c. Be in keeping with the intent and purpose of the general permit and RSA 149-M; or

(4) A permit condition needs to be revised, added, or deleted to ensure compliance with any applicable federal or state statute, rule, or regulation.

(c) The department shall hold a public hearing in accordance with Env-Sw 308.06 for each proposed general permit modification, except for modifications identified in (d) below.

(d) The department shall not hold a public hearing for modifications to a general permit if the proposed change(s):

(1) Are clerical in nature and do not constitute a material change in the permit;

(2) Are deemed to have an insignificant effect on environmental quality; or

(3) Do not impact facility capacity limits.

(e) When a permit is modified pursuant to this section, only the terms and conditions subject to modification shall be considered.

(f) An existing general permit shall remain in effect while undergoing the modification process.

(g) The department shall render a decision on modification of a general permit in accordance with Env-Sw 308.07.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.06 Public Hearing During the Establishment or Modification of a General Permit. {#sec-env-sw-308.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.06}

(a) The department shall hold a public hearing for each proposed general permit and modification, except for modifications meeting the requirements in Env-Sw 308.05(d).

(b) The department shall notify the following entities at least 30 days prior to the hearing:

(1) The public by publishing notice in a newspaper of general daily statewide circulation, and on the department’s website;

(2) Permittees and potential registrants through membership organizations, if such organizations exist; and

(3) Existing registrants and permittees, if any, via email or first class mail.

(c) The notice required by (b) above shall identify:

(1) The date, time, and location of the hearing;

(2) A statement of the department’s intent to establish or modify a general permit;

(3) The facility specific category of the proposed or existing general permit and a brief description of the proposed permit or modification(s);

(4) The location(s) where the proposed general permit or modification(s) is available for public review;

(5) That testimony may be submitted in writing to the department at any time before close the hearing record in lieu of attending or providing oral testimony at the public hearing and the deadline by which such testimony must be sent to the department;

(6) That disabled persons planning to attend the hearing or to review the proposed permit or modification(s) and requiring special assistance under the provisions of the American with Disabilities Act contact the department as soon as practicable and in advance of the hearing to identify the type of assistance required; and

(7) The name, title, mailing address, telephone number, and email address of the department official or employee who may be contacted regarding the proposal and hearing, and to whom written testimony may be submitted.

(d) The department shall conduct the hearing in accordance with Env-C 205 applicable to non-adjudicatory hearings.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.07 Decision on Establishment or Modification of a General Permit {#sec-env-sw-308.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.07}

(a) Within 60 days after close of the hearing record, the department shall:

(1) Issue a decision on the proposed general permit or modification(s); or

(2) Withdraw the proposed general permit or modification(s).

(b) In making the decision, the department shall consider the proposed general permit or modification(s), and all testimony received during the public hearing.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.08 General Permit Appeals {#sec-env-sw-308.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.08}

In accordance with RSA 149-M:8, the waste management council shall hear any administrative appeals under RSA 21-O:9, V.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.09 General Permit Terms and Conditions {#sec-env-sw-308.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.09}

The general permits established in accordance with this part shall contain terms and conditions for design, construction, operation, public benefit, facility maintenance and monitoring, reporting, financial responsibility, and closure, as applicable.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.10 Registration Required. {#sec-env-sw-308.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.10}

The owner of a facility seeking authorization to construct, operate, and close a facility under the provisions of a general permit shall register with the department to use a general permit by filing a registration in accordance with Env-Sw 308.11 and Env-Sw 308.12.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.11 Registration Content and Format. {#sec-env-sw-308.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.11}

The registration required pursuant to Env-Sw 308.10 shall be submitted as follows:

(a) The owner of a facility seeking authorization to construct, operate, and close a motor vehicle recycling facility, including motor vehicle recycling facilities where a stationary crusher is located, shall complete a “General Permit Registration for Motor Vehicle Recycling Facility”, NHDES-S-05-069, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-069. The registrant shall include the following with the form, as applicable:

(1) If the municipality where the facility is located has issued a junk yard license, required by RSA 236:111-129, to the owner of the facility, the registrant shall submit to NHDES with the form a copy of the junk yard license and the certificate of location;

(2) If the municipality where the facility is located has not issued a junk yard license, required by RSA 236:111-129, to the owner of the facility, the registrant shall submit to NHDES with the form a statement explaining why a local license has not been issued, signed by the owner of the facility;

(3) If the registrant is unable to certify compliance with the terms of the general permit provided under RSA 149-M:59, the registrant shall submit to NHDES with the form a proposed plan and schedule for achieving compliance within a reasonable time; and

(4) The registrant shall submit to NHDES with the form a dated, signed receipt showing that a copy of the registration form has been submitted to local officials responsible for issuing licenses under RSA 236:111 through RSA 236:129 in the municipality where the facility is located.

(b) The owner of a facility seeking authorization to construct, operate, and close a mobile motor vehicle crusher shall complete a “Registration for Mobile Motor Vehicle Crusher”, NHDES-S-05-068, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-068.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.12 Registration Filing {#sec-env-sw-308.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.12}

(a) General permit registrations completed in accordance with Env-Sw 308.11 shall be filed in accordance with Env-Sw 303.

(b) All registrations filed for a general permit shall be signed by the registrant and the property owner, if other than the registrant, in accordance with Env-Sw 303.04.

(c) The registrant shall complete and file a registration in accordance with Env-Sw 308.10 within 10 days of any change in the information provided in a previously filed registration.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.13 Registration Processing {#sec-env-sw-308.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.13}

(a) Upon receipt of a registration filed in accordance with Env-Sw 308.10 and Env-Sw 308.11, the department shall determine whether the filing requirements in Env-Sw 303 have been met.

(b) A registration filed contrary to Env-Sw 303 shall be returned, with a written explanation as to the reason(s) for returning the registration, and a copy of the registration with deficiencies highlighted.

(c) Return of a registration due to improperly filing or completing the registration shall not preclude the applicant from later obtaining an approval by submitting a registration that meets the registration filing requirements of Env-Sw 303 and this part.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.14 Decision on Registration {#sec-env-sw-308.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.14}

(a) A decision to authorize coverage under a general permit shall be issued in accordance with Env-Sw 308.15.

(b) A decision for denial of coverage under a general permit shall be issued in accordance with Env-Sw 308.16.

(c) A registrant and all persons and entities to whom the registrant was required to provide a copy of the registration pursuant to Env-Sw 303, shall be notified of the decision in writing by the department.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.15 Confirmation of Registration {#sec-env-sw-308.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.15}

(a) The department shall issue a written confirmation of registration to the permittee which shall constitute authorization to construct, operate, and close the facility under the applicable category-specific general permit.

(b) Written confirmation shall include:

(1) Identification of the facility name, permittee name, and location, if not a mobile facility;

(2) The general permit for which authorization is being confirmed; and

(3) A copy of the general permit.

(c) The authorization issued pursuant to Env-Sw 308.15(a) to construct, operate, and close a facility under a general permit shall not affect the permittee’s obligation to:

(1) Obtain any other applicable permit, license, or approval, whether federal, state, or local; and

(2) Comply with all applicable federal, state, district, or local permits, ordinances, laws, approvals, or conditions pertaining to the approved facility or activity.

(d) As provided in RSA 149-M:9, XI, an authorization shall be continuous in duration, subject to modification, revocation, or suspension pursuant to Env-Sw 308.05, until:

(1) The permittee certifies to the department, in writing, that the facility has been closed in accordance with the terms and conditions in the applicable general permit; or

(2) The permittee obtains an individual permit pursuant to Env-Sw 311 through Env-Sw 314.

(e) The authorization shall:

(1) Be specific to the facility and location, if not a mobile facility, identified in the registration; and

(2) Not be transferable.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 308.16 Denial, Suspension, or Revocation of Authorization to Operate Under a General Permit {#sec-env-sw-308.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 308.16}

(a) A written decision to deny, suspend, or revoke authorization to operate under a general permit shall:

(1) Identify the registrant, the general permit category, and all documents that form the basis of the decision;

(2) State the specific reason(s) for the denial, suspension, or revocation based on (b) below;

(3) Identify the applicable provisions for appeal pursuant to RSA 149-M:8;

(4) Provide the name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the decision; and

(5) Be signed by the director or a person so authorized by the director.

(b) Grounds for denying, revoking, or suspending authorization to operate under a general permit shall include:

(1) The facility, proposed facility, or facility operations do not meet the requirements of the applicable general permit(s);

(2) The registrant or permittee and the associated facility are not in compliance with the terms and conditions of the applicable general permit(s);

(3) The department determines that the registrant or permittee meets the criteria for denial pursuant to RSA 149-M:9, IX;

(4) The registrant or permittee is a chronic non-complier as defined by Env-C 209.01(b);

(5) The registrant or permittee has not demonstrated its legal right to occupy the property where the facility is located;

(6) The department has denied, suspended, or revoked registration for the same facility and the grounds for doing so have not been cured;

(7) The registrant is not requesting the permit under their legal name and is not registered with the New Hampshire secretary of state to do business in New Hampshire; and

(8) The registration meets any other provision for denial as specified in the solid waste rules or RSA 149-M.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 309 Pre-1981 Landfill Registrations

N.H. Code Admin. R. Ann. Env-Sw 309.01 Purpose {#sec-env-sw-309.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 309.01}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 309.02 Applicability {#sec-env-sw-309.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 309.02}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 309.03 Registration Requirements {#sec-env-sw-309.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 309.03}

(a) Persons identified in Env-Sw 309.02 shall register by completing a “Pre-1981 Landfill Registration”, NHDES-S-05-037, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-037. The registrant shall include the following with the form, as applicable:

(1) A clearly labeled, United States geological survey (USGS) topographic map, or copy thereof, prepared on a scale of 1:24,000 or 1:25,000 plotting the location of the facility;

(2) If a written permit or approval has been issued by NHDES or predecessor agency for any other activity at the facility or site, the registrant shall submit to NHDES with the form a clearly labeled copy of each permit issued for the facility or site;

(3) A plan or sketch showing the approximate footprint or limits of the waste mass on a map or aerial image with a north arrow; and

(4) If any environmental assessments have been performed for the facility or site, the registrant shall submit to NHDES with the form a complete copy of each report, including laboratory reports and data tables if available.

(b) The registration shall be filed with the department in accordance with Env-Sw 303.

(c) Notification provided to the department in accordance with Env-Wm 315 of the rules adopted under RSA 149-M effective July 1, 1991, shall constitute registration under this part.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 309.04 Registration Processing {#sec-env-sw-309.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 309.04}

(a) Upon 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) Determine whether the information provided is sufficient to support a claim of exemption.

(b) A registration that is filed contrary to Env-Sw 303 or that provides insufficient information to make a determination as to exemption status, shall be returned, with a written explanation as to the reason(s) for returning the registration and a copy of the registration with deficiencies highlighted, within 30 days of receipt of registration.

(c) Return of a registration due to improperly filing or completing the registration shall not preclude the registrant from later obtaining an approval by submitting a registration that meets the registration filing requirements of Env-Sw 303.

(d) If the registration is complete, and the department determines:

(1) That the facility is exempt pursuant to Env-Sw 101.04, within 60 days of the date of receipt of the registration or from a timely notice per (b) above, the department shall notify the facility owner and host municipality of such status and:

a. The requirements of RSA 485 if it determines that the landfill is a known or suspected source of groundwater or surface water contamination;

b. The requirements for site closure and post-closure care 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 if it determines that the landfill is a known or suspected asbestos disposal site that stopped receiving waste before July 10, 1981; and

c. The requirements of (d) through (f) below; or

(2) That the facility is not exempt pursuant to Env-Sw 101.04, within 60 days of the date of receipt of the registration or from a timely notice per (b) above, the department shall notify the facility owner and host municipality of such status and provide instructions on next steps.

(e) If the facility is exempt, the owner shall attach the department’s notification issued pursuant to (c)(1) above to the property deed and cause the notification to be recorded at the registry of deeds in the county where the property is located.

(f) Unless otherwise documented in a legally enforceable written agreement, the owner of the property on which the landfill is located shall be the owner of the landfill.

(g) Re-registration is not required when landfill ownership is transferred.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 310 Application and Registration Fees

N.H. Code Admin. R. Ann. Env-Sw 310.01 Applicability {#sec-env-sw-310.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.01}

The rules in this part shall apply to persons filing applications for permits, permit modifications, waivers, registrations, and applications to certify for distribution and use of a waste-derived product or wood ash.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.02 Standard Permit Application Fees for Facilities Without a Temporary Permit {#sec-env-sw-310.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.02}

(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 (BIF) pursuant to Env-Sw 316, plus the cost of public notice and hearing (PNH) pursuant to Env-Sw 304, plus the cost of hiring an independent licensed PEG pursuant to Env-Sw 304.04(h) or Env-Sw 304.08(b), as illustrated in the following equation:

PAF = MBF + (CF)(LI) + BIF + PNH + PEG

(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 Design Capacity

Facility Design 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

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.03 Standard Permit Application Fees for Temporary Permit Facilities {#sec-env-sw-310.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.03}

The fee for filing a standard permit application for a temporary permit facility shall be $500.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.04 Permit-by-Notification Fees {#sec-env-sw-310.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.04}

There shall be no fee for filing an application for a permit-by-notification.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.05 Research and Development Facility Permit Fee {#sec-env-sw-310.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.05}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.06 Emergency Permit Application Fees {#sec-env-sw-310.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.06}

There shall be no fee for filing an application for an emergency permit.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.07 Type I-A and Type I-B Permit Modification Fees {#sec-env-sw-310.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.07}

(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, plus the cost of PNH pursuant to Env-Sw 304, and hiring an independent licensed PEG pursuant to Env-Sw 304.04(h) and Env-Sw 304.08(b).

(b) The fee for filing an application for a type I-B permit modification as specified in Env-Sw 315.02 shall be $100, plus the cost of hiring an independent licensed PEG pursuant to Env-Sw 304.04(h) and Env-Sw 304.08(b).

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.08 Type II Permit Modification Fee {#sec-env-sw-310.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.08}

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;

(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; and

(c) If the application requires review by an independent licensed PEG pursuant to Env-Sw 304.04(h) and Env-Sw 304.08(b), the fee shall include the cost of hiring the independent licensed PEG.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.09 Type III Permit Modification Fee {#sec-env-sw-310.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.09}

There shall be no fee for filing an application for a type III modification.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.10 Type IV Permit Modification Fee {#sec-env-sw-310.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.10}

The fee for filing an application for a type IV modification shall equal $1,000 plus the cost of completing a BIF pursuant to Env-Sw 316 plus the cost of PNH pursuant to Env-Sw 304.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.11 Type V Permit Modification Fees {#sec-env-sw-310.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.11}

There shall be no fee for filing an application for a type V permit modification.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) # 8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.12 Waiver Fees. {#sec-env-sw-310.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.12}

There shall be no fee for filing an application for a waiver.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.13 Registration Fees. {#sec-env-sw-310.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.13}

There shall be no fee for filing a registration.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.14 Certification of Waste-Derived Products Fees. {#sec-env-sw-310.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.14}

There shall be no fee for filing an application to certify a waste-derived product for distribution and use.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.15 Certification of Wood Ash Fees. {#sec-env-sw-310.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.15}

There shall be no fee for filing an application to certify wood ash for distribution and use.

History

• #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 310.16 Payment of Application and Registration Fees {#sec-env-sw-310.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 310.16}

(a) Fees shall be paid at the time of filing the application or registration, except for the BIF, PNH, and PEG 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 NH.”

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 310.12) (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 311 Permit-by-Notification Requirements

N.H. Code Admin. R. Ann. Env-Sw 311.01 Purpose and Applicability {#sec-env-sw-311.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.01}

(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, and Env-Sw 607.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 311.02 Requirements and Limitations {#sec-env-sw-311.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.02}

(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, or Env-Sw 607 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 311.03 Permit-by-Notification Application Content and Format {#sec-env-sw-311.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.03}

The applicant for a permit-by-notification shall submit the application form as provided in (a) through (j) below:

(a) A person seeking a permit-by-notification for a limited public transfer station as specified in Env-Sw 407.02 shall complete a “Permit-by-Notification Application for Limited Public Solid Waste Transfer Station”, NHDES-S-05-008, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-008. The applicant shall include the following with the form, as applicable:

(1) A clearly labeled, USGS topographic map, or copy thereof, prepared on a scale of 1:24,000 or 1:25,000 plotting the location of the facility;

(2) If NHDES has issued written instructions to apply for this permit because the facility is an unauthorized facility, a facility operating without a permit, the applicant shall submit to the department the NHDES document instructing the party to file this application; and

(3) If the facility sited on the property is the subject of an ongoing NHDES enforcement action, the applicant shall submit to the department a copy of the enforcement action;

(b) A person seeking a permit-by-notification for a collection center for select recyclable materials as specified in Env-Sw 407.03 shall complete a “Permit-by-Notification Application for Collection Center for Select Recyclable Materials”, NHDES-S-05-006, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-006. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(c) A person seeking a permit-by-notification for a scrap metal collection and recycling center as specified in Env-Sw 407.04 shall complete a “Permit-by-Notification Application for Scrap Metal Collection and Recycling Centers”, NHDES-S-05-009, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-009. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(d) A person seeking a permit-by-notification for a truck transfer station as specified in Env-Sw 407.05 shall complete a “Permit-by-Notification Application for Truck Transfer Station”, NHDES-S-05-011, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-011. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(e) A person seeking a permit-by-notification for an asbestos waste holding facility for abatement entities as specified in Env-Sw 407.06 shall complete a “Permit-by-Notification Application for Asbestos Waste Holding Facility for Abatement Entities”, NHDES-S-05-005, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-005. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(f) A person seeking a permit-by-notification for a facility producing certified waste-derived products using processed non-select recyclable materials as specified in Env-Sw 507.04 shall complete a “Permit-by-Notification Application for Processing/Treatment Facilities Producing Certified Waste-Derived Products Using Processed Non-Select Recyclable Materials”, NHDES-S-05-007, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-007. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(g) A person seeking a permit-by-notification for a facility for small food waste composting as specified in Env-Sw 607.02 shall complete a “Permit-by-Notification Application for Small Food Waste Composting Facility”, NHDES-S-05-010, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-010. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(h) A person seeking a permit-by-notification for an infectious waste treatment facility as specified in Env-Sw 507.02 shall complete a “Permit-by-Notification Application for Infectious Waste Treatment Facility”, NHDES-S-05-021, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-021. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable;

(i) A person seeking a permit-by-notification for an asbestos waste holding facility for asbestos disposal site contractors as specified in Env-Sw 407.06 shall complete a “Permit-by-Notification Application for Asbestos Waste Holding Facility for Asbestos Disposal Site Contractors”, NHDES-S-05-017, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-017. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable; and

(j) A person seeking a permit-by-notification for a collection center for non-select recyclable materials as specified in Env-Sw 407.07 shall complete a “Permit-by-Notification Application for Collection Center for Non-Select Recyclable Materials”, NHDES-S-05-016, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-016. The applicant shall include with the form the information required under Env-Sw 311.03(a)(1) through (a)(3), as applicable.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 311.04 Permit-by-Notification Application Filing {#sec-env-sw-311.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.04}

The applicant shall file an application pursuant to Env-Sw 311.03(a) through (j) in accordance with Env-Sw 303, as follows:

(a) The applicant shall sign and file the application with the department in accordance with Env-Sw 303.03;

(b) The applicant shall concurrently provide notice to and file a copy of the application with the host municipality and host district in accordance with Env-Sw 303.07; and

(c) The applicant shall concurrently provide notice to and file a copy of the application with the entities identified in Env-Sw 308 through Env-Sw 312, if applicable.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 311.05 Permit-by-Notification Application Review and Decision {#sec-env-sw-311.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.05}

The application shall be processed in accordance with Env-Sw 304 and Env-Sw 305.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 311.06 Verification of Permit Information {#sec-env-sw-311.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 311.06}

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:

(a) The written operating plan required by Env-Sw 1202.02(a)(2)a.;

(b) The written closure plan required by Env-Sw 1202.02(a)(3)a.;

(c) Any operator certifications required by Env-Sw 1202.05(d);

(d) Proof of compliance with the siting criteria set forth in Env-Sw 1203;

(e) Proof of notification in accordance with Env-Sw 311.04(b) and (c);

(f) Proof that adequate funds in an amount no less than the amount calculated pursuant to Env-Sw 1403.02, are readily available to cover the cost of facility closure; and

(g) Any additional documentation required by Env-Sw 407, Env-Sw 507, and Env-Sw 607, as applicable.

History

• #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 312 Research and Development Projects Permitting Provisions

N.H. Code Admin. R. Ann. Env-Sw 312.01 Purpose and Applicability {#sec-env-sw-312.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 312.01}

(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).

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 312.02 Requirements and Limitations {#sec-env-sw-312.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 312.02}

(a) A research and development facility permit shall be issued for research and development projects meeting the following requirements:

(1) Funding for the project is made 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, conduct or supervise the project; and

(3) Subject to (b) below, the project complies 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(ies);

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.

(d) A research and development facility permit shall be effective for the time period required to complete the studies and facility closure, based on a schedule provided in the permit application.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 312.03 Research and Development Permit Application Content and Format {#sec-env-sw-312.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 312.03}

The applicant shall:

(a) Complete a “Research and Development Facility Permit Application”, NHDES-S-05-013, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-013;

(b) Provide the following if unable to submit the compliance certification pursuant to Env-Sw 303.14:

(1) Personal or business disclosure forms for the applicant, lead investigator, and facility operator via certified mail directly to the NHDOJ, Environmental Protection Bureau, 1 Granite Place South, Concord, NH 03301;

(2) A copy of the cover letter submitted to the NHDOJ; and

(3) The signed certified mail returned receipt card(s);

(c) Submit to NHDES a clearly labeled, USGS topographic map, or copy thereof, prepared on a scale of 1:24,000 or 1:25,000 plotting the location of the facility;

(d) Provide clearly labeled copies of all articles or reports published in scientific or technical journals that should reasonably be known to the applicant, government agency or research institution, and investigator(s) which document or otherwise discuss studies of the process or methods proposed to be studied, including foreign language articles or reports, translated into English, which have been published in scientific or technical journals and reflect negatively on the process or methods proposed to be studied;

(e) Provide a closure cost estimate prepared in accordance with Env-Sw 1403.02; and

(f) If the proposed project is subject to the provisions of Env-Sw 1400, attach a proposed financial assurance plan in accordance with Env-Sw 1400.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 312.04 Research and Development Permit Application Filing {#sec-env-sw-312.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 312.04}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 312.05 Research and Development Permit Application Review and Decision {#sec-env-sw-312.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 312.05}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 313 Emergency Facility Permit Provisions

N.H. Code Admin. R. Ann. Env-Sw 313.01 Purpose and Applicability {#sec-env-sw-313.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.01}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 313.02 Applicable Requirements and Limitations {#sec-env-sw-313.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.02}

(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.

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 313.03 Pre-application Contact {#sec-env-sw-313.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.03}

(a) Prior to filing an application for an 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 313.04 Emergency Facility Permit Application Content and Format {#sec-env-sw-313.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.04}

(a) The applicant for an emergency facility permit shall complete an “Emergency Facility Permit Application”, NHDES-S-05-058, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-058.

(b) As part of the application, the applicant shall provide a certification of threat, in addition to that required by Env-Sw 303.04, signed by 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.

(c) As part of the application, the applicant shall provide a clearly labeled, USGS topographic map, or copy thereof, prepared on a scale of 1:24,000 or 1:25,000 plotting the location of the facility.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 313.05 Emergency Facility Permit Application Filing {#sec-env-sw-313.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.05}

Applications for an emergency facility permit shall be signed and filed by the applicant in accordance with Env-Sw 303.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 313.06 Emergency Facility Permit Application Processing {#sec-env-sw-313.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 313.06}

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; and

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 314 Standard Facility Permitting Provisions

N.H. Code Admin. R. Ann. Env-Sw 314.01 Purpose and Applicability {#sec-env-sw-314.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.01}

(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, or Env-Sw 607;

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 314.02 Requirements and Limitations {#sec-env-sw-314.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.02}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 314.03 Standard Facility Permit Application Content and Format {#sec-env-sw-314.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.03}

An applicant shall file a standard permit application that includes the applicable form, including attachments, as follows:

(a) An applicant seeking to operate a collection, storage, and transfer facility shall complete a “Standard Permit Application for Solid Waste Collection/Storage/Transfer Facility,” NHDES-S-05-039, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-039. The applicant shall submit with the form:

(1) A clearly labeled, USGS topographic map, or copy thereof, prepared on a scale of 1:24,000 or 1:25,000 plotting the location of the facility;

(2) The applicant shall review Env-Sw 303.06 through 303.12 to determine which entities the applicant must notify in accordance with Env-Sw 303.05, and attach proof of having provided legal notices and filings by submitting a copy of each notice and the signed certified mail return receipt card or if by hand delivery, the signed acknowledgement from the recipient;

(3) If the applicant is not the property owner, a copy of the document(s) that demonstrate(s) that the applicant and their successors and assigns have or will have a lease, easement, or other legal right for use of the property for the purposes proposed in this application and consistent with RSA 149-M, the solid waste rules, and any permit that may be granted;

(4) If the facility is located, or proposed to be located, on property where a right-of-way, easement, or other legal right for use of the property has been granted to a third party(ies), a copy of the legal document(s) describing and identifying the right-of-way, easement, or other legal right for use of the property by a third party(ies);

(5) Provide a site report that demonstrates the location of the proposed facility complies with all applicable siting requirements as noted in Env-Sw 314.02(a), and that the site is, in all other respects, a suitable location for the proposed facility. The site report shall include a narrative description of the site that identifies and describes:

a. Existing site features, conditions, and topography;

b. The location of the proposed facility;

c. The physical relationship of the proposed facility to its surroundings;

d. Anticipated traffic impacts by the proposed facility;

e. A 50-year history of the use(s) of the site;

f. Any known or suspected conditions at the site which are or should be of environmental, public health, or safety concern;

g. Proximity to and potential impacts on receptors and sensitive environments including, but not limited to, floodplains, wetlands, habitats for endangered or threatened wildlife, designated rivers, other surface waters and water supplies including reservoirs, intakes and supply wells; and

h. Other information as required to demonstrate compliance with the applicable siting requirements;

(6) A copy of the local tax map(s) which shows the property on which the proposed facility will be sited and which identifies all abutters required to be notified pursuant to Env-Sw 303;

(7) A map(s) identifying surrounding land use and zoning, as well as surrounding topography and infrastructure such as but not limited to streets, buildings, and utilities within 1,000 feet of the proposed facility site;

(8) A map(s) of the proposed facility’s proximity to potential receptors within 1,000 feet of the proposed facility site as well as sensitive environments, including, but not limited to, floodplains, wetlands, habitats for endangered or threatened wildlife, designated rivers, other surface waters and water supplies including reservoirs, intakes and supply wells;

(9) A map(s) or figure(s) as required to demonstrate compliance with applicable siting requirements;

(10) A hydrogeological report for the site that includes:

a. A description of the site topography and surface drainage;

b. A description of site soils as determined by subsurface investigation(s) or review of United States Department of Agriculture (USDA) soil report(s);

c. The approximate depth to bedrock and seasonal high groundwater;

d. Groundwater flow direction;

e. For facilities requiring a groundwater management or release detection permit pursuant to RSA 485-C, other information required by the administrative rules for groundwater management or groundwater release detection permits, Env-Or 600 and Env-Or 700, as applicable; and

f. A summary outlining the main findings of the report;

(11) For facilities requiring information on in-situ soil and rock characteristics for foundation design, a preliminary geotechnical engineering report that includes:

a. A description of the subsurface exploration program;

b. A summary of subsurface conditions;

c. Field and laboratory data, including subsurface exploration logs and a site plan showing exploration location(s);

d. A summary of findings;

e. Recommended preliminary geotechnical engineering design parameters required to conduct preliminary evaluations, analyses, and calculations needed to demonstrate compliance with the siting and design requirements in the solid waste rules, which parameters shall be substantiated by the field and laboratory data; and

f. A conclusion regarding the geotechnical suitability of the site for the proposed facility;

(12) A plan showing existing site conditions; and

(13) Preliminary plans and specifications with calculations and other supporting documentation necessary to demonstrate compliance with all applicable design requirements prepared in accordance with Env-Sw 1103.05;

(b) An applicant seeking to operate a processing and treatment facility shall complete a “Standard Permit Application for Solid Waste Processing/Treatment Facility,” NHDES-S-05-041, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-041. The applicant shall include with the form the information required under Env-Sw 314.03(a)(1) through (a)(13);

(c) An applicant seeking to operate a landfill shall complete a “Standard Permit Application for Solid Waste Landfill Facility,” NHDES-S-05-040, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-040. The applicant shall include with the form the information required under Env-Sw 314.03(a)(1) through (a)(13); and

(d) An applicant seeking to close an unpermitted landfill shall complete a “Standard Permit Application for Solid Waste Landfill Closure," NHDES-S-05-026, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-026. The applicant shall include with the form the information required under Env-Sw 314.03(a)(1) through (a)(4), Env-Sw 314.03(a)(5)a. through (a)(5)e., and Env-Sw 314.03(a)(6) through (a)(13).

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 314.04 Other Information {#sec-env-sw-314.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.04}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 314.13) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 314.05 Application Filing {#sec-env-sw-314.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.05}

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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 314.14) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 314.06 Application Review and Decision {#sec-env-sw-314.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 314.06}

Standard facility permit applications shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 314.15) (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 315 Permit Modification

N.H. Code Admin. R. Ann. Env-Sw 315.01 Applicability {#sec-env-sw-315.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.01}

(a) Except as specified in (b) and (c), 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 pursuant to Env-Sw 308.

(c) A permit-by-notification shall not be modified, except if the modification is a type III or type V modification pursuant to (d) below 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.

(d) Only the following types of modifications are applicable to a permit-by-notification:

(1) Type III modifications identified in Env-Sw 315.02(d)(2), (6), (8), and (9); and

(2) Type V modifications identified in Env-Sw 315.02(f).

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.02 Definitions {#sec-env-sw-315.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.02}

(a) “Type I-A modification” means a modification that is an amendment to the terms and conditions of a permit that is not a type II through type V modification and 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 New Hampshire landfill without a comparable reduction in the permitted capacity of the landfill, such as by directly or indirectly increasing the quantity of waste received daily;

(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.

(b) “Type I-B modification” means a modification that is an amendment to the terms and conditions of a permit that is not a type I-A modification, or a type II through type V modification and, 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.

(c) “Type II modification” means an amendment to the terms and conditions of a permit to approve and incorporate by reference final or updated 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 previously approved preliminary plans, as required to satisfy prerequisites for construction or operation pursuant to Env-Sw 1100, and Env-Sw 305.05(b) and (c);

(2) Approving updated final plans for construction, operation, financial assurance, or closure of a facility that is merely a change to improve the same within the limits specified in the permit and do not:

a. Alter the permitted facility’s functional classification;

b. Change the basis of the approved facility design;

c. Alter the post-closure use of the facility; or

d. Increase the potential for nuisance conditions; and

(3) Approving preliminary plans for closure of a landfill under the provisions of a temporary permit pursuant to Env-Sw 307.08(b).

(d) “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;

(2) A change in the facility street address that does not constitute relocation of the facility;

(3) A change in an 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;

(4) A change in facility operations to separately collect, store, and transfer the type of select recyclable materials not previously authorized by the permit, to the extent that the activity:

a. Does not increase either the design capacity or design storage capacity of the facility; and

b. Does not require a change in the approved financial assurance plan of record for the facility;

(5) Changes in the approved operating plan of record or approved closure plan of record that are corrections of typographical or clerical errors, or updates to contact information that do not constitute changes required to be made pursuant to a type IV permit modification;

(6) Changes in the following activities:

a. Activities not regulated by the solid waste rules but involving a waste listed in Env-Sw 101.03; and

b. Activities that are permit-exempt pursuant to Env-Sw 302.03;

(7) For a permit-by-notification, a change in the authorized wastes consistent with the requirements and limitations in Env-Sw 1200 and Env-Sw 407, Env-Sw 507, or Env-Sw 607, as applicable;

(8) For landfills:

a. A proposed alternative cover material demonstration pursuant to Env-Sw 806.03(f)(1);

b. A change in the type of cover material to be used at the facility, pursuant to Env-Sw 806.03(e)(2)a., b., c., or e.; or

c. Expansion of an existing decomposition gas management system within the landfill footprint that is designed based on previously approved preliminary plans;

(9) A name change for the permittee or facility that does not constitute a type IV modification;

(10) A change in organizational structure that does not constitute a type IV modification; and

(11) A change in the property ownership that does not constitute a type IV modification.

(e) “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. A change in officers, directors, partners, or individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility identified pursuant to Env-Sw 303.14(a);

b. For a partnership, a change in the majority of general partners;

c. For a corporation, a transfer of the majority of corporate assets or of a majority of voting shares to a new individual or entity;

d. For other organizations, a transfer of the control of the organization to a new individual or entity; and

e. For an individual, transfer of control to another individual or entity.

(f) “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 electronically, or to be destroyed.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.03 Approval Required {#sec-env-sw-315.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.03}

(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 by filing:

(1) The applicable form as specified in Env-Sw 315.05 to Env-Sw 315.09; and

(2) The applicable attachments specified in Env-Sw 315.04.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.04 Permit Modification Application Filing Procedures {#sec-env-sw-315.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.04}

(a) All applications to modify a permit shall be:

(1) Signed by the permittee, facility owner(s), and property owner(s) in accordance with Env-Sw 303.04; and

(2) Submitted by the permittee as the applicant in accordance with Env-Sw 303.

(b) Applications for a type IV modification shall be signed and submitted by both the existing permittee and the proposed permittee, as co-applicants.

(c) Applications for a type III modification shall include the following signed statement by the permittee, in addition to the requirements specified in Env-Sw 303, certifying that:

(1) The proposed change is within the defined limits of a type III modification pursuant to Env-Sw 315.02; and

(2) The proposed change shall not cause the facility to violate any applicable requirement in Env-Sw 1000 or violate any other condition of the permit.

(d) An application for permit modification in which changes to the facility design plan(s), operating plan, closure plan, financial assurance plan, or other plan(s) are required shall be submitted with draft amendments for each document prepared as follows:

(1) 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;

(2) 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 (6) 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 proposed changes and date of revision;

(3) 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 (6) 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 proposed changes and date of revision;

(4) 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;

(5) If the proposed modification requires changes to the last approved plan of record for any other type of plan, the proposed revisions shall be presented in the form of a complete plan and shall be clearly marked to show the proposed changes; and

(6) If there is no last approved plan of record for any of (1) through (5) 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 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.

(e) An application for permit modification shall be submitted with all calculations required to support and verify the adequacy of the proposed changes.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.05 Application Content and Format, Type I-A and I-B Modifications {#sec-env-sw-315.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.05}

For a type I-A or type I-B permit modification, as defined in Env-Sw 315.02(a) and (b), the permittee shall file an application, as follows:

(a) The application form as specified in (1) through (4) below:

(1) A permittee seeking a type I-A modification as defined in Env-Sw 315.02(a), for a collection, storage, and transfer facility shall complete a “Type I-A Permit Modification Application for Collection/Storage/Transfer Facility”, NHDES-S-05-046-a, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-046-a;

(2) A permittee seeking a type I-A modification as defined Env-Sw 315.02(a) for a solid waste landfill shall complete a “Type I-A Permit Modification Application for Landfill Facility”, NHDES-S-05-046-b, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-046-b;

(3) A permittee seeking a type I-A modification as defined in Env-Sw 315.02(a) for a processing and treatment facility shall complete a “Type I-A Permit Modification Application for Processing/Treatment Facility”, NHDES-S-05-046-c, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-046-c; and

(4) A permittee seeking a type I-B modification as defined in Env-Sw 315.02(b) shall complete a “Type I-B Permit Modification Application”, NHDES-S-05-046-d, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-046-d. If there are plans being revised to reflect the proposed changes, include a clearly marked draft of the proposed plan(s), clearly labled;

(b) The information specified in Env-Sw 315.04(d) and (e), as applicable; and

(c) The information specified in Env-Sw 314.03(a)(2), and Env-Sw 314.03(a)(5) through (a)(11), as applicable.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.06 Application Content and Format, Type II Modifications {#sec-env-sw-315.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.06}

For a type II permit modification, the permittee shall complete a “Type II Permit Modification Application”, NHDES-S-05-047, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-047, and the information specified in Env-Sw 315.04(d) and (e), as applicable.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.07 Application Content and Format, Type III Modification {#sec-env-sw-315.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.07}

For a type III permit modification, the permittee shall file an application as follows:

(a) The application form as specified in (1) through (12) below:

(1) A permittee seeking a type III modification for a change in facility operating days or hours shall complete a “Type III Permit Modification Application for Change in Facility Operating Days and/or Hours”, NHDES-S-05-048-k, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-k;

(2) A permittee seeking a type III modification for a change in a facility street address shall complete a “Type III Permit Modification Application for Change in Facility Street Address”, NHDES-S-05-048-a, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-a;

(3) A permittee seeking a type III modification for a change in above-ground site feature(s) shall complete a “Type III Permit Modification Application for Change in Above-Ground Site Feature(s)”, NHDES-S-05-048-j, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-j. The applicant shall include with the form a site plan showing the changed feature(s);

(4) A permittee seeking a type III modification for a change in type of authorized select recyclable materials shall complete a “Type III Permit Modification Application for Change in Type of Authorized Select Recyclable Materials”, NHDES-S-05-048-b, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-b;

(5) A permittee seeking a type III modification for a change in approved operating plan of record and/or approved closure plan of record shall complete a “Type III Permit Modification Application for Change in Approved Operating Plan of Record and/or Approved Closure Plan of Record”, NHDES-S-05-048-c, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-c;

(6) A permittee seeking a type III modification for a change in non-solid waste activities or permit exempt activities shall complete a “Type III Permit Modification Application for Change in Non-Solid Waste Activities or Permit Exempt Activities”, NHDES-S-05-048-d, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-d;

(7) A permittee seeking a type III modification for a change in landfill cover shall complete a “Type III Permit Modification Application for Change in Landfill Cover”, NHDES-S-05-048-f, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-f;

(8) A permittee seeking a type III modification for a landfill gas management system change shall complete a “Type III Permit Modification Application for Change in Landfill Gas Management System”, NHDES-S-05-048-g, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-g. The applicant shall submit to NHDES with the form:

a. A clearly labeled construction plans and specifications stamped by a qualified professional engineer;

b. A clearly labeled copy of the odor control specification that shall be followed during construction; and

c. Certification by a qualified professional engineer, signed and stamped, that to their knowledge and belief, the landfill gas system expansion design is based on preliminary plans approved pursuant to Env-Sw 314 or Env-Sw 315 and the plans and specifications do not alter or interfere with the permitted functions of the facility, change the basis of the preliminary approval or violate any applicable criteria in the solid waste rules and RSA 149-M, as affirmed by affixing my seal hereon pursuant to Env-Sw 1103.05(d) and RSA 310-A:18;

(9) A permittee seeking a type III modification for a change in permittee or facility name shall complete a “Type III Permit Modification Application for Change in Permittee or Facility Name”, NHDES-S-05-048-h, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-h;

(10) A permittee seeking a type III modification for a change in organizational structure shall complete a “Type III Permit Modification Application for Change in Organizational Structure”, NHDES-S-05-048-l, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-l. 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, the applicant shall submit to NHDES with the form proof of operator certification or processed applicant status;

(11) A permittee seeking a type III modification for a change in property owner shall complete a “Type III Permit Modification Application for Change in Facility or Property Ownership”, NHDES-S-05-048-i, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-i; and

(12) A permittee seeking a type III modification for a change in authorized waste types or waste quantities being managed for a permit-by-notification facility shall complete a “Type III Permit Modification Application for Change in Authorized Waste Types and/or Waste Quantities Being Managed for a Permit-by-Notification Facility”, NHDES-S-05-048-e, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-048-e;

(b) The certification statement specified in Env-Sw 315.04(c); and

(c) The information specified in Env-Sw 315.04(d) and (e), as applicable.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.08 Application Content and Format, Type IV Modifications {#sec-env-sw-315.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.08}

For a type IV permit modification, the existing permittee and the proposed permittee, acting as co-applicants, shall:

(a) Complete and submit to NHDES a “Type IV Permit Modification Application”, NHDES-S-05-044, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-044;

(b) Provide the information specified in Env-Sw 315.04(d) and (e), as applicable;

(c) Submit a closure cost estimate prepared in accordance with Env-Sw 1403.02; and

(d) Provide the information as specified in Env-Sw 314.03(a)(2).

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.09 Application Content and Format, Type V Modification {#sec-env-sw-315.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.09}

For a type V permit modification, the permittee shall complete a “Type V Permit Modification Application”, NHDES-S-05-043, December 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-043, and the information specified in Env-Sw 315.04(d) and (e), as applicable.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 315.10 Application Review and Decision {#sec-env-sw-315.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 315.10}

All applications to modify a permit shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Part Env-Sw 316 Performance History Requirements

N.H. Code Admin. R. Ann. Env-Sw 316.01 Purpose {#sec-env-sw-316.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.01}

The purpose of the rules in this part is to implement RSA 149-M:9, III, IX, and XII 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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.02 Applicability {#sec-env-sw-316.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.02}

(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 pursuant to Env-Sw 315; and

(4) Type I-A permit modification pursuant to Env-Sw 315.

(b) The rules in this part shall not apply to an applicant that is a municipality, governmental unit, agency, or political subdivision of the state, or combination thereof.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.03 Background Investigation Requirements {#sec-env-sw-316.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.03}

(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:

(1) The personal and business disclosure forms and additional information required by Env-Sw 316.04 for all individuals and entities, respectively, identified in Env-Sw 316.05;

(2) The New Hampshire department of safety “Criminal History Record Information Release Authorization Form”, DSSP256, September 2022, required by RSA 149-M:9, III(b)(1) and RSA 149-M:9, XIII(a), available at https://www.nhsp.dos.nh.gov/sites/g/files/ehbemt461/files/inline-documents/sonh/dssp2561_vgmedits.pdf; and

(3) A complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations, as required by RSA 149-M:9, III(b)(1) and RSA 149-M:9, XII(a).

(b) Applicants shall cooperate fully with the NHDOJ and the New Hampshire department of safety during the background investigation.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.04 Disclosure Forms, Additional Information, and Signatures {#sec-env-sw-316.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.04}

(a) Disclosure of personal information:

(1) The applicant shall complete and notarize the “Personal Disclosure Form,” NHDES-S-05-AG1, December 2024, available at: https://onlineforms.nh.gov/app/#/formversion/c7da0c4e-85ea-4e0f-9bd8-09ea741691cc; and

(2) The applicant shall include for each individual that files the form, a signed, dated, and notarized 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:

a. The individual is affiliated with an applicant for a solid waste permit;

b. 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;

c. The authorization supersedes and countermands any prior request or authorization to the contrary; and

d. A photostatic or electronic copy of the authorization shall be considered as effective and valid as the original.

(b) Disclosure of business information:

(1) The applicant shall complete and notarize the “Business Disclosure Form,” NHDES-S-05-AG2, December 2024, available at: https://onlineforms.nh.gov/app/#/formversion/a78b3361-31e5-4467-985a-25521db12fe4; and

(2) The applicant shall include the following additional information:

a. Certificate of incorporation;

b. Partnership agreement;

c. Agreements that describe the establishment of business concerns including how the business concern is organized and under what legal authority it was established;

d. If the business concern is a subsidiary of a parent corporation, or is the parent of one or more subsidiaries, or is part of a conglomerate or a group of companies in common ownership, provide charts showing the names and relationships of all parent, sister, subsidiary and affiliate corporations, or members of the conglomerate or group;

e. If the business is privately held or is a public traded corporation with 25% or more of its stock held by members of the same family, provide charts showing all other business concerns owned or controlled by members of that family;

f. Corporation’s most recent annual report to stockholders and SEC Form 10-k;

g. A completed certifications statement; and

h. A signed, dated, and notarized release for each entity that files the form specified in (b) above 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.

(c) A form filed pursuant to (a) or (b) above shall be signed and dated by the individual who is the subject of the disclosure.

(d) If a form specified in (a) or (b) above is filed by someone other than the individual who is the subject of the disclosure, the name, address, and telephone number of the individual who completed the form shall be provided on the form.

(e) The signature provided pursuant to (c), above, shall constitute agreement to the affirmations and acknowledgements in Env-Sw 303.04.

(f) The individual who prepares a business disclosure form in accordance with (b) above shall complete, sign, and have notarized an “Affidavit of Author”, which shall constitute an affirmed statement that the disclosure is being filed on behalf of the entity that is the subject of the disclosure.

(g) A business disclosure form filed in accordance with (b) above 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 (f) and (g), above, shall constitute agreement to the affirmations and acknowledgements in Env-Sw 303.04.

History

• (See Revision Note #1 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; ss by #14124, eff 11-23-24 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.05 Entities and Individuals Required to Submit Information {#sec-env-sw-316.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.05}

(a) If the applicant is an individual, the applicant shall complete, sign, and submit the disclosure forms specified in 316.04(a) and (b).

(b) If the applicant is not an individual, the applicant shall complete, sign, and submit:

(1) A business disclosure form in accordance with Env-Sw 316.04(b) 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 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 personal disclosure form in accordance with Env-Sw 316.04(a) 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 personal disclosure form in accordance with Env-Sw 316.04(a) and a business disclosure form in accordance with Env-Sw 316.04(b) for the facility operator as though the facility operator is the applicant and as described in (a) and (b), above.

(d) If for a research and development permit in accordance with Env-Sw 312, the lead investigator shall submit a personal disclosure form in accordance with (a) above.

History

• (See Revision Note #1 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 #14124, eff 11-23-24 (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.06 Filing of Disclosure Forms {#sec-env-sw-316.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.06}

(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.

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24 (formerly Env-Sw 316.07) (see Revision Note #2 at chapter heading for Env-Sw 300)

N.H. Code Admin. R. Ann. Env-Sw 316.07 Background Investigation Fee {#sec-env-sw-316.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 316.07}

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.

Appendix

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 and XVI; RSA 149-M:9; RSA 149-M:10

Env-Sw 304

RSA 149-M:6, III and V; RSA 149-M:7, III and XVI;RSA 149-M:9, VIII, XV; RSA 149-M:11, IV(a)

Env-Sw 305

RSA 149-M:6, III; RSA 149-M:7, III and XVI;RSA 149-M:9; RSA 149-M:11;RSA 149-M:12

Env-Sw 306

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:12

Env-Sw 307

RSA 149-M:6, III; RSA 149-M:7, III, XVI

Env-Sw 308

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:9, I-a and I-b; RSA 149-M:59; RSA 149-M:60

Env-Sw 309

RSA 149-M:7, V, XIV, and XVI

Env-Sw 310

RSA 149-M:6, III; RSA 149-M:7, IV; RSA 149-M:9, V

Env-Sw 311

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:9; RSA 149-M:10

Env-Sw 312

RSA 149-M:6, III; RSA 149-M:7: RSA 149-M:9; RSA 149-M:10

Env-Sw 313

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:9; RSA 149-M:10

Env-Sw 314

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:9; RSA 149-M:10

Env-Sw 315

RSA 149-M:6, III; RSA 149-M:7; RSA 149-M:9; RSA 149-M:10

Env-Sw 316

RSA 149-M:6, III; RSA 149-M:9, III , IX and XII; RSA 149-M:10

History

• (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24 (formerly Env-Sw 316.08) (see Revision Note #2 at chapter heading for Env-Sw 300)

Chapter Env-Sw 400 Collection, Storage, and Transfer Facility Requirements

Part Env-Sw 401 Applicability

N.H. Code Admin. R. Ann. Env-Sw 401.01 Applicability {#sec-env-sw-401.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 401.01}

The rules in this chapter shall apply to collection, storage, and transfer (C/S/T) facilities, including transfer stations and recycling facilities.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2101.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 402 Permitting Requirements

N.H. Code Admin. R. Ann. Env-Sw 402.01 Permit Required {#sec-env-sw-402.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 402.01}

(a) A permit issued pursuant to the solid waste rules shall be required for construction, operation, and closure of a C/S/T facility, unless exempt pursuant to Env-Sw 302.03 or Env-Sw 408.

(b) The type of permit required shall be as specified in Env-Sw 302.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2102.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 402.02 Permit Application Requirements {#sec-env-sw-402.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 402.02}

The applicant for a C/S/T facility permit shall prepare the application in accordance with:

(a) Env-Sw 314 for a standard permit;

(b) Env-Sw 313 for an emergency permit;

(c) Env-Sw 312 for a research and development permit; and

(d) Env-Sw 311 for a permit-by-notification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2102.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 403 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 403.01 Applicability {#sec-env-sw-403.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 403.01}

(a) The siting requirements in this part shall apply to all C/S/T facilities, except:

(1) Facilities that hold a permit issued under RSA 149-M prior to the 2024 readoption of the solid waste rules;

(2) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 408;

(3) Permit-by-notification facilities having an active life of 90 days or less;

(4) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The siting requirements in this part shall apply as the complement of the siting requirements in Env-Sw 1003 for all facilities, Env-Sw 1102 for facilities having an active life longer than 90 days, and Env-Sw 1203 for permit-by-notification facilities.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2103.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 403.02 Setback Requirements {#sec-env-sw-403.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 403.02}

(a) A C/S/T facility shall be sited no less than 50 feet from the footprint of any landfill not yet capped, except a lesser distance shall be permitted if the department determines based on information provided in the permit application and in an approved closure plan for the landfill that the lesser distance shall not prohibit compliance with Env-Sw 1003.01.

(b) A C/S/T facility shall be sited no less than 50 feet from any property line, except a lesser distance shall be allowed if the facility was issued a permit prior to 2024 and has remained in continuous operation.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2103.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 404 Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 404.01 Applicability {#sec-env-sw-404.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 404.01}

(a) The design requirements in this part shall apply to all C/S/T facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 408;

(2) Permit-by-notification C/S/T facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.03(b); and

(4) Emergency permit C/S/T facilities as provided by Env-Sw 313.02(b).

(b) The design requirements in this part shall apply as the complement of the design requirements in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2104.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 404.02 General Design Requirements {#sec-env-sw-404.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 404.02}

A C/S/T facility shall be designed to operate in conformance with Env-Sw 405.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2104.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 404.03 Design Features and Appurtenances {#sec-env-sw-404.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 404.03}

(a) The design of a C/S/T facility shall include each of the following features and appurtenances, except as provided in (b) below:

(1) Waste receiving and inspection area(s);

(2) Waste sorting area(s), if facility operations involve the sorting of waste;

(3) Hot load segregation and control area(s);

(4) Waste storage areas and devices including, as appropriate for the type of waste being stored, transfer containers, bins, concrete bunkers, covered pallets, buildings, and storage pads for stockpiles;

(5) Equipment required to operate the facility in conformance with the solid waste rules including, as applicable to the size and scope of operations, scales, balers, compactors, mechanical sorting devices, fork lifts, trucks, and other vehicles;

(6) Equipment storage and cleaning areas;

(7) A closed drainage system or functionally equivalent operating system to manage the discharge of liquids, if any, from waste handling and storage areas and from equipment cleaning area(s);

(8) Lighting;

(9) Active or passive ventilation systems for enclosed areas;

(10) Fire control devices or systems, including smoke detectors, alarms, fire extinguishers, and sprinkler systems as appropriate;

(11) Shelter for facility operators, including heating, ventilation, and air conditioning systems as appropriate;

(12) Sanitation facilities for facility operators;

(13) First aid station for facility operators;

(14) Emergency communication for facility operators;

(15) Office or other area for maintaining and storing facility records; and

(16) Access control devices such as fencing, gates and bars, locked buildings, and signs.

(b) A design feature or appurtenance listed in (a) above shall not be required if:

(1) The applicant or permittee, as applicable, demonstrates in a permit application, application for permit modification, or compliance report, as applicable, that:

a. The underlying facility operating requirements in Env-Sw 405, Env-Sw 1005, Env-Sw 1105, and Env-Sw 900, as applicable, will be met without the design feature or appurtenance or met through use of an alternative feature, appurtenance, or practice; and

b. Not incorporating the design feature or appurtenance, as proposed, will not result in a violation of the universal environmental performance requirements in Env-Sw 1002; and

(2) The department provides written approval thereof in the permit or permit modification, specifically including reference to any alternative feature, appurtenance, or practice the facility shall employ as a condition of the approval.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2104.03); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 404.04 Waste Handling and Storage Area Design Requirements {#sec-env-sw-404.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 404.04}

(a) A waste handling and storage area shall be designed to collect and contain waste in a manner that is protective of the environment, public health, and safety.

(b) Storage areas for waste being managed as a recyclable material shall be designed to preserve the market value of the material. For instance, waste paper destined for recycling shall be stored indoors, protected from rain and moisture.

(c) A waste handling and storage area shall be delineated and signed to control and assure proper use of the area by facility users and operators, as appropriate based on the following factors:

(1) Whether public access to the area will be allowed;

(2) Whether a full time operator will be present to monitor and control use of the area;

(3) Whether the area will be used to handle wastes requiring segregation from other waste types;

(4) Whether the area will be used to handle wastes requiring no public contact in order to protect the environment, public health or safety; and

(5) Whether the method of assuring the facility receives no excess waste will be based on visually monitoring the extent to which the designated storage area is filled.

(d) A waste handling and storage area shall be designed to manage and store waste in a manner that to the greatest extent practicable controls dust, litter, insects, odors, vectors, spills, the production of leachate, fire hazards including spontaneous combustion, the generation of methane, and other hazardous or explosive gases, noise, and nuisances.

(e) A waste storage and handling area shall be designed to prohibit public access to any area used for storing or handling a waste that requires special handling to assure protection of the environment, public health, and safety.

(f) A C/S/T facility shall be designed to allow year round access by facility operators to all waste storage areas for the purposes of:

(1) Inspection;

(2) Monitoring;

(3) Maintenance; and

(4) The removal of waste as necessary to comply with Env-Sw 405.03 and to protect the environment, public health and safety.

(g) Stockpiles shall be designed in conformance with the requirements of Env-Sw 404.05.

(h) Storage areas for a waste listed in Env-Sw 900 shall be designed in conformance with the applicable collection, storage, and transfer requirements specified in Env-Sw 900.

(i) Putrescible waste shall not be collected or stored on the ground.

(j) Mixed municipal solid waste, including mixed refuse, shall not be collected or stored on the ground.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2104.04); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 404.05 Waste Stockpiles {#sec-env-sw-404.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 404.05}

(a) Stockpiles of waste shall be positioned within a footprint identified on the facility site plan.

(b) If a stockpile will be open to precipitation, the footprint of the stockpile shall be:

(1) Underlain by an asphalt, concrete, or packed soil surface; and

(2) Graded to prohibit precipitation and surface drainage from surrounding areas from draining through or collecting in the stockpile area.

(c) A waste stockpile shall be located, sized, and configured in accordance with (d) below and as required by local fire authorities in order to assure that available local firefighting equipment and resources will be able to effectively respond to a fire at the facility.

(d) At a minimum, a C/S/T facility shall be designed to:

(1) Provide access to all waste stockpiles for fire control purposes, including the placement and maintenance of fire lanes between and around all stockpiles of combustible waste;

(2) Limit the height of the stockpiles to a height compatible with local fire fighting equipment response capabilities; and

(3) Provide a water supply within a distance and in a quantity sufficient for local fire fighting needs.

(e) A stockpile shall be sized and configured to be physically stable against slides, collapse, or other conditions that might result in personal injury or destruction of property.

(f) A stockpile shall be covered when required to protect the environment, public health or safety.

(g) A stockpile of a waste listed in Env-Sw 900 shall conform to the applicable stockpiling requirements specified in Env-Sw 900, if any.

(h) If a waste exhibits a characteristic which has the potential to cause groundwater or surface water contamination when placed in contact with the ground surface, the waste shall be stockpiled in a manner as to prevent the contamination by means of a leachate collection system or functionally equivalent control system.

(i) If a waste exhibits a characteristic which has the potential to cause air pollution or a respiratory hazard, the waste shall be stockpiled in a manner as to prevent the air pollution and respiratory hazard in conformance with state and federal regulations for the control of air pollution, including RSA 125-C.

(j) If a waste has the potential to erode or spread when stockpiled, the waste shall be stored in either a container or a building or stockpiled and contained in a manner so as to prevent spread of the waste such as by placement of barriers on 3 sides.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2104.05); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 405 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 405.01 Applicability {#sec-env-sw-405.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 405.01}

(a) The operating requirements in this part shall apply to all C/S/T facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 408;

(2) Permit-by-notification facilities with an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.03(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The operating requirements in this part shall apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for all facilities having an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2105.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 405.02 Collection and Storage Requirements {#sec-env-sw-405.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 405.02}

(a) A C/S/T facility shall not collect a waste for which it has no provisions for storage or for which available storage provisions are not protective of the environment, public health and safety.

(b) A C/S/T facility shall not receive any waste for which it has no arrangements for removal to an authorized facility.

(c) Waste shall be handled and stored only in areas that are designed and operated in conformance with Env-Sw 404.04 and Env-Sw 404.05.

(d) Materials destined for recycling shall be collected and stored in a manner as to preserve the market value of the material.

(e) Stockpiles of metal shall be maintained free of plastic, wood, and other non-metal debris.

(f) White goods potentially containing polychlorinated biphenols (PCBs) shall be stored separately in an accessible location and in such a manner as to allow qualified personnel to examine each article and remove any PCB-containing components in accordance with applicable regulations.

(g) White goods potentially containing chlorinated fluorocarbons (CFCs) and other refrigerants shall be stored in an accessible location and in such a manner as to allow qualified personnel to readily examine each article and extract any refrigerants present in accordance with applicable regulations.

(h) If the facility manages a waste identified in Env-Sw 900, the facility shall collect and store the waste in accordance with the applicable collection, storage, and transfer requirements specified in Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2105.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 405.03 Waste Transfer Requirements {#sec-env-sw-405.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 405.03}

(a) All solid waste received by a C/S/T facility shall be actively managed.

(b) All solid waste leaving a C/S/T facility shall be transferred to an authorized facility.

(c) A waste shall not be stored at a C/S/T facility for a period of time which results in a condition adversely affecting the environment, public health, or safety, including conditions that attract insects and vectors, generate odors, decomposition gasses, or leachate, or have the potential to cause fire or explosion.

(d) Subject to (c) above, putrescible waste shall be removed from the facility and transferred to an authorized disposal facility within one week of its receipt by the facility, unless otherwise specified in the C/S/T facility’s operating plan.

(e) If the facility manages a waste identified in Env-Sw 900, the facility shall remove the waste in accordance with the applicable collection, storage, and transfer requirements specified in Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2105.03); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 405.04 Public Benefit Requirements {#sec-env-sw-405.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 405.04}

As a means for demonstrating that the facility meets the requirements for providing a substantial public benefit as specified in Env-Sw 1005, the operation of a C/S/T facility shall be deemed to provide a substantial public benefit without further demonstration when facility operations satisfy the following operating conditions:

(a) Irrespective of the source of the waste, the total quantity of waste transferred by the facility on an annual basis to New Hampshire landfills and New Hampshire incinerators shall not exceed the total quantity of waste received by the facility from New Hampshire generators, figured in tons;

(b) The facility shall operate, or be part of an integrated system which operates, in a manner which:

(1) Separates and diverts recyclable materials to authorized facilities for reuse; and

(2) Avoids disposal of recyclable materials in a landfill; and

(c) During each calendar year that the facility receives waste, the permittee shall communicate with the host solid waste management district as specified in Env-Sw 1105.12.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2105.04); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 406 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 406.01 Applicability {#sec-env-sw-406.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 406.01}

(a) The closure requirements in this part shall apply to all C/S/T facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 408;

(2) Permit-by-notification facilities with an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.03(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The closure requirements in this part shall apply as the complement of the closure requirements in Env-Sw 1006 for all facilities, Env-Sw 1106 for facilities having an active life longer than 90 days, Env-Sw 1205 for permit-by-notification facilities, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2106.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 406.02 Removal of Processed Recyclable Materials {#sec-env-sw-406.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 406.02}

To comply with Env-Sw 1106.02(e), all processed recyclable materials shall be removed to an authorized facility and not remain at the closing facility under any claim of a permit exemption pursuant to Env-Sw 302.03.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2106.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

Part Env-Sw 407 Permit-by-Notification Facilities

N.H. Code Admin. R. Ann. Env-Sw 407.01 Purpose {#sec-env-sw-407.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.01}

The purpose of the rules in this part is to identify types of C/S/T facilities eligible for a permit-by-notification pursuant to Env-Sw 311.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2107.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.02 Limited Public Transfer Stations {#sec-env-sw-407.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.02}

A C/S/T facility shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that the facility meets each of the following requirements:

(a) The facility shall be a limited public facility;

(b) The facility shall comply with the requirements of Env-Sw 1200;

(c) The facility shall receive the following types of waste only:

(1) Mixed municipal solid waste comprised principally of mixed refuse;

(2) Source separated select recyclable materials;

(3) Bulky waste, including white goods, furniture, and stumps;

(4) Construction and demolition debris;

(5) Tires;

(6) Wood ash from household stoves;

(7) Source separated food waste;

(8) Household infectious waste as defined in Env-Sw 103; and

(9) Used cooking oil and latex paint collected for recycling;

(d) The capacity of the facility shall be restricted as follows:

(1) The facility shall receive no more than 30 tons of waste per day on average:

a. Annually, for facilities operating longer than one year; and

b. Over the life expectancy of the facility, for facilities operating less than one year;

(2) The facility shall store no more than 14 times the maximum quantity of waste the facility shall be authorized in the permit to receive on average daily;

(3) The storage limit specified by (2) above shall not include storage of processed select recyclable materials, provided that:

a. The materials are fully processed as specified by Env-Sw 104.12;

b. The materials are actively managed by the facility; and

c. Storage of the materials complies with the universal facility requirements in Env-Sw 1000 and, at facilities having an active life of longer than 90 days, the additional facility requirements in Env-Sw 1100; and

(4) The facility shall have capacity for not more than 550 gallons, combined, of used cooking oil and latex paint collected for recycling;

(e) A limited public facility operating under a permit-by-notification in accordance with this part may compost and manage source separated food waste if the limited public facility:

(1) Complies with the requirements of Env-Sw 607.02;

(2) Provides notice to the department prior to composting and managing source separated food waste; and

(3) Has an operating plan that includes provisions for composting and managing source separated food waste;

(f) Select recyclable material processing activities conducted at the facility shall be limited to sorting, cutting, crushing, or baling, or a combination thereof; and

(g) The facility may accept select recyclable materials from other permitted limited public transfer stations that elect to use the facility as a collection center for the consolidation of loads for economic transfer to markets.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2107.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.03 Collection Centers for Select Recyclable Materials {#sec-env-sw-407.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.03}

Facilities that collect and temporarily store select recyclable materials and transfer said materials to authorized facilities or markets for recycling, shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that:

(a) Select recyclable materials are the only type of solid waste received by the facility;

(b) The select recyclable materials have been source separated before delivery to the facility;

(c) The select recyclable materials are actively managed;

(d) The facility complies with Env-Sw 1200, except that employer-provided training that meets the purposes stated in Env-Sw 1601.01 may be substituted for the operator certification requirements specified in Env-Sw 1202.05(d); and

(e) Select recyclable material processing activities conducted at the facility shall be limited to incidental sorting and separation of recyclable materials to ensure market quality and baling or otherwise physically processing and packaging recyclable materials in a manner satisfying the specifications for transportation and acceptance by a market.

History

• #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2107.03); ss by #10596, eff 7-1-14; amd by #12045, eff 11-18-16; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.04 Scrap Metal Collection and Recycling Centers {#sec-env-sw-407.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.04}

Facilities that only collect and temporarily store ferrous or non-ferrous scrap metal, or a combination thereof, and that transfer said scrap metal to authorized facilities or markets for recycling, shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that:

(a) The facility does not receive any:

(1) Parts of a motor vehicle that contain or have contained fluids or lubricants, excluding lead acid batteries;

(2) Waste listed in Env-Sw 900, including asbestos, ash, contaminated soils, and other absorbent media, infectious waste, and tires; and

(3) Free-draining oil or lubricants, including cutting oils mixed with or coating metal shavings;

(b) The scrap metal goods, as received by the facility, are not mixed with other types of waste, including municipal solid waste, and construction and demolition debris;

(c) The permittee identifies whether the scrap metal goods include any of the following substances or devices, and subsequently assures that such substances, if present, are managed in accordance with applicable state and federal rules and regulations, either at the facility or by transfer to another facility that provides such proper management:

(1) CFCs;

(2) PCBs;

(3) Mercury-containing switches and other devices;

(4) Batteries; and

(5) Other regulated substances, materials, and wastes;

(d) All tanks, drums, and other containers received by the facility have been emptied and cleaned of residues in accordance with applicable state and federal rules and regulations;

(e) The scrap metal processing activities conducted at the facility are limited to sorting, cutting, crushing, baling, or smelting, or a combination thereof, provided the latter is done in units not requiring a permit under Env-A 600;

(f) The scrap metal is actively managed;

(g) All residual waste at the facility is:

(1) Directly attributable to the allowable scrap metal processing activities;

(2) Segregated from the recyclable scrap metal and stored in accordance with Env-Sw 405;

(3) Actively managed; and

(4) Not accumulated in excess of 30 cubic yards, unless the permittee establishes and maintains an approved financial assurance plan pursuant to Env-Sw 1400 to guarantee the cost of disposing of the residual waste; and

(h) All other applicable permit-by-notification facility requirements are met as specified in Env-Sw 1200.

History

• #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2107.04); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.05 Truck Transfer Stations {#sec-env-sw-407.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.05}

Waste collection and transfer operations that are carried out by temporarily parking a truck or other motor vehicle at a site where persons then deliver waste from off-site locations, shall be eligible for a permit-by-notification, valid for an individual operating site only, provided that:

(a) All waste collected by the facility is placed directly into a motor vehicle that:

(1) Is registered and insured by the permittee for legal use on public roads;

(2) Bears a current state inspection sticker;

(3) Is labeled in accordance with RSA 149-M:10, II;

(4) Displays the required permit;

(5) Displays a list of authorized and prohibited wastes, consistent with (d) and (e) below;

(6) Is equipped with a spill response kit;

(7) Is equipped with an emergency communication system; and

(8) Fully encloses the collected waste;

(b) The land owner has granted the permittee written permission to so use the land;

(c) The site is operated one day per week only, during daylight hours only;

(d) Subject to (e) below, the facility receives only mixed municipal solid waste or source-separated recyclable materials or a combination thereof;

(e) The facility does not receive:

(1) Any waste listed in Env-Sw 1204.03;

(2) Ash;

(3) Liquid waste; or

(4) White goods;

(f) The waste is not stored at the collection site overnight; and

(g) All other applicable permit-by-notification facility requirements are met, as specified in Env-Sw 1200.

History

• #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2107.05); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.06 Asbestos Waste Holding Facility for Abatement Entities and Asbestos Disposal Site Contractors {#sec-env-sw-407.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.06}

Asbestos abatement entities and asbestos disposal site (ADS) contractors holding a current license in good standing issued pursuant to Env-A 1810 or Env-A 1811 shall be eligible for a permit-by-notification, pursuant to Env-Sw 311, to establish and operate a facility for receiving and storing asbestos waste, subject to the following requirements:

(a) The facility shall operate as a limited private facility, and shall only be authorized to receive and store asbestos waste generated from the permittee’s contracted asbestos abatement or ADS projects;

(b) All persons handling, receiving, or managing asbestos waste at a facility, and all persons transporting asbestos waste to a facility shall be employed or contracted by the permittee to handle or manage the asbestos waste under the permittee’s asbestos abatement entity or ADS contractor license issued pursuant to Env-A 1810 or Env-A 1811, and shall be either:

(1) A certified asbestos supervisor pursuant to Env-A 1810.14;

(2) A certified asbestos worker pursuant to Env-A 1810.15; or

(3) A certified asbestos disposal site worker pursuant to Env-A 1812;

(c) All asbestos waste brought to and accepted by the facility shall be properly packaged, labeled, and accompanied by shipping papers as specified in Env-Sw 901.06;

(d) Asbestos waste shall not be repackaged at the facility, unless the original packaging is damaged unintentionally, and repackaging is necessary to prevent a release of the asbestos or meet DOT shipping requirements;

(e) The facility shall comply with the collection, storage, and transfer requirements specified in Env-Sw 901.02;

(f) The facility shall comply with the transportation, packaging, and labeling requirements specified in Env-Sw 901.06;

(g) Upon receipt by the facility, the asbestos waste shall be stored in a transport container having a maximum capacity of 100 cubic yards;

(h) The transport container described in (g) above shall be fully enclosed and locked at all times when waste is not being transferred into or out of the container;

(i) The total amount of asbestos waste stored at the facility at any time shall not be greater than 100 cubic yards;

(j) Asbestos waste shall be actively managed at the facility; and

(k) The permittee shall comply with Env-Sw 901.07, Env-Sw 1105, and Env-Sw 1200, except that:

(1) Asbestos abatement and ADS worker certification under RSA 141-E and Env-A 1800 shall be substituted for the operator certification requirements specified in Env-Sw 1202.05(d); and

(2) The setback requirements specified in Env-Sw 1203.01(b) shall not apply.

History

• #10596, eff 7-1-14; amd by #12045, eff 11-18-16; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 407.07 Collection Center for Non-Select Recyclable Materials {#sec-env-sw-407.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 407.07}

Facilities that collect and temporarily store non-select recyclable materials and transfer said materials to authorized facilities or markets for recycling, shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that:

(a) Non-select recyclable materials are the only type of solid waste received by the facility;

(b) The non-select recyclable materials have been source separated before delivery to the facility;

(c) The non-select recyclable materials are actively managed;

(d) The facility complies with Env-Sw 1200;

(e) Non-select recyclable material processing activities conducted at the facility are limited to incidental sorting and separation of recyclable materials to ensure market quality, and baling or otherwise physically processing and packaging recyclable materials in a manner satisfying the specifications for transportation and acceptance by a market; and

(f) The total amount of non-select recyclables stored at the facility at any time shall not be greater than 500 cubic yards or, if it is a liquid waste, 200 gallons.

History

• #14093, eff 10-4-24

Part Env-Sw 408 Permit-Exempt Facilities

N.H. Code Admin. R. Ann. Env-Sw 408.01 Purpose {#sec-env-sw-408.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.01}

The purpose of the rules in this part is to identify C/S/T facilities which are permit-exempt, pursuant to Env-Sw 302.03(b)(1).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.01); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.02 General Conditions for Exemption {#sec-env-sw-408.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.02}

(a) The C/S/T facilities described in this part shall be exempt from obtaining a permit, subject to the following conditions:

(1) The facility shall comply with:

a. The universal facility requirements in Env-Sw 1000; and

b. The waste specific requirements in Env-Sw 900, as applicable based on the type of waste managed by the facility; and

(2) All waste managed at the facility shall be actively managed.

(b) A permit exemption shall not affect a person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals, or to comply with all other applicable federal, state, district or local permits, ordinances, laws, or approvals or conditions pertaining to the permit-exempt activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.02); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.03 Site of Generation C/S/T Facilities {#sec-env-sw-408.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.03}

Subject to Env-Sw 408.02, no permit shall be required to temporarily store a waste at the site of generation pending its transfer to an authorized facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400) ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.03); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.04 C/S/T Facilities for Processed Select Recyclable Materials {#sec-env-sw-408.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.04}

Subject to Env-Sw 408.02, no permit shall be required to collect, store, and transfer to markets for the production of certified waste-derived products, processed select recyclable materials.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.04); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.05 C/S/T Facilities for Unprocessed Select Recyclable Materials {#sec-env-sw-408.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.05}

Subject to Env-Sw 408.02, no permit shall be required to collect, store, and transfer unprocessed select recyclable materials from off-site locations provided that:

(a) Only source separated recyclable materials shall be collected;

(b) The recyclable materials shall be collected and stored in containers as specified by (c) below;

(c) The containers shall be:

(1) Covered; and

(2) Labeled to identify ownership and authorized use(s);

(d) No more than 100 cubic yards of recyclable materials shall be stored at the facility; and

(e) The facility shall be operated by:

(1) A person who owns an authorized facility that shall receive the recyclable materials for processing or reuse, or both;

(2) A commercial waste hauler holding a written agreement from an authorized facility that shall receive the recyclable materials for processing or reuse, or both; or

(3) A person in responsible charge of a fund drive or similar event sponsored by a community, government or civic non-profit organization.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.05); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.06 Waste In-Transit Storage Areas {#sec-env-sw-408.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.06}

Subject to Env-Sw 408.02, no permit shall be required to temporarily store waste while in transit to an authorized facility, provided that:

(a) The waste shall arrive at the storage facility in any of the following covered container(s):

(1) A waste collection vehicle;

(2) A waste collection trailer, whether disconnected or not from the power unit; or

(3) A roll-off container;

(b) No waste shall be removed from or added to the container(s) while at the storage facility;

(c) Not more than 300 cubic yards of waste shall be stored at the storage facility;

(d) The waste shall be stored no longer than 5 days from date of receipt; and

(e) The waste shall not be stored in a manner or for a time period which has the potential to result in conditions adversely affecting the environment, public health or safety, including conditions that attract insects or vectors, generate odors or leachate, or have the potential to cause fire or explosion.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.06); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.07 Roadside Clean-up Staging Areas {#sec-env-sw-408.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.07}

Subject to Env-Sw 408.02, no permit shall be required to temporarily store waste collected from highway rights-of-way pending transfer to an authorized facility provided that:

(a) The facility shall be on property controlled by a state or local highway agency controlling the right-of-way;

(b) The facility shall be operated by the same state or local highway agency;

(c) The waste shall not be stored in a manner or for a period of time which has the potential to result in conditions adversely affecting the environment, public health or safety, including conditions that attract insects or vectors, generate odors or leachate, or have the potential to cause fire or explosion; and

(d) The facility shall have a written plan for the removal of the waste.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 400); ss by #8459, eff 10-28-05 (formerly Env-Wm 2108.07); ss by #10596, eff 7-1-14; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.08 Food Waste-Drop-Off Facilities {#sec-env-sw-408.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.08}

Subject to Env-Sw 408.02, no permit shall be required for collection, storage, and transfer of source-separated food waste, provided that:

(a) The facility stores no more than one cubic yard, or 200 gallons, at any time;

(b) Food waste is stored in closed containers designed to prevent the dispersal of odors, release of leachate, and attraction of birds, insects, rodents, and other vectors;

(c) Waste collection and storage areas are inspected at least once daily during the facility’s routine operating hours;

(d) Food waste is stored no longer than 7 days from date of receipt; and

(e) Food waste is transferred to an authorized facility for processing or disposal.

History

• #13358, eff 4-1-22; ss by #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.09 Contractor Waste Consolidation Facility {#sec-env-sw-408.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.09}

Subject to Env-Sw 408.02, no permit shall be required to consolidate solid waste from a contractor’s job sites at a central location under the direct control and supervision of the contractor, provided that:

(a) The types of waste received are limited to:

(1) Mixed municipal solid waste comprised principally of mixed refuse;

(2) Select recyclable materials;

(3) Bulky waste, including white goods, furniture, and stumps; and

(4) Construction and demolition debris;

(b) The wastes shall be collected and stored in covered containers or under cover;

(c) Containers and storage areas shall have signage to identify ownership and authorized waste type(s);

(d) The total quantity of waste stored at the facility shall not exceed 100 cubic yards;

(e) The waste shall not be sorted or otherwise processed at the facility; and

(f) The waste shall not be stored in a manner or for a period of time which has the potential to result in conditions adversely affecting the environment, public health or safety, including conditions that attract insects or vectors, generate odors or leachate, or have the potential to cause fire or explosion.

History

• #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.10 Infectious Waste C/S/T for Health Care and Veterinary Facilities {#sec-env-sw-408.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.10}

Subject to Env-Sw 408.02, no permit shall be required for collection, storage, and transfer of infectious waste provided that:

(a) The facility shall be located at, and owned and operated by, a health care facility licensed pursuant to RSA 151, or be a facility under the direct control and supervision of a veterinarian licensed pursuant to RSA 332-B;

(b) The facility shall be a limited, service area facility permitted to receive waste from the following sources only:

(1) The health care or veterinary facility itself;

(2) Affiliated health care or veterinary facilities;

(3) Non-profit organizations that provide healthcare and veterinary services within the community served by the health care or veterinary facility; and

(4) Households within the community served by the health care or veterinary facility;

(c) The facility shall comply with the requirements of Env-Sw 904 for the management of infectious waste; and

(d) The facility shall have assured access to an authorized waste management facility for the transfer of infectious waste.

History

• #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.11 Needle Collection {#sec-env-sw-408.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.11}

Subject to Env-Sw 408.02, no permit shall be required for collection, storage, and transfer of needles and other sharps provided that:

(a) The facility shall only receive needles and sharps;

(b) Needles and sharps delivered to the facility shall be:

(1) Deposited directly into a U.S. Food & Drug Administration (FDA)-cleared sharps disposal container by the generator; or

(2) Pre-packaged in a container that is:

a. Made of a heavy-duty plastic;

b. Securely closed with a tight-fitting, puncture resistant lid;

c. Leak-resistant; and

d. Labeled “biohazard,” “infectious waste,” “not for recycling,” or similar;

(c) The total quantity of waste stored at the facility shall not exceed 20 gallons;

(d) The waste shall not be sorted or otherwise processed at the facility;

(e) The facility shall comply with the requirements of Env-Sw 904.02, and Env-Sw 904.06, for the management of infectious waste; and

(f) The facility shall have assured access to an authorized waste management facility for the transfer of packaged needles and sharps.

History

• #14093, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Sw 408.12 Drug Takeback Program {#sec-env-sw-408.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 408.12}

Subject to RSA 318-E and Jus 1600, no permit shall be required for the collection, storage, and transfer to an authorized disposal facility of pharmaceutical drugs as defined in RSA 318-E:1.

Appendix

Rule Sections

Statute(s) Being Implemented

Env-Sw 400

RSA 149-M:6, III; RSA 149-M:7, II, III, V, VIII, XIV; RSA 149-M:9

Env-Sw 407.03(d), 407.06(k)

RSA 149-M:6, III; RSA 149-M:9, I

Env-Sw 408.08

RSA 149-M:6, III; RSA 149-M:7, II, III, V, VIII, XIV, XV; RSA 149-M:9

Env-Sw 408.09 through Env-Sw 408.12

RSA 149-M:6, XIV; RSA 149-M:7, XVI; RSA 149-M:9

Edit. Insert comma.

| Edit. Insert comma. | | --- |

History

• #14093, eff 10-4-24

Chapter Env-Sw 500 Processing/Treatment Facility Requirements

Part Env-Sw 501 Applicability

N.H. Code Admin. R. Ann. Env-Sw 501.01 Applicability {#sec-env-sw-501.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 501.01}

The rules in this chapter shall apply to processing/treatment (P/T) facilities, including:

(a) Composting facilities also subject to Env-Sw 600; and

(b) Incinerators also subject to Env-Sw 700.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2201.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 502 Permitting Requirements

N.H. Code Admin. R. Ann. Env-Sw 502.01 Permit Required {#sec-env-sw-502.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 502.01}

(a) A permit issued pursuant to the solid waste rules shall be required for construction, operation and closure of a P/T facility, unless exempt pursuant to Env-Sw 302.03, Env-Sw 508, Env-Sw 608 or Env-Sw 708.

(b) The type of permit required shall be as specified in Env-Sw 302.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2202.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 502.02 Permit Application Requirements {#sec-env-sw-502.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 502.02}

The applicant for a P/T facility permit shall prepare the application in accordance with the following:

(a) Env-Sw 314 for a standard permit;

(b) Env-Sw 313 for an emergency permit;

(c) Env-Sw 312 for a research and development permit; and

(d) Env-Sw 311 for a permit-by-notification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2202.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 503 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 503.01 Applicability {#sec-env-sw-503.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 503.01}

(a) The siting requirements in this part shall apply to all P/T facilities, except:

(1) Facilities that hold a permit issued under RSA 149-M prior to the 2005 readoption of the solid waste rules;

(2) Permit-exempt facilities identified in Env-Sw 302.03, Env-Sw 508, Env-Sw 608, or Env-Sw 708;

(3) Permit-by-notification facilities having an active life of 90 days or less;

(4) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The siting requirements in this part shall apply as the complement of siting requirements in Env-Sw 1003 for all facilities, Env-Sw 1102 for facilities having an active life longer than 90 days, and Env-Sw 1203 for permit-by-notification facilities.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by 8459, eff 10-28-05 (formerly Env-Wm 2203.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 503.02 Setback Requirements {#sec-env-sw-503.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 503.02}

(a) A P/T facility shall be sited no less than 50 feet from the footprint of any landfill not yet capped, except a lesser distance shall be permitted if the department determines based on information provided in the permit application and in an approved closure plan for the landfill that the lesser distance shall not prohibit compliance with Env-Sw 1003.01.

(b) A P/T facility shall be sited no less than 50 feet from any property line.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2203.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 504 Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 504.01 Applicability {#sec-env-sw-504.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 504.01}

(a) The design requirements in this part shall apply to all P/T facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03, Env-Sw 508, Env-Sw 608, or Env-Sw 708;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The design requirements in this part shall apply as the complement of the design requirements in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 504.02 General Design Requirements {#sec-env-sw-504.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 504.02}

A P/T facility shall be designed to operate in conformance with Env-Sw 505.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 504.03 Design Features and Appurtenances {#sec-env-sw-504.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 504.03}

The design of a P/T facility shall include each of the following features and appurtenances:

(a) The same design features and appurtenances as specified for a C/S/T facility in Env-Sw 404.03, including storage areas and devices conforming to the requirements in Env-Sw 404.04 and Env-Sw 404.05 for all processed or treated waste and related materials stored at the facility;

(b) Design features and appurtenances required to comply with Env-Sw 600, if facility operations involve composting methods;

(c) Design features and appurtenances required to comply with Env-Sw 700, if facility operations involve thermal combustion methods;

(d) Design features and appurtenances required to comply with Env-Sw 808, if facility operations involve landfill reclamation, or other landfilled waste recovery activities; and

(e) Design features and appurtenances required to comply with Env-Sw 900 as applicable to the type of waste(s) managed at the facility.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.03); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 504.04 Handling and Storage Areas for Waste and Materials {#sec-env-sw-504.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 504.04}

Areas used to handle and store each of the following waste groups and materials shall be designed in conformance with the requirements of Env-Sw 404.04 and Env-Sw 404.05:

(a) Incoming waste;

(b) Residual and bypass waste resulting from the operation of the facility;

(c) Waste-derived products produced by the facility; and

(d) Materials used by the facility to process or treat waste.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2204.04); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 505 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 505.01 Applicability {#sec-env-sw-505.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.01}

(a) The operating requirements in this part shall apply to all P/T facilities, except:

(1) Permit-exempt facilities, as identified in Env-Sw 302.03, Env-Sw 508, Env-Sw 608, and Env-Sw 708;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The operating requirements in this part shall apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for facilities with an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.02 General Operating Objectives {#sec-env-sw-505.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.02}

(a) Processing or treatment methods shall achieve one or both of the following results:

(1) Reduce, eliminate, or change an undesirable characteristic of a waste and thereby render the waste more suitable for final disposal or further management at permitted facilities; or

(2) Produce a certified waste-derived product.

(b) Processing and treatment practices, by-products, and end-products shall not pose a greater adverse impact to the environment, public health or safety than the impact posed by not changing the characteristics of the waste.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.03 Collection and Storage of Incoming Waste {#sec-env-sw-505.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.03}

(a) Incoming waste shall be actively managed.

(b) Incoming waste shall be collected and, pending processing or treatment, shall be stored in conformance with the requirements of Env-Sw 405.

(c) Waste shall not be stored at a P/T facility without processing or treatment for a period of time which:

(1) Results in conditions adversely affecting the environment, public health or safety, including conditions that attract insects and vectors, generate odors or leachate, or have the potential to cause fire or explosion; or

(2) Exceeds the storage life of a waste destined for reuse such that a characteristic of the waste changes in a manner or to a degree that renders the waste non-reusable by the facility.

(d) An incoming waste identified in Env-Sw 900 shall be collected and stored in accordance with the applicable collection and storage requirements specified in Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.03); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.04 Management of Bypass and Residual Waste {#sec-env-sw-505.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.04}

(a) Bypass and residual waste shall be stored and transferred in conformance with the requirements of Env-Sw 405.

(b) Bypass and residual waste shall be managed in accordance with Env-Sw 1105.10.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.04); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.05 Processing and Treatment Requirements {#sec-env-sw-505.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.05}

(a) If the facility processes or treats a waste identified in Env-Sw 900, the facility shall process or treat the waste in accordance with the applicable requirements in Env-Sw 900.

(b) If facility operations involve solid waste composting methods, the operating requirements of Env-Sw 605 shall be met.

(c) If facility operations involve thermal combustion methods, the operating requirements of Env-Sw 705 shall be met.

(d) If facility operations involve landfill reclamation, the requirements of Env-Sw 808 shall be met.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.05); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.06 Management of Processed and Treated Waste {#sec-env-sw-505.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.06}

(a) All processed or treated waste, including waste-derived products, shall be managed in a manner that meets the universal environmental performance requirements in Env-Sw 1002 and all other applicable local, state, and federal requirements.

(b) All processed or treated waste shall be stored and transferred in accordance with Env-Sw 405.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.06); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.07 Management of Waste-Derived Products {#sec-env-sw-505.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.07}

(a) The waste-derived products produced by a P/T facility shall not be distributed and used except in accordance with certification granted pursuant to Env-Sw 1500.

(b) Quality assurance or quality control procedures shall be implemented to assure that the quality of all waste-derived products distributed by the facility meet a specification identified in the permit based on certification pursuant to Env-Sw 1500.

(c) A waste-derived product that does not meet a required specification shall be deemed to be an off-specification material, fully subject to regulation by the solid waste rules as a waste.

(d) Off-specification materials shall be managed in the same manner as:

(1) An incoming waste as prescribed by Env-Sw 505.03, if the waste will be reprocessed or retreated by the facility; or

(2) A residual or bypass waste as prescribed by Env-Sw 505.04, if the waste will not be reprocessed or retreated by the facility.

(e) When an off-specification material is produced by a P/T facility, the permittee shall:

(1) Determine the likely cause and take appropriate steps to correct and avoid a recurrence of the problem;

(2) If the problem is determined to be operational, make the appropriate processing or treatment adjustments to correct the problem before reprocessing or retreating the off-specification material; and

(3) If the problem is due to characteristics of the waste feedstock that cannot be remedied by operational adjustments, manage the off-specification material and all unprocessed and untreated waste of similar characteristics as bypass waste pursuant to Env-Sw 505.04.

(f) A P/T facility that produces waste-derived products for land application shall maintain records to identify the locations to which or persons to whom the materials are transferred.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.07); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 505.08 Public Benefit {#sec-env-sw-505.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 505.08}

In addition to the provisions for providing a substantial public benefit specified in Env-Sw 1005, the operation of a P/T facility shall be deemed to provide a substantial public benefit when facility operations satisfy the same operating conditions as specified in Env-Sw 405.04(a) through (c).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500) ss by #8459, eff 10-28-05 (formerly Env-Wm 2205.08); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 506 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 506.01 Applicability {#sec-env-sw-506.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 506.01}

(a) The closure requirements in this part shall apply to all P/T facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03, Env-Sw 508, Env-Sw 608, and Env-Sw 708;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The closure requirements in this part shall apply as the complement of the closure requirements in Env-Sw 1006 for all facilities, Env-Sw 1106 for facilities having an active life longer than 90 days, Env-Sw 1205 for permit-by-notification facilities and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 506.02 Removal of Processed Recyclable Materials {#sec-env-sw-506.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 506.02}

To comply with Env-Sw 1006.02(e), all processed recyclable materials shall be removed to an authorized facility and not remain at the closing facility under any claim of a permit exemption pursuant to Env-Sw 302.03.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 506.03 Land Application of Uncertified Waste-Derived Products {#sec-env-sw-506.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 506.03}

If a P/T facility distributes an uncertified waste-derived product, including an off-specification waste-derived product, for land application in New Hampshire, the facility closure requirements shall include all activities required to properly close the affected land application site(s).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.03); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 506.04 Removal of Residual Waste {#sec-env-sw-506.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 506.04}

(a) Pursuant to Env-Sw 1006.02(b), all residual waste generated by a P/T facility, whether a solid waste or other, shall be removed from the facility in conformance with applicable law, rules, and regulations.

(b) A P/T facility having generated a residual which is a hazardous waste shall comply with all applicable facility closure provisions of the hazardous waste rules, including the hazardous waste generator requirements in Env-Hw 500.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2206.04); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 507 Permit-by-Notification Facilities

N.H. Code Admin. R. Ann. Env-Sw 507.01 Purpose {#sec-env-sw-507.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 507.01}

The purpose of the rules in this part is to identify P/T facilities eligible for a permit-by-notification pursuant to Env-Sw 311.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 507.02 Infectious Waste Treatment Facilities {#sec-env-sw-507.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 507.02}

A treatment facility for infectious waste shall be eligible for a permit-by-notification, provided that:

(a) The facility shall comply with Env-Sw 1200;

(b) The facility shall be located at and owned and operated by a health care facility licensed pursuant to RSA 151;

(c) The facility shall be a limited service area facility permitted to receive waste from the following sources only:

(1) The health care facility itself;

(2) Affiliated health care facilities; and

(3) Households within the community served by the health care facility;

(d) The facility shall be located inside a building;

(e) All wastes shall be managed by the facility in accordance with Env-Sw 904;

(f) If the facility is an incinerator, the facility shall further comply with the requirements of Env-Sw 700;

(g) The facility shall have assured access to an authorized facility for the transfer of all treated waste and residual waste generated by the facility;

(h) The facility shall have assured access to an authorized facility to which it shall divert bypass wastes; and

(i) If the facility is an incinerator, the resultant ash residue shall be managed in accordance with Env-Sw 902.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 507.03 Processing/Treatment Facility Requirements {#sec-env-sw-507.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 507.03}

RESERVED

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.03)

N.H. Code Admin. R. Ann. Env-Sw 507.04 P/T Facilities Producing Certified Waste-Derived Products {#sec-env-sw-507.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 507.04}

A P/T facility that collects and uses a recyclable material to produce a waste-derived product certified pursuant to Env-Sw 1500 shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that:

(a) The facility shall comply with Env-Sw 1200;

(b) The only waste received by the facility shall be the recyclable material;

(c) The facility shall not be a permit-exempt facility pursuant to Env-Sw 302.03 or Env-Sw 508, specifically including Env-Sw 508.06 and Env-Sw 508.07;

(d) The facility shall identify and describe in the permit-by-notification application form specified in Env-Sw 311.03:

(1) The type of recyclable material to be used;

(2) The delivery and receipt specifications for the recyclable material;

(3) The type of certified waste-derived product produced by the facility from the recyclable material, including the applicable product specifications pursuant to Env-Sw 1500; and

(4) The process used to produce the certified waste-derived product, including the quality assurance or quality control procedures employed;

(e) The facility shall operate in conformance with Env-Sw 505, regardless of the duration of facility operations;

(f) The total quantity of recyclable material stored at the facility as feedstock for the production of the certified waste-derived product shall not exceed:

(1) For select recyclables, 5,000 cubic yards;

(2) For non-select recyclables, 2,500 cubic yards; and

(3) For liquids, 500 gallons;

(g) The stored quantity of residual and bypass waste combined shall not exceed 50 cubic yards or, if the waste is a liquid, 55 gallons; and

(h) The facility shall not process or treat waste, including recyclable materials, by combustion methods.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2207.04); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Part Env-Sw 508 Permit-Exempt Facilities

N.H. Code Admin. R. Ann. Env-Sw 508.01 Purpose {#sec-env-sw-508.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.01}

The purpose of the rules in this part is to identify P/T facilities which are permit-exempt, pursuant to Env-Sw 302.03(b)(2).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.01); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.02 General Conditions for Exemption {#sec-env-sw-508.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.02}

(a) The P/T facilities described in this part shall be exempt from obtaining a permit, subject to the following conditions:

(1) The facility shall comply with:

a. The universal facility requirements in Env-Sw 1000; and

b. The waste specific requirements in Env-Sw 900, as applicable based on the type of waste managed by the facility; and

(2) All waste managed at the facility shall be actively managed.

(b) A permit exemption shall not affect a person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals, or to comply with all other applicable federal, state, district, or local permits, ordinances, laws, or approvals, or conditions pertaining to the permit-exempt activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.02); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.03 Generator P/T Facilities {#sec-env-sw-508.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.03}

Subject to Env-Sw 508.02, no permit shall be required to process or treat a waste at its site of generation provided that:

(a) The waste generator shall own and operate the subject P/T facility;

(b) The subject P/T facility shall not receive, process, or treat waste generated at any location other than the property where the facility is located;

(c) The subject P/T facility shall not process or treat waste by combustion methods; and

(d) The subject P/T facility shall not manage infectious waste, except in accordance with Env-Sw 508.04.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.03); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.04 Infectious Waste Bench Top Facilities {#sec-env-sw-508.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.04}

Subject to Env-Sw 508.02, no permit shall be required to treat infectious waste provided that:

(a) The subject treatment facility shall be located at, and owned and operated by, a health care facility licensed pursuant to RSA 151, or a facility under the direct control and supervision of a veterinarian licensed pursuant to RSA 332-B;

(b) The subject treatment facility shall be a limited service area facility permitted to receive waste from the following sources only:

(1) The health care or veterinary facility itself;

(2) Affiliated health care or veterinary facilities; and

(3) Households within the community served by the health care or veterinary facility;

(c) The waste treatment equipment shall be limited to a bench-top unit with a through-put rate of less than 30 pounds per hour or, if the unit is an autoclave, the chamber capacity shall be less than one cubic yard;

(d) The subject treatment facility shall be located inside a building;

(e) All infectious waste shall be managed by the subject treatment facility in accordance with Env-Sw 904;

(f) The subject treatment facility shall have assured access to a permitted waste management facility for the transfer of all treated waste and residual waste to be generated by the facility;

(g) The subject treatment facility shall have assured access to an authorized facility to which it will divert bypass wastes; and

(h) If the subject treatment facility is an incinerator, the resultant ash residue shall be managed in accordance with Env-Sw 902.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.04); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.05 Burn Piles {#sec-env-sw-508.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.05}

Subject to Env-Sw 508.02, no solid waste facility permit shall be required to open burn piles of brush, slash, and untreated wood provided that:

(a) The facility shall conform to all requirements of Env-A 1000;

(b) The waste stockpile(s) shall conform to the requirements of Env-Sw 404.05; and

(c) The ash residue shall be actively managed in accordance with Env-Sw 902.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.05); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.06 P/T Facilities Using Processed Select Recyclable Materials {#sec-env-sw-508.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.06}

Subject to Env-Sw 508.02, no permit shall be required to collect, store, and use a processed select recyclable material to produce any certified waste-derived product.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.06); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.07 P/T Facilities Using Processed Non-Select Recyclable Materials {#sec-env-sw-508.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.07}

Subject to Env-Sw 508.02, no permit shall be required to collect, store, and use a processed non-select recyclable material to produce a certified waste-derived product of a type specified in Env-Sw 1503.04, Env-Sw 1503.05, or Env-Sw 1503.07.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2208.07); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

N.H. Code Admin. R. Ann. Env-Sw 508.08 Certified Testing Laboratories {#sec-env-sw-508.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 508.08}

Subject to Env-Sw 508.02, no permit shall be required to collect, store, and test samples of waste at certified laboratories, provided that:

(a) The sample size is no greater than that which is necessary to successfully complete the required test procedure(s); and

(b) All samples and residual sample materials are disposed in accordance with applicable statutes and rules, including but not necessarily limited to:

(1) RSA 149-M and the solid waste rules, if a solid waste and disposed in New Hampshire; and

(2) RSA 147-A and the hazardous waste rules, if a hazardous waste.

Appendix

Rule Sections

Statute(s) Being Implemented

Env-Sw 500

RSA 149-M:6, III; RSA 149-M:7, II, III, V, VIII, XIV; RSA 149-M:9

History

• #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 500); ss by #8459, eff 10-28-05 (formerly Env-Wm 2202.08); ss by #10596, eff 7-1-14; ss by #14025, eff 8-1-24

Chapter Env-Sw 600 Composting Facility Requirements

Part Env-Sw 601 Applicability

N.H. Code Admin. R. Ann. Env-Sw 601.01 Applicability {#sec-env-sw-601.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 601.01}

(a) The rules in this chapter shall apply to processing/treatment (P/T) facilities, as defined in Env-Sw 104, that produce compost from solid waste, hereinafter referred to as composting facilities.

(b) The requirements in this chapter shall apply as the complement of the P/T requirements in Env-Sw 500.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2301.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

Part Env-Sw 602 Permitting Requirements

N.H. Code Admin. R. Ann. Env-Sw 602.01 Permit Required {#sec-env-sw-602.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 602.01}

(a) A permit issued pursuant to the solid waste rules shall be required for construction, operation, and closure of a composting facility, unless exempt pursuant to Env-Sw 302.03 or Env-Sw 608.

(b) The type of permit required shall be as specified in Env-Sw 302.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2302.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 602.02 Permit Application Requirements {#sec-env-sw-602.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 602.02}

The applicant for a composting facility permit shall prepare the application in accordance with:

(a) Env-Sw 314 for a standard permit;

(b) Env-Sw 313 for an emergency permit;

(c) Env-Sw 312 for a research and development permit; or

(d) Env-Sw 311 for a permit-by-notification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2302.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

Part Env-Sw 603 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 603.01 Applicability {#sec-env-sw-603.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 603.01}

(a) The siting requirements in this part shall apply to all composting facilities, except:

(1) Facilities that hold a permit issued under RSA 149-M prior to the 2022 effective date of this chapter;

(2) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 608;

(3) Permit-by-notification facilities having an active life of 90 days or less;

(4) Research and development permit facilities by Env-Sw 312.02(b); and

(5) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The siting requirements in this part shall apply as the complement of siting requirements in Env-Sw 1003 for all facilities, Env-Sw 1102 for facilities having an active life longer than 90 days, Env-Sw 1203 for permit-by-notification facilities and Env-Sw 503.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2303.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 603.02 Siting Requirements {#sec-env-sw-603.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 603.02}

(a) A composting facility’s waste collection, storage, and processing areas including areas used for feedstock mixing and active composting, shall be sited in compliance with the following:

(1) At least 75 feet from a private drinking water supply well;

(2) At least 75 feet from surface waters and wetlands; and

(3) On a surface that is at least 2 feet above the seasonal high water table.

(b) A composting facility’s waste collection, storage, and processing areas, including areas used for feedstock mixing and active composting, shall be located at least 2 feet above bedrock or sand and gravel deposits, unless the facility uses an impermeable surface under such collection, storage, and processing areas.

(c) A composting facility shall not be sited within the sanitary protective area of a public water system well, as defined in Env-Dw 301.30, reprinted in Appendix C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2303.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

Part Env-Sw 604 Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 604.01 Applicability {#sec-env-sw-604.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 604.01}

(a) The design requirements in this part shall apply to all composting facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 608;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The design requirements in this part shall apply as the complement of the design requirements in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities and Env-Sw 504.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2304.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 604.02 General Design Requirements {#sec-env-sw-604.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 604.02}

A composting facility shall be designed to operate in conformance with Env-Sw 605.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2304.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 604.03 Waste Collection, Storage {#sec-env-sw-604.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 604.03}

, and Processing Area Design Requirements.

(a) Waste collection, storage, and processing areas shall be designed in conformance with Env-Sw 504.

(b) Areas used for windrows and aerated static piles shall:

(1) Conform to the same design requirements as specified for waste stockpiles in Env-Sw 404.05; and

(2) Be designed to allow access by equipment on a year-round basis, including during periods of snowmelt, spring thaw, and high precipitation.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2304.03); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22 (formerly Env-Sw 604.04)

Part Env-Sw 605 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 605.01 Applicability {#sec-env-sw-605.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.01}

(a) The operating requirements in this part shall apply to all composting facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 608;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b);

(4) Emergency permit facilities as provided by Env-Sw 313.03(b).

(b) The operating requirements in this part shall apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for facilities with an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities and Env-Sw 505.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.01); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 605.02 General Operating Requirements {#sec-env-sw-605.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.02}

(a) A composting facility shall be operated in a manner that limits the production and off-site dispersal of odors to the greatest extent practicable.

(b) All wastes received by the facility shall be inspected to identify and remove:

(1) Wastes that are not organic in nature;

(2) Wastes which are prohibited wastes as specified in (c) below; and

(3) Any other wastes having the potential to adversely affect the quality or usability of the finished compost.

(c) A composting facility authorized pursuant to this chapter shall not receive the following types of waste:

(1) Asbestos;

(2) Construction and demolition debris;

(3) Liquid wastes, unless amended with an approved bulking agent prior to composting;

(4) Infectious wastes identified in Env-Sw 904.01(a);

(5) Contaminated soils or absorbent media;

(6) Radioactive materials as defined and regulated by the New Hampshire rules for the control of radiation, He-P 2000 and He-P 4000;

(7) Ash from the combustion of municipal solid waste; and

(8) Sludge or septage as defined by RSA 485-A:2.

(d) Putrescible wastes not incorporated into an active composting process or amended with high carbon bulking agents within 2 hours of receipt shall:

(1) Be stored in a closed container designed to prevent the dispersal of odors, release of leachate and the attraction of birds, insects, rodents, and other vectors; and

(2) Not be stored at the facility longer than 7 days before being incorporated into an active composting process.

(e) Compostable feedstocks shall be combined into a homogenous mixture that will support aerobic composting conditions.

(f) During the active composting process, windrows, piles, or vessels shall be inspected, monitored, and actively managed to ensure that:

(1) Aerobic composting conditions are maintained; and

(2) The process complies with the general operating requirements in Env-Sw 1005.01.

(g) Temperature shall be monitored and recorded as follows:

(1) Temperature readings shall be recorded as specified in Env-Sw 605.03; and

(2) For each temperature monitoring event, temperature readings shall be taken and recorded as follows:

a. For a windrow or aerated static pile, in at least five evenly-spaced locations along the length of the windrow or pile;

b. For a round pile, in at least 2 locations on opposite sides of the pile; and

c. For an in-vessel system, in at least 2 evenly-spaced locations per vessel, compartment, bay, or equivalent.

(h) Prior to distribution and use, finished compost shall meet the quality requirements specified in Env-Sw 605.04, and the maturity requirements specified in Env-Sw 605.05.

(i) Testing to verify compliance with (h) above shall be conducted:

(1) At least once annually and when requested by the department pursuant to Env-Sw 2000; and

(2) On the basis of representative sampling.

(j) The following operational records, in conformance with Env-Sw 1105.06, shall be maintained and include:

(1) Source, type, quantity, and date of materials received at the facility;

(2) Date of individual windrow or pile construction and breakdown, or vessel filling and emptying;

(3) Composition of the windrow, pile, or vessel;

(4) Date and time of turning or aeration;

(5) Temperature monitoring records, including:

a. Temperature readings, including units;

b. Date and time of temperature readings;

c. Location and depth of temperature readings;

(6) Process monitoring observations, including, but not limited to:

a. Moisture content; and

b. Odor observations;

(7) Records of nuisance complaints made by abutters, or other parties, and corresponding response actions taken by the facility operators;

(8) Date on which composted material begins and finishes curing;

(9) Sampling and testing records, in accordance with Env-Sw 605.04 and Env-Sw 605.05, including;

a. Date, time, volume, method, and type of samples taken; and

b. Testing results;

(10) Quantities of finished compost produced on an annual basis;

(11) Quantities of bypass waste, as defined in Env-Sw 102, removed prior to composting; and

(12) Quantities of residual waste, as defined in Env-Sw 104, removed after composting.

History

• #5172, eff 7-1-91; amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.02); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 605.03 Pathogen Reduction Requirements. {#sec-env-sw-605.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.03}

(a) The composting process shall comply with the process to further reduce pathogens specified in 40 CFR 503, Appendix B, by using one of the following methods:

(1) Using the windrow composting method, such that:

a. The interior temperature of the windrow shall be maintained at 55⁰C (131⁰F) or higher for 15 consecutive days or longer;

b. During the period when the interior of the windrow is maintained at 55⁰C (131⁰F) or higher, there shall be a minimum of 5 turnings of the windrow; and

c. In turning the windrow, the exterior of the windrow shall be turned into the interior to assure that the entire contents of the windrow are exposed to the required temperature conditions;

(2) Using the aerated static pile composting method, the pile shall be insulated and the temperature throughout the contents of the pile shall be maintained at 55ºC (131ºF) or higher for at least 3 consecutive days; or

(3) Using the in-vessel composting method, the temperature throughout the contents of the vessel shall be maintained at 55ºC (131ºF) or higher for at least 3 consecutive days.

(b) Once the contents of a windrow, pile, or vessel have met the requirements specified in (a) above, the material shall be managed to prevent recontamination through contact with raw feedstocks, leachate, or compost that have not been subjected to a pathogen reduction process.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.03); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 605.04 Minimum Quality Requirements {#sec-env-sw-605.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.04}

Finished compost shall meet the following requirements:

(a) The presence of heavy metals shall not exceed the ceiling concentrations specified in Table 600-1:

Table 600-1: Ceiling Concentrations for Heavy Metals

Constituent

Maximum Total Concentration (mg/kg dry weight)

Arsenic

11

Cadmium

14

Chromium

1,000

Copper

1,500

Lead

300

Mercury

7

Molybdenum

35

Nickel

200

Selenium

28

Zinc

2,500

(b) The presence of salmonella sp. shall not exceed 3 most probable number (MPN) per 4 grams of total solids (dry weight basis);

(c) The presence of fecal coliform shall not exceed 1,000 MPN per gram of total solids (dry weight basis); and

(d) The presence of man-made inert matter greater than 4mm in size shall not exceed 0.25% of total solids (dry weight basis).

History

• #5172, eff 7-1-91; amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.04); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 605.05 Maturity Requirements {#sec-env-sw-605.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.05}

(a) Except as provided in (b) below, compost shall be deemed mature when the final carbon-to-nitrogen (C:N) ratio is less than 25:1 and the compost meets or exceeds a maturity threshold for at least one test from group A and one test from group B as specified in Table 600-2 below, with test methods conducted in accordance with the “Test Method for Examination of Composting and Compost (TMECC),” April 2002, published by the US Composting Council, accessed as noted in Appendix B.

(b) Compost distributed in bulk and used for agricultural crop production need not be mature as specified in (a) above, provided that the final carbon to nitrogen (C:N) ratio of the compost is less than 25:1 and the compost is otherwise suitable for the intended crop.

Table 600-2: Compost Maturity Standards

Test

Units

Maturity Threshold

Method

Group A

Specific Oxygen Uptake

mg O₂ per g organic matter per hour

≤ 1.5

TMECC 05.08-A

CO₂ Evolution

mg CO₂ per g organic matter per day

≤ 8

TMECC 05.08-B

Solvita® CO₂

Index Value

≥ 5

Manufacturer's SOP

Dewar Self Heating Test

Temp. rise (⁰C) over ambient

≤ 20

TMECC 05.08-D

Group B

Ammonium to Nitrate Ratio (NH₄-N:NO₃-N)

n/a

≤ 3

TMECC 05.02-C

Total Ammonia (NH₃-N)

ppm, dry basis

≤ 500

TMECC 04.02-C

Solvita® NH₃

Index Value

≥ 4

Manufacturer's SOP

Plant Trials

% of control

≥ 80

TMECC 05.05

History

• #5172, eff 7-1-91; amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.05); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 605.06 Off-Specification Compost {#sec-env-sw-605.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 605.06}

(a) Except as provided in (b) below, compost which does not meet the quality requirements in Env-Sw 605.04 or the maturity requirements in Env-Sw 605.05 shall be:

(1) Deemed off-specification compost not certified for distribution and use pursuant to Env-Sw 1500, and

(2) Managed by one of the following methods:

a. Reprocessed to meet the requirements of Env-Sw 605.04 and Env-Sw 605.05; or

b. Managed as residual waste in accordance with the facility’s residual waste management plan pursuant to Env-Sw 1105.11.

(b) An off-specification compost shall be certified for distribution and use as landfill cover material pursuant to Env-Sw 1500, provided that such off-specification compost meets the performance objectives specified in Env-Sw 806.03.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.06); ss by #10596, eff 7-1-14; ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22 (formerly Env-Sw 605.08)

Part Env-Sw 606 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 606.01 Applicability {#sec-env-sw-606.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 606.01}

(a) The closure requirements in this part shall apply to all composting facilities, except:

(1) Permit-exempt facilities identified in Env-Sw 302.03 and Env-Sw 608;

(2) Permit-by-notification facilities having an active life of 90 days or less;

(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(4) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The closure requirements in this part shall apply as the complement of the closure requirements in Env-Sw 1006 for all facilities, Env-Sw 1106 for facilities having an active life longer than 90 days, Env-Sw 1205 for permit-by-notification facilities, and Env-Sw 506.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2306.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 606.02 Closure Requirements {#sec-env-sw-606.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 606.02}

(a) To comply with Env-Sw 1006.02(e), all finished compost which is certified for distribution and use shall be removed to places where it shall be used accordingly or removed to an authorized facility.

(b) To comply with Env-Sw 1006.02(b), all unfinished compost shall be removed to an authorized facility to be finished or disposed.

(c) To comply with Env-Sw 1006.02(e), no waste or compost shall remain at the site following closure under a claim of permit exemption pursuant to Env-Sw 302.03 or Env-Sw 608.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2306.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

Part Env-Sw 607 Permit-by-Notification Facilities

N.H. Code Admin. R. Ann. Env-Sw 607.01 Purpose {#sec-env-sw-607.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 607.01}

The purpose of the rules in this part is to identify composting facilities eligible for a permit-by-notification pursuant to Env-Sw 311.

History

• #5172, eff 7-1-91; amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2307.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 607.02 Small Food Waste Composting Facilities {#sec-env-sw-607.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 607.02}

A facility which composts food waste shall be eligible for a permit-by-notification pursuant to Env-Sw 311, provided that the facility meets the requirements of this chapter and the following:

(a) The facility shall comply with the requirements of Env-Sw 1200 except that alternative operator training may be substituted for the operator certification requirements specified in Env-Sw 1202.05(d), provided that:

(1) Documentation verifying that each facility operator has completed alternative training is maintained in the facility’s records, and

(2) The alternative training:

a. Meets the purposes stated in Env-Sw 1601.01;

b. Provides information about the basic principles of composting and how to facilitate an aerobic composting process; and

c. Provides information about monitoring and troubleshooting the compost process to minimize nuisance conditions and adverse impacts to public health, safety and the environment;

(b) The facility receives no more than 10 tons of solid waste per day, averaged monthly;

(c) The facility composts only source-separated food waste, including meat and dairy matter, in combination with any of the following;

(1) Yard waste;

(2) Farming crop residuals;

(3) Animal manures;

(4) Compostable paper, packaging, containers, bags, and serviceware; and

(5) Approved bulking agents as defined in Env-Sw 102.

(d) To facilitate aerobic composting conditions, the facility shall combine compostable feedstocks to produce a homogenous mixture that exhibits the following initial characteristics:

(1) A carbon-to-nitrogen (C:N) ratio of at least 25:1;

(2) A moisture level between 50 and 60 percent; and

(3) A bulk density not more than 1,100 pounds per cubic yard.

(e) To limit the production and off-site dispersal of nuisance odors, the facility shall:

(1) Incorporate incoming putrescible wastes into a sorbent, high carbon bulking agent within 2 hours of receipt, or otherwise store the waste as required by Env-Sw 605.02(d);

(2) Maintain aerobic conditions throughout windrows or piles;

(3) Cover odorous piles with a layer of finished compost, or a high carbon amendment as necessary;

(4) Contain and treat emissions from active aeration systems; and

(5) Alter the compost recipe or turning procedures as needed to alleviate odor issues;

(f) Following the cessation of facility operations or any other trigger event for closure as provided in Env-Sw 1006, the permittee shall close the facility in accordance with Env-Sw 606, Env-Sw 1006, and Env-Sw 1205.

History

• #5172, eff 7-1-91; amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2307.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

Part Env-Sw 608 Permit-Exempt Facilities

N.H. Code Admin. R. Ann. Env-Sw 608.01 Purpose {#sec-env-sw-608.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 608.01}

The purpose of the rules in this part is to identify composting facilities which are permit-exempt, pursuant to Env-Sw 302.03(b)(2).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2308.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 608.02 General Conditions for Exemption {#sec-env-sw-608.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 608.02}

(a) The composting facilities described in this part shall be exempt from obtaining a permit, subject to the following conditions:

(1) The facility shall comply with the universal facility requirements in Env-Sw 1000; and

(2) All waste managed at the facility shall be actively managed.

(b) A permit exemption shall not affect a person’s obligation to obtain all requisite federal, state or local permits, licenses or approvals, or to comply with all other applicable federal, state, district or local permits, ordinances, laws or approvals or conditions pertaining to the permit-exempt activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2308.02; ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 608.03 Generator Composting Facilities {#sec-env-sw-608.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 608.03}

(a) Subject to Env-Sw 608.02, no permit shall be required to compost any combination of the following wastes and materials at the waste generation site;

(1) Yard waste or farming crop residuals;

(2) Source-separated food waste including meat and dairy matter;

(3) Compostable paper, packaging, containers, bags, and serviceware;

(4) Animal manure; or

(5) An approved bulking agent as defined in Env-Sw 102.

(b) The facilities described in (a) above shall include:

(1) Composting operations at a private home for food waste generated at the home;

(2) Composting operations at schools and other institutions, for food waste generated at the institution; and

(3) Farm based composting operations for food waste generated by the farm and farming crop residuals.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2308.03); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 608.04 Animal Carcass Composting Facilities Incidental to Livestock Operations {#sec-env-sw-608.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 608.04}

(a) Subject to Env-Sw 608.02, no permit shall be required for a farm that raises livestock to compost animal carcasses provided that:

(1) The carcasses are generated on the farm and incidental to the farm’s routine livestock operations; and

(2) The composting process and use of the finished compost shall be conducted in compliance with the livestock mortality composting best management practices established in the “Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire,” revised July 2019 published by New Hampshire Department of Agriculture, Markets, and Food, accessed as noted in Appendix B.

(b) A farm that operates a permit-exempt animal carcass composting facility as described in (a) above may annually receive and compost up to 10 cubic yards of animal carcasses generated at another farm, provided that the carcasses being received are not classified as infectious waste under Env-Sw 904.01(a)(5) or otherwise known to be carrying an infectious disease.

History

• #10596, eff 7-1-14; ss by #13358, eff 4-1-22

N.H. Code Admin. R. Ann. Env-Sw 608.05 Community Composting Facilities {#sec-env-sw-608.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 608.05}

(a) Subject to Env-Sw 608.02, no permit shall be required for a composting facility that receives solid waste from off-site generators, provided that:

(1) The aggregate area of the facility’s waste collection, storage, and processing areas, including areas used for feedstock mixing and active composting, does not exceed 600 square feet;

(2) The facility receives for composting no more than 5 cubic yards of solid waste during any 30 day period; and

(3) The composting process is conducted in a manner consistent with “Community Composting Done Right: A Guide to Best Management Practices,” March 2019, published by the Institute for Local Self-Reliance, accessed as noted in Appendix B.

(b) Facilities described in (a) above may compost any combination of the following:

(1) Yard waste or farming crop residuals;

(2) Source-separated food waste, including meat, and dairy matter;

(3) Compostable paper, packaging, containers, bags, and serviceware;

(4) Animal manure; or

(5) Approved bulking agents as defined in Env-Sw 102.

Appendix A: State Statutes Implemented

Rule Sections

Statute(s) Being Implemented

Env-Sw 600

RSA 149-M:6, III; RSA 149-M:7, II, III, V, VIII, XIV, XV; RSA 149-M:9

Appendix B: Incorporated Reference

Rule (Env-Sw)

Reference (Date/Edition)

Obtain From (Cost)

Env-Sw 605.05(a)

Test method for Examination of Composting and Compost (TMECC)(2002)

United States Composting Council

https://www.compostingcouncil.org/store/ViewProduct.aspx?id=13656204

($450.00)

Env-Sw 608.04(a)(2)

Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire: Nutrient Best Management Practices for Agriculture Nonpoint Source Pollution (2019)

New Hampshire Department of Agriculture, Markets & Food.

https://www.agriculture.nh.gov/publications-forms/documents/best-management-practices-bmp-manual.pdf

Env-Sw 608.05(a)(3)

Community Composting Done Right: A Guide to Best Management Practices (2019)

Institute for Local Self-Reliance

https://ilsr.org/composting-bmp-guide/

History

• ##13358, eff 4-1-22

Chapter Env-Sw 700 Incineration Facility Requirements

Part Env-Sw 701 Applicability

N.H. Code Admin. R. Ann. Env-Sw 701.01 Applicability {#sec-env-sw-701.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 701.01}

(a) The rules in this chapter shall apply to processing/treatment (P/T) facilities that incinerate solid waste, including waste-derived fuel not certified for distribution and use as fuel pursuant to Env-Sw 1500.

(b) The requirements in this chapter shall apply as the complement of the P/T facility requirements in Env-Sw 500.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2401.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 702 Incinerator Permit Application Requirements

N.H. Code Admin. R. Ann. Env-Sw 702.01 Permit Required {#sec-env-sw-702.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 702.01}

(a) A permit issued pursuant to the solid waste rules shall be required for construction, operation, and closure of an incinerator, unless exempt pursuant to Env-Sw 302.03 or Env-Sw 708.

(b) The type of permit required shall be as specified in Env-Sw 302.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2402.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 702.02 Permit Application Requirements {#sec-env-sw-702.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 702.02}

Incinerator permit applications shall conform to the permit application requirements in:

(a) Env-Sw 314 for a standard permit;

(b) Env-Sw 313 for an emergency permit;

(c) Env-Sw 312 for a research and development permit; and

(d) Env-Sw 311 for a permit-by-notification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2402.02); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 703 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 703.01 Siting Requirements {#sec-env-sw-703.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 703.01}

Incinerators shall be sited in conformance with Env-Sw 1003, Env-Sw 1102, Env-Sw 1203, and Env-Sw 503, as applicable.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2403.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 704 Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 704.01 Applicability {#sec-env-sw-704.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 704.01}

(a) The design requirements in this part shall apply to all incinerators, except:

(1) Permit-exempt incinerators identified in Env-Sw 302.03 or Env-Sw 708;

(2) Permit-by-notification incinerators having an active life of 90 days or less;

(3) Research and development incinerators as provided by Env-Sw 312.02(b); and

(4) Emergency permit incinerators as provided by Env-Sw 313.02(b).

(b) The design requirements in this part shall apply as the complement of the design requirements in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities, Env-Sw 504, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #8459, eff 10-28-05 (formerly Env-Wm 2404.01); ss by #10596, eff 7-1-14); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 704.02 General Design Requirements {#sec-env-sw-704.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 704.02}

An incinerator shall be designed to operate in conformance with Env-Sw 705.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2404.02); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 704.03 Combustion Unit {#sec-env-sw-704.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 704.03}

The design of the combustion unit shall comply with state rules and federal regulations for controlling air pollution, including RSA 125-C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2404.03); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 705 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 705.01 Applicability {#sec-env-sw-705.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.01}

(a) The operating requirements in this part shall apply to all incinerators, except:

(1) Permit-exempt incinerators identified in Env-Sw 302.03 or Env-Sw 708;

(2) Permit-by-notification incinerators, having an active life of 90 days or less;

(3) Research and development permit incinerators, as provided by Env-Sw 313.02(b); and

(4) Emergency permit incinerators, as provided by Env-Sw 313.02(b).

(b) The operating requirements in this part shall apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for facilities having an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities, Env-Sw 505 and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2405.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 705.02 General Operating Requirements {#sec-env-sw-705.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.02}

The operation of an incinerator shall comply with state rules and federal regulations for controlling air pollution, including RSA 125-C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2405.02); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 705.03 Additional Signs and Postings {#sec-env-sw-705.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.03}

(a) The permittee shall post signs, at a conspicuous place or places adjacent to the incinerator, stating the following information based on the provisions of the facility permit:

(1) Authorized wastes;

(2) Prohibited wastes;

(3) Ash residue and waste storage limitations; and

(4) Instructions for ash residue storage and disposal.

(b) Emergency procedures, including the telephone number for emergency assistance, shall be posted at a conspicuous place or places adjacent to the incinerator.

(c) A copy of the operating instructions manual for the combustion unit shall be maintained in close proximity to the incinerator so as to be readily available for reference.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2405.03); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 705.04 Combustion Requirements {#sec-env-sw-705.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.04}

An incinerator shall combust waste in a manner and to a degree that results in an ash residue that contains little to no combustible materials.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2405.04); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 705.05 Ash Residue Management {#sec-env-sw-705.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.05}

Ash residue shall be managed in accordance with Env-Sw 902.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2405.05); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 705.06 Prohibitions {#sec-env-sw-705.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 705.06}

The following wastes shall not be incinerated:

(a) Wet cell batteries, pursuant to RSA 149-M:27, II;

(b) Leaf or yard waste, except as provided in RSA 149-M:27, III;

(c) Video display devices, central processing units from computers, or non-mobile video game display media recorders or players, pursuant to RSA 149-M:27, IV;

(d) Mercuric oxide batteries, pursuant to RSA 149-M:28, IV;

(e) Mercury-added products, pursuant to RSA 149-M:58, I; and

(f) Wood components of construction and demolition debris, or any mixture or derivation from said component, unless allowed under RSA 125-C:10-c, II.

History

• #10596, eff 7-1-14; amd by #12627, eff 9-27-18; ss by #14067, eff 9-3-24; ss by #14067, eff 9-3-24

Part Env-Sw 706 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 706.01 Closure Requirements {#sec-env-sw-706.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 706.01}

Incinerators shall be closed in accordance with:

(a) Env-Sw 1006;

(b) Env-Sw 1106;

(c) Env-Sw 506; and

(d) Env-Sw 900, as applicable based on type of waste.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2406.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 707 Reserved

N.H. Code Admin. R. Ann. Env-Sw 707.01 Reserved {#sec-env-sw-707.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 707.01}

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2407.01); ss by #10596, eff 7-1-14

Part Env-Sw 708 Permit-Exempt Incinerators

N.H. Code Admin. R. Ann. Env-Sw 708.01 Purpose {#sec-env-sw-708.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 708.01}

The purpose of the rules in this part is to identify incinerators which are permit exempt, pursuant to Env-Sw 302.03(b)(2).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2408.01); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 708.02 General Conditions for Exemption {#sec-env-sw-708.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 708.02}

(a) The incinerators described in this part shall be exempt from obtaining a permit, subject to the following conditions:

(1) The facility shall comply with:

a. The universal facility requirements in Env-Sw 1000; and

b. The waste specific requirements in Env-Sw 900, as applicable based on the type of waste managed by the facility; and

(2) All waste managed at the facility shall be actively managed.

(b) A permit exemption shall not affect a person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals, or to comply with all other applicable federal, state, district, or local permits, ordinances, laws, or approvals, or conditions pertaining to the permit-exempt activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2408.02); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 708.03 Animal Crematoriums {#sec-env-sw-708.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 708.03}

Subject to Env-Sw 708.02, no permit shall be required for an animal crematorium, provided that the facility shall be used only for the incineration of animal carcasses not classified as infectious waste under Env-Sw 904.01(a)(5).

Appendix A

Rule Sections

Statute(s) Being Implemented

Env-Sw 700

RSA 149-M:6, III; RSA 149-M:7, II, III, V, VIII, and XIV; RSA 149-M:9

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2408.03); ss by #10596, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 800 Landfill Requirements

Part Env-Sw 801 Applicability

N.H. Code Admin. R. Ann. Env-Sw 801.01 Applicability {#sec-env-sw-801.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 801.01}

The rules in this chapter shall apply to landfills.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2501.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Part Env-Sw 802 Permitting Requirements

N.H. Code Admin. R. Ann. Env-Sw 802.01 Permit Required {#sec-env-sw-802.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 802.01}

(a) A permit issued pursuant to the solid waste rules shall be required for construction, operation, and closure of a landfill, unless exempt pursuant to Env-Sw 302.

(b) The type of permit required shall be as specified in Env-Sw 302.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2502.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 802.02 Permit Application Requirements {#sec-env-sw-802.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 802.02}

The applicant for a landfill permit shall prepare the application in accordance with:

(a) Env-Sw 314 for a standard permit;

(b) Env-Sw 313 for an emergency permit;

(c) Env-Sw 312 for a research and development permit; and

(d) Env-Sw 311 for a permit-by-notification.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2502.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Part Env-Sw 803 Federal Requirements for Msw Landfills

N.H. Code Admin. R. Ann. Env-Sw 803.01 Purpose {#sec-env-sw-803.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 803.01}

The purpose of the rules in this part is to identify facilities subject to the federal requirements for municipal solid waste landfills (MSWLFs) in 40 CFR 258.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2503.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 803.02 Applicability {#sec-env-sw-803.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 803.02}

(a) The rules in Env-Sw 803.03 identify the circumstances under which a MSWLF shall be subject to the requirements in 40 CFR 258.

(b) The rules in Env-Sw 803.04 identify the criteria in 40 CFR 258 and the solid waste rules which apply to MSWLFs which are subject to 40 CFR 258.

History

• #5172, eff 7-1-91; ss by #6372, eff 11-16-96; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2503.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 803.03 Applicability of Federal Law {#sec-env-sw-803.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 803.03}

In order to determine whether a MSWLF is subject to the requirements of 40 CFR 258, the following provisions and definitions from 40 CFR 258.1 and 40 CFR 258.2 shall apply:

(a) MSWLFs that stopped receiving waste on or before October 9, 1991 shall be exempt from the requirements of 40 CFR 258;

(b) MSWLFs that received 100 tons per day of waste or less after October 9, 1991 and stopped receiving waste prior to April 9, 1994 shall be exempt from the requirements of 40 CFR 258 except for the final cover requirements specified in 40 CFR 258.60(a) provided the final cover was fully installed by October 9, 1994. If the final cover was not fully installed by October 9, 1994, the MSWLFs shall be subject to all requirements of 40 CFR 258;

(c) MSWLFs that received 100 tons per day of waste or less on or after April 9, 1994 shall be subject to all requirements of 40 CFR 258;

(d) MSWLFs that received greater than 100 tons per day of waste after October 9, 1991 and stopped receiving waste prior to October 9, 1993 shall be exempt from the requirements of 40 CFR 258 except for the final cover requirements specified in 40 CFR 258.60(a) provided the final cover was fully installed by October 9, 1994. If the final cover was not fully installed by October 9, 1994, the MSWLFs shall be subject to all requirements of 40 CFR 258;

(e) MSWLFs that received greater than 100 tons per day of waste on or after October 9, 1993 shall be subject to all requirements of 40 CFR 258; and

(f) In determining the scope and applicability of the federal requirements, the definitions specified in 40 CFR 258.2 for the following terms shall be used:

(1) “Active life”;

(2) “Active portion”;

(3) “Director of an Approved State”;

(4) “Household waste”;

(5) “Industrial solid waste”;

(6) “Owner”;

(7) “Saturated zone”;

(8) “Sludge”;

(9) “Solid waste”;

(10) “State”;

(11) “State director”; and

(12) “Waste management unit boundary.”

History

• #6372, eff 11-16-96; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2503.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 803.04 Standards Specific to MSWLFs Subject to 40 CFR 258 {#sec-env-sw-803.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 803.04}

(a) Any MSWLF that is identified by Env-Sw 803.03 as being subject to 40 CFR 258 shall comply with the following provisions of 40 CFR 258 in addition to the requirements in Env-Sw 900, Env-Sw 1000, Env-Sw 1100, Env-Sw 1400, Env-Sw 1600, and this chapter:

(1) Location restrictions specified in 40 CFR 258.10 through 258.16;

(2) Operating criteria specified in 40 CFR 258.20, 258.21, 258.23, 258.24, 258.28, and 258.29;

(3) Design criteria specified in 40 CFR 258.40;

(4) Groundwater monitoring and corrective action requirements specified in 40 CFR 258.53 through 258.58;

(5) Closure and post-closure requirements specified in 40 CFR 258.60(i) and 258.61; and

(6) Financial assurance mechanisms specified in 40 CFR 258.70 through 258.75.

(b) The provisions specified in (a)(1) through (a)(6) above shall not be waived under Env-Sw 202.

History

• #6372, eff 11-16-96; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2503.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Part Env-Sw 804 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 804.01 Applicability {#sec-env-sw-804.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.01}

(a) The siting requirements in this part shall apply to all landfills except:

(1) Landfill footprints and associated infrastructure for which a permit or permit modification was issued prior to the 2024 readoption of the solid waste rules;

(2) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 810;

(3) Permit-by-notification facilities having an active life of 90 days or less;

(4) Research and development permit facilities, as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities, as provided by Env-Sw 313.02(b).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 804.02 Groundwater Protection Standards {#sec-env-sw-804.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.02}

(a) A landfill shall not be sited within the well head protection area of a community or non-community, non-transient water supply well system as delineated in the department's source water protection area inventory at https://www.des.nh.gov/climate-and-sustainability/conservation-mitigation-and-restoration/source-water-protection.

(b) A landfill and all associated stormwater, leachate, and decomposition gas infrastructure, except pipelines carrying leachate or decomposition gas offsite for processing or treatment, shall be located only in areas where groundwater monitoring for release detection, characterization and remediation can be conducted prior to a release having an adverse impact on groundwater quality at the property line.

(c) A landfill and all associated stormwater, leachate, and decomposition gas infrastructure shall be located only in areas where groundwater monitoring for release detection, characterization, and remediation can be conducted prior to a release having an adverse impact on a water supply.

(d) Undisturbed in-situ soils for 5 feet immediately beneath the footprint shall have a representative saturated hydraulic conductivity of 1 x 10-3 centimeters per second (cm/sec) or less, unless the landfill design meets the requirement in Env-Sw 805.03(e).

(e) The base of the bottom most liner system, or the base of the facility if unlined, shall be a minimum of 6 feet above the seasonal high groundwater table and the confirmed bedrock surface.

(f) Identification of the areas cited in (b) through (e) above shall be based upon a hydrogeologic investigation that includes:

(1) Subsurface investigation(s) to characterize soils and bedrock at the site;

(2) All site-specific information required to model the pre-construction and post-construction groundwater and surface water regimen; and

(3) Other information as necessary to demonstrate compliance with the siting requirements in (b) through (e) above.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 804.03 Surface Water Protection Standards {#sec-env-sw-804.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.03}

(a) The location of a landfill relative to surface water resources shall comply with the requirements of RSA 485-A.

(b) A landfill and all associated stormwater, leachate, and decomposition gas infrastructure shall be located only in areas where potential adverse impacts to surface water quality, due to erosion, sedimentation, siltation, flood, or discharge of contaminants, can be prevented or minimized and mitigated by facility design.

(c) A landfill and associated stormwater, leachate, and decomposition gas infrastructure shall be located such that a discharge, spill, leachate release, or other failure of the waste containment system or associated infrastructure will be detected and assessed, and remediation initiated prior to contamination reaching any perennial water body.

(d) The footprint of a landfill and leachate storage units shall not be located within:

(1) For any first or second order perennial streams, 200 feet as measured from the closest bank of a stream; and

(2) For any other perennial surface water body, 500 feet as measured from the closest bank of a stream and closest shore of a pond or lake, as applicable.

(e) The footprint of a landfill and leachate storage units shall not be located within 200 feet of a wetland within the jurisdiction of RSA 482-A, excluding any drainage appurtenances related to the site, that is not allowed to be filled under the authority of RSA 482-A.

(f) The footprint of a landfill and leachate storage units shall not be located within 1,000 feet of a surface water reservoir or intake used for a community drinking water supply.

(g) The footprint of a landfill and leachate storage units shall not be located within the 500-year floodplain.

(h) Identification of the areas cited in (a) through (g) above shall be based on a hydrologic investigation that demonstrates the following:

(1) Compliance with the siting requirements in (a) through (g) above;

(2) That engineering design measures can be incorporated to control erosion, sedimentation, and siltation; and

(3) Any potential release of contaminants to surface waters can be prevented or, in the case of a release, detected and remediated prior to reaching a surface water.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 804.04 Set-back Requirements {#sec-env-sw-804.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.04}

(a) There shall be a minimum 100-foot setback between the property line and the footprint of the landfill.

(b) There shall be a minimum 300-foot buffer between the footprint of the landfill and class I and class II roads and a minimum 100-foot buffer between the footprint of the landfill and class III through class VI roads.

(c) There shall be a minimum 500-foot setback between the footprint of the landfill and all properties not owned by the applicant or its affiliates that contain residences, residential care facilities, nursing homes, prisons, or that are zoned for residential use.

(d) There shall be a minimum 1,000-foot setback between the footprint of the landfill and all properties containing public schools, licensed day care facilities, and hospitals.

(e) The footprint of a landfill or landfill expansion receiving putrescible wastes shall not be located within 10,000 feet of any airport runway used by turbojet aircraft or 5,000 feet of any airport runway used by only piston-type aircraft.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 804.05 Geologic Siting Limitations {#sec-env-sw-804.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.05}

(a) The footprint of a landfill and associated leachate storage units shall be a minimum of 200 feet from faults that have had displacement in Holocene time, meaning from Pleistocene to present or within the last 11,000 years.

(b) No landfill footprint or associated stormwater, leachate, or decomposition gas, infrastructure shall overlie an area underlain by karstified dolomite or limestone or an area susceptible to mass movements of earth material such as landslides, rockfalls, mudslides, slumps, earth flows, or subsidence.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 804.06 Property Ownership {#sec-env-sw-804.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 804.06}

A landfill or landfill expansion shall be sited only on property which is owned by the permittee.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.06); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Part Env-Sw 805 Design and Construction Requirements

N.H. Code Admin. R. Ann. Env-Sw 805.01 Applicability {#sec-env-sw-805.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.01}

(a) The design requirements in this part shall apply to all landfills, except:

(1) Portions of existing permitted facilities which were constructed or a facility for which final design plans and specifications are approved for construction in accordance with Env-Sw 315 as of the 2024 effective date of this chapter;

(2) Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 810;

(3) Permit-by-notification facilities having an active life of 90 days or less;

(4) Research and development permit facilities, as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities, as provided by Env-Sw 313.02(b).

(b) The design requirements in this part shall apply as the complement of the design requirements in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.02 General Landfill Design Requirements {#sec-env-sw-805.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.02}

(a) A lined landfill shall incorporate the following design features:

(1) A foundation pursuant to Env-Sw 805.03;

(2) A liner system pursuant to Env-Sw 805.05;

(3) A leak detection and location system pursuant to Env-Sw 805.07;

(4) A groundwater and surface water monitoring system, if required pursuant to RSA 485-C and Env-Or 700;

(5) A stormwater management system pursuant to Env-Sw 805.09;

(6) A decomposition gas control and migration monitoring system pursuant to Env-Sw 805.18;

(7) A final capping system pursuant to Env-Sw 805.10; and

(8) Facility structures as necessary to house, maintain, and repair equipment and supplies, and to accommodate the needs of facility personnel relative to shelter, sanitation, and communication.

(b) An unlined landfill shall incorporate the following design features:

(1) A groundwater and surface water monitoring system, if required by RSA 485-A or RSA 485-C;

(2) A stormwater management system pursuant to Env-Sw 805.09;

(3) A decomposition gas control and migration monitoring system pursuant to Env-Sw 805.18;

(4) A final capping system pursuant to Env-Sw 805.10; and

(5) Facility structures as necessary to house, maintain, and repair equipment and supplies, and to accommodate the needs of facility personnel relative to shelter, sanitation, and communication.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.03 Landfill Subgrade and Base Grade Standards {#sec-env-sw-805.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.03}

(a) The landfill subgrade shall:

(1) Underlie the base identified in (d) and (e) below;

(2) Be graded and prepared for landfill construction; and

(3) Have sufficient structural integrity to support the facility under all anticipated loading conditions during all phases of construction, operation, and closure.

(b) Engineering measures shall be incorporated in the design when necessary to ensure stability of the landfill during all phases of construction, operation, and closure.

(c) Stability analyses shall be submitted with the application to demonstrate compliance with requirements in (a) above and to support the facility design, including measures incorporated pursuant to (b) above, if any.

(d) For geomembrane lined facilities, the base below the liner and above the subgrade shall:

(1) Be prepared to a depth of not less than 12 inches, except as provided in (e) below, and provide a uniform and consistent bedding layer which shall be stable under loading;

(2) Contain no stones greater than one inch in diameter, and no sharp or angular materials;

(3) Be compacted to 95% of the maximum dry density as determined by ASTM International (ASTM) D698-12(2021) (Standard Effort) or ASTM D1557-12(2021) (Modified Effort) as available in Appendix B; and

(4) Consist of a soil with a saturated hydraulic conductivity of 1 x 10-4 cm/sec or less.

(e) Where undisturbed in-situ soils are not present, or where Env-Sw 804.02(d) is not met, the base shall be prepared in accordance with (d) above to a depth of 24 inches instead of 12 inches.

(f) Facility grades shall be sloped to facilitate compliance with Env-Sw 805.06 and Env-Sw 806.05.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.04 Liner Material and Construction Requirements {#sec-env-sw-805.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.04}

(a) Soil liners shall meet or exceed the following specifications:

(1) The liner shall be constructed of no less than 3 feet of a recompacted natural soil with uniform and consistent characteristics, or a uniform and consistent natural soil blended with an admixture, such as bentonite;

(2) The liner shall be free from stones greater than one inch in diameter and stones having a sharp or angular surface;

(3) Recompaction shall occur in lifts not to exceed the depth demonstrated in a test pad necessary to achieve a saturated hydraulic conductivity no greater than 1 x 10-7 cm/sec;

(4) The recompacted lifts shall be constructed in a step-wise manner to limit the potential for vertical channeling;

(5) Recompacted saturated hydraulic conductivity shall equal 1 x 10-7 cm/sec or less; and

(6) The liner shall be protected from damage due to frost, desiccation, and differential movement.

(b) Geomembrane liners shall meet or exceed the following specifications:

(1) The liner material shall have a minimum thickness of 60 mils;

(2) The liner material shall be chemically compatible with anticipated waste and leachate characteristics; and

(3) Seaming methods which involve the use of solvents shall incorporate quality assurance/quality control procedures pursuant to Env-Sw 805.16 to assure protection of groundwater and surface water resources.

(c) Composite liners shall consist of:

(1) A geomembrane liner, as specified by (b) above; and

(2) A soil component as specified by (a) above or a manufactured geosynthetic clay liner (GCL).

(d) All liners shall be constructed in accordance with a quality assurance/quality control plan established pursuant to Env-Sw 805.16.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.05 Liner System Design Standards {#sec-env-sw-805.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.05}

(a) A liner system shall be comprised of the following components:

(1) A liner which meets the requirements of Env-Sw 805.04;

(2) A leachate collection and removal system which meets the requirements of Env-Sw 805.06; and

(3) A leak detection and location system installed below the liner in (1) above, if required by Env-Sw 805.07.

(b) A landfill shall incorporate one or more liner systems, as specified in Env-Sw 805.12 through Env-Sw 805.15, based on the type of wastes to be received by the facility.

(c) Multi-liner systems shall be designed to place one liner system over another liner system.

(d) A single-lined facility shall incorporate one liner system.

(e) A double-lined facility shall incorporate 2 liner systems, separated by drainage material as specified in (f) below.

(f) Except as provided by (g) below, each liner within a liner system shall be covered by a drainage geocomposite and an overlying layer of select granular soil drainage materials 12 inches in depth or more as required to:

(1) Sustain anticipated loading conditions;

(2) Protect the underlying liners from puncture, including simultaneous puncture of multi-liner systems;

(3) Assist in the transmission of leachate in accordance with Env-Sw 805.06 and Env-Sw 806.05; and

(4) At multi-liner facilities, limit the potential for hydraulic head to be concurrently experienced on an underlying liner in the event a leak develops in an overlying liner.

(g) For multi-liner systems, geosynthetics alone may be used to separate the liners in areas of extended side slopes where placement and maintenance of granular soil drainage materials is not possible or practical for reasons of stability.

(h) The design of all liner systems incorporating geomembrane materials shall include calculations to demonstrate stability, but in no case shall be designed to exceed a slope of 2 horizontal to 1 vertical (2H:1V).

(i) All liner systems shall be constructed by controlled methods, in accordance with a quality assurance/quality control plan established pursuant to Env-Sw 805.16.

(j) Liner systems shall not be penetrated by any appurtenances.

(k) For multi-liner systems, GCLs shall extend across base areas and 10 feet up sideslopes, as measured in vertical feet.

(l) Each liner system in a multi-liner system shall be hydraulically separate.

(m) Liner systems shall extend at least 3 feet beyond the limit of waste, as measured in vertical feet.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.06 Leachate Collection and Removal System Design Standards {#sec-env-sw-805.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.06}

(a) Leachate collection and removal systems shall be required at all lined landfills, to prevent leachate discharges and to collect and remove leachate contained within each liner system in conformance with Env-Sw 806.05.

(b) Leachate collection and removal systems shall be designed to be hydraulically separate from the stormwater management system(s).

(c) Leachate collection and removal systems located outside the waste deposition area shall be leak tight and accessible for leak testing, inspection, cleaning, and repair.

(d) Leachate collection and removal systems shall be designed to function effectively during freezing and frozen-ground conditions.

(e) Leachate collection and removal systems shall be designed to function effectively during both the active life of the landfill and the landfill closure and post-closure care period. Therefore, for the purpose of sizing the system(s) components and specifying materials with an appropriate design life expectancy, the leachate generation rates, volumes, chemical composition, and temperatures for the above specified time period shall be considered.

(f) Leachate collection and removal systems shall be designed to maintain one foot or less of hydraulic head on all portions of the liner, excluding the leachate collection sumps if any, during routine leachate flows plus the 50-year/24-hour storm event.

(g) Leachate collection and removal systems shall be designed to manage the quantity of leachate to be generated by the 100-year/24-hour storm event, in a manner which shall:

(1) Not allow a hydraulic head greater than one-foot to exist on any portion of the liner system, excluding the leachate collection sumps, if any, for longer than 7 days;

(2) Provide storage and removal capabilities determined in accordance with (h) below if for a facility not directly connected to a permitted wastewater treatment facility or in accordance with (i) below if for a facility directly connected to a permitted wastewater treatment facility; and

(3) Not rely on leachate recirculation as a factor in determining the required storage and removal capabilities, even if leachate recirculation will be a routine operating procedure at the facility.

(h) Leachate collection and removal systems which are not directly connected to a permitted wastewater treatment facility shall provide capacity for storing leachate as follows:

(1) At least 15% of the 100-year storm event storage volume as specified by (g) above shall be provided in primary storage units located outside the waste deposition area or in sumps located within the waste deposition area;

(2) The number of walls or liners in leachate storage units shall be no less than the number of liners within the landfill; and

(3) Containment for the volume of leachate produced by the 100-year storm event which exceeds the volume of the primary storage units shall be provided:

a. Within contingency storage units located outside the waste deposition area; and

b. On the uppermost liner within a waste deposition area provided that:

1. Storage on the liner in excess of one-foot of hydraulic head shall be limited to a period of 7 days or less, based on procedures identified in the leachate management plan provided pursuant to Env-Sw 806.05, including the pumping and removal rates required to reduce the hydraulic head to one foot or less within 7 days and the specifications for the equipment required to do so; and

2. Systems relying on valve closure to initiate storage on the liner shall be fully equipped with automated notification alarms and dialers to minimize the potential for overflow, in accordance with (q) below.

(i) Leachate collection and removal systems which are directly connected to a permitted wastewater treatment facility shall be designed as follows:

(1) The system shall provide leachate storage units outside the waste deposition area as necessary to meet the requirements of (g) above based on the allowable discharge rate of leachate to the wastewater treatment facility, pump capabilities, and other such factors which limit the rate at which leachate removal can occur;

(2) Compatible pumping and removal rates shall be provided as a component of the facility’s leachate management plan, pursuant to Env-Sw 806.05; and

(3) Systems relying on valve closure to initiate storage shall be fully equipped with automated notification alarms and dialers to minimize the potential for overflow, in accordance with (q) below.

(j) The various components of a leachate collection and removal system shall:

(1) Be chemically compatible with the anticipated waste and leachate characteristics;

(2) Provide access for monitoring flow, monitoring hydraulic head in the uppermost liner system, controlling flow, conducting inspections, and cleaning;

(3) Maintain integrity under both dynamic and static loading events for all phases of landfill development;

(4) Specify geotextiles based on calculations which incorporate the leachate generation and flow rates anticipated to occur during the operating and post-closure care phases of the landfill; and

(5) Be designed to prevent the passage of fine particulates into the leachate collection and piping systems as well as mitigate against or eliminate the effects of any material capable of reducing the hydraulic flow capacity of the leachate collection and piping systems.

(k) Pipes which require solvent welding shall only be used in leachate vaults equipped with a high-water alarm, a backup high-water alarm, and automatic dialer.

(l) The granular soil drainage materials in the liner system shall:

(1) Be designed to meet the requirements of (f) and (g) above; and

(2) Contain no more than 15% calcium carbonate to prevent deposition and clogging and otherwise be of a quality that shall not result in clogging of the leachate collection and removal system(s).

(m) A facility shall not be designed to rely solely on managing leachate by recirculation methods.

(n) Recirculation of leachate, if practiced, shall proceed only in accordance with the provisions of a leachate recirculation plan approved by the department as part of the facility’s operating plan pursuant to Env-Sw 1105 based on the criteria in Env-Sw 806.05.

(o) Leachate collection and removal systems which depend on routine pumping, rather than gravity operating methods, shall only be used at facilities where a full-time operator shall be present during normal operating hours and where auxiliary power and pumping equipment shall be available.

(p) Pump stations located outside the waste deposition area shall be designed to provide the following:

(1) Backup pumping capacity;

(2) Backup power supply;

(3) High-water alarm;

(4) Backup high-water alarm;

(5) Alarms to automatic dialer; and

(6) Efficient operation during both average and peak flows.

(q) Tanks, sumps, and other storage units associated with leachate collection and removal systems shall be equipped with high-water alarms, backup high-water alarms, and automatic dialers.

(r) Automatic dialers shall be equipped with a backup power supply and designed to continue dialing, sending messages, or otherwise attempting to reach a person at least once every ten minutes until the automatic dialer is turned off or otherwise reset at the site.

(s) Pipes, tanks, sumps, and other conveyance or storage units associated with leachate collection and removal systems outside the waste deposition area shall have secondary containment or be double-walled except for underground pipes, manholes, and other buried leachate conveyance or storage systems existing prior to the 2024 readoption of this chapter unless existing systems:

(1) Are undersized;

(2) Have failed;

(3) Have reached the end of their service life; or

(4) Are required to be upgraded or replaced for reasons other than the lack of a double-wall or secondary containment.

(t) A leachate transfer area shall be designed to contain releases during leachate transfer and constructed of a concrete pad or other impermeable surface that is of sufficient size for:

(1) All connection points to be situated over the impermeable area when leachate is being transferred; and

(2) The entire tank portion of the cargo truck or railcar being filled to be situated over the impermeable area when leachate is being transferred.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.06); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.07 Leak Detection and Location System Design Standards {#sec-env-sw-805.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.07}

(a) In multi-liner systems, the bottom most liner system shall also be the leak detection and location system.

(b) In single-liner systems, a leak detection and location system shall be installed beneath the bottom most liner, unless the potential for leakage is reduced by installing a composite liner that meets the requirements of Env-Sw 805.04(c).

(c) A leak detection and location system shall be designed to:

(1) Convey liquids to an observation point for detection, based on a maximum time of concentration equal to 24-hours under saturated hydraulic conditions; and

(2) Provide a means for isolating the potential location of a leak.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.07); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.08 Groundwater and Surface Water Monitoring System Design Standards {#sec-env-sw-805.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.08}

(a) The location and number of groundwater monitoring wells and surface water sampling points shall be based on site-specific hydrology and hydrogeology, but in no case shall there be less than one groundwater monitoring well installed hydraulically upgradient from the landfill and 3 monitoring wells installed in each down-gradient direction.

(b) The location, materials, and specifications of the groundwater and surface water monitoring system shall comply with the requirements of RSA 485-C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.08); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.09 Stormwater Management System Design Standards {#sec-env-sw-805.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.09}

(a) All landfills shall include a stormwater management system to:

(1) Divert run-on around or away from the facility;

(2) Control run-off discharge from the facility;

(3) Control erosion, sedimentation, siltation, and flooding; and

(4) Minimize the generation of leachate.

(b) Stormwater management systems shall be designed to accommodate the 50-year/24-hour storm event.

(c) Stormwater management systems shall be designed to accommodate all phases of the landfill’s active life, as well as the closure and post-closure care period.

(d) Stormwater management systems shall be hydraulically separate from the leachate collection and removal system(s).

(e) Stormwater management systems shall be designed to function effectively during frozen ground conditions.

(f) Permanent sedimentation ponds and detention ponds shall be sized to handle the 50-year/24-hour storm event with no less than one foot of freeboard below the emergency spillway invert.

(g) Peak surface run-off from the landfill site during the 50-year storm event shall be controlled and maintained at the pre-development discharge rate, in accordance with RSA 485-A.

(h) All stormwater that contacts waste shall be managed as leachate unless representative analytical characterization conducted in accordance with the facility’s approved operating plan demonstrates the liquid may be lawfully discharged to ground or surface waters without treatment.

(i) Perimeter drainage swales shall be provided to channel run-off during facility development based on the planned sequence of filling pursuant to Env-Sw 806.02 and during the facility’s post-closure period.

(j) Perimeter drainage swales shall be designed and located to accommodate facility capping.

(k) Surface water run-on shall be diverted around and away from the facility by using berms and ditches, or similar methods.

(l) Surface water run-off shall be controlled by using benches, terraces, diversion berms and diversion swales, or similar methods.

(m) Erosion shall be controlled by using vegetation, terrace berms, silt fences and check dams, or similar methods.

(n) Drainage systems shall include provisions for inspections, monitoring, and maintenance.

(o) Stormwater design reports prepared to demonstrate compliance with this section shall be prepared in accordance with the requirements of Env-Wq 1500.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.09); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.10 Landfill Capping System Design Standards {#sec-env-sw-805.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.10}

(a) Landfill capping systems shall be designed to meet the performance standards in Env-Sw 807.04 so as to:

(1) Reduce leachate generation by limiting to the extent practicable precipitation and surface water infiltration of the waste, through placement of either impermeable or low-permeable cover materials over landfilled areas;

(2) Promote drainage of stormwater and other surface waters away from and around the facility, by properly grading the facility and surrounding areas, and by constructing drainage structures, including berms, trenches, swales, ditches, and detention ponds;

(3) Limit erosion and sedimentation by controlling stormwater drainage and by seeding, vegetating, riprapping, or otherwise stabilizing surface soils against the effects of wind and water;

(4) At facilities that will generate methane gas, control the release of methane gas from the facility by incorporating vents designed to function properly in all anticipated weather conditions, including heavy or drifting snow, or by incorporating recovery wells or similar methods, to assure compliance with Env-Sw 805.18 and Env-Sw 806.07;

(5) Protect or isolate the underlying waste materials from exposure to the environment to limit the attraction of vectors, production of leachate, production of odors, risk of injury or fire, and other threats to the public health and safety;

(6) Resist damage due to the influences of freeze-thaw cycles, settlement, loading, or other anticipated conditions which, not properly considered during design, will result in over stressing the cap; and

(7) Remediate environmental damage resulting from the facility, if determined necessary by the department on the basis of groundwater and surface water quality at the site or on the basis of other conditions involving environmental degradation at the site prior to closure.

(b) Lined landfill capping systems shall be designed in cross section according to the specifications provided in (e) below.

(c) Unlined landfill capping systems shall be designed in cross section according to the specifications provided in either (e) or (g) below.

(d) For unlined landfills, the type of capping system required pursuant to (e) or (g) below shall be based on which system type will meet the performance standards in Env-Sw 807.04, using the following factors to make the determination:

(1) Type and quantity of waste received by the facility;

(2) Size of facility footprint;

(3) Compliance and performance history of the facility;

(4) Extent of groundwater to waste contact zones, if any;

(5) Groundwater and surface water quality at the facility site;

(6) Proximity to drinking water supplies, surface waters, and floodplains;

(7) Age of the facility;

(8) Site topography; and

(9) Geologic and hydrogeologic characteristics of the site.

(e) Impermeable landfill capping systems shall, at a minimum, be comprised of the following layers, from the top of the waste to the top of the cap:

(1) Layer 1, immediately overlying the waste, shall:

a. Serve to provide a stable, properly graded base for the placement of layer 2;

b. Be designed to resist raveling, or the sifting of fines downward into the underlying wastes; and

c. Consist of no less than 12 inches of unspecified soil;

(2) Layer 2 shall:

a. Serve to protect layer 3 from potential damage by underlying coarse soil materials;

b. Serve to transmit decomposition gases to gas vents if active gas extraction wells are not used; and

c. Consist of at least 12 inches of sand with 100% passing the one inch sieve and with no more than 12% passing the number 200 sieve on a weight basis if for a facility without an active gas extraction system or at least 6 inches of soil with 100% passing the one inch sieve if for a facility with an active gas extraction system;

(3) Layer 3 shall consist of an impermeable barrier which shall:

a. Minimize the infiltration of water into underlying wastes so as to limit continued leachate production and the associated adverse impacts to the quality of groundwater and surface waters; and

b. Consist of a geomembrane with a minimum thickness of 40 mils;

(4) Layer 4 shall:

a. Provide for the removal of water which infiltrates through the topsoil layer, or layer 5;

b. Protect layer 3 from penetration or other damage, including frost and desiccation;

c. Consist of:

1. At least 18 inches of free-draining sand which has a saturated hydraulic conductivity of no less than 1 x 10 -3 cm/sec, will pass on a weight basis no more than 10% through the number 200 sieve, and contains no more than 15% calcium carbonate; or

2. Drainage geocomposite and no less than 12 inches of drainage sand, specified based on the results of a hydraulic calculation supporting the design and containing no more than 15% calcium carbonate; and

d. Terminate in a drainage system at the toe of the slope of the cap that is designed to readily remove water transmitted by layer 4; and

(5) Layer 5 shall:

a. Serve to stabilize the capping system against the forces of wind and water erosion;

b. Provide a low-maintenance surface;

c. Promote evapotranspiration, meaning loss of water from the soil by both evaporation and transpiration from plants growing thereon;

d. Provide ease of visual inspection of the capping system surface; and

e. Consist of no less than 4 inches of topsoil, which is fertilized and vegetated.

(f) Alternative or supplemental materials to the topsoil specified in (e)(5) above shall be used if determined necessary by the permittee and agreed to by the department on the basis of actual site features and conditions, to achieve the required stability or erosion control.

(g) Low permeable capping systems, formerly referred to by the department as “extended interim closure,” shall be comprised of the following layers, at a minimum, from the top of the waste to the top of the cap:

(1) Layer 1 shall conform to the requirements for layer 1 for impermeable capping systems as specified in (e)(1) above;

(2) Layer 2 shall:

a. Serve to isolate wastes from the environment and to protect public health;

b. Reduce the infiltration of water into underlying wastes; and

c. Consist of no less than 18 inches of soil with a saturated hydraulic conductivity not greater than 1 x 10-5 cm/sec; and

(3) Layer 3 shall conform to the requirements for layer 5 for impermeable capping systems as specified in (e)(5) except as allowed in (f) above.

(h) Landfill capping systems shall be constructed in accordance with a quality assurance/quality control plan established pursuant to Env-Sw 805.16.

(i) Landfill capping systems shall be designed to manage properly stormwater resulting from the 50-year/24-hour storm event and incorporate at least one of the following:

(1) Intermittent swales on the side slopes of the capping system, placed at an interval of 20 vertical feet or minimum spacing of 100 feet as measured from the center line of the swales, with a minimum slope of 2 percent to allow for settlement; or

(2) An erosion-resistant moisture retention layer, placed directly under the vegetated layer, designed to sustain vegetative growth and effectively resist gully erosion.

(j) Stability calculations for the landfill capping system shall be submitted by the applicant to support the proposed design.

(k) Excluding the drainage swales noted in (i)(1) above, landfill capping systems shall be designed at a slope of 5% or greater, as necessary to accommodate the anticipated effects of settlement and consolidation and assure positive drainage and stability of the capping system during the post-closure period.

(l) The landfill capping system shall:

(1) Extend beyond the confirmed limits of landfilled waste and the underlying liner systems; and

(2) Terminate or be anchored in a manner which:

a. Stabilizes the capping system against creep, pull-out, and material failure due to excessive stress;

b. Limits erosion or wash-out at the toe-of-landfill slope(s); and

c. Limits surface water from infiltrating into the waste.

(m) The landfill capping system and the post-closure period stormwater management system shall be compatible in design. Hydraulic calculations to support the proposed design shall be provided, including calculations to demonstrate that the drainage media shall function as intended in the design.

(n) Unless the facility only receives inert waste such as concrete debris, the landfill capping system shall incorporate a decomposition gas management system meeting the design criteria of Env-Sw 805.18 and the performance criteria of Env-Sw 806.07.

(o) Landfill capping systems shall be designed to support such loading as might occur during and following construction, including activities anticipated to occur during post-closure care, such as maintenance vehicles driving over the cap.

(p) On-the-ground markers or other type of clearly visible control points shall be placed at the facility site to allow facility personnel and inspectors to readily identify and locate the limits of the capping system.

(q) Except in areas where berms, swales, other stormwater infrastructure, or access roads are constructed, the maximum slope of capping systems shall not exceed 2.5 horizontal to 1 vertical.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.10); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.11 Other Landfill Design Requirements {#sec-env-sw-805.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.11}

(a) The sequencing of facility development shall be planned based on subdividing the footprint into areas separated by berms.

(b) The subdivisions of a footprint shall be referred to as “phases,” “stages,” and “cells,” each term being used as defined in Env-Sw 104.09, Env-Sw 104.51, and Env-Sw 102.32, respectively.

(c) A facility shall be comprised of one or more phases, within which may exist one or more stages, within which may exist one or more cells, depending on the size of the facility and the design of the leachate management system.

(d) The layout and the configuration of, and the sequence for developing the phases, stages, and cells shall, by design:

(1) Limit leachate generation by controlling the amount of area open to active operation and otherwise placing waste in a controlled manner consistent with the requirements in Env-Sw 806.02;

(2) Limit the length of time unused cells remain inactive; and

(3) Avoid the need to decommission groundwater monitoring wells as facility development proceeds and new stages or phases are constructed.

(e) Fill sequencing plans shall be prepared as part of the facility operating plan to show clearly the sequencing of facility development.

(f) Fill sequencing plans shall:

(1) Show elevations and placements of lifts, as well as general access points;

(2) Be compatible with the facility’s leachate management system design capabilities and limitations;

(3) Be compatible with the facility’s stormwater management system design capabilities and limitations;

(4) Be compatible with the facility closure design; and

(5) Provide information and detail sufficient to allow a certified operator to operate the landfill in accordance with the approved design.

(g) Main access roads within the property boundary of a landfill leading to and from the working face of the landfill shall be designed and maintained to support the required loading, as well as limit to the extent practicable traffic congestion, road safety hazards, and dust production.

(h) Main access roads onto or into the property shall be fenced if necessary to catch blowing litter.

(i) Landscaping features shall be incorporated in conformance with Env-Sw 1103.04.

(j) Final grades at the facility shall be designed to blend with surrounding features to the greatest extent practicable.

(k) Perimeter and interior berms shall be analyzed for stability.

(l) Vegetated buffer zones shall be designed, established, and maintained to minimize impacts to abutting properties, including by shielding waste storage, handling, and disposal areas, and controlling the off-site transport of dust and windblown litter, as follows:

(1) In the setback required by Env-Sw 804.04(a), the 50 feet nearest the property line;

(2) In the setback required by Env-Sw 804.04(c), the 400 feet nearest the property line; and

(3) In the setback required by Env-Sw 804.04(d), the 500 feet nearest the property line.

(m) A vegetated buffer zone shall be designed, established, and maintained to minimize the impact of ingress and egress access roads on abutting properties.

(n) An odor control plan shall be prepared and implemented as part of the technical specifications when excavation of putrescible waste is required during landfill construction.

(o) A landfill shall be designed such that all waste containment and structural components, including but not limited to, liner and leachate collection systems and cap systems, are constructed to resist the maximum horizontal acceleration in lithified earth materials within a seismic impact zone as defined in 40 CFR 258.14.

(p) A stability assessment of the landfill leachate management systems, and other structures such as mechanically stabilized earth berms, shall be performed and:

(1) Include an analysis of potential failure planes for both static and seismic conditions; and

(2) Be supported by corroborative field and laboratory data that defines the site geology and hydrogeology, geotechnical characteristics, waste mass characteristics, and geosynthetic characteristics.

(q) All walls, berms, or other structures used to retain waste shall be:

(1) Located on a stable foundation as demonstrated by geotechnical investigation and calculations;

(2) Designed with a static factor of safety of at least 1.5 against overturning and sliding; and

(3) Designed to prevent the lateral movement of the waste mass.

(r) A settlement assessment to predict total and differential settlement of landfill systems shall be performed, and include:

(1) A demonstration that systems will maintain their integrity and performance at maximum predicted settlements; and

(2) A plan view showing settlement contours when predicted landfill settlements exceed 2 feet.

(s) Design features shall include the means to control and extinguish fires which might occur within the landfill and to otherwise limit the potential for liner damage due to fire.

(t) No permit or permit modification shall be granted for a landfill or landfill expansion unless groundwater monitoring can be accomplished, when required, in accordance with this chapter and pursuant to RSA 485-C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.11); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.12 MSW Landfill Design Standards {#sec-env-sw-805.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.12}

(a) Landfills receiving municipal solid waste (MSW) shall be designed as double-lined facilities pursuant to Env-Sw 805.05 and one of the liners shall be a composite liner pursuant to Env-Sw 805.04(c) and, as applicable, Env-Sw 805.05(k).

(b) Landfills receiving MSW shall be designed to provide the capability to operate in a manner that promotes rapid biological stabilization of landfilled wastes, as by leachate recirculation or bioreactor technologies, or both.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.12); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.13 MSW Incinerator Ash Landfill Design Standards {#sec-env-sw-805.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.13}

Landfills receiving MSW incinerator ash shall be double-lined facilities pursuant to the requirements of Env-Sw 805.05 and one of the liners shall be a composite liner pursuant to Env-Sw 805.04(c) and, as applicable, Env-Sw 805.05(k).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.13); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.14 Construction/Demolition Debris Landfill and Coal Ash Landfill Design Standards {#sec-env-sw-805.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.14}

(a) Except as provided by Env-Sw 805.15 and subject to (b) below, landfills receiving construction and demolition debris only or coal ash only may be designed as single-lined facilities pursuant to the requirements of Env-Sw 805.05 and the liner shall be a composite liner pursuant to Env-Sw 805.04(c) and, as applicable, Env-Sw 805.05(k).

(b) If, based on an evaluation of the facility’s proposed operating plan and identification of the specific type or source of the wastes, the characteristics of the wastes cannot be consistently determined or assured or the characteristics pose a threat to groundwater quality, the facility shall be a double-lined facility pursuant to Env-Sw 805.05 and one of the liners shall be a composite liner pursuant to Env-Sw 805.04(c) and, as applicable, Env-Sw 805.05(k).

(c) Landfills which co-mingle construction and demolition debris with other waste types shall meet the design requirements set forth in this part relative to the other waste types, if the latter are more stringent than the requirements set forth in (a) above.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.14); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.15 Design Standards for Landfills Receiving Other Solid Waste Types {#sec-env-sw-805.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.15}

(a) Landfills for any waste type(s) not specifically identified in Env-Sw 805.12 through Env-Sw 805.14 shall be designed as double lined facilities pursuant to Env-Sw 805.05 and one of the liners shall be a composite liner pursuant to Env-Sw 805.04(c) and, as applicable, Env-Sw 805.05(k), except as provided by (b) below and subject to the landfilling prohibitions in Env-Sw 806.12.

(b) Landfills which receive only stumps and brush, as assured through the provisions of the facility’s operating plan, may be designed as unlined landfills pursuant to Env-Sw 805.02(b).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.15); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.16 Quality Assurance/Quality Control (QA/QC) Standards for Liner and Capping Systems {#sec-env-sw-805.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.16}

(a) Liners and capping systems shall be tested and placed in strict accordance with a quality assurance/quality control (QA/QC) plan.

(b) The QA/QC plan shall be developed in accordance with this part and approved by the department as part of the construction contract documents provided pursuant to the provisions for a permit modification in Env-Sw 315.

(c) The QA/QC plan shall:

(1) Be included in the project contract documents;

(2) State clearly the minimum qualifications of the project engineer and their designee, if any;

(3) Outline the specific duties of the project engineer and their designee with respect to the QA/QC plan;

(4) Require the project engineer to provide reports as specified in Env-Sw 1104.04, Env-Sw 1104.05, Env-Sw 1104.06, and Env-Sw 1104.07; and

(5) Reference the appropriate standard tests, such as ASTM or Geosynthetics Research Institute (GRI), to verify that the requirements cited in this section have been met.

(d) The QA/QC plan may reference the project technical specifications as appropriate to ensure consistency and minimize redundancy.

(e) The QA/QC plan for soils shall, at a minimum, specify:

(1) Criteria for soil acceptance based on the following:

a. Grain size distribution pursuant to ASTM D6913/D6913M-17 and D7928-21e1 for:

1. Every 3,000 cubic yards of unprocessed soil; or

2. Every 10,000 cubic yards of soil which has been processed to meet the project specifications;

b. Hydraulic conductivity pursuant to ASTM D2434-22 for each new source of soil;

c. Calcium carbonate content pursuant to ASTM D4373-21 for each new source of soil;

d. Compaction test method pursuant to ASTM D698-12(2021) or ASTM D1557-12(2021) and testing frequency;

e. Hydraulic conductivity test method pursuant to ASTM D5084-24 and testing frequency; and

f. In place sampling method pursuant to ASTM D1587/D1587M-15 and hydraulic conductivity testing frequency; and

(2) Provisions for correcting the installation of off-specification materials.

(f) The QA/QC plan for geosynthetics shall, at a minimum, include:

(1) Criteria for material acceptance based on physical, mechanical, hydraulic, endurance, and degradation properties determined during design;

(2) The frequency at which testing shall occur and the testing protocol to be met;

(3) Provisions for correcting the installation of off-specification materials; and

(4) For geomembranes, the requirements of (g) below.

(g) The QA/QC plan for geomembranes shall meet the requirements in (f) above and the following:

(1) Require the project engineer or their designee to be present on site at all times during handling, deployment, seaming, testing, and covering of any geomembrane liner or cap and have the authority to order testing and to reject any materials or constructed systems which might affect the liner's or cap’s performance for any reason;

(2) Contain the manufacturer’s quality assurance requirements to assure that geomembranes shall be of a consistent quality and meet the project specifications;

(3) State the type of geomembrane material and texture, and the minimum requirements of raw material quality and formulation;

(4) Identify the minimum acceptance standards for manufactured geomembrane sheets, including overall sheet quality, a list of acceptable index properties and quality of factory seams;

(5) Assure that geomembrane material shall not be damaged from the time it leaves the factory to the time it is finally covered, by addressing the following:

a. Requirements for shipping, handling, and site storage to assure that the material shall be protected from damage and sunlight;

b. Minimum quality standards for the soil upon which the geomembrane will rest;

c. Provisions for the project engineer or their designee to inspect the soil upon which the geomembrane will rest prior to placement of any geomembrane and, pursuant to Env-Sw 1104.04, certify that such soil has been installed in accordance with contract documents;

d. Standards for the placement of geomembrane material which address, at a minimum, placement methods, unfavorable weather conditions, excessive heat or cold, wind, and wrinkles; and

e. The upper limit as a percentage of the amount of patching any geomembrane panel can receive;

(6) Contain minimum requirements for seam quality and specific remedies for when the minimum requirements are not met;

(7) Verify the competence of seaming and welding equipment and personnel prior to seaming and welding;

(8) Require the project engineer or their designee to have authority to reject any equipment, material, or personnel not passing the tests specified by the QA/QC plan;

(9) Specify testing for seam strength at a specified interval and criteria for pass/fail;

(10) Specify testing for seam continuity; and

(11) Contain provisions for protecting the geomembrane during covering and backfilling.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.16); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.17 Vertical Expansion of Landfills {#sec-env-sw-805.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.17}

(a) No permit or permit modification shall be granted for vertical expansion of a landfill, as defined in Env-Sw 104.61 unless:

(1) The existing landfill is equipped with a liner system meeting the requirements of Env-Sw 805;

(2) The proposed vertical expansion incorporates a liner system meeting the requirements of Env-Sw 805 over the existing landfill; or

(3) For landfills receiving MSW, the existing landfill is equipped with a double liner system permitted prior to the 2024 readoption of this chapter, and there is no evidence of release(s) of contaminants through the liner system(s) to the environment or other damage to the liner system(s).

(b) Stability and settlement assessments required pursuant to Env-Sw 805.11 shall be performed, at a minimum, for the existing landfill prior to vertical expansion, for the combined existing landfill and vertical expansion during construction and operation, and for the combined existing landfill and vertical expansion at full capacity.

History

• #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 805.18 Decomposition Gas Control and Migration Monitoring System Design Standards {#sec-env-sw-805.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 805.18}

(a) Decomposition gas control and migration monitoring systems shall be required at landfills with the potential to generate decomposition gasses.

(b) Decomposition gas control and migration monitoring systems shall be designed to meet the decomposition gas control requirements in Env-Sw 806.07 and to control to the greatest extent practicable malodorous gas emissions.

History

• #14156, eff 12-21-24

Part Env-Sw 806 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 806.01 Applicability {#sec-env-sw-806.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.01}

(a) The operating requirements in this part shall apply to all landfills, except:

(1) Existing landfills which ceased operating prior to October 29, 1997 and do not resume operations on or after October 29, 1997;

(2) Permit-exempt landfills identified in Env-Sw 302.03 or Env-Sw 810;

(3) Permit-by-notification landfills having an active life of 90 days or less;

(4) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The operating requirements in this part shall apply as the complement of operating requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for facilities having an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.02 Waste Placement {#sec-env-sw-806.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.02}

(a) The fill sequencing plan developed in accordance with Env-Sw 805.11 shall be part of the facility operating plan and implemented in accordance with the requirements of this section.

(b) Wastes shall be placed only within the permitted vertical and lateral limits of the landfill.

(c) Wastes shall be placed in a controlled manner, in accordance with the fill sequencing plans.

(d) Fill sequencing plans shall be developed on the basis of limiting the quantity of leachate a facility generates, through grading and covering techniques which maximize the quantity of received precipitation that can be handled as stormwater.

(e) Unloading of waste shall be confined to the smallest practical area.

(f) Exposed waste on the working face of the landfill shall be limited, to reduce precipitation contact with the waste and to allow the area to be covered as required pursuant to Env-Sw 806.03.

(g) All waste shall be evenly spread in shallow lifts and compacted, in accordance with plans and procedures which:

(1) Assure stability;

(2) Limit potential future settlement;

(3) Limit rainfall infiltration; and

(4) Are consistent with the progressive development of final grades.

(h) The first layer of waste placed above the leachate collection layer shall be a minimum of 4 feet in compacted thickness and be of a select nature containing no large or rigid objects, such as pipes or posts, that might cause damage to the liner system or instability.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.03 Landfill Cover During Operations {#sec-env-sw-806.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.03}

(a) An approved cover material shall be applied over all sides and working faces of the landfill in a manner and at a frequency required to achieve the following performance objectives:

(1) Minimize the dispersal of offensive odors;

(2) Minimize the potential to attract and harbor vectors;

(3) Control drainage in accordance with Env-Sw 805.06, Env-Sw 805.09, Env-Sw 806.05, and Env-Sw 806.06;

(4) Control unsightly conditions and windblown waste;

(5) Reduce the potential for fire;

(6) Provide stability; and

(7) Assist in the proper development of final grades, as set forth in the facility’s approved fill sequencing plans.

(b) A material shall not be approved or used as cover material unless:

(1) The material exhibits characteristics required to achieve the performance objectives in (a) above;

(2) Use of the material will not:

a. Cause equipment or operational problems;

b. Contribute to the deterioration of leachate quality at lined landfills;

c. Cause surface water or groundwater contamination; or

d. Pose a hazard to human health through skin contact or respiration; and

(3) The material itself:

a. Is not a hazardous waste;

b. Is physically and chemically consistent in nature; and

c. Contains no free liquids.

(c) At landfills receiving MSW, cover material approved in accordance with Env-Sw 314 or Env-Sw 315 shall be placed over all exposed waste no less frequently than at the end of each operating day.

(d) Cover materials shall be placed over all exposed waste at a minimum thickness of 6-inches, except for geosynthetic tarps and alternate daily cover materials approved with a different thickness in accordance with Env-Sw 314 or Env-Sw 315.

(e) Subject to the requirements in (b) above, the following materials shall be approved as working face cover material:

(1) Natural soils; and

(2) The following alternate daily cover materials, provided that use of the material is approved as part of the facility operating plan or approved via a permit modification pursuant to Env-Sw 315:

a. Geosynthetic tarps;

b. Casting sands;

c. A waste certified for distribution and use as landfill cover pursuant to the provisions of Env-Sw 1500 prior to the 2024 readoption of this chapter;

d. A waste approved for distribution and use as landfill cover pursuant to the provisions of Env-Sw 806.03(f); and

e. Contaminated soil, subject to the requirements of Env-Sw 903.05.

(f) Prior to using an alternate daily cover material in accordance with (e)(2)d. above, the permittee shall:

(1) Obtain approval of a demonstration project meeting the requirements in (g) and (h) below pursuant to the permit modification process in Env-Sw 315;

(2) Submit a report meeting the requirements of Env-Sw 806.03(h) to the department documenting the results of the demonstration project; and

(3) Obtain approval of the alternate daily cover pursuant to the permit modification process in Env-Sw 315.

(g) A demonstration project shall be conducted for a period of no less than 60 days.

(h) The demonstration project required by (f) above shall include the following information:

(1) The proposed cover material type and name;

(2) Specifications for the material and, if available, a safety data sheet (SDS);

(3) Test methodology, including procedures for placement and evaluation;

(4) A contingency plan for the use of natural soils or geosynthetic tarps if the alternate material cannot be used, is not available, or is not performing adequately;

(5) Analytical characterization testing; and

(6) Any available documentation of the material’s use at other landfills which addresses the material’s performance and regulatory status.

(i) Following completion of the demonstration project in (f) above, the permittee shall submit a report to the department that includes:

(1) The proposed cover material type and name;

(2) The results of the project, including an assessment of;

a. The performance of the material for each criterion listed in (a) above; and

b. Whether the material meets the requirements in (a) and (b) above; and

(3) A determination as to whether the material is suitable for use as cover material and recommendations for its use as cover material, including:

a. The material specifications for acceptance; and

b. The weather conditions during which the material can or cannot be used.

(j) A permittee may rely on a demonstration project completed by others when seeking a permit modification in accordance with Env-Sw 315, provided such demonstration project meets the requirements of (g) and (h) above.

(k) At landfills receiving MSW, an intermediate cover shall be placed over all waste no later than 90 days following the last day waste was added to the area and shall consist of at least:

(1) Twelve inches of soil, which may contain regulated contaminants at concentrations that do not exceed the soil remediation standards specified in Env-Or 606.19; or

(2) A temporary geomembrane cap underlain by 6 inches of soil that may contain regulated contaminants at concentrations that do not exceed the soil remediation standards specified in Env-Sw 606.19.

(l) At landfills receiving MSW, a final cap system designed pursuant to Env-Sw 805.10, shall be constructed within 5 years of achieving final grade in any phase or portion of the landfill, unless an alternative schedule is approved in accordance with Env-Sw 314 or Env-Sw 315 based on information provided in the application which demonstrates:

(1) The intermediate cover used will meet the performance standards in Env-Sw 805.10(a) for the duration of time requested in the alternative schedule; and

(2) The alternative schedule for placing final cap will not result in problems relating to the conditions identified in Env-Sw 1005.01(d).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.04 Operating Standards for Groundwater and Surface Water Monitoring {#sec-env-sw-806.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.04}

A water quality monitoring program shall be implemented at all landfills, if required pursuant to the provisions of RSA 485-C.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.05 Leachate Management Requirements {#sec-env-sw-806.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.05}

(a) The quantity of leachate generated at the facility shall be limited to the greatest extent practicable, by properly planning the sequenced development of the facility, properly managing stormwater infiltration and inflow, minimizing the active area of the landfill, and applying cover in accordance with Env-Sw 806.03.

(b) All leachate generated at a lined landfill shall be managed:

(1) To prevent releases to the environment; and

(2) By collecting and removing it from the liner system(s) to an approved treatment or disposal facility as described in (c) through (h), below; or

(3) Pursuant to an approval to use an innovative alternative leachate management system as described in (i) through (o), below.

(c) A leachate management plan shall be developed, included in the facility’s operating plan, and implemented at all lined landfills, based on the following criteria:

(1) Routine facility operations, including operations during the 50-year/24-hour storm event, shall not result in more than one foot of hydraulic head on the liner system(s);

(2) No less than 2 locations for leachate treatment or disposal shall be available by written agreement to manage the quantity of leachate generated by the facility during its active life, except as provided in (3) below;

(3) Facilities that are directly connected to a permitted wastewater treatment facility need only to provide one location for leachate management, other than the connected treatment facility; and

(4) A pumping and removal schedule to assure the availability of storage capacity.

(d) The recirculation of leachate shall be prohibited at ash monofills.

(e) At MSW landfills, leachate recirculation shall be allowed if approved by the department subject to (f) below, as part of the facility's operating plan prepared pursuant to Env-Sw 1105.

(f) The practice of leachate recirculation shall:

(1) Not adversely affect the quality of the leachate so as to preclude its acceptance at waste water treatment facilities listed in the leachate management plan;

(2) Not cause the facility to operate in excess of 12 inches of hydraulic head on the liner under routine operations including the 50-year/24 hour storm event;

(3) Not result in a loss of structural stability;

(4) Not be adversely affected by weather conditions, such as freezing temperatures or periods of heavy rainfall; and

(5) Provide a benefit to facility operations, exclusive of any short or long-term economic benefit which might be associated with postponing leachate collection and removal.

(g) Storage capacity shall be required to contain the leachate generated by the precipitation from the 100-year storm event in accordance with Env-Sw 805.06.

(h) Regularly scheduled inspections and routine maintenance of the leachate collection and removal systems, including backup equipment, shall be conducted to limit clogging of the systems and to otherwise assure the functional integrity of the systems.

(i) The permittee of a landfill having a leachate collection system designed and constructed to maintain less than a 30-cm depth of leachate on the liner may apply for approval to use innovative alternative leachate management methods which vary from the requirements of (a) through (h), above, and the run-on control systems in 40 CFR 258.26(a)(1), May 10, 2016, or the liquids restrictions in 40 CFR 258.28(a), May 10, 2016, or both.

(j) Prior to implementing any innovative alternative leachate management method, the permittee shall apply for permit modification as specified in Env-Sw 315.

(k) The department shall not approve an application for an innovative alternative leachate management method unless the permittee demonstrates that the innovative alternative method will not cause contamination of groundwater or surface water, or cause leachate depth on the liner to exceed 30 cm.

(l) Any permit modification issued pursuant to (k), above, shall include such terms and conditions as are necessary to ensure that the innovative alternative leachate management method is at least as protective as the leachate management methods otherwise required by (a) through (h), above, including but not limited to conditions relating to monitoring and testing the efficacy and performance capabilities of the innovative alternative technology or process and reporting on the efficacy and performance capabilities of the innovative alternative method.

(m) A permit modification issued pursuant to (k), above, shall be valid for 3 years, subject to the following:

(1) The permittee shall maintain compliance with all terms and conditions of the permit, the solid waste rules, and 40 CFR 258.4, May 10, 2016;

(2) If such compliance is not maintained, the permit modification shall be terminated or other corrective measures shall be ordered, in accordance with 40 CFR 258.4(d), May 10, 2016;

(3) If the permittee wishes to continue using the innovative alternative method beyond the term of the permit modification, the permittee shall apply for renewal at least 90 days prior to the expiration of the modification by submitting a written renewal application and a report, including supporting data, which documents the efficacy and performance capabilities of the innovative alternative method; and

(4) The department shall renew the modification to allow continued use of the innovative alternative method if:

a. The permittee demonstrates that the innovative alternative method is effective in preventing contamination of groundwater or surface water and that leachate depth on the liner has not exceeded 30 cm; and

b. The permittee is in compliance with all terms and conditions of the permit, the solid waste rules, and 40 CFR 258.4, May 10, 2016.

(n) A renewal under (m), above, shall be valid for 3 years, provided however that the total term for an innovative alternative method including renewals shall not exceed 12 years.

(o) The limitations in 40 CFR 258.4(f), May 10, 2016, relative to small MSWLF units shall apply.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.05); amd by #9695, eff 4-22-10; ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.06 Stormwater Management Requirements {#sec-env-sw-806.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.06}

The permittee shall grade the site to redirect run-on and run-off away from the active face of the landfill, reduce the amount of leachate generated, and reduce the potential for erosion, in accordance with Env-Sw 805.09.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.06); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.07 Decomposition Gas Control Requirements {#sec-env-sw-806.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.07}

(a) Decomposition gases shall be controlled to prevent hazards to health, safety, or property.

(b) Facility operations and construction shall not cause the concentration of methane and other explosive gases to:

(1) Exceed 25 percent of the lower explosive limit for gases in structures on or off-site, excluding leachate collection and gas control and recovery components; and

(2) Exceed 50 percent of the lower explosive limit for the gases at and beyond the property boundary within the soil.

(c) To assure that the requirements in (a) and (b) above are met, a monitoring program shall be designed, included in the facility’s operating and closure plans, and implemented by the permittee in accordance with Env-Sw 805.18.

(d) The type, location, and frequency of monitoring shall be based on the following factors:

(1) Soil conditions;

(2) The hydrogeological and hydraulic conditions surrounding the disposal area; and

(3) The location of any man-made structures and property boundaries.

(e) If methane or other explosive gases are detected above the limits specified in (b) above, the permittee shall notify the department immediately in accordance with the incident reporting requirements in Env-Sw 1005.09 and implement contingency procedures to ensure the protection of public health and safety.

(f) A decomposition gas management program shall be implemented by the permittee under the provisions of the facility’s approved operating plan and closure plan to assure that the facility complies with the federal clean air act and state air quality standards.

(g) A written plan for confined space entry, based on the standards specified by Federal Occupational, Safety and Health Administration (OSHA) requirements in 29 CFR 1910.146, shall be prepared and implemented as part of facility operations.

(h) For landfills with active gas extraction systems, the permittee shall maintain authority for complete operational control of any and all gas extraction wells and blower systems, together with at least one mechanism for destroying the gas.

(i) The permittee may transmit landfill gas collected using an active gas extraction system to other locations for use as fuel, provided the permittee complies with all federal, state, and local requirements that apply to the method by which the gas is transmitted.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.07); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.08 Inspections, Maintenance, Monitoring, Reporting, and Recordkeeping Requirements {#sec-env-sw-806.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.08}

(a) This section establishes requirements, in addition to those requirements specified in Env-Sw 1000 and Env-Sw 1100, for inspecting, maintaining, and monitoring landfills which have not undergone closure pursuant to an approved closure plan, and specifies the reporting and recordkeeping requirements related thereto.

(b) Unless otherwise specified, the word “daily” as used in this section shall mean on each operating day.

(c) The permittee shall regularly inspect and maintain all facility components, including:

(1) Roads;

(2) Berms;

(3) Active and inactive filling areas;

(4) Pipes;

(5) Vaults;

(6) Valves;

(7) Tanks;

(8) Ponds;

(9) Equipment;

(10) Temporary, intermediate, and final cover;

(11) Permanent and temporary fencing;

(12) Groundwater monitoring wells;

(13) Gas management and monitoring devices; and

(14) Electric panels, switches, relays, alarms, and automatic dialers.

(d) At least once weekly, litter shall be collected from fences, roadways, trees, and other areas, and stored or disposed.

(e) Leachate management systems shall be monitored, and the data reviewed by the permittee and recorded in the facility operating records, as follows:

(1) The hydraulic head elevation on the liner shall be measured at the low point of a cell, phase, or stage where leachate is collected, and recorded:

a. At least once per month;

b. After each storm event greater than or equal to the 2-year/24-hour storm; and

c. If the hydraulic head is found to be 12 inches or greater, daily until the hydraulic head is less than 12 inches;

(2) The quantity of leachate collected off the liner systems and transported off-site or treated shall be measured daily, and the destination recorded;

(3) Flow in the secondary leachate collection system(s), shall be measured and recorded:

a. At least once per week; and

b. More frequently when required to complete the reporting pursuant to (n) below;

(4) The average flow in the secondary leachate collection system(s) occurring during the 30-day operating period preceding the last measurement shall be calculated, recorded, and, when required pursuant to (l) below, reported;

(5) Analytical characteristics, based on representative samples taken from the primary leachate collection system in April, July, and November, and, if liquid is present, from the secondary leachate collection system in July, shall be determined for the following parameters:

a. pH;

b Temperature;

c. Chemical oxygen demand (COD);

d Specific conductance;

e. Iron;

f. Manganese;

g. Sulfates;

h. Chlorides;

i. Chromium;

j. Lead;

k. Cadmium; and

l. Except for ash landfills, volatile organic compounds (VOCs);

(6) Analytical characteristics, based on representative samples taken from the primary leachate collection system in July, shall be determined for the following additional parameters:

a. Per- and polyfluoroalkyl substances (PFAS) as determined by EPA Method 1633;

b. Total solids (TS);

c. Total volatile solids (TVS);

d Total suspended solids (TSS);

e. Volatile suspended solids (VSS);

f. Five-day biochemical oxygen demand (BOD5);

g. Total Kjeldahl nitrogen (TKN);

h. Ammonia-nitrogen (NH3-N);

i. Total phosphorous;

j. Alkalinity;

k. Grease; and

l. Linear alkylbenzene sulfonate (LAS); and

(7) The liquid level in the leachate storage tanks shall be measured on a daily basis at facilities not connected to a wastewater treatment facility and on a weekly basis at facilities connected to a wastewater treatment facility.

(f) Landfill gas concentrations shall be measured no less than quarterly and in accordance with Env-Sw 806.07.

(g) Groundwater and surface water quality monitoring systems shall be monitored, and the data reported as required pursuant to RSA 485-A or RSA 485-C, as applicable.

(h) Where electronic monitoring and recording systems are used, including supervisory control and data acquisition systems, the maximum value identified by the system for the subject monitoring period shall be used for purposes of monitoring, recording, and reporting data in accordance with this part.

(i) Permittees shall file quarterly and annual reports in accordance with Env-Sw 303, according to the following schedule:

(1) Quarterly reports shall be filed no later than 30 days following the end of the quarterly reporting period;

(2) Annual reports shall be filed no later than March 31 of the year following the calendar year being reported; and

(3) For facilities managing putrescible wastes, annual odor control evaluations shall be filed no later than August 31 of the year following the year being reported, which reporting year shall be July 1 through June 30.

(j) The quarterly report shall include:

(1) The name and permit number of the reporting facility;

(2) The data specified by (d) and (e) above, excluding leachate analytical data required by (d)(5) and (d)(6);

(3) Quantity and type of waste received by the facility daily, in tons;

(4) Data units for each type of data reported;

(5) Reporting period or dates the data was collected, for each type of data reported;

(6) Monthly and quarterly subtotals for each type of data reported;

(7) A summary of complaints received, and mitigation measures taken relative to each complaint; and

(8) A summary of leachate breakouts, including a site plan showing the approximate location(s), and actions taken to address the breakout.

(k) The leachate analytical data required pursuant to (e)(5) and (e)(6), above, shall be compiled, evaluated, and filed in accordance with Env-Sw 303, no later than 60 days following receipt of analytical results.

(l) Annual reports shall:

(1) Be prepared as specified by Env-Sw 1105.13 and Env-Sw 1105.14, as applicable; and

(2) Include:

a. A summary of the facility inspection and maintenance activities;

b. An analysis of remaining capacity based on a site survey which identifies the remaining facility capacity;

c. A 5-year trend analysis of changes in flow rates for primary and secondary leachate systems; and

d. A 5-year trend comparison of the leachate indicator parameters of chloride, nitrate, TKN, iron, and manganese in the primary leachate system to the same leachate indicator parameters in the secondary leachate system.

(m) An annual odor control evaluation shall include:

(1) Facility description, including a description of the landfill gas collection and control system, and facility changes since the previous reporting year;

(2) A review and evaluation of odor control practices and measures employed by the facility during the reporting period, including:

a. A comparison of those practices with industry standard and best practices;

b. A review of odor control methods used at the facility specifically including but not limited to control measures employed for areas used to stage trucks waiting to off-load, the working face, locations under construction, and locations without final cap; and

c. An assessment of the effectiveness of odor control measures based on an evaluation of records compiled for odor events including sludge, construction related odors, landfill gas odors, leachate odors, and control methods used;

(3) A landfill gas collection system analysis, including system design and development, for example, phased installation, system and well field coverage, system design, and landfill gas collection, recovery, and efficiency;

(4) Odor complaint analysis and summary, including geographical trends, weather-related trends, temporal trends, such as, time-of-day, seasonal, waste composition trends, working face location trends, landfill cover trends, and landfill gas system function trends;

(5) Conclusions and recommendations, including such relative to daily and routine operations, landfill gas system operations, leachate management practices, construction practices, and odor complaint reporting and response procedures;

(6) An implementation plan, including dates by which the permittee has already or shall timely implement the recommendations;

(7) A status update regarding the implementation of recommendations in prior odor control evaluation reports; and

(8) Figures, tables, and attachments, including a site locus map, a gas extraction well location plan, a figure showing odor complaints by location, figures showing graphical trends of landfill gas and waste composition data relative to odor complaints and weather, tables summarizing final cover installation and daily cover use as well as annual odor complaints and surface emissions monitoring results, and logs of odor complaints and waste loads rejected due to odors.

(n) The following reporting requirements shall apply to the average secondary leachate collection system flow rates occurring over a 30-day period:

(1) Rates less than or equal to 25 gallons per tributary acre per day shall be reported to the department in accordance with (h) above;

(2) Rates which exceed 25 gallons per tributary acre per day shall be reported to the department in accordance with Env-Sw 1005.09, except for flow which the department agrees is the result of the dewatering of the drainage layer following construction; and

(3) Rates which exceed 50 gallons per tributary acre per day shall:

a. Be reported to the department in accordance with Env-Sw 1005.09; and

b. Require the permittee to submit to the department a report of the investigation into the cause(s) of the rate exceedance(s) and a response action plan within 60 days of submitting the report required by a. above.

(o) The response action plan required by (n)(3) above:

(1) Shall include:

a. Confirmation of the source and cause(s) of the increase in flow;

b. Response actions to address the cause(s); and

c. A schedule for implementing the response action plan; and

(2) May include but is not limited to the following response actions necessary to remedy the likely cause of the problem:

a. Increasing monitoring and reporting;

b. Instituting operational changes to limit hydraulic head on the overlying liner;

c. Locating and repairing leak(s);

d. Retrofitting the overlying liner; or

e. Closing part or all of the facility.

(p) Upon receipt of solid waste by a landfill, the permittee shall obtain a written statement bearing the signature or electronic equivalent of the transporter certifying that the following information is true and correct to the best of the transporter’s knowledge and belief:

(1) The printed or typed name and mailing address of the person delivering the solid waste;

(2) The date of delivery;

(3) A declaration of the total number of tons of solid waste being delivered to the facility; and

(4) The point of origin of the waste contained in each load, identified by individual state, and number of tons from that state.

(q) Destruction of facility records or electronic storage of facility records shall not occur unless approved pursuant to the provisions for a permit modification in accordance with Env-Sw 315.

(r) The landfill owner shall attach notification to the property deed that a landfill exists on the property and cause the notification to be recorded at the registry of deeds in the county where the property is located within 30 days of commencing operations.

(s) Proof of notification of filing pursuant to (p) above shall be provided to the department by the permittee within 30 days of commencing placement of waste.

(t) Notification pursuant to (p) shall include the following information:

(1) A statement that a landfill exists on this property;

(2) Identification of the book and page numbers in the registry of deeds where title to the property is recorded;

(3) Identification of the property tax map and lot numbers as identified by the political subdivision in which the facility is located;

(4) Latitude and longitude of a known fixed point at the landfill site; and

(5) The facility name, permit number, and standard permit issuance date.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.08); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.09 Other Operating Standards {#sec-env-sw-806.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.09}

(a) Equipment for spreading, compacting, and covering solid wastes under all anticipated weather conditions shall be available and in operating condition at all times.

(b) Auxiliary equipment shall be available and maintained in operational condition.

(c) Salvaging of solid waste shall be controlled so as not to interfere with landfill operations and not to harbor vectors or otherwise result in violating the universal facility requirements in Env-Sw 1000.

(d) Salvaging that constitutes landfill reclamation shall be subject to Env-Sw 808.

(e) The permittee shall investigate the occurrence of flow rate in the secondary leachate collection system that exceeds 50-gallons per tributary acre per day and which cannot be reasonably attributed to the dewatering of the drainage layer following construction.

(f) The permittee shall post on its facility website a “contact us” form or a specific telephone number and email address for the public to use to submit questions and issues relating to the facility.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.09); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.10 Construction and Demolition Debris Landfill Operating Requirements {#sec-env-sw-806.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.10}

Landfills receiving construction and demolition debris shall comply with the operating standards set forth in this part and in Env-Sw 805.14.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.10); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.11 Asbestos Waste Landfill Operating Requirements {#sec-env-sw-806.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.11}

Landfills receiving asbestos shall operate in compliance with Env-Sw 901, this part, and Env-Sw 805.15.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.11); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 806.12 Prohibitions {#sec-env-sw-806.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 806.12}

The following wastes shall not be landfilled:

(a) Untreated infectious waste;

(b) Contained gaseous waste;

(c) Liquid wastes

(d) Wet cell batteries, and after June 30, 2025, lithium-ion batteries, and electronic devices, pursuant to RSA 149-M:27, II;

(e) Leaf or yard waste, except as provided in RSA 149-M:27, III;

(f) Video display devices, central processing units from computers, or non-mobile video display media recorders or players, pursuant to RSA 149-M:27, IV;

(g) Food waste after January 31, 2025, pursuant to RSA 149-M:27, V;

(h) Mercuric oxide batteries, pursuant to RSA 149-M:28, IV; and

(i) Mercury-added products, pursuant to RSA 149-M:58, I.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.12); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Part Env-Sw 807 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 807.01 Applicability {#sec-env-sw-807.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.01}

(a) The rules in this part shall apply to closure of all landfills, except:

(1) Facilities that have closed in accordance with a department-approved closure plan and have achieved the performance standards in Env-Sw 807.04;

(2) Permit-exempt facilities, operated and closed in compliance with the exemption;

(3) Permit-by-notification facilities having an active life of 90 days or less, which have operated and closed in compliance with the permit-by-notification;

(4) Research and development permit facilities as provided by Env-Sw 312.02(b); and

(5) Emergency permit facilities as provided by Env-Sw 313.02(b).

(b) The closure requirements in this part shall apply as the complement of the closure requirements in Env-Sw 1006 for all facilities, Env-Sw 1106 for facilities having an active life longer than 90 consecutive days, and, depending on the type of waste managed, Env-Sw 900.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 807.02 Closure Scheduling {#sec-env-sw-807.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.02}

(a) Except as noted in (b) below, a landfill which has operated in compliance with its permit shall be subject to closure on a schedule specified in the permit based on the facility capacity and life expectancy.

(b) A landfill which holds a temporary permit shall be subject to closure on a schedule determined pursuant to Env-Sw 307.

(c) Other circumstances which shall provide cause for closure shall be as specified in Env-Sw 1006.01.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 807.03 Landfill Closure and Post-Closure Requirements {#sec-env-sw-807.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.03}

(a) Landfills shall be closed in accordance with an approved closure plan.

(b) Subject to (c), below, landfill closure and post-closure activities shall involve all activities required at a facility to achieve the performance standards in Env-Sw 807.04, including:

(1) Terminating active use of the facility;

(2) At unlined landfills, investigating the extent of waste to groundwater contact zones, if any, and if required under RSA 485-C:

a. Removing the waste out of groundwater; or

b. Lowering the groundwater table;

(3) Consolidating landfilled waste within the permitted footprint, grading slopes, and otherwise configuring the facility for acceptance of a capping system that meets the requirements of Env-Sw 805.10;

(4) Constructing and maintaining a capping system at the facility which meets the standards set forth in Env-Sw 805.10;

(5) Constructing, operating, and maintaining a stormwater management system for the capped facility and site so as to redirect run-on and run-off away from the cap of the landfill, reduce the amount of leachate generated, and reduce the potential for erosion in accordance with the standards set forth in Env-Sw 805.09 and Env-Sw 806.06;

(6) Operating and maintaining the facility's leachate management system in accordance with Env-Sw 806.05 and in accordance with a schedule specified in the approved post-closure care plan;

(7) Operating, maintaining, and monitoring the facility’s leak detection system(s) in accordance with the provisions of the approved post-closure care plan;

(8) Constructing, operating, and maintaining the facility’s groundwater and surface water monitoring system and implementing the facility’s approved post-closure groundwater and surface water monitoring program in accordance with RSA 485-C;

(9) Constructing, operating, and maintaining the facility's decomposition gas control and migration monitoring systems as applicable, in accordance with Env-Sw 805.18 and Env-Sw 806.07;

(10) Monitoring settlement, both by visual inspection and by topographic survey using established control points, and making related repairs to the facility as needed including the repair of areas where settlement exceeds the capping system’s design tolerances and the repair of areas where settlement results in the loss of positive drainage;

(11) Providing control of access to the facility in accordance with Env-Sw 1103 and to facilitate compliance with the performance standards provided in Env-Sw 807.04 and to otherwise limit threats to public health, safety, and the environment;

(12) Providing financial assurance for the cost of post-closure monitoring, in accordance with Env-Sw 1400;

(13) Meeting all requirements in Env-Sw 807.05 and filing all reports with the department in accordance with Env-Sw 1105.14; and

(14) Undertaking any other activities, including repair and remedial activities, as necessary to achieve compliance with Env-Sw 807.04.

(c) Maintaining a closed landfill or any component thereof shall include all inspection, monitoring, and repair work required to satisfy the performance standards in Env-Sw 807.04 and the reporting requirements in Env-Sw 807.05.

(d) For landfills existing prior to October 29, 1997 and located on property not owned by the permittee, the permittee shall obtain legal rights of access to the property prior to facility closure for the purpose of meeting all required closure and post-closure obligations at the facility in accordance with the solid waste rules. Such legal rights of access shall be for a period of not less than 99 years.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 807.04 Performance Standards {#sec-env-sw-807.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.04}

The permittee shall implement an approved closure plan requiring that:

(a) The facility and site effectively cease generating leachate;

(b) The facility and site effectively cease generating decomposition gases;

(c) The facility and site achieve maximum settlement, with the capping system intact and no reasonable expectation that integrity of the capping system will be at risk without regular maintenance;

(d) The facility and site have no adverse impact to air, groundwater, or surface water; and

(e) The facility and site do not otherwise pose a risk to human health or the environment.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 807.05 Post-Closure Care and Reporting Requirements {#sec-env-sw-807.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.05}

(a) The post-closure period of a landfill shall be the period required to demonstrate the facility has achieved the performance standards specified in Env-Sw 807.04.

(b) During the post-closure period, the permittee shall have specific obligations to regularly inspect, monitor, and maintain the facility in conformance with the solid waste rules based on the provisions of a post-closure care plan.

(c) Subject to (d) below, solely for the purposes of determining financial assurance requirements, the post-closure period for landfills shall be 30 years from the date the complete capping system is installed, or the date of the last most recent estimate obtained by the permittee as required by Env-Sw 1405.02, whichever is later.

(d) The post-closure period shall be subject to periodic adjustment by implementing the permit modification procedures in Env-Sw 306 and Env-Sw 315 as follows:

(1) In the event that post-closure monitoring data or other available information provides an indication that the required performance standards are unlikely to be achieved during the approved post-closure monitoring period:

a. The permittee shall identify the likely cause(s) in a report to the department; and

b. Depending on the cause(s), the department shall adjust the post-closure monitoring period or require the permittee to implement repair or remedial closure or post-closure work, pursuant to the permit modification procedures in Env-Sw 306; or

(2) In the event the permittee believes that post-closure monitoring data and other available information provides sufficient evidence that the required performance standards are achieved at the facility, the permittee may submit an application for permit modification pursuant to Env-Sw 315 to request an appropriate reduction in the post-closure period for the facility.

(e) A detailed post-closure care plan shall be developed and implemented by the permittee to assure compliance with Env-Sw 807.03, Env-Sw 807.04, Env-Sw 1106, and this section. The plan shall be a condition of the facility’s permit.

(f) All facility systems shall be thoroughly monitored and inspected on a schedule that is initially the same as required of operating facilities in Env-Sw 806.08.

(g) The permittee may request a decrease in the frequency of monitoring and inspections based on a favorable comparison of the performance expectations and actual performance but in no case shall inspections occur less than semi-annually.

(h) Inspections shall:

(1) Be conducted twice annually, one conducted in the period between January 1 and June 30, and the other conducted in the period between July 1 and December 31;

(2) Be conducted at a minimum of 3 months apart; and

(3) Be recorded and the report submitted to the department within 30 days following completion of inspection.

(i) Pursuant to Env-Sw 1105.14, the permittee shall file an annual report with the department including an assessment of whether the facility is achieving the performance requirements in Env-Sw 807.04.

(j) The permittee shall notify the department in accordance with Env-Sw 1005.09 when facility damage, malfunction, or sub-standard performance occurs at the facility.

(k) Following completion of the capping system construction, the permittee shall file record drawings for the closed facility in accordance with Env-Sw 1104.07.

(l) Unless previously performed under Env-Sw 806.08(r), the permittee shall attach notification to the property deed that a landfill exists on the property and cause the notification to be recorded at the registry of deeds in the county where the property is located.

(m) Proof of notification filing pursuant to (l) above shall be provided to the department by the permittee with the submission of record drawings pursuant to (k) above.

(n) Notification pursuant to (l) shall include the following information:

(1) A statement that a landfill exists on this property;

(2) Identification of the registry of deeds, book, and page numbers where title to the property is recorded;

(3) Identification of the property tax map and lot numbers as identified by the political subdivision in which the facility is located;

(4) Latitude and longitude of a known fixed point at the landfill site;

(5) Description of the facility, including size, type of wastes received, type of liner if any, and type of cap;

(6) Description of closure implemented, and identification of the permit issued by the department under which closure occurred, including a statement that the permit might contain certain legal obligations regarding the site;

(7) A statement that any future change in use shall be subject to review and approval by the department pursuant to Env-Sw 807.06;

(8) A statement that post-closure use of the property shall not disturb the integrity of the final cover, liners, or any other components of the containment systems or the function of the monitoring systems unless approved by the department via the applicable permit or permit modification as specified in Env-Sw 311 through Env-Sw 315; and

(9) A statement that access shall be assured to department inspection personnel and the permittee for monitoring and maintenance purposes.

(o) The permittee shall implement such repairs or remedial activities as necessary to assure compliance with the performance standards set forth in Env-Sw 807.04 and other requirements of this chapter.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 807.06 Post-Closure Use {#sec-env-sw-807.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 807.06}

(a) The permittee shall obtain department approval, via the permit modification procedures in Env-Sw 315, for any post-closure use or activity at the site not specifically approved in the facility’s permit.

(b) A post-closure use shall not increase the potential hazards to public health, safety, and the environment from the closed landfill.

(c) A post-closure use shall not preclude access to components of the landfill closure system for purposes of inspection, maintenance, monitoring, and repair.

(d) A post-closure use shall not cause damage to any component of the landfill closure system as specified in Env-Sw 1004.04.

(e) If damage occurs to any component of the landfill closure system during post-closure use, the damage shall be repaired in a timely manner and the incident reported to the department in accordance with Env-Sw 1005.09.

(f) Residential and commercial buildings, except buildings used for landfill operation, maintenance, and post-closure care, shall be prohibited on top of or within 100 feet of the landfill footprint or property line, whichever is less.

(g) The following information shall be included with the application for permit modification for post-closure use:

(1) A description of the proposed post-closure use;

(2) The intended start date of the proposed post-closure use or activity, and the proposed duration;

(3) A site plan showing the proposed location(s) of post-closure use and existing components of the landfill closure systems, including monitoring points;

(4) Post-closure use design plan(s);

(5) Record drawings of landfill closure systems located within 100 feet of the post-closure use or activity;

(6) An updated post-closure care plan as specified in Env-Sw 807.05(e);

(7) An evaluation of the available environmental monitoring data and other information pertaining to the facility conditions and the proposed post-closure use including a statement by a qualified professional engineer identifying whether the proposed post-closure use will meet the requirements of (b) above;

(8) A plan for the repair of any disturbance or damage to the landfill and associated infrastructure, including the capping system;

(9) A plan for the protection of all existing landfill components including liners, leachate collection piping, gas recovery systems, stormwater systems, and other landfill infrastructure present;

(10) Updated financial assurance plan in accordance with Env-Sw 1400; and

(11) Certification, signed by the applicant, that the proposed activity shall not adversely affect the post-closure care of the landfill.

(h) Post-closure use requiring construction shall follow the applicable requirements of Env-Sw 1104.

(i) Following termination of a post-closure use or activity, the facility shall be restored to conditions that existed prior to commencing the post-closure use.

History

• #14156, eff 12-21-24

Part Env-Sw 808 Landfill Reclamation

N.H. Code Admin. R. Ann. Env-Sw 808.01 Applicability {#sec-env-sw-808.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.01}

The rules in this part shall apply to facilities where landfill reclamation activities occur.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2508.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.02 Pre-Requisites for Landfill Reclamation {#sec-env-sw-808.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.02}

(a) Prior to conducting landfill reclamation activities, the permittee shall:

(1) Obtain approval of a feasibility study scope-of-work meeting the requirements in Env-Sw 808.03(b) pursuant to the standard permit process in Env-Sw 314 or the permit modification process in Env-Sw 315;

(2) Submit a report meeting the requirements of Env-Sw 808.03(c) to the department documenting the results of the feasibility study;

(3) Obtain approval of a landfill reclamation work plan meeting the requirements of Env-Sw 808.04 pursuant to the permit modification process in Env-Sw 315; and

(4) After complying with (1) through (3) above, receive approval from the department to commence reclamation activities.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2508.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.03 Feasibility Study {#sec-env-sw-808.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.03}

(a) The permittee shall complete a feasibility study prior to seeking approval to conduct any landfill reclamation activities.

(b) The scope-of-work for the feasibility study shall include:

(1) The reclamation project goals;

(2) Provisions for a review of existing background information to include:

a. Site inspections and personnel interviews;

b. Operating history and waste receipt records;

c. Analytical data and engineering records; and

d. Permittee, facility owner, property owner, facility operator, host municipality, host solid waste district, and department records;

(3) A proposed field investigation to include:

a. A site plan showing the location of all proposed work areas;

b. The proposed number and location of all test borings, trenches, and test pits, and their estimated depth and volume;

c. A description of all excavation and materials handling operations;

d. A description of all material quantification methods, laboratory analyses, test burns, and other tests or methods that will be used to characterize and estimate the quantities of recyclable materials, soils, combustibles, and other reclaimed materials;

e. A plan for the repair of any disturbance or damage to the landfill and associated infrastructure, including the capping system and groundwater monitoring wells; and

f. A plan for the protection of all existing landfill components including liners, leachate collection systems, active or passive decomposition gas collection and control systems, stormwater management systems, and other landfill infrastructure;

(4) A proposed work schedule that includes the intended starting date of the field investigation and the discrete field activities to be performed; and

(5) A contingency plan as described in Env-Sw 808.05.

(c) No later than 90-days following completion of the field investigation, the permittee shall submit a report to the department documenting the results of the feasibility study which shall include the following:

(1) A summary of existing background information;

(2) The results of the field investigation, including:

a. The results of all sampling and analyses performed on excavated materials;

b. The logs of all excavations, including test pits and test borings, and a site plan showing the locations and identification of each such excavation; and

c. The composition and relative quantities of excavated materials, including recyclable materials, combustibles, soils, and other materials such as asbestos waste;

(3) An evaluation of the suitability of the excavated materials for reuse or recycling, the need for further processing and the expected final disposition of all materials reclaimed from the landfill as well as the final disposition of any waste materials not reclaimed;

(4) An assessment of potential landfill reclamation costs and if applicable following reclamation activities, the revised landfill closure costs estimated in accordance with Env-Sw 1400;

(5) Identification and assessment of the potential impacts associated with landfill reclamation, including potential pathways for nuisance conditions and off-site contamination, and methods for mitigating impacts associated with landfill reclamation; and

(6) An evaluation of the reclamation project goals and a determination if landfill reclamation is feasible at the subject facility.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2508.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.04 Landfill Reclamation Work Plan {#sec-env-sw-808.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.04}

(a) If landfill reclamation is determined to be feasible in accordance with Env-Sw 808.02, and prior to conducting landfill reclamation activities, the permittee shall obtain approval of a landfill reclamation work plan pursuant to Env-Sw 315.

(b) A landfill reclamation work plan shall include the following:

(1) A detailed plan for the management and control of odors, which specifically addresses measures to avoid the dispersion of offensive odors and includes provisions for work stoppage in the event planned odor control measures fail;

(2) A map showing the location of all buildings within 2,000 feet of the reclamation area and the direction of prevailing winds;

(3) A site plan which details the proposed reclamation area and delineates in plan and cross-sectional view the depth of excavation, proximity to the liner and leachate collection system, if any, other landfill structures and components, and the direction in which the landfill reclamation will progress;

(4) A description of the excavation and sorting procedures for all removed materials;

(5) A contingency plan in accordance with Env-Sw 808.05;

(6) A description of all procedures, including quality assurance and quality control provisions, for processing, testing, storage, removal, transfer, use, and disposal of excavated materials;

(7) Identification of any special waste handling procedures required during reclamation activities;

(8) A stormwater management and leachate management plan; and

(9) The procedure for site clean-up and grading after the reclamation with detailed drawings depicting original and final grades.

(c) If construction or reconstruction of landfill systems is required during or following reclamation activities, the permittee shall obtain approval of construction plans pursuant to the permit modification requirements of Env-Sw 315 and adhere to the construction requirements in Env-Sw 1104.

History

• #5172, eff 7-1-91; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2508.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.05 Site Safety and Contingency Plan {#sec-env-sw-808.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.05}

A site safety and contingency plan shall include the following:

(a) A description of actions to be taken with respect to personnel safety, on-site personnel injury, fires, explosions, landfill gases, dust, odor, noise, vectors, and excavation and release of hazardous substances or toxic materials;

(b) Hazard evaluation and protection from potential hazards, including engineering controls, personal protection equipment, and air monitoring techniques;

(c) Designation of exclusion, decontamination and support zones, decontamination procedures, on-site communication procedures, emergency procedures, and access control; and

(d) Designation of a qualified, full-time site health and safety coordinator.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2508.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.06 Reclamation Activities. {#sec-env-sw-808.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.06}

(a) Reclamation activities shall be approved as construction activities by the department in accordance with Env-Sw 1104.

(b) Reclamation activities shall be conducted by the permittee in accordance with the construction requirements of Env-Sw 1104.

History

• #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 808.07 Landfill Footprint Reduction {#sec-env-sw-808.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 808.07}

If reclamation activities result in a landfill footprint reduction, the areas from which wastes were not removed shall be subject to the closure requirements of Env-Sw 807.

History

• #14156, eff 12-21-24

Part Env-Sw 810 Permit-Exempt Landfills

N.H. Code Admin. R. Ann. Env-Sw 810.01 Purpose {#sec-env-sw-810.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.01}

The purpose of the rules in this part is to identify landfills which are permit-exempt, pursuant to Env-Sw 302.03.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.01); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.02 General Exemption Provisions {#sec-env-sw-810.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.02}

(a) The landfills described in this part shall be exempt from obtaining a permit, subject to the requirements in Env-Sw 810.03.

(b) A permit exemption shall not affect a person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals, or to comply with all other applicable federal, state, district, or local permits, ordinances, laws, or approvals or conditions pertaining to the permit-exempt activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.02); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.03 Exemption Conditions {#sec-env-sw-810.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.03}

All permit-exempt landfills identified in this part shall comply with the following requirements:

(a) A permit-exempt landfill shall not be located on property that is subject to any ongoing enforcement action by the department, unless approved by the presiding authority over the enforcement action, such as the department in an action commenced under Env-C 204, an environmental council over an administrative action appealed pursuant to RSA 21-O:14, or the judge in a civil action brought before a court of competent jurisdiction;

(b) A permit-exempt landfill shall not adversely affect the operation and closure of any existing facility;

(c) The owner of the property on which the facility is located shall be designated as the permittee and subject to all obligations related thereto;

(d) At all times during facility operations, the permittee shall maintain cover materials at the facility site in a sufficient quantity as to comply with the applicable cover requirements;

(e) During the active life of the facility, the permittee shall control access to the facility in a manner as to prevent unlawful dumping;

(f) The permittee shall close the facility in conformance with Env-Sw 1006 and the following:

(1) No less than 2 feet of clean, compacted soil, and more when specified by the rules in this part, shall be placed as final cover over all landfilled waste;

(2) Final cover shall be properly graded, seeded, and mulched to produce and sustain vegetative growth, or otherwise stabilized to prevent erosion;

(3) The permittee shall regularly inspect the facility to assure that the cover materials maintain their integrity, that voids and sink holes do not develop, and that the site is otherwise protective of the environment, public health and safety; and

(4) The permittee shall implement repairs or take other remedial action as necessary to achieve and maintain compliance therewith;

(g) The facility shall comply with all other requirements specified in Env-Sw 1000 and, depending on the type of waste managed at the facility, Env-Sw 900; and

(h) All waste managed at the facility shall be actively managed.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.04 On-site Asphalt and Masonry Debris Landfills {#sec-env-sw-810.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.04}

Asphalt and masonry debris buried at the waste generation site pursuant to Env-Wm 2510.04 as effective on October 29, 1997 shall not be required to be removed provided that:

(a) The facility buried the following waste types only:

(1) Fully cured asphalt, concrete, brick, cement, or other inert masonry materials substantially free of protruding reinforcing materials;

(2) Fully cured asphalt which is not ground or pulverized; or

(3) A combination thereof;

(b) The buried waste does not include 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, or chemicals;

(c) The waste was buried in a manner as to preclude the development of sink holes and to otherwise be protective of the environment, public health and safety; and

(d) The waste was buried at least 75 feet from all water supply wells and surface waters and at least 4 feet above the seasonal high water table and bedrock.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.04); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.05 Leachfield {#sec-env-sw-810.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.05}

Repair Residuals Landfills. Subject to Env-Sw 810.03, no permit shall be required to bury waste soil and stone from the repair or replacement of existing leaching fields regulated under Env-Wq 1000, provided that:

(a) The burial location shall be on the same property as the waste generation site;

(b) The buried waste shall be placed at least 4 feet above the seasonal high water table and bedrock; and

(c) The burial location shall meet the minimum separation distances for leach bed trenches required in Env-Wq 1008.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.06 Abandoned Underground Structures {#sec-env-sw-810.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.06}

Subject to Env-Sw 810.03, no permit shall be required to bury in place existing abandoned underground structures, such as foundation walls, footings, pipes, and culverts, provided that:

(a) The abandoned structure shall not include:

(1) Materials or substances that have the potential to leach contaminants to groundwater or surface water or to emit pollutants to the air;

(2) Treated wood;

(3) Insulation; or

(4) General construction and demolition debris;

(b) The abandoned structure shall not be a structure which is required by other rules or regulations to be removed;

(c) The structure shall be buried in a manner as to preclude the development of sink holes and to otherwise be protective of the environment, public health and safety; and

(d) The material used to fill and cover the structure shall not be a waste.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.06); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.07 Incidental Animal Burial {#sec-env-sw-810.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.07}

Subject to Env-Sw 810.03, no permit shall be required to bury a deceased animal, provided that:

(a) The person controlling the land where the animal is buried shall agree to the location of the grave site;

(b) The grave shall be covered with a sufficient quantity and depth of soil as to avoid disturbance of the burial site by other animals; and

(c) The grave site shall not constitute an animal burial ground as otherwise regulated under the provisions of Env-Sw 810.08.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.07); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.08 Animal Burial Grounds {#sec-env-sw-810.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.08}

Subject to Env-Sw 810.03, no permit shall be required to bury animal carcasses not regulated under Env-Sw 904.01(e) and not exempt pursuant to Env-Sw 810.07, provided that:

(a) The location shall be at least 100 feet from any property boundary or surface water, and shall not be located within the well head protection area of a community or non-transient, non-community water supply well system as delineated in the department’s source water protection area inventory;

(b) The buried material shall be placed at least 4 feet above the seasonal high water table and bedrock;

(c) The carcasses shall be covered with at least 3 feet of clean fill immediately following placement in the ground; and

(d) Written notification shall be provided to the state veterinarian in instances where 10 or more carcasses are buried.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.08); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

N.H. Code Admin. R. Ann. Env-Sw 810.09 Off-site Stump Dumps {#sec-env-sw-810.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 810.09}

Subject to Env-Sw 810.03, no permit shall be required to bury stumps and tree parts thereof received from off-site locations, provided that:

(a) The burial site is:

(1) At least 75 feet from any water supply well;

(2) At least 25 feet from any property line; and

(3) At least 4 feet above the seasonal high groundwater table;

(b) The stumps and tree parts thereof are buried in a manner as to preclude the development of sink holes and erosion of cover materials, and to otherwise be protective of the environment, public health and safety; and

(c) A notation is recorded in the chain of title for the property on which the burial site is located, to include the following information:

(1) A statement that the property has been used for the disposal of stumps and tree parts thereof;

(2) The date(s) the disposal activity took place;

(3) The location of the burial area(s), with sufficient specificity as to allow an independent third party to locate the area(s); and

(4) The estimated quantity of waste disposed on the property.

Appendix A

Rule Sections

State Statute(s) Implemented

Federal Regulations Implemented

Env-Sw 800 (see also specific sections listed below)

RSA 149-M:6, III; RSA 149-M:7, II, III, V, XIV,XVI; RSA 149-M:9

40 CFR 258

Env-Sw 806.05

RSA 149-M:6, III; RSA 149-M:7, II, III, XIV; RSA 149-M:9

40 CFR 258.4

Env-Sw 806.12

RSA 149-M:27, II, III, IV, V; RSA 149-M:28, IV; RSA 149-M:58, I

Appendix B

Rule

Title/ Date

Obtain at:

Env-Sw 805.03(d)(3)

Env-Sw 805.16(e)(1)d.

ASTM D698-12(2021): Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)) (July 2021)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $76): https://www.astm.org/d0698-12r21.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.03(d)(3)

Env-Sw 805.16(e)(1)d.

ASTM D 1557-12(2021): Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)) (July 2021)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $76): https://www.astm.org/d1557-12r21.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)a.

ASTM D6913/D6913M-17: Standard Test Methods for Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (February 2021)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $99): https://www.astm.org/d6913_d6913m-17.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)a.

ASTM D7928-21e1: Standard Test Method for Particle-Size Distribution (Gradation) of Fine-Grained Soils Using the Sedimentation (Hydrometer) Analysis (June 2021)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $99): https://www.astm.org/d7928-21e01.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)b.

ASTM D2434-22: Standard Test Methods for Measurement of Hydraulic Conductivity of Coarse-Grained Soils (April 2022)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $76): https://www.astm.org/d2434-22.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)c.

ASTM D4373-21: Standard Test Method for Rapid Determination of Carbonate Content of Soils (June 2021)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $69): https://www.astm.org/d4373-21.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)e.

ASTM D5084-24: Standard Test Methods for Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (August 2024)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically (Volume abstract is free, full content may be purchased for $119): https://www.astm.org/d5084-24.html

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

Env-Sw 805.16(e)(1)f.

ASTM D1587/D1587M-15: Standard Practice for Thin-Walled Tube Sampling of Fine-Grained Soils for Geotechnical Purposes (November 2015)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Available electronically:

Volume abstract is free: https://www.astm.org/d1587_d1587m-15.html

Withdrawn, but full content may still be purchased for $75: https://store.accuristech.com/standards/astm-d1587-d1587m-15?product_id=1909240#document

All ASTM Standards available online, amounts vary by volume: https://www.astm.org/products-services/bos.html

History

• #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.09); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24

Chapter Env-Sw 900 Management of Certain Wastes

Part Env-Sw 901 Asbestos

N.H. Code Admin. R. Ann. Env-Sw 901.01 Applicability {#sec-env-sw-901.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.01}

(a) The rules in this part shall apply to the management of asbestos waste, both friable and non-friable.

(b) The rules in this part shall apply to the management of material having the potential to be asbestos waste based on its visual appearance, form, function, and other available information, unless testing in accordance with the analytical procedures in 40 CFR 61 determines the waste to be non-asbestos based.

(c) The rules in this part shall apply to wastes and materials that are combined or mixed with asbestos waste.

(d) The rules of this part shall apply from the point of waste origination to the point of waste disposal.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.01); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.02 Collection, Storage, and Transfer Requirements {#sec-env-sw-901.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.02}

(a) Collection, storage, and transfer of asbestos waste shall be accomplished in a manner as to prevent the release of asbestos fibers to the environment, and in conformance with Env-Sw 400, 40 CFR 61, 29 CFR 1910, 29 CFR 1926, He-P 5000, Env-A 1800, and (b) through (f) below.

(b) Collected asbestos waste that is friable or exhibits friable characteristics shall be processed or treated in accordance with Env-Sw 901.03 prior to storage, transfer, or disposal.

(c) Collected asbestos waste shall be packaged and labeled in accordance with Env-Sw 901.06 prior to storage or transfer.

(d) Asbestos waste shall be stored only in areas:

(1) Restricted from public access;

(2) Protected from the elements, specifically including wind and water;

(3) Regularly monitored to assure site security; and

(4) Conspicuously posted with legible signs imprinted with the following:

a. “Danger”;

b. “Asbestos waste storage area”;

c. “Dust, cancer and lung disease hazard”; and

d. “Authorized personnel only.”

(e) The permittee shall notify local fire officials as to the establishment and location of an asbestos storage facility requiring a standard permit to alert responding fire personnel of the potential hazard in the event of a fire.

(f) Asbestos waste shall be transferred only to facilities authorized to receive asbestos waste.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.02); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.03 Processing and Treatment Requirements {#sec-env-sw-901.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.03}

(a) Asbestos waste shall be processed or treated in accordance with Env-Sw 500 and this section, and in accordance with other applicable state rules and federal regulations including 40 CFR 61, 29 CFR 1910 and 1926, Env-A 1800, and He-P 5000.

(b) Prior to packaging, storage, or disposal, asbestos waste that is friable or exhibits friable characteristics shall be treated to limit the potential for release of asbestos fibers using one or more of the following methods in accordance with 40 CFR 61 and Env-A 1800:

(1) Spray with water or amended water;

(2) Cover with an encapsulant or sealant, using an airless or electrostatic sprayer if the material is hydrophobic; or

(3) Another method determined pursuant to Env-A 1800 to be functionally equivalent to the above, based on information submitted by the person responsible for the treatment.

(c) Facilities that process or treat asbestos waste shall collect, store, and transfer the waste in accordance with Env-Sw 901.02.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-; ss by #14067, eff 9-3-2405 (formerly Env-Wm 2601.03); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.04 Disposal Requirements {#sec-env-sw-901.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.04}

(a) Asbestos waste shall be landfilled at only an authorized facility, as defined in Env-Sw 102.21.

(b) Asbestos waste that is friable or exhibits friable characteristics shall not be landfilled prior to being:

(1) Treated in accordance with Env-Sw 901.03; and

(2) Packaged and labeled in accordance with Env-Sw 901.06.

(c) Facilities which landfill asbestos waste shall be equipped and staffed to manage the asbestos in conformance with the solid waste rules, including:

(1) Personnel protective equipment pursuant to Env-Sw 901.08(a);

(2) Staff trained pursuant to Env-Sw 901.08(a);

(3) Equipment for wetting asbestos; and

(4) Decontamination equipment.

(d) Prior to receiving asbestos waste, the landfill operator shall prepare a disposal area within the permitted footprint to allow the asbestos waste to be placed and immediately covered without release of asbestos fibers to the air and without direct contact between the asbestos waste and personnel and equipment.

(e) Containers of asbestos waste shall be unloaded at landfills in such a manner as to prevent:

(1) Release of asbestos fibers;

(2) Personal exposure to asbestos fibers; and

(3) Direct contact with asbestos fibers by personnel and equipment.

(f) Non-rigid containers which have been exposed to asbestos waste shall be disposed with the asbestos waste.

(g) Following placement in the disposal area, asbestos waste shall be immediately covered with at least 3 feet of non-asbestos waste or 18 inches of soil.

(h) An asbestos waste disposal facility shall compile records pursuant to 40 CFR 61, to include a map or diagram of the disposal area identifying the location, depth, area, and quantity of asbestos waste landfilled at the facility.

(i) Records specified by (h) above, shall be maintained in accordance with Env-Sw 1105.06.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.04); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.05 Reuse Requirements and Limitations {#sec-env-sw-901.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.05}

(a) Asbestos waste shall not be reused.

(b) Reuse of containers used for storage or transportation of asbestos waste shall comply with Env-Sw 901.06 (d) through (f).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.05); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.06 Transportation, Packaging, and Labeling Requirements {#sec-env-sw-901.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.06}

(a) Prior to storage, transportation, or disposal, asbestos waste shall be packaged and labeled in accordance with state rules and federal regulation, including as applicable, 40 CFR 61, 29 CFR 1910, 29 CFR 1926, Env-A 1800, and this section.

(b) Prior to being packaged, asbestos waste that is friable or exhibits friable characteristics shall be treated in accordance with Env-Sw 901.03.

(c) Bags used for disposal of friable asbestos waste shall be made of at least 6 mil polyethylene or a functional equivalent.

(d) Bags identified in (c) above, shall not be reused.

(e) Containers receiving bulk unwrapped asbestos waste shall be lined with at least 20 mil polyethylene or its functional equivalent.

(f) The liner material identified in (e) above, shall not be reused.

(g) A waste shipment record shall accompany all asbestos waste when transported, pursuant to the provisions of 40 CFR 61.

(h) Asbestos waste transporters shall comply with United States Department of Transportation regulations and New Hampshire department of safety rules, as applicable.

(i) Asbestos waste transporters shall notify the receiving landfill prior to delivering a shipment of asbestos waste, so as to provide the landfill operator with the opportunity to properly prepare the disposal area pursuant to Env-Sw 901.04.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.06); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.07 Testing and Reporting Requirements {#sec-env-sw-901.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.07}

(a) If during transportation a person spills one pound or more of asbestos waste that is friable or exhibits friable characteristics, the person shall immediately report the incident by telephone to the following agencies and entities:

(1) The department’s air resources division and waste management division;

(2) The hazardous material team at the department of safety; and

(3) The national response center.

(b) The analytical testing procedures specified in 40 CFR 61 shall be used to determine whether a waste is asbestos waste.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.07); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 901.08 Other Requirements {#sec-env-sw-901.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 901.08}

(a) Personnel handling asbestos waste shall be trained and equipped as required by 29 CFR 1910 and Env-A 1800.

(b) Asbestos waste shall not be intentionally combined or mixed with other waste types prior to disposal.

(c) Asbestos waste shall not be incinerated.

(d) Asbestos waste and waste mixtures shall not be composted.

(e) Asbestos waste and waste mixtures shall not be land applied.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2601.08); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 902 Ash

N.H. Code Admin. R. Ann. Env-Sw 902.01 Applicability {#sec-env-sw-902.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.01}

(a) Except as provided in (b) below, the rules in this part shall apply to management of bottom ash and fly ash from the point of origin to the point of final disposal.

(b) The rules in this part shall not apply to:

(1) Ash generated by private residences from the combustion of wood or fossil fuel;

(2) Ash from crematoriums;

(3) Wood ash certified for distribution and use pursuant to Env-Sw 1700, provided it is distributed and used in accordance with the certification; and

(4) Boiler slag from the combustion of coal managed in accordance with Env-Sw 302.03(b)(8).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.01); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.02 Collection, Storage, and Transfer Requirements {#sec-env-sw-902.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.02}

(a) Collection, storage, and transfer of ash shall comply with Env-Sw 400 and this section.

(b) Ash shall be collected and stored in containers in a manner which:

(1) Avoids the dispersion of ash residue, including particulates;

(2) Is fire safe;

(3) Prevents rain water infiltration; and

(4) Collects and controls the free liquid that drains from the ash, if the ash is quenched or treated with applied liquids.

(c) Prior to transfer, ash generators shall comply with the hazardous waste determination requirements in Env-Hw 502 and thereby assure proper management of the ash as follows:

(1) If the ash is determined to be a hazardous waste, it shall be managed as a hazardous waste in accordance with all applicable state rules and federal hazardous waste regulations; and

(2) If the ash is determined to be non-hazardous, it shall be managed as a solid waste in accordance with this part.

(d) Ash shall not be transferred from the generator’s collection area until cooled sufficiently as to eliminate the potential to cause fire and burn injury.

(e) The transfer of ash from one location to another shall comply with Env-Sw 902.06.

(f) Prior to unloading, ash shipments received by a collection, storage, and transfer facility shall be inspected by the receiving facility to determine whether the load is hot.

(g) Hot ash shall not be deposited at a receiving facility where it might start a fire or cause burn injury.

(h) Hot ash shall be segregated from combustible materials, contained, and extinguished.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.02); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.03 Processing and Treatment Requirements {#sec-env-sw-902.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.03}

(a) Processing and treatment of ash shall comply with Env-Sw 500 and this section.

(b) Processing and treatment of ash shall be carried out in a manner which:

(1) Avoids the dispersion of ash residue, including particulates;

(2) Is fire safe;

(3) Prevents rainwater infiltration; and

(4) Collects and controls the free liquid that drains from the ash, if quenched or treated with applied liquids.

(c) Prior to unloading, ash shipments received by a processing or treatment facility shall be inspected by the receiving facility to determine whether the load is hot.

(d) Hot ash shall not be deposited at a receiving facility where it might start a fire or cause burn injury.

(e) Hot ash shall be segregated from combustible materials, contained, and extinguished.

History

• (See Revision Note at PART Heading for Env-Wm 101) #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.03); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.04 Disposal Requirements {#sec-env-sw-902.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.04}

(a) Ash shall be disposed only at authorized facilities.

(b) If disposed in a New Hampshire landfill, the facility shall be a lined facility meeting the requirements of Env-Sw 800 as follows:

(1) Ash from the combustion of municipal solid waste shall be disposed in double lined facilities only;

(2) Ash from the combustion of coal may be disposed in either a double lined facility or single lined facility as provided by (3) below; and

(3) Coal ash shall be disposed in a single lined facility only if:

a. The facility shall be a monofill; and

b. The required groundwater monitoring system shall be designed to serve as a leak detection system.

(c) Prior to unloading, ash shipments received by a New Hampshire landfill shall be inspected by the receiving facility to determine whether the load is hot.

(d) Hot ash shall not be deposited where it might start a fire or cause burn injury.

(e) Hot ash shall be segregated from combustible materials, contained, and extinguished.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.04); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.05 Reuse Requirements and Limitations {#sec-env-sw-902.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.05}

Ash and ash-derived products shall be certified in accordance with Env-Sw 1500 prior to distribution and use in New Hampshire.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.05); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.06 Transportation, Packaging, and Labeling Requirements {#sec-env-sw-902.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.06}

(a) Ash shall be transported in a manner which shall prevent dispersion of ash residue, including particulates.

(b) Ash shall not be transported in or through New Hampshire unless the generator has first completed a hazardous waste determination in accordance with Env-Hw 502.

(c) Ash shall not be transported unless cooled sufficiently to eliminate the potential for fire or burn injury while in-transit and following delivery.

(d) Ash that is quenched or contains free liquid shall be transported in leak tight containers or shall be sufficiently dry prior to transport as to preclude the discharge of liquids from the transportation vehicle while in-transit.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.06); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.07 Testing and Reporting Requirements {#sec-env-sw-902.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.07}

(a) The ash generator shall comply with the hazardous waste determination requirements in Env-Hw 502 by developing and implementing a quality assurance/quality control (QA/QC) plan for ash sampling and analysis.

(b) The QA/QC plan for ash sampling and analysis shall specify:

(1) The procedures by which representative samples of ash will be obtained;

(2) The contaminants and parameters for which testing will be conducted;

(3) The data analysis necessary to demonstrate the level of precision and accuracy are acceptable; and

(4) The testing methods.

(c) Ash testing results and QA/QC plan information shall be maintained by the ash generator and made available to department for inspection pursuant to Env-Sw 2000 and the hazardous waste rules.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.07); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 902.08 Other Requirements {#sec-env-sw-902.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 902.08}

(a) A New Hampshire facility that receives ash generated in another state shall obtain from the ash generator copies of the required hazardous waste determination.

(b) Information pursuant to (a) above, shall be maintained by the permittee as part of the facility operating records pursuant to Env-Sw 1105.06.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2602.08); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 903 Contaminated Soils

N.H. Code Admin. R. Ann. Env-Sw 903.01 Applicability {#sec-env-sw-903.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.01}

(a) Except as provided by (b) below, the rules in this part shall apply to the management of soils with contamination, as defined in Env-Or 602.07, that are not regulated as hazardous waste.

(b) The rules in this part shall not apply to contaminated soils managed on-site pursuant to Env-Or 600.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.01); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.02 Collection, Storage, and Transfer Requirements {#sec-env-sw-903.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.02}

(a) Collection, storage, and transfer of contaminated soils shall comply with Env-Sw 400 and this section.

(b) Contaminated soils shall be collected and stored in leak tight containers or be underlain by impermeable surfaces or by other means to prevent the discharge of contaminants to groundwater and surrounding soils.

(c) Contaminated soils shall be stored under cover in a manner that protects the waste from exposure to precipitation or by a method that collects and manages all leachate generated.

(d) Contaminated soils shall be stored in accordance with applicable air and water quality rules and regulations.

(e) Prior to transfer, the generator shall comply with the testing requirements in Env-Sw 903.07 to assure proper management of the contaminated soils as follows:

(1) If the contaminated soil is determined to be a hazardous waste, it shall be managed as a hazardous waste in accordance with all state rules and federal regulations for managing hazardous waste; and

(2) If the contaminated soil is determined to be non-hazardous, it shall be managed in accordance with the solid waste rules.

(f) Prior to receiving contaminated soils from off-site locations, a facility shall obtain documentation from the generator demonstrating compliance with (e) above.

(g) A facility that collects contaminated soils from off-site locations shall inspect the waste upon receipt and verify that the waste is the same waste as characterized by the generator in conformance with Env-Sw 903.07.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.02); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.03 Processing and Treatment Requirements {#sec-env-sw-903.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.03}

(a) Processing and treatment of contaminated soils shall comply with Env-Sw 500 and this section.

(b) A facility that processes or treats contaminated soils shall employ technologies demonstrated to successfully manage the specific contaminants present in the soil.

(c) A facility that processes or treats contaminated soils shall comply with the waste collection, storage, and transfer requirements in Env-Sw 903.02.

(d) Contaminated soils shall be processed or treated in compliance with applicable air and water quality rules and regulations.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.03); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.04 Disposal Requirements {#sec-env-sw-903.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.04}

(a) The disposal of contaminated soils shall occur only at authorized facilities.

(b) Prior to disposal, contaminated soils shall be tested in accordance with Env-Sw 903.07 and the receiving facility’s permit.

(c) Contaminated soil from out-of-state shall not be disposed in a NH landfill if it fails the disposal criteria of its state of origin.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.04); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.05 Reuse Requirements and Limitations {#sec-env-sw-903.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.05}

(a) Contaminated soils, if reused for purposes other than those provided in (b) below, shall not be distributed and used except in accordance with certification pursuant to Env-Sw 1500, subject to the following limitations:

(1) The concentration of contaminants in the soil shall not exceed the soil remediation standards specified in Env-Or 606.19;

(2) Notwithstanding Env-Or 606.19, the concentration of total petroleum hydrocarbons in the soil shall be less than 100 parts per million;

(3) The soil shall not be distributed or used in any:

a. Residential applications;

b. Playground applications;

c. Application within a 100-year floodplain or wetland;

d. Application to land used for the production of crops for direct human consumption;

e. Application within a recharge area of any sole source drinking water supply; or

f. Application within 100 feet from any surface water; and

(4) A person who distributes contaminated soil shall:

a. Comply with the testing and reporting requirements of Env-Sw 903.07; and

b. Maintain a record of all locations to which contaminated soil has been distributed and produce such records for inspection by the department upon request.

(b) Contaminated soil may be used as daily landfill cover at facilities permitted to dispose of the contaminated soil, provided that:

(1) The material shall meet the requirements for alternative daily cover specified in Env-Sw 806.03; and

(2) The material shall not be stored or otherwise placed outside the active footprint of the facility.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.05); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.06 Transportation Requirements {#sec-env-sw-903.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.06}

(a) Contaminated soil shall be transported using a standard bill of lading.

(b) Contaminated soil shall be transported in a manner which shall prevent dispersion of the waste to the air, ground, or waterways.

(c) Contaminated soil shall not be transported from the site of generation prior to completing a hazardous waste determination pursuant to Env-Hw 502.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.06); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 903.07 Testing and Reporting Requirements {#sec-env-sw-903.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 903.07}

(a) The generator of contaminated soil shall comply with the hazardous waste determination requirements in Env-Hw 502 and the other testing requirements in Env-Or 600, as applicable, prior to transferring the waste off-site if generated in New Hampshire or prior to transporting into New Hampshire if generated out-of-state.

(b) The generator shall produce records of testing pursuant to (a) above, for inspection by the department.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2603.07); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 904 Infectious Waste

N.H. Code Admin. R. Ann. Env-Sw 904.01 Applicability {#sec-env-sw-904.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.01}

(a) The rules in this part shall apply to management of infectious waste and treated infectious waste which is not ash residue, from the point of origin to the point of final disposal, including the following:

(1) Cultures and stocks of infectious agents and associated biologicals, including:

a. Cultures and stocks of infectious agents from research and industrial laboratories;

b. Wastes from the production of biologicals, discarded live and attenuated vaccines; and

c. Culture dishes and devices used to transfer, inoculate, and mix cultures;

(2) Pathological wastes, including tissues, organs, and body parts that were removed during surgery or autopsy;

(3) Waste human blood and products of blood, including:

a. Serum, plasma, and other blood components;

b. Containers contaminated with a. above, which were used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals; and

c. Items saturated or dripping with human blood or items that were saturated or dripping with human blood that are now caked with dried human blood or blood components;

(4) Sharps that have been used in human or animal patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades;

(5) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals;

(6) Wastes from human or animal patient care, surgery, or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves;

(7) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons;

(8) Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats;

(9) Discarded medical equipment and parts that were in contact with infectious agents;

(10) Biological waste and discarded materials contaminated with blood, excretion, exudates, or secretion from humans or animals who are isolated to protect others from communicable diseases;

(11) Any discarded preparations made from genetically altered living organisms and their products; and

(12) Such other waste material that results from the administration of medical care to a patient whether human or animal by a health care provider and is found by the director in consultation with the division of public health services or state veterinarian to pose a threat to human health or the environment due to its infectious nature.

(b) The rules in this part shall not apply to the following types of waste:

(1) Gloves, gowns, underpads, or any other materials that come in contact with patients, but not saturated with blood, body fluids, or secretions, through routine examination or patient care;

(2) Animal carcasses not included in (a)(5) above; and

(3) Household infectious waste, provided that:

a. Sharps shall be enclosed inside rigid, puncture-resistant containers;

b. Containers encasing sharps shall be sealed and labeled “not for recycling”; and

c. The waste shall be disposed at an authorized facility only.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.01); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.02 Collection, Storage, and Transfer Requirements {#sec-env-sw-904.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.02}

(a) Collection, storage, and transfer of infectious waste shall comply with Env-Sw 400 and this section.

(b) The waste shall be stored in a pre-designated location, protected from water, rain, and wind.

(c) Storage containers and packaging shall be labeled conspicuously in a legible manner with the words “infectious waste,” or “biohazard waste,” or with the universal biohazard symbol.

(d) Waste stored at generator facilities shall be maintained in a nonputrescent state, using refrigeration when necessary.

(e) Waste shall not be stored at room temperatures in excess of 72 hours.

(f) Outdoor storage areas containing the waste, such as dumpsters, sheds, tractor trailers, or other storage areas, shall be locked to prevent unauthorized access.

(g) Access to on-site storage areas shall be limited to authorized persons.

(h) The waste shall be stored in a manner that shall provide protection from animals and shall not provide a breeding place or a food source for insects or rodents.

(i) Storage containers and packaging shall be of sufficient structural integrity to ensure that the waste shall not be released to the environment during storage.

(j) The contents of damaged or ruptured containers shall be re-packaged.

(k) Infectious waste shall be transferred by the generator to authorized facilities only.

(l) Facilities which receive infectious waste from off-site generators shall not store the waste in excess of 7 days from date of receipt.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.02); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.03 Processing and Treatment Requirements {#sec-env-sw-904.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.03}

(a) Except as noted in Env-Sw 904.08, the generator of infectious waste shall assure that the waste is treated at an authorized facility to achieve high-level disinfection plus a 4 log 10 reduction of Bacillus subtilis or Bacillus stearothermophilus.

(b) Facilities that process or treat infectious waste in New Hampshire, including generator facilities, shall meet (a) above, in conformance with Env-Sw 500 and the following:

(1) All infectious waste managed by the facility shall be collected and stored as specified in Env-Sw 904.02, pending treatment in accordance with (a) above;

(2) If the facility processes or treats infectious waste by methods other than incineration, the efficacy of the processing or treatment method shall be demonstrated by testing as specified in Env-Sw 904.07; and

(3) If the facility is an incinerator that treats the infectious waste by combustion, the facility shall meet Env-Sw 700.

(c) Infectious waste treated under (a) above, shall not be combined or mixed with other waste prior to disposal, unless authorized by the receiving disposal facility.

History

• #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.03); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.04 Disposal Requirements {#sec-env-sw-904.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.04}

(a) Infectious waste shall not be landfilled in New Hampshire unless treated to achieve the standard specified in Env-Sw 904.03(a).

(b) Treated infectious waste shall be disposed at authorized facilities only.

(c) Notification shall be given by the transporter to the receiving facility prior to the disposal of treated infectious waste.

(d) Liquid infectious waste shall be disposed via a sanitary sewer, subject to the provisions of local sewer ordinances and regulations, only if the receiving wastewater treatment facility includes secondary treatment.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.04); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.05 Reuse Requirements and Limitations {#sec-env-sw-904.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.05}

(a) Infectious waste shall not be reused or certified for distribution and use pursuant to Env-Sw 1500, except as provided in (b) below.

(b) Materials or equipment contaminated with infectious waste, for example surgical equipment, maintenance carts, bedding, waste containers, and the like, may be salvaged and reused in-kind pursuant to Env-Sw 1503.04, subject to the following requirements:

(1) If reused within the generating facility, the materials and equipment shall be cleaned and disinfected prior to reuse to achieve the standards for disinfection prescribed by the facility’s internal management protocol; and

(2) If sent off-site for reuse, the materials and equipment shall be cleaned and disinfected prior to leaving the generating facility to achieve at least the level of treatment specified in Env-Sw 904.03(a).

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.05); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.06 Transportation, Packaging, and Labeling Requirements {#sec-env-sw-904.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.06}

(a) Infectious waste transported off-site for treatment prior to disposal shall be transported in conformance with the United States Department of Transportation hazardous materials regulations as provided in 49 CFR 171-180 or as specified in (b) below.

(b) The transportation of infectious waste not subject to 49 CFR 171-180 shall be subject to the following:

(1) Sharps as described in Env-Sw 904.01(a)(4) shall be segregated and encased inside rigid, puncture-resistant containers;

(2) Infectious waste and sharps containers shall be placed in a sealed nonpermeable 3 mil polyethylene bag or equivalent, which is itself placed in a second bag of similar construction and sealed; and

(3) The outermost container or package shall be labeled with the following:

a. Clear markings indicating the contents which shall include the words “Infectious waste,” or “Biohazard waste” or the universal biohazard symbol; and

b. The name, address, and telephone number of the generator and transporter.

(c) Transporters shall notify the receiving facility prior to delivering infectious waste to a New Hampshire landfill.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.06); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.07 Testing and Reporting Requirements {#sec-env-sw-904.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.07}

Facilities, including generator facilities, which treat infectious waste by methods other than incineration shall be subject to the following:

(a) QA/QC efficacy testing shall be performed during initial facility operations to verify facility operating procedures meet Env-Sw 904.03(a);

(b) Following verification as specified in (a) above, the facility shall perform QA/QC efficacy testing no less than 4 times yearly, to demonstrate compliance with Env-Sw 904.03(a); and

(c) The facility shall maintain the records of QA/QC efficacy testing for a minimum of 3 years.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.07); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 904.08 Other Requirements {#sec-env-sw-904.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 904.08}

Limbs and recognizable organs, excluding teeth and contiguous gum tissue, shall be disposed of by incineration or interment.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2604.08); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 905 Tires

N.H. Code Admin. R. Ann. Env-Sw 905.01 Applicability {#sec-env-sw-905.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.01}

The rules in this part shall apply to the management of waste or scrap tires, from the point of waste origination to the point of waste disposal.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.01); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.02 Collection, Storage, and Transfer Requirements {#sec-env-sw-905.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.02}

(a) Tires shall be collected, stored, and transferred in accordance with Env-Sw 400 and this section.

(b) Outdoor storage of tires shall be in:

(1) Covered trailers;

(2) Transfer containers; or

(3) In stockpiles as follows:

a. The diameter of the piles shall not exceed 25 feet;

b. The height of the piles shall not exceed 15 feet;

c. Fire lanes no less than 25 feet in width shall be maintained around each pile;

d. Each pile shall have a berm with a minimum height of 12 inches constructed around its perimeter capable of containing any pyrolitic oils or other liquids generated by fire; and

e. The stockpiling facility shall have equipment, cover material, and other supplies, including water, sufficient to control a fire until the nearest fire company capable of extinguishing the fire arrives.

(c) Indoor storage shall conform to the applicable requirements of Saf-C 6000.

History

• #5172, eff 7-1-91, EXPIRED: 7-1-97
• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.02); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.03 Processing and Treatment Requirements {#sec-env-sw-905.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.03}

(a) Chipping, shredding, and other physical processing of tires shall comply with the requirements in Env-Sw 500 and this section.

(b) Collection and storage of tires by facilities that process or treat tires shall conform to Env-Sw 905.02.

(c) Processing of tires shall be done in a manner to limit noise, odor, and fugitive dust emissions to the greatest extent possible.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.03); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.04 Disposal Requirements {#sec-env-sw-905.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.04}

(a) Waste tires shall be disposed at authorized facilities only.

(b) Tires shall be landfilled only in a manner that shall preclude movement of the tires after burial, such as by shredding, splitting, or quartering the tires prior to landfilling or by filling the tires during landfilling.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.04); ); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.05 Reuse Requirements and Limitations {#sec-env-sw-905.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.05}

(a) Waste tires, if reused, shall be certified for distribution and use in accordance with Env-Sw 1500.

(b) Tires shall not be certified for distribution and use if distribution and use:

(1) Constitutes a fire hazard;

(2) Provides a habitat for breeding mosquito populations;

(3) Constitutes a safety hazard;

(4) Constitutes a nuisance; or

(5) Violates any federal regulation or state rule.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.05); ss by #10598, eff 7-1-1414; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.06 Transportation Requirements {#sec-env-sw-905.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.06}

Tires, either whole or processed, shall be transported in a manner to prevent blowing or falling debris.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.06); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.07 Testing and Reporting Requirements {#sec-env-sw-905.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.07}

Facilities managing tires shall comply with the reporting requirements specified in Env-Sw 400 through Env-Sw 1200, as applicable.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.07); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 905.08 Other Requirements {#sec-env-sw-905.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 905.08}

(a) The open burning of tires or processed tires shall be prohibited.

(b) Tires shall be managed in a manner as to avoid establishing habitat for breeding mosquito populations.

Appendix

Rule Sections

State Statute(s) Implemented

Env-Sw 900

RSA 149-M:7; II and VIII; RSA 149-M:9, X

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 900); ss by #8459, eff 10-28-05 (formerly Env-Wm 2605.08); ss by #10598, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 1000 Universal Solid Waste Facility Requirements

Part Env-Sw 1001 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1001.01 Purpose {#sec-env-sw-1001.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1001.01}

The purpose of the rules in this chapter is to ensure that facilities are located, designed, constructed, operated, and closed in a manner that does not endanger public health or adversely affect the environment and which minimizes the potential for accidents that could lead to personal injury or property damage.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2701.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1001.02 Applicability {#sec-env-sw-1001.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1001.02}

The rules in this chapter shall apply to all facilities, including permit-exempt facilities, unless otherwise noted.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2701.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Part Env-Sw 1002 Universal Environmental Performance Requirements

N.H. Code Admin. R. Ann. Env-Sw 1002.01 Environmental Conservation and Protection {#sec-env-sw-1002.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1002.01}

Facilities shall be located, designed, constructed, operated, and closed in a manner that is protective of human health, preserves the natural environment, and conserves natural resources.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2702.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1002.02 Discharge of Pollutants Prohibited {#sec-env-sw-1002.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1002.02}

(a) Facilities and practices shall not cause a discharge of pollutants into surface waters of the United States or the state in violation of Section 402 of the Clean Water Act, 33 U.S.C. 1342.

(b) Facilities and practices shall not cause a discharge of dredged material to waters of the United States in violation of RSA 482-A or Section 404 of the Clean Water Act, 33 U.S.C. 1344.

(c) Facilities and practices shall not cause a non-point source of pollution that contravenes the requirements of an areawide or statewide water quality management plan under Section 319 of the Clean Water Act, 33 U.S.C. 1329.

(d) Facilities and practices shall not contaminate surface water or groundwater in violation of federal or state law, any rules implemented by the department or any administratively-attached board, or the conditions of any permit issued by the department or any administratively-attached board.

(e) Facilities and practices shall not cause air pollution in violation of federal or state law, any air quality rules implemented by the department or the conditions of any air quality permit issued by department, or the New Hampshire Clean Air Act state implementation plan filed pursuant to 42 U.S.C. 7410.

(f) Facilities and practices for which blasting of bedrock is anticipated shall comply with the requirements in Env-Wq 1500.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2702.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1002.03 Protection of Wildlife {#sec-env-sw-1002.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1002.03}

(a) Facilities shall determine whether the facility property contains any documented occurrences of state or federally-listed threatened or endangered wildlife species by using the natural heritage bureau DataCheck tool (NHB DataCheck) at https://www4.des.state.nh.us/nhb-datacheck/ and obtaining a DataCheck request results letter.

(b) If the NHB DataCheck letter indicates documented occurrences of state or federally-listed threatened or endangered species, then the facility shall:

(1) Request consultation with the New Hampshire fish and game department (NHF&G) to assure that the facility does not appreciably jeopardize the continued existence of threatened and endangered species as defined by Fis 1002.04; and

(2) Maintain all relevant correspondence with NHF&G and incorporate all conservation measures recommended by NHF&G.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2702.03); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1002.04 Safety {#sec-env-sw-1002.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1002.04}

(a) Facilities and practices shall not cause concentrations of explosive gases such as methane to exceed 25% of the lower explosive limit of the gases in any structure, excluding facility-related gas recovery equipment, or to exceed 50% of the lower explosive limit of the gases in the soil at the property boundary.

(b) Facilities shall be designed, constructed, operated, and closed in a manner that minimizes the risk of fires and provides the ability to deal with them effectively if they occur.

(c) Facilities that manage putrescible waste and are located within 10,000 feet (3,048 meters) of any airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway used by only piston-type aircraft shall be designed, constructed, operated, and closed in a manner that minimizes the risk of attracting birds that may be hazardous to aircraft.

(d) Facilities and practices shall comply with the rules adopted by the New Hampshire department of labor relative to employee safety and health, Lab 1400.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2702.04); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1002.05 Dams, Flowage, and Flood Provisions {#sec-env-sw-1002.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1002.05}

(a) Facilities and practices shall comply with RSA 482 relative to dams and flowage.

(b) Facilities and practices shall protect all waste storage, handling, and disposal areas against impact from the 100-year flood.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2702.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Part Env-Sw 1003 Universal Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 1003.01 Distance to Other Facilities {#sec-env-sw-1003.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.01}

A facility or practice shall not physically interfere with the proper operation or closure of any other facility.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.02 Easements and Rights-of-Way {#sec-env-sw-1003.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.02}

The location of a facility shall be outside the limits of any right-of-way or easement, except as provided by Env-Sw 1003.03.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.03 Property Ownership and Access Rights {#sec-env-sw-1003.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.03}

(a) The location of a facility shall be on property owned by the permittee or on property for which the property owner has granted a lease, easement, or other legal right to the permittee for use of the property for said purpose, including access to the property when required by the permittee and department for closure and post-closure monitoring of the facility and site.

(b) The location of a facility may be on property where a right-of-way, easement, or other legal right for use of the property is granted to a third party, provided that the grant shall not adversely affect the permittee's ability to meet all facility requirements pursuant to RSA 149-M, the solid waste rules, and the terms and conditions of the permit.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.03); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.04 Groundwater and Surface Waters {#sec-env-sw-1003.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.04}

(a) No facility shall be located in violation of RSA 483, relative to management and protection of rivers.

(b) No facility shall be located in violation of RSA 485, RSA 485-A, and RSA 485-C, relative to protection of groundwater.

(c) A facility shall not be sited within the sanitary protective area, as defined in Env-Dw 301.30, of a public water system well, as defined in RSA 485-C:2, XII and RSA 485-C:2, XVII.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.04); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.05 Wetlands {#sec-env-sw-1003.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.05}

No facility shall be located in violation of RSA 482-A, relative to protection of wetlands.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.06 Shoreland Protection {#sec-env-sw-1003.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.06}

No facility shall be located in violation of RSA 483-B, relative to protection of shorelands.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.06); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1003.07 Designated Rivers {#sec-env-sw-1003.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1003.07}

No facility shall be sited in violation of RSA 483, relative to protection of designated rivers.

History

• #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.07); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Part Env-Sw 1004 Universal Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 1004.01 Basic Design Requirements {#sec-env-sw-1004.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.01}

(a) The design of a facility shall be compatible with achieving the universal environmental performance requirements in Env-Sw 1002.

(b) The design of a facility shall facilitate operations in accordance with the universal operating standards in Env-Sw 1005 and all other requirements of the solid waste rules, as applicable.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.02 Roads and Traffic Control {#sec-env-sw-1004.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.02}

(a) The design of the facility as it relates to the management of traffic on roads leading to and from the facility’s entrance and exit points shall meet all applicable local standards if the roads are municipal streets or roads or, if the roads are state roads, shall meet the requirements of the New Hampshire department of transportation.

(b) A facility shall be designed to prevent entering and exiting vehicles from obstructing the safe flow of traffic on any public road leading to or from facility.

(c) Adequate on-site area at the facility’s entrance and exit points shall be provided to allow the number and types of waiting vehicles expected to use the facility to safely queue off the public road(s) and right-of-way.

(d) A facility shall be designed to accommodate on-site traffic flow in a safe and efficient manner in all weather conditions.

(e) Separate on-site access for passenger vehicles shall be provided at facilities where public drop-off is allowed.

(f) A facility shall be designed to assure that traffic conflicts shall not occur between bulk transport vehicles, passenger vehicles, and pedestrians at the facility site.

(g) The on-site road surface and the road base shall be suitable for heavy vehicles and capable of withstanding expected loads.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.03 Drainage {#sec-env-sw-1004.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.03}

(a) Stormwater management systems shall be designed in accordance with the requirements of Env-Wq 1500.

(b) Detention basins and other drainage structures shall be located and designed to minimize the potential to adversely impact any landfill closure system located at or near the site.

(c) Surface drainage shall be collected and directed to discharge points having no potential to affect the performance of any groundwater or surface water monitoring system, leachate collection and removal system, or any other component of a landfill system.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.03); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.04 Protection of Landfill Closure Systems {#sec-env-sw-1004.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.04}

The design of a facility shall include measures or features to avoid damage during construction and operation of the facility to any component of a landfill closure system, including:

(a) Ground control markers;

(b) The capping system;

(c) Leachate collection system risers and clean-outs;

(d) Groundwater monitoring wells; and

(e) Decomposition gas control devices.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.04); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.05 Wastewater Systems {#sec-env-sw-1004.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.05}

All wastewater collection, transmission, and treatment features which are part of or specifically serve a facility shall be designed in accordance with RSA 485-A.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.06 Motor Vehicle Waste Collection {#sec-env-sw-1004.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.06}

Pursuant to RSA 149-M:9, IV, a facility which receives motor vehicle wastes shall be designed to provide for separation of such wastes.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.06); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1004.07 Equipment {#sec-env-sw-1004.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1004.07}

(a) Equipment shall be installed at a facility in conformance with the manufacturer’s specifications and recommendations for installation, unless otherwise allowed by the solid waste rules.

(b) Pursuant to RSA 149-M:10, II, municipalities and waste haulers shall affix ownership identification or facility or company logo to all waste containers used in conjunction with the operation of a facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2704.07); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Part Env-Sw 1005 Universal Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 1005.01 General Operating Requirements {#sec-env-sw-1005.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.01}

(a) A facility shall not exceed the capacity limits specified in its permit or, in the case of a permit-exempt facility, the capacity limits specified by the exemption, if any.

(b) A facility shall operate in a manner consistent with the design limitations of the facility and associated equipment.

(c) Facility equipment shall be operated and maintained in conformance with manufacturer specifications and recommendations unless otherwise allowed by the solid waste rules.

(d) A facility, including associated equipment, containers, and vehicles, shall be operated and maintained in a manner that controls to the greatest extent practicable:

(1) Dust;

(2) Litter;

(3) Insects;

(4) Odors;

(5) Vectors;

(6) Spills;

(7) The production of leachate;

(8) Fire hazards including spontaneous combustion;

(9) The generation of methane and other hazardous gases;

(10) Noise; and

(11) Other nuisances.

(e) The permittee shall regularly inspect, monitor, and maintain the facility to assure compliance with the permit and the solid waste rules.

(f) The permittee shall execute facility repairs and correct, abate, and remediate facility operating problems in a timely manner and as directed by the department in conformance with the solid waste rules.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.02 Unauthorized Use Prohibited {#sec-env-sw-1005.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.02}

Unauthorized entry to and unauthorized use of a facility shall be prohibited by:

(a) Restricting access to the facility;

(b) Regularly inspecting the waste received and managed at the facility; and

(c) Other appropriate measures based on the type, size, location, and life expectancy of the facility and the type, source, and quantity of waste handled by the facility.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.03 Traffic Management {#sec-env-sw-1005.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.03}

(a) Facility operations shall be conducted in a manner that shall not allow incoming or exiting vehicles to obstruct the safe passage of traffic on any public road leading to and from the facility.

(b) Facility operations shall be conducted in a manner as to accommodate on-site traffic flow in a safe and efficient manner.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.03); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.04 Reuse of Waste {#sec-env-sw-1005.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.04}

(a) A waste, including waste-derived products, shall be distributed and used only in accordance with Env-Sw 1500.

(b) A waste destined for reuse shall be stored in a manner that protects its market value.

(c) A facility shall disclose the following information to consumers of waste-derived product(s) distributed by the facility for use:

(1) The content and nature of the waste-derived products;

(2) The proper uses of the waste-derived products and any restrictions related thereto;

(3) Any hazards that might result from use of the waste-derived products;

(4) Proper methods for disposal of the waste-derived product; and

(5) Other such information as might be required by applicable federal and state consumer protection rules and regulations.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.05 Public Benefit {#sec-env-sw-1005.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.05}

(a) A facility shall be operated so as to comply with the requirements of RSA 149-M:11, XI, relative to providing a substantial public benefit.

(b) The following facilities shall be deemed to provide a substantial public benefit and therefore need not make an explicit demonstration of substantial public benefit in a permit application:

(1) A permit-exempt facility;

(2) A permit-by-notification facility;

(3) An emergency permit facility;

(4) A research and development facility; and

(5) A general permit facility.

(c) The following facilities shall be deemed to satisfy the first criteria for public benefit in RSA 149-M:11, III(a) and therefore need only address the remaining 2 criteria in RSA 149-M:11, III(b) and (c) when making a demonstration of public benefit in an application for a permit or permit modification:

(1) Any limited public facility; and

(2) Any limited private facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.06 Operator Qualifications {#sec-env-sw-1005.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.06}

(a) The individual(s) that operate and maintain a facility shall be capable of efficiently doing so in a manner which is protective of human health, preserves the natural environment, and conserves natural resources.

(b) The individual(s) that operate and maintain a facility shall demonstrate a level of knowledge and understanding of the solid waste rules sufficient to operate and maintain the facility in compliance with all applicable requirements of the solid waste rules and the facility permit.

(c) Operators of non-exempt facilities shall be trained and certified pursuant to Env-Sw 1600.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.06); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.07 Facility Staffing {#sec-env-sw-1005.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.07}

(a) A facility shall be staffed with persons qualified by reason of training, experience, and performance history to operate the facility in accordance with all applicable requirements of the solid waste rules and the permit.

(b) Unless the facility is exempted by Env-Sw 1603.04, each facility shall have at least one principal operator certified, in accordance with Env-Sw 1600, present at the facility during operation.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.07); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.08 Financial Assurance {#sec-env-sw-1005.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.08}

(a) The permittee shall be responsible for the cost of facility closure, including all post-closure obligations.

(b) Prior to commencing operation of a facility, the permittee shall assure that adequate funds, in an amount no less than the amount calculated pursuant to Env-Sw 1403.02, are readily available to cover the cost of facility closure.

(c) The permittee shall provide a formal financial assurance plan when required pursuant to Env-Sw 1400.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.08); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1005.09 Incident Reporting {#sec-env-sw-1005.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1005.09}

(a) The permittee shall report to the department all incidents or situations at the facility which involve an imminent and substantial risk to human health, safety, or the environment or which constitute a violation of the solid waste rules or the facility permit.

(b) Reports pursuant to (a) above shall be verbally made to the department by the permittee as soon as practicable.

(c) The permittee shall submit a written report pursuant to (a) above within 5 working days of the time the permittee becomes aware of the incident or situation and include the following information:

(1) Facility name, location by street and municipality, and permit number;

(2) Permittee name, mailing address, and telephone number;

(3) Identification of all persons involved in the incident or situation, including name, title, and affiliation;

(4) A description of the incident or situation, including:

a. The date and time the incident or situation occurred;

b. The quantity and types of wastes and material(s) involved in the incident or situation and in the clean-up activities;

c. Measures employed to contain releases caused by the incident or situation; and

d. An assessment of actual or potential hazards to the environment, safety, and human health related to the incident; and

(5) Measures the permittee has or intends to apply to reduce, eliminate, and prevent a recurrence of the incident or situation.

(d) The permittee shall report to the department, in writing, complaints made by abutters or other third parties which involve operating conditions or practices having the potential to adversely effect human health, safety, or the environment or which involve a recurring or persistent nuisance situation such as noise, litter, odor, dust, or vectors.

(e) The written report pursuant to (d) above shall be made as soon as practicable and include the following information:

(1) Facility name, location by street, and municipality, and permit number;

(2) Permittee name, mailing address, and telephone number;

(3) Name, mailing address and, if available, telephone number of the complainant;

(4) The nature of the complaint, date(s) of receipt by the permittee, and a complete description of the circumstances or situation giving rise to the complaint;

(5) A description of the permittee’s response action(s); and

(6) Such other information as required by (c) above if the circumstances or situation giving rise to the complaint require reporting under (c) above.

(f) The rules in (a) and (d) above shall not be construed to mean a report is required on each day that an incident persists if the likelihood of its persistence is disclosed to the department in the initial report and the permittee is taking action to remedy the problem.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.09); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Part Env-Sw 1006 Universal Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 1006.01 Trigger Events for Closure {#sec-env-sw-1006.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1006.01}

A facility shall implement closure as specified in Env-Sw 1006.02 when one or more of the following conditions exist:

(a) The facility’s operating permit expires or is revoked pursuant to RSA 149-M:12, II, or the facility has no operating permit;

(b) The permittee abandons use of the facility or ceases facility operations, unless notice is provided pursuant to Env-Sw 1106.05;

(c) Facility development is abandoned prior to commencing facility operations, unless notice is provided pursuant to Env-Sw 1106.05;

(d) The facility sustains irreparable damage or otherwise cannot operate in accordance with its permit and the solid waste rules;

(e) Environmental conditions exist at the site causing a threat to human health or the environment and such conditions have not been or cannot be remediated;

(f) If the facility is a landfill, it reaches its approved design volume or its temporary permit is called pursuant to Env-Sw 307;

(g) The facility reaches the end of its life expectancy or can no longer meet performance standards; or

(h) The facility is issued an administrative or judicial order to close.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2706.01); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1006.02 General Closure Requirements {#sec-env-sw-1006.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1006.02}

A facility shall be closed in accordance with the following provisions:

(a) All waste deliveries to the facility shall be terminated;

(b) All waste not permitted to remain at the facility following closure, including processed recyclable materials and all surface debris and litter, shall be removed from the facility to an authorized facility;

(c) If the facility is a landfill, all waste permitted to remain at the facility shall be contained and covered as necessary to protect the environment, public health, and safety, and to achieve and maintain compliance with all universal facility performance requirements in Env-Sw 1002;

(d) Waste management equipment shall be removed or decommissioned, except for equipment needed to meet post-closure monitoring and maintenance obligations, if any;

(e) If the facility is not a land disposal facility, the facility site shall be cleaned to its original condition of cleanliness;

(f) If it is impracticable to return the facility site to its original condition of cleanliness pursuant to (e) above, whether because the character of the surrounding land use has changed, the original condition was in violation of state or federal environmental or public health laws, rules or regulations, or for any other reason, the permittee shall clean the facility site so as to render it suitable for an alternate use consistent with local land use and zoning regulations or plans; and

(g) Post-closure monitoring and maintenance shall be undertaken as required to assure the facility is closed in a manner to not adversely affect the environment, public health, or safety.

Appendix

Rule Sections

State Statute(s) Being Implemented

Env-Sw 1000

RSA 149-M:6, III; RSA 149-M:7, II, III, XIV; RSA 149-M:9, I, III

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2706.02); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24

Chapter Env-Sw 1100 Additional Solid Waste Facility Requirements

Part Env-Sw 1101 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1101.01 Purpose {#sec-env-sw-1101.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1101.01}

The purpose of the rules in this chapter is to ensure that facilities are located, designed, operated, and closed in a manner that does not endanger public health or adversely affect the environment and which minimizes the potential for accidents that could lead to personal injury or property damage.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2801.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1101.02 Applicability {#sec-env-sw-1101.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1101.02}

(a) Subject to (b) below, the rules in this chapter shall apply to all facilities having an active life longer than 90 days, except:

(1) Permit-exempt facilities as provided by Env-Sw 302.03;

(2) Research and development permit facilities as provided by Env-Sw 312;

(3) Emergency permit facilities as provided by Env-Sw 313; and

(4) General permit facilities as provided by Env-Sw 308.

(b) A requirement in this chapter specifying the use of a particular material or procedure shall not apply if an alternative is approved by the department as a condition of the permit based on a demonstration by the applicant or permittee presented in a permit application, application for permit modification, or compliance report, as applicable, that:

(1) The alternative material or procedure is functionally equivalent or superior in its protection of public health and the environment to the material or procedure specified by rule; and

(2) The alternative is not prohibited by any other state rules or federal regulations applicable to the facility.

(c) The requirements in this chapter shall apply as the complement of the requirements in Env-Sw 1000 for all facilities, Env-Sw 1200 for permit-by-notification facilities, Env-Sw 400 through Env-Sw 800 as applicable based on the functional classification of the facility, and Env-Sw 900 as applicable based on the type of waste managed by the facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2801.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

Part Env-Sw 1102 Additional Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 1102.01 General Siting Requirements {#sec-env-sw-1102.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1102.01}

The location of a facility shall be compatible with meeting all design, construction, operating, and closure requirements specified for the facility in the solid waste rules, including requirements noted in Env-Sw 1101.02(c), as applicable.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2802.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1102.02 Co-existence with Other Activities {#sec-env-sw-1102.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1102.02}

(a) Co-existing activities shall not interfere with construction, operation, and closure of a solid waste facility.

(b) Notification of co-existing activities shall be made in the application for a permit or in accordance with Env-Sw 1105.07.

History

• #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2802.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

Part Env-Sw 1103 Additional Design Requirements

N.H. Code Admin. R. Ann. Env-Sw 1103.01 General Design Requirements {#sec-env-sw-1103.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1103.01}

(a) A facility shall employ best practicable technologies and sound engineering practices in meeting the applicable design requirements specified in Env-Sw 404, Env-Sw 504, Env-Sw 604, Env-Sw 704, Env-Sw 805, and Env-Sw 1005.

(b) Where options exist relative to design concepts, preference shall be given to the option which provides:

(1) The least complex alternative(s) for facility construction, operation, and maintenance;

(2) The required performance standard(s); and

(3) The same or less risk of failure compared to designs that are commonly used in the industry and which comply with current requirements established under the solid waste rules.

(c) The design of a facility shall be compatible and facilitate compliance with the applicable facility operating and closure requirements specified in the solid waste rules.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2803.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1103.02 Equipment Installation {#sec-env-sw-1103.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1103.02}

The installation and use of manufactured equipment at a facility shall conform to the manufacturer’s specifications and recommendations, unless the permittee provides a written statement bearing the signature and seal of a qualified professional engineer certifying that the non-conforming installation and use will not adversely affect the environment, public health or safety.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2803.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1103.03 Access Control {#sec-env-sw-1103.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1103.03}

(a) The perimeter of a facility site shall be fenced in a manner as to restrict unauthorized access to the facility, except no fence shall be required if natural site features restrict access to the site, or all waste handling, storage, and disposal areas at the facility are wholly contained within locked structures or devices when the certified operator is not present.

(b) Weather-resistant signs, which state that access is restricted, shall be posted around the perimeter of a facility site wherever fencing is not required by (a) above.

(c) The lawful access points to the facility shall be secured by locked gates or the equivalent during times when the certified operator is not present.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2803.03); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1103.04 Surrounding Properties {#sec-env-sw-1103.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1103.04}

The design of a facility shall incorporate features to minimize adverse impacts, if any, to surrounding properties, such as the use of stockade fencing, berms, or vegetated buffers to shield waste storage and handling areas from view and to control the off-site transport of dust and windblown litter.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2803.04); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1103.05 Design Plans and Specifications, Content, and Format {#sec-env-sw-1103.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1103.05}

Facility plans and specifications, including preliminary and final plans submitted with an application pursuant to Env-Sw 311 through Env-Sw 315 and record drawings submitted pursuant to Env-Sw 1104.07, shall conform to the following requirements:

(a) Plans and specifications shall bear the date of preparation and, for a facility already permitted, the facility permit number;

(b) Plans and specifications shall be clearly readable;

(c) Plans and specifications shall be prepared in accordance with standard engineering practices, including dimensions, labels, details, and other graphic elements;

(d) Plans and specifications shall bear the signature and seal of a qualified professional engineer as required by RSA 310-A:18;

(e) Except as provided by (f) below, plans shall:

(1) Be prepared at a scale of no less than one inch equals 50 feet;

(2) Be presented on paper no larger than 24 inches by 36 inches;

(3) Show profiles drawn to standard scales with a ratio of 10 horizontal to 1 vertical (10:1), such as 40:4 and 50:5;

(4) Show elevations of the surface to the nearest 0.1 foot;

(5) Show elevations of the piping, sewer, and manhole inverts to the nearest 0.01 foot;

(6) Report all elevations in feet and tenths and reference all elevations to a standard datum, which shall be indicated on the plans, based on mean sea level;

(7) Show contours at a minimum interval of 2 feet on all plan views; and

(8) Show a north arrow.

(f) Alternatives to (e) above shall be accepted if the information presented on the plans is as clear and understandable when prepared according to the alternative(s) as it would be prepared according to (e) above.

(g) Plans and specifications submitted for construction approval shall include the intended methods for sequencing facility construction, consistent with:

(1) The adverse conditions specified in Env-Sw 1104.04;

(2) The construction schedule required by Env-Sw 1104.02; and

(3) For landfills constructed in phases over time, the requirements in Env-Sw 805.11(d).

(h) Plans and specifications shall be submitted with all calculations and design related documentation required to support and verify the adequacy of the proposed design and construction.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2803.05); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

Part Env-Sw 1104 Additional Construction Requirements

N.H. Code Admin. R. Ann. Env-Sw 1104.01 Prerequisites for Construction {#sec-env-sw-1104.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.01}

(a) Prior to commencing construction of a facility, or any phase or portion thereof, the permittee shall:

(1) Obtain approval for the applicable design plans and specifications, as follows:

a. For a permit-by-notification facility or other facility which is not subject to the provisions in Env-Sw 305.05(b) and (c), the facility plans shall be deemed approved for construction upon issuance of the permit; and

b. For facilities with a standard permit, emergency permit or research and development permit subject to the provisions in Env-Sw 305.05(b) and (c), plans and specifications for construction shall be approved pursuant to the provisions for a permit modification in Env-Sw 315;

(2) If the construction project is for new landfill capacity, obtain approval for preliminary plans to close the facility as though the phase being constructed will be the terminal phase, as follows:

a. By submitting such plans with the permit application and obtaining approval thereof by issuance of the permit; or

b. By submission of such plans with the application for permit modification required pursuant to (1)b. above;

(3) If required pursuant to Env-Sw 1104.04(f), file a site safety and contingency work plan and the related certification with the department;

(4) Obtain legal rights of access or property ownership as required by Env-Sw 1003.03 and, if applicable, Env-Sw 804.06 and Env-Sw 807.03(d);

(5) Comply with all other pre-construction requirements specified in the permit; and

(6) After complying with (1) through (5) above, file a notice of intent to construct as specified in Env-Sw 1104.02.

(b) For a landfill or other facility constructed in phases over time, including construction of a landfill closure system, the permittee shall comply with the requirements specified in (a) above for each new phase of construction.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.02 Notice of Intent to Construct {#sec-env-sw-1104.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.02}

(a) Notice of intent to construct a solid waste facility shall be submitted to the department on the form entitled “Notice of Intent to Construct a Solid Waste Facility”, NHDES-S-05-034, 8-27-24, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-034.

(b) The notice of intent to construct shall be signed by the permittee, facility owner, and property owner and shall constitute:

(1) An acknowledgment by the permittee 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;

(2) Affirmation by the permittee that all other prerequisite approvals and actions, as specified in Env-Sw 1104.01(a), have been satisfied for the proposed construction activity;

(3) Affirmation by the permittee that they have provided a copy of the notice to the host municipality and district as required by (c)(2), below;

(4) Affirmation by the facility owner that the permittee has the legal right to construct the facility for the purposes specified in the facility permit;

(5) Affirmation by the property owner that the permittee has the legal right to occupy and use the land on which the facility is or will be located for the purposes specified in the facility permit;

(6) Affirmation by the facility owner that they shall grant access to the facility for closure and post-closure monitoring of the facility and site as required by the solid waste rules and RSA 149-M; and

(7) Affirmation by the property owner that they shall grant access to the land for closure and post-closure monitoring of the facility and site as required by the solid waste rules and RSA 149-M.

(c) The notice of intent to construct shall be:

(1) Filed in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.03 Approval to Commence Construction {#sec-env-sw-1104.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.03}

(a) Except as provided in (e) below, upon receipt of a complete notice of intent to construct, a copy of the notice bearing the department's dated receipt stamp shall be returned to the permittee.

(b) The permittee shall:

(1) Attach the returned copy of the notice to a copy of the permit, or section of the permit, which granted approval of the applicable plans and specifications; and

(2) Prominently display the documents required in (b)(1) at the construction site.

(c) The returned copy of the notice shall constitute approval to commence construction as specified in the notice and in accordance with the approved plans and specifications.

(d) Approval to commence construction 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 the terms and conditions of the permit.

(e) If the permittee has not satisfied all prerequisites for construction as specified in Env-Sw 1104.01, department approval to commence construction shall be withheld while the permittee is notified in accordance with (f) below and corrects the deficiency.

(f) The department shall first notify the permittee by telephone of a deficiency pursuant to (e) above and follow it in writing within 10 working days, if the permittee has not corrected the deficiency in the meantime.

(g) Suspension or revocation of a construction approval shall be subject to the procedure in Env-Sw 306.03.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.03); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.04 General Construction Requirements {#sec-env-sw-1104.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.04}

(a) Except for the design changes allowed by Env-Sw 1104.05, a facility shall be constructed in strict accordance with the approved plans and specifications.

(b) Construction of a facility shall occur in accordance with standard engineering and construction practices.

(c) The permittee shall implement quality assurance controls during construction.

(d) Construction of a facility shall not take place during adverse conditions, including extreme weather events, having the potential to adversely affect:

(1) The quality of the work being performed; or

(2) The performance of the facility or any component thereof when operated and closed.

(e) The permittee shall ensure that construction practices shall comply with all applicable labor safety standards including but not limited to the following:

(1) Regulations administered by the Occupational Safety and Health Administration (OSHA); and

(2) Statutes and rules implemented by the New Hampshire department of labor.

(f) Construction involving the removal or relocation of waste shall occur in accordance with a site safety and contingency work plan as follows:

(1) The plan shall satisfy all applicable federal, state, and local requirements for protection of human health and the environment;

(2) Except as provided by (3) below, the plan shall be submitted for informational purposes in accordance with Env-Sw 1104.01 including a signed statement by a qualified professional attesting to the adequacy of the plan; and

(3) Submittal of the site safety and contingency work plan shall not be required for incidental waste removal such as occurs during gas vent or gas well installation.

(g) Prior to causing any part of any waste containment, conveyance, processing, or treatment system at a facility to become inaccessible for inspection and repair, the system shall be inspected and tested to ensure that it meets all applicable standards and specifications.

(h) Following completion of inspection and testing pursuant to (g) above, the permittee or the project engineer shall prepare a written inspection report, including:

(1) The method of inspection(s);

(2) The applicable test protocol and standards;

(3) For a facility which is subject to Env-Sw 1104.06, the professional signature and seal of the project engineer to certify that, based upon inspection and testing conducted pursuant to the approved design plans and specifications and all additional information known to the project engineer, the applicable facility system has been constructed in accordance with the approved plans and specifications; and

(4) If the written inspection report is prepared by the project engineer, the permittee shall also sign the report.

(i) Construction shall be conducted in a manner that controls to the greatest extent practicable:

(1) Dust;

(2) Litter;

(3) Insects;

(4) Odors;

(5) Vectors;

(6) Spills;

(7) The production of leachate;

(8) Fire hazards, including spontaneous combustion;

(9) The generation of methane and other hazardous or explosive gases;

(10) Noise; and

(11) Nuisances.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.04); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.05 Design Changes During Construction {#sec-env-sw-1104.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.05}

(a) During construction of a facility not subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that:

(1) The change(s) does not violate any siting, design, operating, or closure requirement applicable to the facility; and

(2) The change(s) is identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07.

(b) During construction of a facility which is subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that the project engineer:

(1) Determines that all conditions specified in (c) below are met;

(2) Fully documents the change in the bi-weekly construction report submitted to the department pursuant to Env-Sw 1104.07, or earlier whenever possible;

(3) Establishes a record of the change(s) so as to allow the change to be identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07; and

(4) Provides their signature and seal to approve the change.

(c) A design change shall be implemented pursuant to (b) above only if:

(1) The change is not relevant to assessing facility siting criteria, including depth to bedrock or groundwater, and maintaining compliance therewith;

(2) The design change does not include an increase in facility capacity or a change in the permitted vertical or lateral limits of the facility;

(3) The design change is functionally equivalent or superior to the design feature being changed;

(4) Other than the fact that the change is not explicitly part of the approved plans and specifications, the change complies with all applicable rules and regulations and all terms and conditions of the permit;

(5) The change does not require any change to the facility’s approved operating, closure, and financial assurance plans; and

(6) The change does not involve the use of waste-derived products not certified for distribution and use pursuant to Env-Sw 1500.

(d) For a facility which is subject to Env-Sw 1104.06, a change to the approved plans or specifications which does not meet the conditions specified in (c) above shall be authorized only by issuance of a permit modification pursuant to the provisions of Env-Sw 315.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.05); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.06 Project Engineer and Resident Engineer {#sec-env-sw-1104.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.06}

A standard permit facility, emergency permit facility not exempt pursuant to Env-Sw 313.02(b), and research and development permit facility not exempt pursuant to Env-Sw 312.02(b), shall comply with the following requirements:

(a) The permittee shall designate a project engineer to:

(1) Administer the technical aspects of the construction contract; and

(2) Provide technical coordination of the design, permitting, and construction issues;

(b) The project engineer shall:

(1) Be a qualified professional engineer;

(2) Administer all construction contracts related to technical issues;

(3) Approve all construction contract change orders related to technical aspects of the construction;

(4) Monitor all inspections and testing;

(5) Provide statements and reports bearing the signature and seal of a qualified engineer as required by Env-Sw 1104.04, Env-Sw 1104.05, Env-Sw 1104.07, and Env-Sw 1105.02;

(6) Maintain facility construction records during the construction period;

(7) Monitor all construction activities to ensure compliance with the permit, specifically including the approved design plans and specifications;

(8) Monitor the scheduling of all construction activities;

(9) Generate the written status report required by Env-Sw 1104.07 at the end of each 2 week period; and

(10) Assure compliance with a quality assurance/quality control plan pursuant to Env-Sw 805.16 if applicable;

(c) Either the project engineer or a qualified resident engineer shall be on site at all times when construction activities are performed;

(d) The qualified resident engineer required by (c) above shall be a qualified professional engineer or shall:

(1) Work under the supervision of a qualified professional engineer;

(2) Be experienced in and knowledgeable about the work they will be overseeing; and

(3) Report directly to the project engineer; and

(e) The requirements of (a) through (d) above shall not apply if:

(1) The permittee has demonstrated in the permit application, or the application for a permit modification for construction plan approval, that the nature and scope of the proposed construction activity(s) does not require professional engineering oversight to assure protection of the environment, public health and safety, and to meet other requirements of law; and

(2) The exclusion is approved as a condition of the permit or permit modification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.06); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.07 Construction Reporting and Recordkeeping Requirements {#sec-env-sw-1104.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.07}

(a) Except as provided in Env-Sw 1104.09, the permittee shall submit a written status report no later than the Wednesday following the end of each 2 week work period during construction of a facility.

(b) The status report submitted pursuant to (a) above shall include the following information:

(1) Facility identification, as defined in Env-Sw 103.02;

(2) Description of work completed to date;

(3) An amended construction schedule if the anticipated schedule deviates from the last construction schedule of record;

(4) Design changes implemented pursuant to Env-Sw 1104.05, if any;

(5) Damage and repair information pursuant to (e) below, if any; and

(6) A list of all complaints received including:

a. Name of the complainant;

b. Nature of the complaint;

c. Time that the complaint was received;

d. Estimated time of when the subject of the compliant occurred;

e. Method that the complaint was received; and

f. Mitigation measures taken.

(c) Upon completion of each major element of construction involving a waste containment, conveyance, processing, or treatment system subject to inspection and testing pursuant to Env-Sw 1104.04(g) and Env-Sw 805.16, the permittee shall submit a copy of the inspection report, testing results, and certification bearing the engineer’s signature and seal prepared in accordance with Env-Sw 1104.04(h).

(d) The permittee shall maintain, with the facility operating records pursuant to Env-Sw 1105.06, all construction related records required to document permit compliance and to prepare and validate the record drawings.

(e) If a facility sustains damage during construction which has the potential to adversely affect the integrity of facility operations, life expectancy, or performance, the permittee shall:

(1) Inform the department, as soon as practicable under the circumstances; and

(2) Provide, with the related biweekly construction progress report, a written damage and repair report detailing the incident.

(f) No later than 90 days following completion of construction, the permittee shall:

(1) Submit in accordance with Env-Sw 303 the applicable facility record drawings, prepared in accordance with Env-Sw 1103.05 and explicitly identifying all features different than the features provided in the approved plans and specifications;

(2) Submit all inspection reports and testing results performed pursuant to Env-Sw 1104.04(g) and Env-Sw 805.16 or, if the inspection reports and testing results were previously submitted in writing to the department¸ provide a statement which identifies the date(s) and document(s) previously submitted; and

(3) Provide written certification that the facility, as-built, meets or exceeds all applicable requirements of the permit including the approved plans and specifications.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.07); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.08 Interaction with Department During Construction {#sec-env-sw-1104.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.08}

(a) During construction, the permittee shall:

(1) Provide department personnel with access to the construction site for monitoring and inspection purposes, pursuant to Env-Sw 2000;

(2) Provide department personnel with access to a construction trailer work station, or other appropriate on-site work station, for use in reviewing plans, specifications, and other construction-related records;

(3) Allow department personnel to attend scheduled pre-construction meetings and other construction-related meetings with the project engineer or the contractor, or both; and

(4) Address all issues of concern that the department identifies in writing identified during the inspection or monitoring of the facility construction activities.

(b) If an issue of concern pursuant to (a)(4) above involves a determination by the department that facility construction is not proceeding in accordance with the approved design plans and specifications, the permittee shall halt construction until the issue is resolved.

(c) Revocation or suspension of the construction approval shall be subject to the provisions in Env-Sw 306.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.08); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1104.09 Temporary Cessation of Construction {#sec-env-sw-1104.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1104.09}

(a) If temporary cessation of construction occurs, the permittee shall submit, with the next biweekly construction progress report as required pursuant to Env-Sw 1104.07(a), notification to the department that the project is temporarily on hold and the reason(s) for such temporary cessation.

(b) Within 30 days of notifying the department pursuant to (a) above, the permittee shall submit an interim project status report that includes:

(1) A written certification that the facility built-to-date meets or exceeds all applicable requirements of the permit;

(2) Identification of design changes made pursuant to Env-Sw 1104.05, if any, and the work completed to date;

(3) Actions undertaken to protect the work completed to date; and

(4) An anticipated schedule for resuming construction.

(c) During temporary cessation, biweekly construction progress reports shall not be required.

(d) At least one week prior to resuming construction following a temporary cessation, the permittee shall notify the department of its anticipated construction schedule, and resume submittal of the progress reports required pursuant to Env-Sw 1104.07(a).

(e) A permittee shall be deemed to have abandoned a facility if construction is discontinued for a period of 90 days pursuant to Env-Sw 1106.07.

History

• #14108, eff 11-13-24, EXPIRES: 11-13-34

Part Env-Sw 1105 Additional Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 1105.01 Prerequisites for Operations {#sec-env-sw-1105.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.01}

(a) Prior to commencing operation of a facility, or any phase or portion thereof, the permittee shall:

(1) Obtain operating plan approval, as follows:

a. For a permit-by-notification facility or other facility which is not subject to the provisions of Env-Sw 305.05(b) and (c), the operating plan shall be approved through issuance of the permit and, for a permit-by-notification facility, based solely on representations by the permittee in the application pursuant to Env-Sw 1202.02(a)(2); and

b. For facilities with a standard permit, emergency permit, or research and development permit issued subject to the provisions in Env-Sw 305.05(b) and (c), the operating plan shall be approved pursuant to the provisions for a permit modification in Env-Sw 315;

(2) Assure financial responsibility for facility closure, as follows:

a. For a permit-by-notification facility or other facility not subject to Env-Sw 1400, financial responsibility shall be ensured by having certified responsibility in the permit application pursuant to Env-Sw 303.04; and

b. For facilities with a standard permit, emergency permit, or research and development permit issued subject to the provisions of Env-Sw 305.05(b) and (c), financial responsibility shall be ensured in accordance with the provisions of a final financial assurance plan approved pursuant to the provisions for a permit modification in Env-Sw 315 and by submitting all original signed financial assurance documents required to verify the plan has been implemented and is in effect;

(3) Complete facility construction in accordance with all applicable construction requirements and submit all construction status reports, including construction inspection reports, as specified in Env-Sw 1104.07;

(4) Comply with all other pre-operation requirements specified in the permit; and

(5) After complying with (1) through (4) above, file a notice of intent to operate as specified in Env-Sw 1105.02.

(b) For a landfill or other facility operated on a phase by phase basis over time, the permittee shall comply with the requirements specified in (a) above each time operation of a new phase commences.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.02 Notice of Intent to Operate {#sec-env-sw-1105.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.02}

(a) Notice of intent to operate a solid waste facility shall be submitted to the department on the form entitled “Notice of Intent to Operate a Solid Waste Facility”, NHDES-S-05-035, 8-27-2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-035.

(b) The notice of intent to operate shall be signed by the permittee, facility owner, and property owner and shall constitute:

(1) An acknowledgment by the permittee 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;

(2) Affirmation by the permittee that all other prerequisite approvals and actions, as specified in Env-Sw 1104.01(a), have been satisfied for the proposed construction activity;

(3) Affirmation by the permittee that they have provided a copy of the notice to the host municipality and district as required by (c)(2), below;

(4) Affirmation by the facility owner that the permittee has the legal right to construct the facility for the purposes specified in the facility permit;

(5) Affirmation by the property owner that the permittee has the legal right to occupy and use the land on which the facility is or will be located for the purposes specified in the facility permit;

(6) Affirmation by the facility owner that they shall grant access to the facility for closure and post-closure monitoring of the facility and site as required by the solid waste rules and RSA 149-M; and

(7) Affirmation by the property owner that they shall grant access to the land for closure and post-closure monitoring of the facility and site as required by the solid waste rules and RSA 149-M.

(c) The notice of intent to operate shall be:

(1) Filed with the department in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.03 Operating Approval {#sec-env-sw-1105.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.03}

(a) Except as provided in (e) below, upon receipt of a complete notice of intent to operate, a copy of the notice bearing the department's dated receipt stamp shall be returned to the permittee.

(b) The permittee shall attach the returned copy of the notice to the permit.

(c) The returned copy of the notice shall constitute approval to commence operations as specified in the notice and in accordance with the approved operating plan.

(d) Approval to commence operations shall:

(1) Be subject to terms and conditions as necessary to ensure that the facility operates in accordance with the approved plans and specifications, all applicable rules and regulations, and the terms and conditions of the permit; and

(2) Expire one year from the date of issuance if operations have not commenced, unless notice is provided pursuant to Env-Sw 1106.07(b).

(e) If the permittee has not satisfied all prerequisites for operations, as specified in Env-Sw 1105.01:

(1) The notice of intent to operate shall not be returned by the department upon receipt; and

(2) Approval to commence operations shall be thereby withheld while permittee is notified and corrects the deficiency.

(f) The department shall first notify the permittee by telephone of a deficiency pursuant to (e) above and follow it in writing within 10 working days if the permittee has not corrected the deficiency in the meantime.

(g) Suspension or revocation of an operating approval shall be subject to Env-Sw 306.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.03); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.04 Basic Operating Requirements {#sec-env-sw-1105.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.04}

(a) A facility shall operate in compliance with RSA 149-M, all requirements in the solid waste rules, including those noted in Env-Sw 1101.02(c) as applicable and this part, and the terms and conditions of the permit.

(b) As a condition of the permit, the facility shall operate in accordance with the last approved operating plan record.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.04); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.05 Signs and Postings {#sec-env-sw-1105.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.05}

(a) Legible signs shall be posted at or near each public entrance to a facility.

(b) The signs required pursuant to (a) above shall include the following:

(1) The facility name and permit number;

(2) The name, address, and telephone number of the permittee;

(3) The days and hours that the facility will be open to receive waste;

(4) The types of wastes accepted; and

(5) A statement that unlawful dumping will be subject to fine and prosecution.

(c) A copy of the permit, including a complete copy of the last approved operating plan of record and a complete copy of the last approved closure plan of record, shall be maintained at an on-site location accessible to certified operators.

(d) A copy of the authorization page of the permit bearing the permit number and the authorization signature, shall be prominently displayed at the facility.

(e) Current operator certification certificates, obtained pursuant to the provisions of Env-Sw 1600, shall be prominently displayed at the facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.05); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.06 Facility Operating Records {#sec-env-sw-1105.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.06}

(a) The permittee shall compile and maintain records at the facility which document all phases of facility operations, including the following information:

(1) Identification of the facility by name, location by street and municipality, and permit number;

(2) Identification of the permittee by name, address, and telephone number;

(3) Identification of all certified operator(s) by name, certificate number, and date(s) of employment at the facility;

(4) A copy of the permit and all permit modifications;

(5) Quantity, type, source, and destination of all waste received by the facility;

(6) Quantity, type, and destination of all waste generated by the facility, if any, including bypass waste and residual waste;

(7) Quantity, type, and destination of all certified waste-derived products produced by the facility, if any;

(8) Record of inspections, maintenance, and repairs;

(9) Record of accidents, violations, remedial and emergency event response actions;

(10) Record of complaints received and related response actions;

(11) Data from all environmental monitoring performed at or for the facility, whether required by the solid waste rules or the permit or undertaken voluntarily;

(12) Documentation of contact with the waste management district(s) served by the facility as required by Env-Sw 1105.12;

(13) If the facility is subject to 40 CFR 258, such information and documentation that the permittee is required therein to place into the facility operating records;

(14) Other recordkeeping information and documentation required by Env-Sw 400 through Env-Sw 800 as applicable based on the functional classification of the facility; and

(15) Other information and documentation as required by the terms and conditions of the permit.

(b) Upon receipt of solid waste by a disposal facility, the permittee shall obtain a written statement bearing the signature or electronic equivalent of bearing the signature or electronic equivalent of the transporter certifying that the following information is true and correct to the best of the transporter’s knowledge and belief:

(1) The printed or typed name and mailing address of the person delivering the solid waste;

(2) The date of delivery;

(3) A declaration of the total number of tons of solid waste being delivered to the facility; and

(4) The point of origin of the waste contained in each load, identified by individual state, and number of tons from that state.

(c) The operating records identified in (a) above shall be maintained at the facility at all times during the active life of the facility, unless approval is granted pursuant to the provisions for a permit modification in Env-Sw 315 to relocate or destroy the record.

(d) Operating records shall be made available for department inspection and copies provided to the department pursuant to Env-Sw 2000.

(e) Following closure of the facility, the operating records shall be maintained at a location approved by the department in the closure plan, unless destruction of the records is approved pursuant to the provisions for a permit modification in Env-Sw 315.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.06); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.07 Reporting Requirements {#sec-env-sw-1105.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.07}

(a) The permittee shall notify the department in writing within 30 calendar days of any of the following changes:

(1) Permittee mailing address, day time telephone number, or email address;

(2) Facility mailing address or telephone number;

(3) Certified operators; and

(4) Authorized contact person.

(b) The permittee shall file an annual facility report by March 31 for the prior calendar year for each year that the facility operates and for each year of the facility’s post-closure monitoring and maintenance period, as follows:

(1) For a facility that received waste during the reporting year, the report shall contain the information required by Env-Sw 1105.13, except as provided by (3) below;

(2) For a facility that did not receive waste during the reporting year and is either undergoing closure or has completed closure excluding completion of all post-closure monitoring and maintenance obligations, the annual report shall contain the information required by Env-Sw 1105.14, except as provided by (3) below; and

(3) Except for facility identification information, the permittee shall not be required to submit in the annual report any information specified in Env-Sw 1105.13 or Env-Sw 1105.14 if the information was already reported in writing to the department during the calendar reporting year and the permittee provides a written statement which identifies:

a. The nature of the information already submitted;

b. The date the information was submitted or the date on the document containing the information;

c. The title of the document containing the information, if applicable; and

d. The name of the person who submitted the information.

(c) The permittee shall report all changes in operational and ownership control in accordance with the provisions for a permit modification, pursuant to Env-Sw 315.

(d) Pursuant to (e) below and in accordance with Env-Sw 303, the permittee shall notify the department in writing prior to conducting the following activities at the facility not specifically authorized in the permit:

(1) Any activity not regulated by the solid waste rules but involving a waste listed in Env-Sw 101.03; and

(2) Any activity that is permit-exempt in Env-Sw 302.03.

(e) For activities commencing at the facility site after permit issuance, written notice pursuant to (d) above shall include the following, compiled in the order shown:

(1) Facility name, location by street and municipality, and permit number;

(2) A description of the subject activity;

(3) A site plan showing the location of the subject activity in relation to the permitted facility activities;

(4) The date the subject activity will commence and the anticipated duration of the activity;

(5) Identification and status of other local, state, and federal permits and approvals required to implement the subject activity; and

(6) Certification, signed by the permittee, that the activity shall not adversely affect the permitted construction, operation, and closure of the facility as required by Env-Sw 1102.02.

(f) For activities existing at the facility site prior to permit issuance, written notice pursuant to (d) above shall be provided in the permit application by showing the activity on the existing features plan and describing the activity in the siting assessment.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.07); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.08 Hours of Operation {#sec-env-sw-1105.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.08}

(a) Except as provided by (b) below, all active and routine facility operations, including waste disposal, facility inspections, maintenance, repairs, and monitoring, shall occur between 6:00 a.m. and 6:00 p.m. under normal non-emergency circumstances.

(b) Regular operating hours outside of the normal 6:00 a.m. to 6:00 p.m. window specified by (a) above shall be allowed only if:

(1) Approved by the department in the terms and conditions of the permit based on information provided in an application which demonstrates:

a. The facility will not successfully operate within the normal window; and

b. The alternative hours will not result in problems relating to safety, access control, or nuisances; or

(2) The facility is a limited private facility and receives no waste from off-site locations.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.08); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.09 Receipt and Management of Waste {#sec-env-sw-1105.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.09}

(a) Only authorized wastes, as specified in the permit, shall be accepted by a facility.

(b) The facility shall only accept waste generated within its permitted service area and service type.

(c) Incoming wastes shall be inspected and, if necessary, sampled and analyzed to assure the facility accepts authorized waste only.

(d) Unauthorized waste shall be rejected by the facility.

(e) The permittee shall advise the transporter of a rejected waste as to potentially available alternative facilities which the permittee believes or knows to be authorized to receive the type of waste being rejected.

(f) The quantity of incoming waste, outgoing waste, and certified waste-derived products produced by the facility shall be measured and recorded in the facility operating records.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.09); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.10 Management of Residual Waste {#sec-env-sw-1105.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.10}

(a) Facility operations shall include provisions to properly manage residual waste.

(b) A facility shall obtain and maintain access to at least 2 authorized locations where adequate capacity exists to handle the type and quantity of all residual waste, excluding landfill decomposition gas, that the facility shall regularly generate during its operating and post-closure periods.

(c) A residual waste shall not be distributed for use unless certified for distribution and use in accordance with Env-Sw 1500.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.10); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.11 Operating Plan Content and Format {#sec-env-sw-1105.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.11}

(a) A facility operating plan shall provide sufficient detail to allow the certified operator and other trained facility personnel to operate the facility in compliance with RSA 149-M, the permit, and the solid waste rules without further explanation or guidance.

(b) The operating plan shall be prepared as a loose leaf document to facilitate amendment as specified in Env-Sw 315.

(c) Each page of the operating plan shall bear the page number, the date of preparation or last revision, as applicable, and the facility name, location by street address and municipality, and permit number, if a permit is issued for the facility at the time that the operating plan or a modification thereto is prepared.

(d) The content and organizational format of the operating plan shall be as follows:

(1) Section 1, titled “facility identification,” shall identify:

a. The facility name, telephone number, mailing address, location by street address and municipality, and permit number;

b. The type of the facility;

c. The capacity of the facility;

d. The facility service type;

e. The facility service area; and

f. The name, address, and telephone number of the permittee, property owner, and facility operator;

(2) Section 2, titled “authorized and prohibited waste,” shall provide a list of:

a. The specific waste types the facility is authorized to receive; and

b. The specific waste types the facility is not authorized to receive;

(3) Section 3, titled “routine operations plan,” shall provide a detailed description of how the daily operations of the facility will be conducted to ensure that the facility will be operated in accordance with the solid waste rules, including a description of:

a. Hours of operations;

b. Facility access control and on-site traffic patterns;

c. Waste acceptance and rejection procedures, including unloading, sorting, and inspection procedures;

d. The procedure by which the quantity and source(s) of all wastes received by the facility will be determined and recorded;

e. The procedure by which the quantity and destination of all outgoing waste and certified waste-derived products will be determined and recorded;

f. The storage time and capacity limits for all wastes received by the facility and the procedures by which the limits will be monitored to ensure compliance therewith;

g. All collection, storage, transfer, processing, treatment, and disposal methods and procedures employed by the facility for managing waste following receipt, described in narrative form and identified in a process flow diagram; and

h. For facilities that process or treat waste, the methods or procedures for managing bypass waste and the quality assurance/quality control procedures relating to the management of processed or treated waste;

(4) Section 4, titled “residual waste management plan,” shall provide a detailed narrative description and a process flow diagram of how all residual waste, if any, will be generated and managed by the facility, including the information specified in a. through d. below, or if the facility will not generate any residual waste, a statement including:

a. The type and estimated quantity of all residual wastes to be generated by the facility;

b. How such wastes will be managed at the facility prior to removal;

c. Information to demonstrate how the provisions of Env-Sw 1105.10 shall be met; and

d. Quality assurance/quality control provisions, to assure that the wastes to be transferred will be acceptable to the receiving facility;

(5) Section 5, titled “facility maintenance, inspection, and monitoring plan,” shall identify all routine maintenance, inspection, and monitoring requirements necessary to assure the integrity of facility operations, including a description of the measures to be undertaken to monitor and inhibit the following:

a. Spontaneous combustion;

b. Other fire hazards;

c. Vector production;

d. Generation of methane, hazardous, or explosive gases;

e. Odors;

f. Dust;

g. Windblown litter;

h Leachate; and

i. Spills;

(6) Section 6, titled “contingency plan,” shall:

a. Identify all reasonably foreseeable emergencies, such as power outage, fire, explosion, operator injury, and the like, based on the type of facility and wastes being handled;

b. Describe the appropriate response of facility personnel for each emergency identified in a. above; and

c. Include identification of and telephone numbers for all local and state officials to be notified in the event of an emergency;

(7) Section 7, titled “employee training program,” shall provide a description of employee training program(s); and

(8) Section 8, titled “recordkeeping and reporting,” shall provide a description of record keeping procedures as necessary to comply with Env-Sw 1005.09, Env-Sw 1105.06, and Env-Sw 1105.07; and

(9) Section 9, titled “facility site plan,” shall provide a site plan(s) detailing the facility layout, including:

a. All areas where waste is collected, stored, transferred, processed, treated, and disposed of as described in section 3 of the operating plan;

b. All areas where residual waste, if any, is generated and managed, as described in section 4 of the operating plan;

c. Hot load pad; and

d. Traffic pattern(s).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.11); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.12 Interactions with Host Municipalities, Solid Waste Management Districts, and the Public {#sec-env-sw-1105.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.12}

(a) During the active life of a facility, the permittee shall annually communicate with the host municipality and the host solid waste management district to ensure that:

(1) All operating requirements established for the facility pursuant to the provisions of RSA 149-M:11, XI pertaining to the requirements of RSA 149-M:11, III(c) and RSA 149-M:12, I(b) are being met by the facility; and

(2) Facility operations meet other relevant planning needs and requirements identified or established by the district, to the extent allowed by the permit.

(b) The communication required by (a) above shall be sent to:

(1) The host municipality, which in the case of:

a. A town, shall the town clerk and select board;

b. A city, shall be the city clerk, mayor, and city council; or

c. An unincorporated town or place, shall be the county commissioners; and

(2) The chairperson of the host solid waste management district.

(c) The communication required by (a) above may be provided by sending a copy of the facility’s annual report with a cover letter identifying the purpose of the communication and soliciting a response by municipal and district officials concerning the requirements of (a) above.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.12); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.13 Annual Report for Active Facilities, Content {#sec-env-sw-1105.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.13}

(a) For facilities that received waste during the reporting year, the annual report required by Env-Sw 1105.07(b)(1) shall be submitted to the department on the form entitled “Annual Facility Report for Active Solid Waste Facilities”, NHDES-S-05-056, 8-27-2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-056.

(b) The permittee shall include a summary and assessment of environmental monitoring performed at the facility, whether required by the solid waste rules, the permit, or undertaken voluntarily, including groundwater testing, leachate testing, gas migration monitoring, odor surveys, and any other supporting data.

(c) The permittee shall certify that the facility is in compliance with the following based on a self-inspection of the facility:

(1) The facility operating plan pursuant to Env-Sw 1105.04(b);

(2) The requirements of Env-Sw 1105.12 for communication with the host municipality and the host solid waste management district;

(3) Any applicable requirements of Env-Sw 900;

(4) All terms and conditions of the facility permit;

(5) The requirements of Env-Hw 1100 for the management of universal wastes, if applicable;

(6) The requirements of Env-Hw 807 for the management of used oil, if applicable; and

(7) The requirements of Env-A 1000 for the operation of a burn pile, if applicable;

(d) If the permittee is unable to certify compliance with (c)(1) through (7), a schedule for achieving compliance;

(e) The form submitted as specified in Env-Sw 1105.13(a) shall be signed by the permittee.

(f) The signature shall constitute an affirmation that the material and information submitted is correct and complete to the best of their knowledge and belief.

heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.13); ss by #10598, eff 7-1-14; amd by #10912, eff 8-22-15; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1105.14 Annual Report for Inactive Facilities, Content {#sec-env-sw-1105.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1105.14}

(a) For facilities not receiving waste during the reporting year and either undergoing closure or having completed closure except for post-closure monitoring and maintenance obligations, the annual report required by Env-Sw 1105.07(b)(2) shall be submitted to the department on the form entitled “Annual Post-Closure Report for Inactive (Closed) Solid Waste Landfills”, NHDES-S-05-057, 8-27-2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-057.

(b) The permittee shall include a summary and assessment based on the evaluation of all environmental monitoring data and other information pertaining to facility conditions whether required by the solid waste rules, the permit, or undertaken voluntarily to determine how well the facility is progressing toward meeting the post-closure performance standards in Env-Sw 807.04, including:

(1) Groundwater testing, leachate testing, gas migration monitoring, odor surveys, information gathered during inspections, and any other supporting data;

(2) A site plan;

(3) Information concerning emergency events or other unexpected or unusual events at the facility relevant to assessing whether the facility is achieving post-closure performance standards;

(4) A statement as to whether:

a. The landfill is achieving the post-closure performance standards specified in Env-Sw 807.04; and

b. The approved post-closure monitoring and maintenance period or plan are adequate, or if adjustments are recommended.

(c) The permittee shall ensure that the summary and assessment include a statement bearing the signature and seal of a qualified professional engineer.

(d) The form as specified in Env-Sw 1105.14(a) shall be signed by the permittee.

(e) The signatures shall constitute an affirmation that the material and information submitted is correct and complete to the best of their knowledge and belief.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.14); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

Part Env-Sw 1106 Additional Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 1106.01 Commencement of Closure Activities {#sec-env-sw-1106.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.01}

(a) Prior to commencing closure of a facility and as specified in (b) below, the permittee shall file a notice of intent to close as described by Env-Sw 1106.02 and, for any closure activity involving construction, shall obtain construction approval pursuant to the provisions of Env-Sw 1104.

(b) The permittee shall file a notice of intent to close at least:

(1) Thirty days prior to commencement of closure activities for transfer stations;

(2) Sixty days prior to commencement of closure activities for processing/treatment facilities; and

(3) One hundred twenty days prior to commencement of closure activities for landfills.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1106.02 Notice of Intent to Permanently Close {#sec-env-sw-1106.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.02}

(a) Notice of intent to permanently close a facility shall be submitted to the department on the form entitled “Notice of Intent to Permanently Close a Solid Waste Facility”, NHDES-S-05-036, 8-27-2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-036.

(b) The notice of intent to permanently close shall be signed by the permittee, facility owner, and property owner and shall constitute:

(1) An acknowledgment by the permittee that any approval to close the solid waste facility, if granted, may be subject to post-closure care responsibilities;

(2) Affirmation by the permittee that the facility will be closed in accordance with the closure requirements specified in Env-Sw 1006 and Env-Sw 1106;

(3) Affirmation by the permittee that they have provided a copy of the notice to the host municipality and district as required by (c)(2), below;

(4) Affirmation by the facility owner that the permittee has the legal right to close the facility in accordance with applicable requirements;

(5) Affirmation by the property owner that the permittee has the legal right to occupy and use the land on which the facility is or will be located for the purposes specified in the facility permit;

(6) Affirmation by the facility owner that they shall grant access to the facility for closure and post-closure care as required by the solid waste rules and RSA 149-M; and

(7) Affirmation by the property owner that they shall grant access to the land for closure and post-closure inspection, monitoring, and maintenance of the facility and site as required by the solid waste rules and RSA 149-M.

(c) The notice of intent to permanently close shall be:

(1) Filed with the department in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1106.03 Approval to Commence Closure {#sec-env-sw-1106.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.03}

(a) Except as provided in (e) below, upon receipt of a complete notice of intent to close, a copy of the notice bearing the department’s dated receipt stamp shall be returned to the permittee.

(b) The permittee shall:

(1) Attach the returned copy of the notice to a copy of the permit, or section of the permit, which granted approval of the applicable closure plan; and

(2) Promptly display each at the site.

(c) The returned copy of the notice shall constitute approval to commence closure as specified in the notice and in accordance with the approved closure plan.

(d) Approval to commence closure shall:

(1) Expire one year from the date of issuance if closure is not commenced; and

(2) Be subject to terms and conditions as necessary to assure the facility is closed in accordance with the approved plans and specifications, all applicable rules, regulations, and the terms and conditions of the permit.

(e) If the permittee has not satisfied all prerequisites for closure as specified in Env-Sw 1106.01, the notice of intent to closure shall not be returned by the department upon receipt and approval to commence closure shall be thereby withheld while the permittee is notified and corrects the deficiency.

(f) The department shall first notify the permittee by telephone of a deficiency pursuant to (e) above and follow it in writing within 10 working days, if the permittee has not corrected the deficiency in the meantime.

History

• #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1106.04 Basic Facility Closure Requirements {#sec-env-sw-1106.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.04}

A facility shall close in conformance with Env-Sw 406, Env-Sw 506, Env-Sw 706, Env-Sw 807, and Env-Sw 1006 and the provisions of an approved closure plan in conformance with Env-Sw 1106.05.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.03); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34 (formerly Env-Sw 1106.03)

N.H. Code Admin. R. Ann. Env-Sw 1106.05 Closure Plan, Content, and Format {#sec-env-sw-1106.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.05}

(a) A facility closure plan shall provide sufficient detail to allow a third party to implement and complete all required facility closure tasks in compliance with RSA 149-M, the permit, and the solid waste rules without further explanation or guidance or as provided by (b) below.

(b) For a landfill closure plan prepared before the facility reaches final grades, the design plans and specifications for the capping system and related appurtenances shall be considered preliminary and need not provide final design detail sufficient to allow third party implementation without further explanation or guidance. However, any closure plan approved on the basis of preliminary plans shall include, in the list of closure tasks, provisions for preparing final design plans and specifications for the capping system and related appurtenances, as specified in Env-Sw 807.

(c) The closure plan shall be prepared as a loose-leaf document to facilitate amendment.

(d) Each page of the closure plan shall bear the page number, the date of preparation or last revision, as applicable, and the facility name and permit number if a permit is issued for the facility at the time that the closure plan or a modification thereto is prepared.

(e) The closure plan shall be organized and prepared as follows:

(1) Section 1, titled “facility identification,” shall provide:

a. The facility name, telephone number, mailing address, location by street address and municipality, and permit number;

b. The type of facility; and

c. The name, address, and telephone number of the permittee, property owner, and facility operator;

(2) Section 2, titled “closure schedule,” shall provide the anticipated date of closure and a closure schedule that sets forth each discrete activity that will be undertaken to complete facility closure, the order in which the activities will be undertaken and the estimated length of time the activity will take;

(3) Section 3, titled “waste identification,” shall identify all types of waste received or intended to be received by the facility during its active life;

(4) Section 4, titled “notifications,” shall provide a description of how notice will be given to facility users prior to terminating receipt of waste;

(5) Section 5, titled “closure requirements,” shall provide:

a. A list of each major closure work task required to implement and complete closure of the facility;

b. A description of the procedures for completing all required closure work tasks; and

c. Design plans and specifications for construction of required closure systems;

(6) Section 6, titled “post-closure requirements,” shall:

a. Describe all required post-closure testing, inspection, maintenance, and monitoring that will be performed at the facility pursuant to the provisions of the solid waste rules and the permit;

b. Identify any activity not regulated by the solid waste rules but involving a waste listed in Env-Sw 101.03, and any activity that is permit-exempt in Env-Sw 302.03; and

c. For a landfill, identify any activity approved in accordance with Env-Sw 807.

(7) Section 7, titled “recordkeeping and reporting,” shall identify and describe:

a. All recordkeeping and reporting obligations required of the facility following completion of the closure work identified in section 5 of the closure plan; and

b. Locations and provisions for storing facility records, including the operating records, following facility closure;

(8) Section 8, titled “other permits and approvals,” shall:

a. Identify all other existing local, state, and federal permits and approvals anticipated to be in effect at the time of closure;

b. Identify all other local, state, and federal permits and approvals required to implement facility closure, including the implementation of all post-closure monitoring and maintenance requirements;

c. Identify the status of each permit and approval identified pursuant to a. above; and

d. For a landfill located on property not owned by the permittee, include a copy of the written executed access agreement required by Env-Sw 1003.03; and

(9) Section 9, titled “closure cost estimate,” shall provide a closure cost estimate prepared in accordance with the criteria in Env-Sw 1403.02.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.04); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34 (formerly Env-Sw 1106.04)

N.H. Code Admin. R. Ann. Env-Sw 1106.06 Notification of Closure {#sec-env-sw-1106.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.06}

Within 30 days of completing all required closure activities at a non-landfill facility, the permittee shall certify in writing to the department that closure has been completed as required by the solid waste rules.

History

• #14108, eff 11-13-24, EXPIRES: 11-13-34

N.H. Code Admin. R. Ann. Env-Sw 1106.07 Cessation of Facility Construction or Operations {#sec-env-sw-1106.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1106.07}

(a) A permittee shall be deemed to have abandoned the use of a facility if no wastes are received, processed, or treated at the facility for a period of 90 days, except as provided by (b) below.

(b) A facility shall not be deemed abandoned if the permittee provides written notice to the department, within 90 days of ceasing operations, identifying the conditions for the temporary cessation of operation and identifying the provisions for resuming operation, including the following information:

(1) Facility identification;

(2) Activity(s) being temporarily discontinued;

(3) Reason for the temporary discontinuance of activity(s);

(4) Date activity(s) are anticipated to resume; and

(5) Provisions which will be undertaken to protect the environment, public health and safety during the temporary discontinuance.

(c) Following notice of temporary cessation, the department shall notify the permittee whether additional actions shall be required to secure the facility and site to prevent adverse impact to the environment, public health and safety, based on information provided in the notice and other available information concerning the status of the facility.

(d) A temporary cessation of activities shall not exceed 2 years.

(e) If the permittee fails to take action to secure the facility and site as specified, or if a temporary cessation exceeds 2 years, then the permittee shall be required to implement closure in accordance with Env-Sw 406, Env-Sw 506, Env-Sw 606, Env-Sw 706, Env-Sw 807, Env-Sw 1006, Env-Sw 1106, Env-Sw 1205, Env-Sw 1403, and the permit.

Appendix

Rule Sections

State Statute(s) Being Implemented

Env-Sw 1100

RSA 149-M:6, III; RSA 149-M:7, II, III, and XIV; RSA 149-M:9, I and III

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.05); ss by #10598, eff 7-1-14; ; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34 (formerly Env-Sw 1106.05)

Chapter Env-Sw 1200 Permit-by-Notification Solid Waste Facility Requirements

Part Env-Sw 1201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1201.01 Purpose {#sec-env-sw-1201.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1201.01}

The purpose of the rules in this chapter is to:

(a) Prescribe the requirements and limitations for siting, designing, constructing, operating, and closing a facility under the provisions of a permit-by-notification issued pursuant to Env-Sw 311; and

(b) Ensure, through the prescribed requirements and limitations, that permit-by-notification facilities shall be sited, designed, operated, and closed in a manner that does not endanger the public health or adversely affect the environment and which minimizes the potential for accidents that could lead to personal injury or property damage.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2901.01); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1201.02 Applicability {#sec-env-sw-1201.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1201.02}

The rules in this chapter shall apply to all permit-by-notification facilities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2901.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

Part Env-Sw 1202 General Requirements

N.H. Code Admin. R. Ann. Env-Sw 1202.01 Universal Requirements {#sec-env-sw-1202.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.01}

All permit-by-notification facilities shall comply with the following:

(a) The universal facility requirements in Env-Sw 1000;

(b) The waste specific requirements in Env-Sw 900 as applicable to the type of waste managed by the facility; and

(c) The requirements of this chapter.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.01); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1202.02 Requirements for Operating Longer than 90 days {#sec-env-sw-1202.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.02}

(a) A permit-by-notification facility having an active life longer than 90 days shall comply with the requirements in Env-Sw 1100, with the following exceptions:

(1) There shall be no requirement to submit final design plans and specifications for construction approval;

(2) There shall be no requirement to submit an operating plan, provided that:

a. A written operating plan which meets the requirements of Env-Sw 1105.11 is prepared prior to operating the facility;

b. The operating plan is available for use by the certified operator(s) and for inspection by the department pursuant to Env-Sw 2000;

c. The permittee submits in the permit application a signed statement which attests to the existence of the plan, and certifies that the plan meets the requirements of Env-Sw 1105.11; and

d. The facility operates in compliance with the solid waste rules and the permit; and

(3) There shall be no requirement to submit a closure plan, provided that:

a. A written closure plan that meets the requirements of Env-Sw 1106.04 is prepared prior to operating the facility;

b. The closure plan is available for use by the certified operator(s) and for inspection by the department pursuant to Env-Sw 2000;

c. The permittee submits in the permit application a signed statement which attests to the existence of the plan, and certifies that the plan meets the requirements of Env-Sw 1106.04; and

d. The facility closes in compliance with the solid waste rules and the permit.

(b) A non-landfill permit-by-notification facility having an active life longer than 90 days shall comply with the following:

(1) Env-Sw 403 through Env-Sw 406, if the facility is a collection, storage, and transfer facility identified in Env-Sw 407;

(2) Env-Sw 503 through Env-Sw 506, if the facility is a processing or treatment facility identified in Env-Sw 507 or a composting facility identified in Env-Sw 607 or an incinerator identified in Env-Sw 707;

(3) Env-Sw 603 through Env-Sw 606, if the facility is a composting facility identified in Env-Sw 607; and

(4) Env-Sw 703 through Env-Sw 706, if the facility is an incinerator identified in Env-Sw 707.

(c) A permit-by-notification landfill shall not be permitted to have an active life longer than 90 days unless:

(1) The facility is located on publicly owned land;

(2) The permittee is a government agency or unit or a political subdivision of the state; and

(3) Vehicular access to the facility is physically restricted at all times when a certified operator is not present.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1202.03 Consecutive Permits Prohibited {#sec-env-sw-1202.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.03}

Consecutively dated permits-by-notification shall not be issued to a facility as a means to avoid obtaining a standard permit pursuant to the solid waste rules or as a means to avoid any requirement specified in Env-Sw 1202.02.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.03); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1202.04 Obligation to Obtain Other Approvals {#sec-env-sw-1202.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.04}

The existence of a permit-by-notification shall not affect a person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals, or to comply with all other applicable federal, state, district, or local permits, ordinances, laws, or approvals or conditions pertaining to the permit-by-notification activities.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.04); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1202.05 Permittee and Operator Qualifications {#sec-env-sw-1202.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.05}

(a) The permittee, facility owner, and property owner shall be the same person.

(b) The permittee shall be in charge of operating the facility, maintaining responsibility for the facility, and all related operations.

(c) The permittee shall provide compliance certification pursuant to Env-Sw 303.14.

(d) If the facility has an active life longer than 90 days, each operator shall be certified pursuant to Env-Sw 1600 unless otherwise specified in these rules for a specific type of facility.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.05); ss by #10595, eff 7-1-14; ss by #12045, eff 11-18-16; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1202.06 Permit Transfer Limitations and Requirements {#sec-env-sw-1202.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1202.06}

(a) A permit-by-notification shall be non-transferable, except as provided in (d) below.

(b) In the event a permit-by-notification facility will be sold or otherwise conveyed to a second party, the second party shall apply pursuant to Env-Sw 311 to obtain a new permit-by-notification for the facility if the second party intends to continue operating the facility.

(c) If the second party does not obtain a new permit-by-notification to continue operating the facility, the permittee of record shall close the facility in accordance with the solid waste rules and the permit prior to conveying the facility to the second party.

(d) In the case of a closed permit-by-notification landfill, the following shall apply:

(1) The applicable permit-by-notification shall be automatically transferred to the new property owner upon conveyance of the property to a new owner;

(2) Prior to conveyance, the permittee of record shall disclose the existence of the closed facility to the potential new owner and inform the potential new owner of all permit obligations related thereto; and

(3) Failure to provide such disclosure shall not alleviate a new owner, as permittee, from meeting any regulatory obligation relating to the facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.06); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

Part Env-Sw 1203 Siting Requirements

N.H. Code Admin. R. Ann. Env-Sw 1203.01 Location Restrictions, New Permit-by-Notification Facilities {#sec-env-sw-1203.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1203.01}

The following restrictions shall apply to siting all new permit-by-notification facilities:

(a) The facility shall not be sited on property that is subject to any on-going enforcement action by the department, unless the facility is approved by the department as part of the enforcement action and a copy of the approval is submitted with the application for the related permit-by-notification;

(b) The facility shall not be sited within 50 feet of any property line;

(c) The facility shall not be sited in a 100-year flood plain;

(d) The facility shall be sited in conformance with Env-Sw 1003;

(e) If the facility has an active life longer than 90 days, it shall be sited in conformance with Env-Sw 1102; and

(f) The facility shall not be sited in a location that would violate the provisions of any groundwater management permit pursuant to Env-Or 607.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2903.01); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1203.02 Additional Location Restrictions for Landfills {#sec-env-sw-1203.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1203.02}

(a) A permit-by-notification landfill shall not be sited less than 75 feet to surface water or wetlands.

(b) A permit-by-notification landfill shall be located to provide at least 4 feet of vertical separation between the base of the disposal area and the seasonal high groundwater table.

(c) A permit-by-notification landfill shall be located to provide at least 4 feet of vertical separation between the base of the disposal area and bedrock.

(d) A permit-by-notification landfill shall not be sited less than 50 feet from the footprint of any landfill which is not yet capped.

(e) A permit-by-notification landfill having an active life longer than 90 days shall be sited on publicly owned land only.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2903.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

Part Env-Sw 1204 Operating Requirements

N.H. Code Admin. R. Ann. Env-Sw 1204.01 General Operating Requirements {#sec-env-sw-1204.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1204.01}

A permit-by-notification facility shall comply with the universal operating requirements in Env-Sw 1005 and the requirements of this part.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2904.01); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1204.02 Authorized Waste {#sec-env-sw-1204.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1204.02}

A permit-by-notification facility shall receive only those wastes specifically authorized in Env-Sw 407, Env-Sw 507, Env-Sw 607, or Env-Sw 707, as applicable to the type of facility being permitted.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2904.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1204.03 Prohibited Waste {#sec-env-sw-1204.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1204.03}

A permit-by-notification facility shall not receive the following types of solid waste:

(a) Asbestos waste, unless the facility is an asbestos waste holding facility permitted under the provisions of Env-Sw 407.06;

(b) Explosive waste;

(c) Contained gaseous waste, unless collected for recycling;

(d) Liquid waste unless collected for recycling;

(e) Infectious waste, except for household infectious waste as defined in Env-Sw 103 and infectious waste treatment facilities explicitly authorized by Env-Sw 507;

(f) Animal carcasses;

(g) Contaminated soils and other absorbent media; and

(h) Out-of-state waste, unless the waste is received for recycling, not incineration or disposal.

History

• #6619-B, eff 10-29-97; ss by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2904.03); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1204.04 Capacity Limits {#sec-env-sw-1204.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1204.04}

(a) The capacity of a permit-by-notification facility shall be limited to that which is specified in Env-Sw 407, Env-Sw 507, Env-Sw 607, and Env-Sw 707, as applicable to the type of facility being permitted.

(b) To assure compliance with RSA 149-M:11, IV(a), no permit-by-notification facility shall receive greater than 30 tons of waste per day as averaged:

(1) Over a one year period for facilities operating more than one year; and

(2) Over the life of the facility, if operating less than one year.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2904.04); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1204.05 Landfill Operating Requirements {#sec-env-sw-1204.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1204.05}

The following requirements shall apply to operating all permit-by-notification landfills:

(a) At all times during facility operations, the permittee shall maintain cover materials at the site in a quantity sufficient to comply with all daily and final cover requirements specified by the solid waste rules, except publicly owned facilities with an active life longer than 90 days may maintain the cover materials at other locations readily accessible to the site and permittee;

(b) Only soil shall be used as cover material;

(c) Waste shall be placed, compacted, and covered in a manner as to eliminate voids, limit settlement, and otherwise limit the potential for sink-holes or surface openings to develop; and

(d) Waste shall be placed only within the vertical and lateral limits of the facility as identified on a plan submitted in the permit application pursuant to Env-Sw 311 and approved by the department by permit issuance.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2904.05); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

Part Env-Sw 1205 Closure Requirements

N.H. Code Admin. R. Ann. Env-Sw 1205.01 Non-landfill Closure Requirements {#sec-env-sw-1205.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1205.01}

(a) A permit-by-notification non-landfill shall close in conformance with Env-Sw 1006.

(b) All waste shall be removed to an authorized facility.

(c) Closure shall be completed within 30 days following the date of last waste receipt or before the expiration date of the permit, whichever is earlier.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2905.01); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1205.02 Landfill Closure Requirements {#sec-env-sw-1205.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1205.02}

(a) A permit-by-notification landfill shall close in conformance with Env-Sw 1006.

(b) At least 2 feet of compacted soil shall be placed as final cover over all landfilled waste.

(c) If a greater depth than identified in (b), above, was specified in the approval for the facility, the greater depth shall be provided.

(d) Final cover shall be compacted, graded, seeded, and mulched in a manner as to produce and sustain vegetative growth or otherwise stabilized to prevent erosion.

(e) Closure shall be completed within 30 days following the date of last waste receipt or before the expiration date of the permit, whichever is earlier, except as provided by (f) below.

(f) If the date of last waste receipt falls within a time period where seasonal factors prevent closure by the date specified in (e) above, the permittee may delay closure provided that:

(1) Within 10 days following the date of last waste receipt, the permittee provides a written notice to the department specifying:

a. The facility has ceased receiving waste;

b. Closure cannot be completed as required in (e) above due to seasonal factors; and

c. The date by which closure will be completed as required by (4) below;

(2) The permittee shall control access to the facility by gates and bars or other means appropriate to the site to prevent unauthorized entry and dumping during the inactive, pre-closure period;

(3) The permittee shall take such action as necessary to otherwise secure the site against potential harm to the environment, human health, and safety during the inactive, pre-closure period; and

(4) The permittee shall implement closure as soon as practicable under the circumstances.

(g) Following closure, the permittee shall assure that the integrity of the cover materials is maintained, that voids and sink holes do not develop, and that the site is otherwise protective of the environment, public health, and safety.

(h) The permittee shall regularly inspect the facility and, when necessary, implement repairs or take other remedial action as needed to achieve and maintain compliance with the requirements of (g) above.

(i) In the event the disposal area is disturbed for any reason after closure, the permittee shall subsequently restore the area pursuant to (b) through (d) above.

(j) If buried waste is removed from a permit-by-notification landfill, the permittee shall dispose of the removed waste at an authorized facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2905.02); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

N.H. Code Admin. R. Ann. Env-Sw 1205.03 Notification of Closure {#sec-env-sw-1205.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1205.03}

Within 30 days of completing all required closure activities at a permit-by-notification facility, the permittee shall certify in writing to the department that closure has been completed as required by the solid waste rules.

Appendix

Rule Sections

Statute(s) Being Implemented

Env-Sw 1200

RSA 149-M:6, III; RSA 149-M:7, II, III, V, XIV; RSA 149-M:9

Env-Sw 1202.05

RSA 149-M:6, III; RSA 149-M:9, I & VI

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2905.03); ss by #10595, eff 7-1-14; ss by #13865, eff 2-6-24

Chapter Env-Sw 1300 Public Grants for Landfill and Incinerator Closure

Part Env-Sw 1301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1301.01 Purpose {#sec-env-sw-1301.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1301.01}

The purpose of the rules in this chapter is to:

(a) Implement RSA 149-M:41-50, which authorizes state grants to municipalities to encourage and assist them in closing unlined solid waste landfills and certain municipal incinerators; and

(b) Supplement RSA 149-M:41-50.

History

• #6095, eff 9-26-95; ss by #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3001.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1301.02 Applicability {#sec-env-sw-1301.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1301.02}

The rules in this chapter shall apply to:

(a) Unlined municipal solid waste landfills, owned by New Hampshire municipalities and closed after July 1, 1984; and

(b) Municipal incinerators identified in RSA 149-M:42, IV.

History

• #6095, eff 9-26-95; ss by #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3001.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1302 Costs Eligible for Reimbursement

N.H. Code Admin. R. Ann. Env-Sw 1302.01 Purpose {#sec-env-sw-1302.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1302.01}

The rules in this part specify the criteria by which the department determines whether costs incurred by a municipality to close a facility identified in Env-Sw 1301.02 are costs eligible for a 20 % reimbursement through issuance of a grant.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3002.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1302.02 Eligible Costs {#sec-env-sw-1302.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1302.02}

(a) A cost of facility closure shall be eligible for a 20% reimbursement through issuance of a grant, provided that:

(1) The cost meets the provisions of RSA 149-M:42, III, including, but not limited to, the following costs:

(a) Hydrogeological investigations undertaken for pre-closure and closure;

(b) Engineering investigations undertaken for pre-closure and closure;

(c) Closure construction;

(c) Construction design for pre-closure and closure; and

(d) Construction supervision during closure;

(2) The municipality has paid the cost using funds raised by the municipality through taxation or loans approved by the voting members of the municipality; and

(3) The costs are not covered by other funds such as identified in Env-Sw 1303.02(h) or Env-Sw 1304.02(h).

(b) The following costs shall not be eligible for a 20% reimbursement through issuance of a grant:

(1) Land acquisition, except for land necessary to the physical elements of closure;

(2) Finance or interest charges because of delinquent payments;

(3) Legal costs;

(4) Fiscal costs, such as employee benefits and social security;

(5) Administrative costs such as day-to-day business operations, including, but not limited to, travel, meals, and lodging;

(6) Costs related to preparation of the grant application; and

(7) Costs for repairs of failed, damaged, or inadequate landfill elements or systems.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3002.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1303 Applications for Landfill Closure Grants

N.H. Code Admin. R. Ann. Env-Sw 1303.01 Applicability {#sec-env-sw-1303.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1303.01}

The rules in this part shall apply to a municipality that has completed, or is in the process of completing, closure of a landfill identified in Env-Sw 1301.02(a) and is seeking to be reimbursed for related eligible costs as specified by Env-Sw 1302.02.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3003.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1303.02 Grant Applications {#sec-env-sw-1303.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1303.02}

A municipality seeking to be reimbursed for landfill closure costs shall complete and submit an "Application for Grant Reimbursement for Closure of an Unlined Municipal Landfill", NHDES-S-05-015, April 2023, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-015, that includes the following information and specified attachments:

(a) Name, mailing address, and telephone number of the grant applicant;

(b) Name and location of the landfill for which the grant award is being requested;

(c) Landfill permit number, issued pursuant to RSA 149-M;

(d) Groundwater release detection or groundwater management permit number, issued pursuant to RSA 485-C;

(e) A photocopy of the warrant article, corporate resolution, or other legally binding document authorizing the municipality to undertake the closure project;

(f) Closure project information, including:

(1) Name of engineering consultant;

(2) Name of construction contractor;

(3) Bid advertisement date;

(4) Contract award date; and

(5) Construction start date;

(g) A schedule of the closure costs for which 20% reimbursement is being requested, with related supporting documentation necessary to substantiate that the costs are eligible costs as specified in Env-Sw 1302.02, including:

(1) Copies of all related authorized contracts, change orders, and amendments thereto;

(2) Copies of all related invoices; and

(3) Proof of payment;

(h) Eligible cost financing information, including:

(1) Total eligible costs paid in cash;

(2) Total eligible costs paid through financing;

(3) Copies of the related institution-generated amortization schedules; and

(4) Monies received from third party sources and used to close the landfill, other than benevolent gifts received from third party sources having no liability for closure costs, including but not limited to funds from the following sources:

a. U.S. Farmers Home Administration or successor agency;

b. U.S. Rural Development Administration;

c. U.S. Department of Housing and Urban Development;

d. Community development block grants;

e. Potentially responsible party groups formed to collectively participate in the closure of the landfill; and

f. Insurance policy proceeds;

(i) If closure construction is complete, certification of completion by a qualified professional engineer and acceptance of the closure project by the municipality pursuant to Env-Sw 1104.07(f);

(j) If closure construction is not complete, the estimated future eligible closure costs and related financing obligations; and

(k) A notarized statement, signed and dated by a duly authorized representative for the applicant, affirming that:

(1) The applicant meets the requirements specified in RSA 149-M:46, including the following:

a. The landfill was closed or shall be closed in accordance with the approved plans and specifications;

b. Post-closure monitoring and maintenance of the landfill shall be performed in accordance with the facility permit; and

c. Failure to close or monitor the landfill in accordance with the approved plans and specifications, and the facility permit shall result in the loss of payments of the annual grant installment; and

(2) The material and information submitted is true, correct, and complete to the best of the applicant’s knowledge and belief.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3003.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1304 Applications for Incinerator Closure Grants

N.H. Code Admin. R. Ann. Env-Sw 1304.01 Applicability {#sec-env-sw-1304.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1304.01}

The rules in this part shall apply to a municipality that has completed, or is in the process of completing, closure of an incinerator identified in Env-Sw 1301.02(b) and is seeking to be reimbursed for related eligible costs as specified by Env-Sw 1302.02.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3004.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1304.02 Grant Applications {#sec-env-sw-1304.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1304.02}

A municipality seeking to be reimbursed for incinerator closure costs shall complete and submit an "Application for Grant Reimbursement for the Closure of a Municipal Incinerator", NHDES-S-05-014, April 2023, available at: https://onlineforms.nh.gov?formtag=nhdes-s-05-014, that includes the following information and specified attachments:

(a) Name, mailing address, and telephone number of the grant applicant;

(b) Name and location of the incinerator for which the grant award is being requested;

(c) Incinerator permit number, issued pursuant to RSA 149-M;

(d) Groundwater release detection or groundwater management permit number if applicable, issued pursuant to RSA 485-C;

(e) A photocopy of the warrant article, corporate resolution, or other legally binding document authorizing the municipality to undertake the closure project;

(f) Closure project information, including:

(1) Name of engineering consultant;

(2) Name of construction contractor;

(3) Bid advertisement date;

(4) Contract award date;

(5) Construction start date; and

(6) Construction completion date;

(g) A schedule of the closure costs for which 20% reimbursement is being requested, with related supporting documentation to substantiate that the costs are eligible costs as specified in Env-Sw 1302.02, including:

(1) Copies of all related authorized contracts, change orders, and amendments thereto;

(2) Copies of all related invoices; and

(3) Proof of payment;

(h) Eligible cost financing information, including:

(1) Total eligible costs paid in cash;

(2) Total eligible costs paid through financing;

(3) Copies of the related institution-generated amortization schedules; and

(4) Monies received from third party sources and used to close the incinerator, other than benevolent gifts received from third party sources having no liability for closure costs, including but not limited to funds from the following sources:

a. U.S. Farmers Home Administration or successor agency;

b. U.S. Rural Development Administration;

c. U.S. Department of Housing and Urban Development;

d. Community development block grant;

e. Potentially responsible party groups formed to collectively participate in the closure of the incinerator; and

f. Insurance policy proceeds;

(i) Certification of completion by a qualified professional engineer and acceptance of the closure project by the municipality pursuant to Env-Sw 1104.07(f);

(j) If closure construction is not complete, the estimated future eligible closure costs and related financing obligations;

(k) A notarized statement, signed and dated by a duly authorized representative for the applicant, affirming that:

(1) The applicant meets the requirements specified in RSA 149-M:46, including the following:

a. The incinerator was closed or shall be closed in accordance with the approved plans and specifications;

b. Post-closure monitoring and maintenance of the incinerator shall be performed in accordance with the facility permit; and

c. Failure to close or monitor the incinerator in accordance with the approved plans and specifications, and the facility permit shall result in the loss of payments of the annual grant installment; and

(2) The material and information submitted is true, correct, and complete to the best of the applicant's knowledge and belief.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3004.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1305 Application Filing and Processing

N.H. Code Admin. R. Ann. Env-Sw 1305.01 Purpose {#sec-env-sw-1305.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1305.01}

The rules in this part specify requirements for filing and processing a grant application.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3005.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1305.02 Application Filing {#sec-env-sw-1305.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1305.02}

The grant reimbursement application forms specified in Env-Sw 1303.02 and Env-Sw 1304.02 shall be submitted by the applicant to the department, in writing.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3005.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1305.03 Application Processing {#sec-env-sw-1305.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1305.03}

The department shall process an application in accordance with RSA 541-A:29.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3005.03); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1305.04 Application Decision {#sec-env-sw-1305.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1305.04}

(a) A grant application shall be approved if the application is complete pursuant to the provisions of Env-Sw 1303 and Env-Sw 1304.

(b) A municipality having an approved grant application shall be eligible to receive a grant.

(c) Grants, not to exceed 20% of the eligible costs associated with an approved application, shall be awarded and disbursed as specified in Env-Sw 1306 and Env-Sw 1307.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3005.04); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1306 Grant Awards

N.H. Code Admin. R. Ann. Env-Sw 1306.01 Purpose {#sec-env-sw-1306.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1306.01}

The rules in this part specify the criteria by which a grant shall be awarded to a municipality that has an approved grant application as specified in Env-Sw 1303 and Env-Sw 1304.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3006.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1306.02 Grant Priorities {#sec-env-sw-1306.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1306.02}

A grant shall be awarded in a manner consistent with the priorities established in RSA 149-M:47 and RSA 149-M:49.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3006.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1306.03 Grant Funding {#sec-env-sw-1306.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1306.03}

A grant shall be awarded based on funding pursuant to RSA 149-M:50.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3006.03); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1307 Disbursement of Grant Awards

N.H. Code Admin. R. Ann. Env-Sw 1307.01 Purpose {#sec-env-sw-1307.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1307.01}

The rules in this part specify how the department disburses grant monies to a municipality following the award of a grant.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3007.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1307.02 Financed Eligible Costs {#sec-env-sw-1307.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1307.02}

Subject to Env-Sw 1307.04, grant awards for eligible costs that the municipality has paid through financing shall:

(a) Be paid by the department on a schedule that corresponds to the municipality’s payback schedule;

(b) Include 20% of the principal payment associated with the eligible costs; and

(c) Include 20% of the debt service payment associated with the eligible costs.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3005.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1307.03 Eligible Costs Paid with Cash {#sec-env-sw-1307.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1307.03}

Subject to Env-Sw 1307.04 and Env-Sw 1308.03, grant awards for eligible costs that the municipality has paid with cash shall:

(a) Be paid by the department as a single payment following grant approval; and

(b) Not exceed 20% of the eligible costs.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3007.03); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1307.04 Failure to Comply {#sec-env-sw-1307.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1307.04}

Failure to comply with RSA 149-M:46 shall result in loss of grant payment.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3007.04); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Part Env-Sw 1308 Adjustments to Grant Awards

N.H. Code Admin. R. Ann. Env-Sw 1308.01 Purpose {#sec-env-sw-1308.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1308.01}

The rules in this part specify how the department adjusts the value of a municipality’s grant award following the municipality’s receipt or expenditure of funds for facility closure not previously identified in the grant application.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3008.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1308.02 Adjustments Due to Receipt of New Third Party Funds {#sec-env-sw-1308.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1308.02}

(a) The department shall adjust future financed grant award payments to reflect the receipt of additional funds by a municipality from third party sources relating to the closure project other than benevolent gifts received from third party sources having no liability for closure costs.

(b) For grant awards previously paid in a lump sum, or financed grant awards for which all amortized grant payments have been made, the municipality shall reimburse the state for the amount of excess grant money received as a result of receiving additional funds from a third party relating to the closure project.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3008.02); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1308.03 Adjustments Due to New Expenditures {#sec-env-sw-1308.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1308.03}

(a) A municipality seeking to be reimbursed for the expenditure of funds for facility closure not previously disclosed in a grant application shall:

(1) File a supplemental "Application for Grant Reimbursement for Closure of an Unlined Municipal Landfill", NHDES-S-05-015 as specified in Env-Sw 1303, for the additional landfill closure expenditures; or

(2) File a supplemental "Application for Grant Reimbursement for Closure of a Municipal Incinerator", NHDES-S-05-014, as specified in Env-Sw 1304, for the additional incinerator closure expenditures.

(b) The application shall be processed in accordance with Env-Sw 1305.

(c) The department shall adjust future financed grant award payments to reflect the expenditure of additional funds by a municipality for eligible costs relating to the closure project.

(d) The department shall adjust grant awards previously paid in a lump sum, or financed grant awards for which all amortized grant payments have been made, by reimbursing the municipality in a lump sum any shortage of grant award money due.

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3008.03); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1308.04 Notification of Receipt of Additional Funds {#sec-env-sw-1308.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1308.04}

(a) A municipality which received a grant award paid in a lump sum, or a grant award for which all amortized grant payments have been made, shall notify the department within 30 days following the receipt or expenditure of funds for facility closure not previously disclosed to the department.

(b) A municipality scheduled to receive future financed grant award payments shall disclose to the department within 30 days of a scheduled grant payment, whether the municipality has received or expended additional funds for facility closure not previously disclosed to the department.

Appendix

Rule

State Statute(s) Implemented

Env-Sw 1300

RSA 149-M:6, IX; RSA 149-M:7, XII; RSA 149-M:41-50

History

• #7492, eff 5-18-01; (See Revision Note at chapter heading for Env-Sw 1300); ss by #8459, eff 10-28-05 (formerly Env-Wm 3008.01); ss by #10599, eff 7-1-14; ss by #13622, eff 5-1-23

Chapter Env-Sw 1400 Financial Assurance

Part Env-Sw 1401 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1401.01 Purpose {#sec-env-sw-1401.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1401.01}

The purpose of the rules in this chapter is to identify requirements and procedures for providing and maintaining a financial assurance plan to guarantee the cost of closing a facility, including post-closure care, and for a facility subject to 40 CFR 258, pursuant to Env-Sw 803.02, the cost of corrective action.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3101.01); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1401.02 Applicability {#sec-env-sw-1401.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1401.02}

(a) The rules in this chapter shall apply to all facilities, except as provided by (b) below.

(b) The rules in this chapter shall not apply to a:

(1) Permit-exempt facility;

(2) Permit-by-notification facility;

(3) Emergency permit facility;

(4) Limited private non-landfill facility; or

(5) Limited public non-landfill facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3101.02); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

Part Env-Sw 1402 Definitions

N.H. Code Admin. R. Ann. Env-Sw 1402.01 Binding commitment {#sec-env-sw-1402.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.01}

“Binding commitment” means a signed loan agreement between the permittee and the state of New Hampshire and approved by the governor and council.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3102.01); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1402.02 Call {#sec-env-sw-1402.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.02}

“Call” means an action by the department to draw on the monies guaranteed in a financial assurance mechanism.

History

• #14068, eff 98-3-24

N.H. Code Admin. R. Ann. Env-Sw 1402.03 Debt service {#sec-env-sw-1402.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.03}

“Debt service” means the amount of principal and interest due on a loan in the current year.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3102.03); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24 (formerly Env-Sw 1402.02)

N.H. Code Admin. R. Ann. Env-Sw 1402.04 Deficit {#sec-env-sw-1402.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.04}

“Deficit” means a negative balance calculated by taking the beginning fund balance plus annual revenue minus total annual expenditures.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3102.04); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24 (formerly Env-Sw 1402.03)

N.H. Code Admin. R. Ann. Env-Sw 1402.05 Local government {#sec-env-sw-1402.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.05}

“Local government” means a legally-recognized political subdivision in the state of New Hampshire, including solid waste districts.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3102.05); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24 (formerly Env-Sw 1402.04)

N.H. Code Admin. R. Ann. Env-Sw 1402.06 Nonaffiliated {#sec-env-sw-1402.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.06}

“Nonaffiliated” means entities which are not controlled by or under common control of, and are not part of any group acting in concert which controls, directly or indirectly, the applicable entity.

History

• #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1402.07 Total annual revenue {#sec-env-sw-1402.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1402.07}

“Total annual revenue” means proceeds from all taxes and fees collected by the local government responsible for landfill closure, but does not include the proceeds from borrowing or asset sales or proceeds earned from funds managed by a local government on behalf of a specific third party.

History

• #14068, eff 9-3-24 (formerly Env-Sw 1402.05)

Part Env-Sw 1403 Financial Assurance Requirements

N.H. Code Admin. R. Ann. Env-Sw 1403.01 Financial Assurance Plan Preparation and Submittal {#sec-env-sw-1403.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1403.01}

(a) A permittee shall establish, implement, and maintain an approved financial assurance plan to guarantee the cost of facility closure, including post-closure as required by the facility permit and the solid waste rules.

(b) A financial assurance plan shall include:

(1) A closure cost estimate prepared in accordance with Env-Sw 1403.02;

(2) Provisions for guaranteeing the cost of facility closure based on one or any combination of the options specified in Env-Sw 1403.03 through Env-Sw 1403.05;

(3) For the options specified in Env-Sw 1403.03, the identity and contact information of the financial institution providing the guarantee; and

(4) For a local government proposing to use the state approved local government financial test to assure its obligations, as provided in Env-Sw 1403.05:

a. A letter signed by the local government’s chief financial officer which:

1. Identifies all current cost estimates covered by a financial test, as described in Env-Sw 1403.05; and

2. Provides evidence of and certifies that the local government meets the conditions of Env-Sw 1403.05(a) through (h);

b. The local government’s year-end financial statements for the latest fiscal year, audited by an independent, certified public accountant (CPA) who conducts comprehensive audits, with:

1. The unqualified opinion of the auditor; or

2. The qualified opinion of and a written explanation by the auditor as to why the qualification should be deemed insufficient to warrant disallowance of the financial test;

c. A report to the local government by the local government’s independent CPA, as follows:

1. The report shall be based on performing a review of the financial ratios required by Env-Sw 1403.05(a)(3), if applicable, and the requirements of Env-Sw 1403.05(b) and Env-Sw 1403.05(c)(3) and (4); and

2. The report shall state the procedures performed and the CPA’s findings; and

d. A copy of the comprehensive annual financial report (CAFR) used to comply with Env-Sw 1403.05(d) or certification that the requirements of Statement No. 18 of the Governmental Accounting Standards Board, “Accounting for Municipal Solid Waste Landfill Closure and Postclosure Care Costs”, NO. 101-A, published August, 1993, available as noted in Appendix B, have been met.

(c) A proposed financial assurance plan shall be:

(1) Submitted by the permittee in accordance with Env-Sw 303; and

(2) Reviewed and approved by the department pursuant to Env-Sw 1404.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.01); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1403.02 Closure Cost Estimation {#sec-env-sw-1403.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1403.02}

(a) The dollar amount guaranteed by a financial assurance plan shall be no less than the estimated total closure, including post-closure costs determined pursuant to (b) through (h), below.

(b) The closure cost estimate shall be figured based on representative current market rates for having a nonaffiliated third party perform all required closure activities at the point in the facility’s active life when the extent and manner of facility operations in compliance with permit conditions and applicable laws and rules makes closure the most expensive, as indicated by the approved facility closure plan.

(c) For landfills, the closure cost estimate shall also include the cost of having a nonaffiliated third party perform all required post-closure activities for a period of 30 years from the date of the most recent estimate which is required to be updated pursuant to Env-Sw 1405.02, unless the post-closure period has been modified pursuant to Env-Sw 807.05(d).

(d) For a landfill constructed in phases, the permittee may figure closure costs in accordance with (b) and (c) above based on the constructed area of the facility only, instead of the entire permitted footprint.

(e) Any facility subject to the corrective action requirements specified in 40 CFR 258.58, shall comply with the financial assurance requirements specified in 40 CFR 258, Subpart G.

(f) The cost of removing and disposing of all wastes not permitted to remain at the facility following closure shall be included in the closure cost estimate, excluding actively managed processed recyclable materials as defined in Env-Sw 104.

(g) Salvage value from the sale of facility structures, equipment, or other assets associated with the facility and profits from the sale of recyclable materials shall not be treated as a credit to reduce total closure costs.

(h) The closure cost estimate shall:

(1) Be itemized and documented to show the unit cost and quantity of each item, service, and activity required to close the facility in accordance with the solid waste rules and the approved facility closure plan;

(2) Be submitted with documentation, including nonaffiliated third-party cost estimates, that support the unit cost of each item, service, and activity required to close the facility in accordance with the solid waste rules and the approved facility closure plan.

(i) A permittee of a collection, storage, and transfer facility, or processing and treatment facility shall complete a “Cost Estimate Form for Closure of Solid Waste Collection, Storage, and Transfer Facility or Processing and Treatment Facility”, NHDES-S-05-024, August 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-024.

(j) A permittee of a closed landfill shall complete a “Cost Estimate Form for Post-Closure Care of a Solid Waste Landfill”, NHDES-S-05-025, August 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-025.

(k) A permittee of an operating landfill shall complete a:

(1) “Cost Estimate Form for Closure of a Solid Waste Landfill”, NHDES-S-05-023, August 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-023; and

(2) “Cost Estimate Form for Post-Closure Care of a Solid Waste Landfill”, NHDES-S-05-025, August 2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-025.

(l) For landfills, the permittee shall ensure that the forms required by (j) and (k) above bear the signature and seal of a qualified professional engineer.

(m) The permittee or authorized contact shall sign and date the closure cost estimate form(s).

(n) Completed closure cost estimate form(s) shall be submitted in accordance with Env-Sw 1405.02.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.02); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1403.03 Financial Assurance Mechanisms {#sec-env-sw-1403.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1403.03}

(a) Financial assurance shall be provided in one, or any combination, of the following forms:

(1) An irrevocable letter of credit issued for a period of at least one year from an institution whose operations are regulated and examined by a federal or New Hampshire state agency and found to be in good standing;

(2) A claims incurred insurance policy, except that insurance issued by an affiliated captive insurance company shall not be acceptable;

(3) A surety bond issued by a surety company listed as an acceptable surety on federal bonds in the version of the U.S. Department of the Treasury Circular 570 that is current as of the date the bond is acquired;

(4) A trust fund established in accordance with the laws of the state of New Hampshire;

(5) For a landfill, a binding commitment between the permittee and the state of New Hampshire for a state revolving fund loan designated for closure of the landfill; or

(6) Another mechanism that meets the criteria provided in 40 CFR 258.74(i).

(b) If using a surety bond, insurance policy, or letter of credit, the permittee shall also establish a standby trust to receive the proceeds of the surety bond, insurance policy, or letter of credit.

(c) The standby trust shall be established with a financial institution that has the authority to act as a trustee and whose operations are regulated and examined by a federal or New Hampshire state agency.

(d) Each financial assurance instrument specified in (a) and (b) above, except (a)(5), shall specifically identify the state of New Hampshire as the beneficiary.

(e) Funds held in trust accounts may be invested, but shall provide for the preservation of principal.

(f) Financial assurance documents, including a standby trust, shall be as specified by 40 CFR 264.151, with the following revisions:

(1) The phrase “hazardous waste” shall be replaced with the phrase “solid waste”;

(2) The phrase “EPA administrator” shall be replaced with the phrase “department on behalf of the state of New Hampshire”;

(3) All cites to “40 CFR” shall be replaced with “RSA 149-M and the solid waste rules”; and

(4) The term “RCRA C” shall be omitted.

(g) Letters of credit shall include a provision to automatically extend the expiration date by at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies the permittee and the department by certified mail, return receipt requested, of a decision to not extend the expiration date.

(h) Insurance policies and surety bonds shall include a provision to prohibit any cancellation without prior notice of cancellation being sent to the permittee and the department by certified mail, return receipt requested, at least 120 days before the effective date of cancellation.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.03); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1403.04 Financial Assurance Mechanisms, Public Facilities {#sec-env-sw-1403.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1403.04}

A public landfill subject to 40 CFR 258 shall provide financial assurance by:

(a) Any of the mechanisms identified in Env-Sw 1403.03;

(b) A capital reserve fund that shall be funded in a manner to provide sufficient funds for closure and post-closure care at the scheduled time of closure; or

(c) The local government financial test specified in Env-Sw 1403.05, for a facility owned and operated by a single municipality.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.04); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1403.05 Local Government Financial Test {#sec-env-sw-1403.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1403.05}

(a) A local government proposing to assure its obligations under the state approved local government financial test shall meet the following requirements as applicable:

(1) If the local government has outstanding, rated, general obligation bonds not secured by insurance, a letter of credit, or other collateral or guarantee, all such general obligation bonds shall have a current rating of Aaa, Aa, A, or Baa, as issued by Moody’s, or AAA, AA, A, or BBB, as issued by Standard and Poor’s;

(2) The local government shall be included in an outstanding bond issue through the New Hampshire municipal bond bank and shall not be in default; or

(3) The local government shall satisfy each of the following financial ratios based on the local government’s most recent audited annual financial statement:

a. The ratio of cash plus marketable securities to total expenditures shall be greater than or equal to 0.05, using available cash and marketable securities held by the local government on the last day of the fiscal year, excluding cash and marketable securities designated to satisfy past obligations or special purposes other than landfill closure such as pensions and capital reserve funds not held for landfill closure purposes; and

b. The ratio of annual debt service to total expenditures shall be less than or equal to 0.20, where total expenditures shall exclude capital outlays, debt repayment, capital reserve funds not expended for landfill closure purposes, trust funds, and pension funds.

(b) The local government proposing to assure its obligations under the state approved local government financial test shall:

(1) Prepare its financial statements in conformity with generally accepted accounting principles for governments; and

(2) Have its financial statements audited by an independent certified public accountant.

(c) A local government shall not be eligible to assure its obligations under the state approved local government financial test if it:

(1) Is currently in default on any outstanding general obligation bonds or outstanding bonds with the New Hampshire municipal bond bank;

(2) Has any outstanding general obligation bonds rated lower than Baa as issued by Moody’s or BBB as issued by Standard and Poor’s;

(3) Operated at a deficit equal to 5% or more of total annual revenue in each of the past 2 fiscal years; or

(4) Receives an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent certified public accountant auditing its financial statement and negatively impacting the current financial position of the local government.

(d) A local government shall disclose in each comprehensive annual financial report (CAFR) all closure and post-closure care costs and corrective action costs, if any, which the local government has assured through the financial test provisions in 40 CFR 258.74(f).

(e) Disclosure pursuant to (d) above shall include:

(1) The nature and source of the closure and post-closure care requirements;

(2) The reported liability at the balance sheet date;

(3) The estimated total closure and post-closure care costs remaining to be recognized;

(4) The percentage of landfill capacity used to date; and

(5) The estimated landfill life in years.

(f) Conformance with Governmental Accounting Standards Board Statement No.18, 1993 Edition, available as noted in Appendix B, shall be deemed in compliance with (d) above.

(g) Subject to (h) below, a local government may use the state approved local government financial test to assure closure, post-closure, and corrective action costs that equal up to 43% of the local government’s total annual revenue.

(h) If the local government assures other environmental obligations through a financial test, including those associated with underground injection control wells (UIC facilities) under 40 CFR 144.62, petroleum underground storage tank facilities under 40 CFR 280, polychlorinated biphenyls (PCB) storage facilities under 40 CFR 761, and hazardous waste treatment, storage, and disposal facilities under 40 CFR 264 and 265, it shall:

(1) Add those costs to the closure, post-closure, and corrective action costs it seeks to assure through use of the state approved local government financial test; and

(2) Ensure that the total shall not exceed 43% of the local government’s total annual revenue.

(i) A local government shall obtain an alternate financial assurance instrument as specified in Env-Sw 1403.03 for those costs that exceed the limits set in (g) and (h) above.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.05); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

Part Env-Sw 1404 Review and Approval

N.H. Code Admin. R. Ann. Env-Sw 1404.01 Review {#sec-env-sw-1404.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1404.01}

The department shall review a proposed financial assurance plan as part of the permit application or closure plan review process, as applicable.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3104.01); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1404.02 Approval {#sec-env-sw-1404.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1404.02}

A proposed financial assurance shall not be approved if the department determines that the proposed plan does not:

(a) Meet the requirements for financial assurance specified in this part; or

(b) Satisfy the requirements of RSA 149-M:9, X.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3104.02); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

Part Env-Sw 1405 Adjustments and Changes

N.H. Code Admin. R. Ann. Env-Sw 1405.01 Modifications {#sec-env-sw-1405.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1405.01}

(a) An approved financial assurance plan shall not be modified unless the permittee obtains written approval from the department.

(b) To obtain written approval to modify an approved financial assurance plan, the permittee shall apply for a permit modification pursuant to Env-Sw 315.

(c) Applications to modify an approved financial assurance plan shall include all of the information required by Env-Sw 1403.01.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3105.01); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1405.02 Updates {#sec-env-sw-1405.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1405.02}

(a) A permittee shall submit at least one update of the facility’s closure cost estimate to the department no later than March 31 of the third calendar year after submitting an initial closure cost estimate or the most recent updated closure cost estimate, as applicable.

(b) During the years in which submittal of a closure cost estimate is not required by (a), above, lined landfills subject to 40 CFR 258 operated on or after October 9, 1993, collection, storage, and transfer facilities with an unlimited service area as defined in Env-Sw 104, and processing/treatment facilities as defined in Env-Sw 104, shall obtain an updated cost estimate and place it in the facility’s operating record.

(c) If a permittee obtains an updated closure cost estimate that exceeds both the most recent estimate and the total cost is greater $15,000, the permittee shall modify its financial assurance mechanism in an amount consistent with the most recent closure cost estimate, pursuant to Env-Sw 1405.01.

(d) If a permittee obtains an updated closure cost estimate that exceeds the most recent estimate, but the total cost is below $15,000, the permittee shall continue to complete and submit updated closure cost estimates in accordance with Env-Sw 1405.02, but is not subject to the financial assurance provisions in Env-Sw 1403.03.

(e) A local government using the state approved local government financial test shall:

(1) Annually update and place in the facility’s operating record all documentation required by Env-Sw 1403.01(b)(4) within 180 days following the close of the local government's fiscal year; and

(2) Produce its financial records for inspection by the department upon request.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3105.02); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1405.03 Replacement {#sec-env-sw-1405.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1405.03}

(a) A permittee shall submit a revised financial assurance plan for approval pursuant to Env-Sw 1405.01 within 30 days of learning that any portion of its financial assurance mechanism shall be canceled or not renewed by the issuer.

(b) The permittee shall demonstrate that it has obtained replacement financial assurance promptly upon receiving the department’s approval of a revised plan, but no later than 30 days before the cancellation or expiration date of the existing financial assurance mechanism.

(c) A local government using the state approved local government financial test to assure its obligations shall satisfy the requirements of the financial test at the close of each fiscal year. If the local government no longer meets the requirements of the local government financial test it shall, within 210 days following the close of the local government’s fiscal year, obtain alternative financial assurance as specified in Env-Sw 1403.03.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1400); ss by #8459, eff 10-28-05 (formerly Env-Wm 3105.03); ss by #10599, eff 7-1-14; ss by #14068, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1405.04 Release of Financial Assurance Obligation {#sec-env-sw-1405.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1405.04}

An approved financial assurance plan, or any part thereof, shall remain in effect unless:

(a) A facility meets the requirements in Env-Sw 1405.02(d);

(b) The facility is no longer defined as a facility in accordance with Env-Sw 103 and has completed the general closure requirements specified in Env-Sw 1006.02, Env-Sw 1106, Env-Sw 1205, and other rules as applicable; or

(c) The permittee obtains written approval from the department to replace a financial assurance mechanism specified in Env-Sw 1403.03(a), Env-Sw 1403.03(b), Env-Sw 1403.04(b), or Env-Sw 1403.04(c).

History

• #14068, eff 9-3-24

Part Env-Sw 1406 Calling a Financial Assurance Mechanism

N.H. Code Admin. R. Ann. Env-Sw 1406.01 Calling a Financial Assurance Mechanism {#sec-env-sw-1406.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1406.01}

The department shall call a financial assurance mechanism when:

(a) The permittee declares or files for bankruptcy;

(b) The permittee does not replace their financial assurance mechanism in accordance with Env-Sw 1405.03;

(c) The permittee fails to conduct closure obligations;

(d) The facility’s permit is revoked or suspended in accordance with Env-Sw 306.04; or

(e) One or more of the trigger events for closure as specified in Env-Sw 1006.01 exist.

Appendix a: state and federal statutes implemented

Rule

State Statute(s) Implemented

Federal Regulations Implemented

Env-Sw 1400

RSA 149-M:7, II, III, and XIV;

RSA 149-M:9, X

40 CFR 258

APPENDIX B: INCORPORATED REFERENCE

Rule

Reference (Date/Edition)

Obtain From (Cost)

Env-Sw 1403.01(b)(4)d.

Env-Sw 1403.05(f)

Statement No. 18 of the Governmental Accounting Standards Board, Accounting for Municipal Solid Waste Landfill Closure and Postclosure Care Costs, NO. 101-A

(August 1993)

Free online: https://gasb.org/page/ShowPdf?path=GASBS-18.pdf&title=GASB%20STATEMENT%20NO.%2018,%20ACCOUNTING%20FOR%20MUNICIPAL%20SOLID%20WASTE%20LANDFILL%20CLOSURE%20AND%20POSTCLOSURE%20CARE%20COSTS

History

• #14068, eff 9-3-24

Chapter Env-Sw 1500 Certification of Waste-Derived Products

Part Env-Sw 1501 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1501.01 Purpose {#sec-env-sw-1501.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1501.01}

The purpose of the rules in this chapter is to establish criteria and procedures by which waste-derived products, as defined by Env-Sw 104, shall be certified for distribution and use.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3201.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1501.02 Applicability {#sec-env-sw-1501.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1501.02}

(a) The rules in this chapter shall apply to persons distributing or using a waste-derived product in New Hampshire, except wood ash as specified by (b) below.

(b) The rules in this chapter shall not apply to persons who distribute or use wood ash for agricultural land application in compliance with Env-Sw 1700.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3201.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1502 Certification Requirements

N.H. Code Admin. R. Ann. Env-Sw 1502.01 Certification Required {#sec-env-sw-1502.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1502.01}

(a) Except as specified by (b) below, no person shall distribute or use a waste-derived product within New Hampshire unless the product is:

(1) Certified for distribution and use in accordance with this chapter; and

(2) Used in accordance with the provisions of the certification.

(b) A person distributing and using wood ash for agricultural land application shall comply with the requirements of Env-Sw 1700 instead of the requirements of (a) above.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3202.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1502.02 Status of Certified Waste-Derived Products {#sec-env-sw-1502.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1502.02}

(a) A waste-derived product certified for distribution and use pursuant to this chapter, which is actively managed and used in accordance with the applicable provisions of the certification, shall be deemed not a solid waste and therefore not subject to regulation by the solid waste rules.

(b) Certification granted pursuant to this chapter shall not constitute an endorsement by the department of the waste-derived product.

(c) Certification shall not mean that a product is benign to the environment, public health and safety or that the product will perform according to consumer expectations or manufacturer or distributor representations.

(d) Certification shall not constitute authorization for a facility producing a waste-derived product to be exempt from the solid waste rules. It shall be the waste-derived product, not the waste used to manufacture the product, which is certified and thereby deemed not a solid waste.

(e) Certification shall not affect any person’s obligation to obtain all requisite federal, state, or local permits, licenses, or approvals to comply with all other applicable federal, state, district, or local permits, ordinances, laws, or approvals or conditions pertaining to distribution, use, and disposal of a certified waste-derived product.

(f) Certification shall not exempt any person from the provisions of RSA 149-M and the solid waste rules when the certified waste-derived product resumes the status of a solid waste, including when it ceases to be actively managed or is otherwise abandoned or discarded.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3202.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1502.03 General Provisions for Obtaining Certification {#sec-env-sw-1502.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1502.03}

(a) Waste-derived products shall be certified for distribution and use pursuant to one of the following provisions:

(1) Certain waste-derived products and groups of waste-derived products sharing common characteristics shall be automatically certified by rule, as provided in Env-Sw 1503; and

(2) Waste-derived products not certified by rule pursuant to Env-Sw 1503 shall become certified if, based on an application filed pursuant to Env-Sw 1505, the department determines that the waste-derived product meets the criteria for certification specified in Env-Sw 1504.

(b) Pursuant to Env-Sw 1508, the department shall compile, maintain, and distribute a list of all certified waste-derived products including:

(1) Those certified by rule pursuant to Env-Sw 1503; and

(2) Those certified by application pursuant to Env-Sw 1505.

(c) For a non-proprietary waste-derived product not certified and listed pursuant to Env-Sw 1508, any person may seek to have the product certified by filing an application for certification pursuant to Env-Sw 1505.

(d) For a proprietary waste-derived product not certified and listed pursuant to Env-Sw 1508, only the person having proprietary control of the product may file an application for certification pursuant to Env-Sw 1505.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3202.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1502.04 General Requirements and Limitations {#sec-env-sw-1502.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1502.04}

Certification of a waste-derived product, whether provided by rule pursuant to Env-Sw 1503 or pursuant to the application provisions of Env-Sw 1505, shall be subject to each of the following general requirements and limitations:

(a) A certified waste-derived product shall not contain:

(1) A hazardous waste;

(2) A hazardous air pollutant including asbestos waste;

(3) Any waste identified in Env-Sw 900 as non-reusable, including asbestos waste and infectious waste; or

(4) Any other waste requiring treatment and disposal to protect human health and the environment from exposure hazards documented in nationally recognized scientific and public health studies and publications;

(b) A certified waste-derived product, if produced from a waste identified in Env-Sw 900, shall be subject to the reuse requirements and limitations specified in Env-Sw 900;

(c) The certified waste-derived product shall not be distributed or used except in compliance with all applicable state and federal laws;

(d) Distributors and users of certified waste-derived products shall manage the products in conformance with the universal environmental performance standards in Env-Sw 1002;

(e) When specified by the solid waste rules as a condition of the certification or when required to comply with state or federal marketing or consumer protection laws, distributors of certified waste-derived products shall disclose the following information to consumers:

(1) The content and nature of the waste-derived product contained in the product;

(2) The proper uses of the materials and any restrictions related thereto;

(3) Any hazards that might result from use of the waste-derived product as directed;

(4) Proper disposal methods; and

(5) Other such information as required by applicable state or federal marketing or consumer protection laws; and

(f) Certification granted pursuant to Env-Sw 1505 shall be subject to revocation and suspension pursuant to Env-Sw 1509.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3202.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1503 Waste-Derived Products Certified by Rule

N.H. Code Admin. R. Ann. Env-Sw 1503.01 Purpose {#sec-env-sw-1503.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.01}

(a) The purpose of the rules in this part is to identify waste-derived products which are deemed certified by rule for distribution and use.

(b) The rules in this part are intended to certify by rule all waste-derived products which are common to the market place and pose no greater risk to the environment, public health and safety than exists by distributing and using comparable products which are not waste-derived.

(c) The waste-derived products identified in Env-Sw 1503.04 through Env-Sw 1503.14 are not necessarily mutually exclusive. Due to the diversity of waste-derived products, it is plausible for a given product to be certified for distribution and use under more than one section of this part.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.02 Applicability {#sec-env-sw-1503.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.02}

The rules in this part shall apply to all persons distributing or using in New Hampshire any of the waste-derived products identified herein as certified by rule for distribution and use.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.03 General Provisions {#sec-env-sw-1503.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.03}

The waste-derived products identified in Env-Sw 1503.04 through Env-Sw 1503.16 shall be deemed certified for distribution and use, subject to the requirements and limitations specified in Env-Sw 1502.04.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.04 Salvaged Materials and Items {#sec-env-sw-1503.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.04}

(a) Salvaged materials and items shall be deemed certified for distribution and use for their original intended purpose provided that when so used, the materials and items shall not pose a greater risk to the environment, public health or safety than when first marketed and used.

(b) Salvaged materials and items specified by (a) above shall include:

(1) Used equipment which is cleaned, repaired, and reconditioned for continued use in a manner consistent with the purpose of the equipment when originally marketed, such as used lawnmowers, tools, and furniture;

(2) Used brick reused as brick;

(3) Auto parts removed from a vehicle, repaired, or reconditioned to a serviceable condition, and reused on another vehicle for their originally prescribed purpose;

(4) Non-hazardous latex paint used as paint;

(5) Scrap fabric reused as fabric; and

(6) Scrap lumber reused as lumber.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.05 Cloned Products {#sec-env-sw-1503.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.05}

(a) A waste-derived product serving the same purpose and of the same material composition as the discarded product from which it is derived, hereafter referred to as a cloned product, shall be deemed certified for distribution and use for said purpose, provided that the cloned product, when used for its intended purpose, shall not pose a greater risk to the environment, public health or safety than the product from which it is cloned.

(b) Cloned products as specified in (a) above shall include:

(1) A paper product made from a comparable discarded paper product;

(2) Glass products made from a comparable discarded glass product;

(3) A plastic product made from a comparable discarded plastic product;

(4) A metal product made from a comparable discarded metal product;

(5) A textile product made from a comparable discarded textile product;

(6) A wood product made from a comparable discarded wood product;

(7) An asphalt product made from a comparable discarded asphalt product; and

(8) A gypsum product made from a comparable discarded gypsum product.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.05); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.06 Products from Select Processed Recyclables {#sec-env-sw-1503.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.06}

(a) A product which is made by substituting a processed select recyclable material, as defined by Env-Sw 104, for a raw material and which is comparable in form and function, although not necessarily material composition, to an existing non-waste-derived product, shall be deemed certified for distribution and use for the same purpose as the comparable non-waste-derived product, provided that:

(1) The waste-derived product shall not be used to fill land or water bodies or to amend or mix with soils for agricultural or other purposes, unless the product is also certified for such purpose pursuant to Env-Sw 1503.07; and

(2) The waste-derived product shall perform as effectively or more effectively than the comparable existing non-waste-derived product(s).

(b) The waste-derived products specified by (a) above shall include:

(1) Synthetic fabrics made from used plastic soda bottles and other discarded plastic materials, comparable in form, function, and performance to non-waste derived fabrics;

(2) Reflectorized paint produced using glass beads made from discarded glass containers, comparable in form, function, and performance to reflectorized paint produced using glass beads from virgin materials; and

(3) Any product into which a select processed recyclable material is incorporated and which, by form, function, and performance, is indistinguishable from a non-waste-derived product in the market place except by knowing through labeling or other external information that the product contains a recyclable material.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.06); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.07 Products Meeting Published State or National Standards {#sec-env-sw-1503.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.07}

(a) A waste-derived product which meets a published standard shall be deemed certified for distribution and use for the purpose prescribed in the published standard, provided that:

(1) The standard shall be published by an agency or organization having no direct sales interest in the product, as identified in (b) below; and

(2) Production, distribution, and use of the waste-derived product for the intended purpose shall not:

a. Cause a violation of the universal environmental performance standards specified in Env-Sw 1002; or

b. Pose a greater risk to the environment, public health, and safety than is posed by a comparable existing non-waste-derived alternative product or, if no such comparable product exists, by disposing of the waste of origin in accordance with the solid waste rules.

(b) The published standards referenced in (a) above shall include standards published by New Hampshire and federal agencies which establish standards for the procurement or distribution of goods for public use or consumption, including departments overseeing transportation, environmental protection, health and welfare, agriculture, education, and defense.

(c) The subject waste-derived products shall include:

(1) Coal-fired electric power plant fly ash used as a lightweight aggregate in concrete masonry units meeting the “Standard Specification for Lightweight Aggregates for Concrete (ASTM C-331/C331M-10)” last updated on July 31, 2023, and copyrighted by ASTM International, available as noted in Appendix B; and

(2) Processed glass aggregate for roadway construction meeting a published state or federal highway construction standard.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.07); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.08 Waste Paper {#sec-env-sw-1503.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.08}

for Bulking. Shredded waste paper and cardboard shall be deemed certified for distribution and use as a bulking agent for composting, including septage or sludge composting, and as a bulking agent for landfilling, including septage or sludge landfilling.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.08); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.09 Derivatives of Discarded Wood {#sec-env-sw-1503.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.09}

Chips, shavings, and sawdust from virgin wood or from pallets or crates meeting the criteria for permit exemption in Env-Sw 302.03(b)(10), shall be deemed certified for distribution and use as:

(a) Fuel;

(b) Mulch;

(c) Animal bedding; and

(d) A bulking agent for composting or landfilling, including septage or sludge composting or landfilling, provided that at least 80 percent of the wood material is 3/4 inch, or less, in size.

History

• #6619-B, eff 10-29-97; ss by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.09); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.10 Compost {#sec-env-sw-1503.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.10}

(a) Except as provided in (b) and (c) below, compost derived from solid waste shall be deemed certified by rule for distribution and use as compost, provided it meets the quality requirements specified in Env-Sw 605.04, and the maturity requirements specified in Env-Sw 605.05.

(b) Compost derived from animal carcasses shall be used in conformance with the livestock mortality composting best management practices provided in the “Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire”, revised July 2019, published by New Hampshire Department of Agriculture, Markets, and Food, accessed as noted in Appendix B.

(c) Off-specification compost, as defined by Env-Sw 605.06, shall be managed in accordance with the provisions of that section.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.10); ss by #10599, eff 7-1-14; ss by #13358, eff 4-1-22; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.11 Soils Decontaminated by Treatment Processes {#sec-env-sw-1503.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.11}

Clean soil derived from contaminated soil, by having fully treated the soil at an authorized facility to meet the standards specified in Env-Sw 903, shall be deemed certified for distribution and use as soil, excluding uses:

(a) In residential applications;

(b) In playground applications;

(c) Within the 100-year flood plain or a wetland;

(d) On or in lands used for the production of crops for direct human consumption;

(e) Within a recharge area of any sole source drinking water supply; or

(f) Within 100 feet of any surface water.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.11); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.12 Wood Ash as a Bulking Agent or Odor Control Agent {#sec-env-sw-1503.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.12}

Wood ash that is certified for land application pursuant to Env-Sw 1700 shall be deemed certified for distribution and use as:

(a) An approved bulking agent for composting, including sludge composting; and

(b) An odor control agent for septage and sludge management.

History

• #6619-B, eff 10-29-97; ss by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.12); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.13 Manufactured Topsoil {#sec-env-sw-1503.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.13}

Topsoil which is manufactured using wood ash shall be deemed certified for distribution and use as topsoil provided that:

(a) The wood ash is certified for land application pursuant to Env-Sw 1700; and

(b) The other topsoil ingredients shall be limited to one or more of the following:

(1) Sludge, if in compliance with Env-Wq 800;

(2) Yard waste; or

(3) Uncontaminated soil, not including soil certified pursuant to Env-Sw 1503.11.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.13); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.14 Coal Ash {#sec-env-sw-1503.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.14}

Boiler slag from the combustion of coal shall be deemed certified for distribution and use as a raw material for industrial and commercial purposes.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.14); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.15 Methane Fuel {#sec-env-sw-1503.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.15}

Methane fuel derived from the decomposition of waste at an authorized facility shall be deemed certified for distribution and use as fuel, provided that it meets market fuel standards.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.15); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.16 Energy {#sec-env-sw-1503.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.16}

Energy derived from the combustion of solid waste at authorized facilities shall be deemed certified for distribution and use as power.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.16); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.17 Cement Kiln Dust {#sec-env-sw-1503.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.17}

Cement kiln dust shall be deemed certified for distribution and use as an odor control agent for sludge and septage, as provided in Env-Wq 800 and Env-Wq 1600.

History

• #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.17); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1503.18 Woody Tailings from Compost Screening Activities {#sec-env-sw-1503.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1503.18}

Clean woody particles resulting from screening of finished compost shall be certified for distribution and use as:

(a) A mulch product;

(b) A bulking agent for composting; and

(c) An odor filtration medium for use with composting systems.

History

• #13358, eff 4-1-22; ss by #14067, eff 9-3-24

Part Env-Sw 1504 Criteria for Certification

N.H. Code Admin. R. Ann. Env-Sw 1504.01 Purpose {#sec-env-sw-1504.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.01}

The purpose of the rules in this part is to establish the criteria for certifying a waste-derived product for distribution and use pursuant to an application filed in accordance with Env-Sw 1505.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1504.02 Applicability {#sec-env-sw-1504.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.02}

The criteria in this part shall apply to having a waste-derived product certified for distribution and use pursuant to the application provisions in Env-Sw 1505.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1504.03 Certification Criteria {#sec-env-sw-1504.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.03}

Applicants seeking to have a waste-derived product certified for distribution and use shall demonstrate in the application filed pursuant to Env-Sw 1505 that the overall benefit(s) derived for society from production and use of the product shall exceed the benefit(s) of not producing and using the product, based on the criteria specified in Env-Sw 1504.04 through Env-Sw 1504.06.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1504.04 Need {#sec-env-sw-1504.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.04}

The applicant shall demonstrate a need for the waste-derived product based on the following criteria:

(a) The waste-derived product shall either:

(1) Be comparable in form and function to an existing product in the market place which is not derived from waste, and shall perform as effectively or more effectively than the existing product; or

(2) Satisfy an identifiable and unfulfilled need in society without violating the universal environmental performance standards in Env-Sw 1002;

(b) There shall be an identifiable user or buyer for the waste-derived product; and

(c) Waste derived products used for agronomic purposes shall provide an identifiable benefit(s) to the sites to which it is land applied.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1504.05 Product Quality and Quality Control {#sec-env-sw-1504.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.05}

The applicant shall demonstrate that the production process meets the following requirements:

(a) Production of the waste-derived product shall not:

(1) Cause a violation of any requirement in Env-Sw 1000; or

(2) Pose a greater risk to the environment, public health and safety than does the production of an existing comparable non-waste-derived product or, if no comparable non-waste-derived product exists, by directly disposing of the waste in accordance with the solid waste rules;

(b) The physical and analytical characteristics of the waste used to produce the product shall be defined in a written specification;

(c) The physical and analytical characteristics of the waste-derived product shall be defined in a written specification; and

(d) The production process shall include QA/QC procedures to assure the defined specifications shall be met through the production process.

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.05); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1504.06 Impact on Society {#sec-env-sw-1504.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1504.06}

The applicant shall demonstrate that use of the waste-derived product in society shall have a minimal net impact based on the following requirements:

(a) Use of the waste-derived product as intended shall not:

(1) Cause a violation of any requirement in Env-Sw 1000; or

(2) Pose a greater risk to the environment, public health and safety than does the use of an existing comparable non-waste-derived product or, if no comparable non-waste-derived product exists, by disposing of the waste in accordance with the solid waste rules; and

(b) Disposal of the waste-derived product shall not pose a greater risk to the environment, public health and safety than would be posed by directly disposing of the waste from which the product is produced.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3204.06); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1505 Application Requirements

N.H. Code Admin. R. Ann. Env-Sw 1505.01 Applicability {#sec-env-sw-1505.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1505.01}

(a) Except as specified by (b) and (c) below, the rules in this part shall apply to any person seeking to have a waste-derived product certified for distribution and use.

(b) The rules in this part shall not apply to waste-derived products already certified for distribution and use, as listed by the department pursuant to Env-Sw 1508.

(c) For a proprietary waste-derived product, the rules in this part shall apply only to the person having proprietary control of the product.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3205.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1505.02 Application Content and Format {#sec-env-sw-1505.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1505.02}

An applicant seeking to certify a waste-derived product for distribution and use shall complete and submit to the department the form entitled “Certify a Waste-Derived Product for Distribution and Use Application”, NHDES-S-05-020, June 2024, available at: https://onlineforms.nh.gov/app/#/formversion/89e655a6-3d49-49ad-8523-fbe056d0a840.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3205.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1505.03 Production {#sec-env-sw-1505.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1505.03}

The applicant shall provide the following information to describe the production process:

(a) Identification and characterization of the waste(s) used to produce the waste-derived product, including documentation and materials detailing the general quality of the waste including:

(1) Physical, chemical and, where appropriate, biological characteristics of the waste based on current and representative sampling or equivalent documentation and including analytical test results for those constituents that are reasonably thought to be present in the waste and which are known or suspected, by way of published scientific documentation, to pose a potential risk to human health or the environment;

(2) Material safety data sheets for the waste and constituents of the waste, if published pursuant to regulations adopted to implement 29 U.S.C. 651 et seq., the Occupational Safety and Health Act (OSHA); and

(3) Samples of the waste, if requested by the department to either enhance the department’s understanding of the appearance and characteristics of the waste, or to verify the applicant’s analytical test results in instances where the waste has the potential to contain constituents harmful to human health or the environment.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3205.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24 (formerly Env-Sw 1505.06)

N.H. Code Admin. R. Ann. Env-Sw 1505.04 Signature and Certification of Application Information {#sec-env-sw-1505.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1505.04}

(a) Each application shall be signed by the applicant.

(b) If the applicant is other than an individual, the application shall be signed by the person(s) so authorized by the applicant.

(c) The signature shall constitute an affirmation that the material and information submitted is correct and complete to the best of their knowledge and belief.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3205.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24 (formerly Env-Sw 1505.09)

Part Env-Sw 1506 Application Filing

N.H. Code Admin. R. Ann. Env-Sw 1506.01 Application Filing {#sec-env-sw-1506.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1506.01}

Applications shall be signed and filed by the applicant in accordance with Env-Sw 303.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3206.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1507 Application Review

N.H. Code Admin. R. Ann. Env-Sw 1507.01 Application Receipt {#sec-env-sw-1507.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1507.01}

(a) Upon receipt of an application, the department shall determine whether the filing requirements in Env-Sw 1506 have been met.

(b) Applications filed contrary to Env-Sw 1506 shall be held by the department while the applicant is notified of the deficiencies and given an opportunity to correct the deficiencies.

(c) If, after notice pursuant to (b) above, the applicant fails to correct the deficiencies within 10 working days or within another mutually-agreed time, the department shall return the application as filed, with a written explanation as to the reason(s) for returning the application.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3207.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1507.02 Application Completeness Determination {#sec-env-sw-1507.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1507.02}

(a) Within 30 days after the date an application is filed in accordance with Env-Sw 1506, the department shall determine whether the application is complete based on a review of the form submitted pursuant to Env-Sw 1505.02.

(b) If the applicant submits any information to complete the application between the date of initial filing and the date the application is deemed complete, the 30-day review time shall be measured from the date of latest submittal.

(c) If the application is incomplete, the provisions in Env-Sw 1507.03 shall apply.

(d) If the application is complete, the provisions of Env-Sw 1507.04 shall apply.

(e) The department shall not determine that an application is complete if samples of the waste and waste-derived product are not provided following a request from the department.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3207.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1507.03 Incomplete Applications {#sec-env-sw-1507.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1507.03}

(a) If the application is incomplete, the department shall notify the applicant in writing as specified by (b) below.

(b) Notice given pursuant to (a) above shall:

(1) Identify the applicant, type of application, and all documents that constitute the incomplete application;

(2) Identify the deficiencies;

(3) Provide instructions for completing the application;

(4) Provide the name, title, mailing address, and telephone number of the agency official or employee who can be contacted regarding the application; and

(5) Alert the applicant to the application dormancy provisions in (g) and (h) below.

(c) In the event that an incomplete application provides information sufficient for the department to determine that the criteria for issuance shall not be met, the department shall deny the requested approval and send written notice thereof in accordance with Env-Sw 1507.05, in lieu of deeming the application incomplete.

(d) If an application is incomplete for incidental and not substantive reasons, the department shall so notify the applicant by telephone in lieu of providing a written notice of incompleteness, provided:

(1) The anticipated time required for the applicant to correct the deficiency is less than the anticipated time required for the department to notify the applicant in writing; and

(2) The department specifies in the verbal notice a reasonable time period, determined in consultation with the applicant, for correcting the deficiency, after which written notice will be sent by the department in accordance with (b) above if the applicant has failed to respond within the specified time.

(e) Upon notifying an applicant that the application is incomplete, the department shall suspend further processing of the application pending receipt of the additional information required.

(f) 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.

(g) The applicant shall submit all information required to complete an incomplete application within one year from the date the application is initially deemed incomplete.

(h) An incomplete application that becomes a dormant application as defined by Env-Sw 102 shall be deemed denied without further action by the department.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3207.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1507.04 Complete Applications {#sec-env-sw-1507.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1507.04}

A complete application shall undergo a technical review by the department pursuant to the criteria for certification specified in Env-Sw 1504.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500) ss by #8459, eff 10-28-05 (formerly Env-Wm 3207.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1507.05 Application Decision {#sec-env-sw-1507.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1507.05}

(a) If the criteria for certification in Env-Sw 1504 are met, the department shall certify the waste-derived product for distribution and use, subject to terms and conditions, by:

(1) Placing the waste-derived product on the list pursuant to Env-Sw 1508; and

(2) Notifying the applicant in writing.

(b) If the criteria for certification in Env-Sw 1504 are not met, the department shall deny the requested approval and so notify the applicant in writing.

(c) The notice of 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 1505, all documents submitted by the applicant that form the basis of the decision;

(2) State the specific reasons for the denial;

(3) Provide the name, title, mailing address, and telephone number of the department official or employee who may be contacted regarding the application and denial;

(4) Identify the applicable provisions for appeal pursuant to RSA 21-O:9, V; and

(5) Be signed by the director or department employee so authorized by the director.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3207.05); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1508 List of Certified Waste-Derived Products

N.H. Code Admin. R. Ann. Env-Sw 1508.01 Purpose {#sec-env-sw-1508.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1508.01}

(a) The purpose of the rules in this part is to describe the procedures by which the department shall compile, maintain, and distribute a list of all certified waste-derived products.

(b) The purpose for compiling, maintaining, and distributing the list as identified in (a) above shall be to provide current information to the public concerning the identity and status of waste-derived products.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3208.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1508.02 Applicability {#sec-env-sw-1508.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1508.02}

The rules in this part shall specify the procedures by which the department shall compile, maintain, and distribute a list of waste-derived products certified for distribution and use pursuant to this chapter.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3208.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1508.03 Compilation and Maintenance of List {#sec-env-sw-1508.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1508.03}

(a) All waste-derived products certified by rule as specified in Env-Sw 1503 shall be placed on a list for public distribution pursuant to Env-Sw 1508.04.

(b) Any waste which was certified for reuse under the provisions of the solid waste rules in effect on or after July 1, 1991, that continues to be generated pursuant to the original certification shall be deemed certified for distribution and use pursuant to this chapter and accordingly placed on the list, provided that the waste is a waste-derived product and not a processed recyclable material not yet made into a product.

(c) Each time the department certifies a new waste-derived product by approving an application for certification pursuant to Env-Sw 1505, the department shall add the new certified waste-derived product to the list identified in (a) above.

(d) The information on the list shall include:

(1) Product identification, including:

a. Common name;

b. Trade name, if any; and

c. A brief description, including waste content; and

(2) Reference to all documents which constituted the complete application.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3208.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1508.04 Distribution of List {#sec-env-sw-1508.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1508.04}

The list identified in Env-Sw 1508.03 shall be available for public distribution, at no charge, following either a written or verbal request.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3208.04); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1509 Revocation and Suspension of Certification

N.H. Code Admin. R. Ann. Env-Sw 1509.01 Applicability {#sec-env-sw-1509.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1509.01}

The rules in this part shall apply to actions by the department to revoke or suspend certifications issued pursuant to Env-Sw 1507.05.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3209.01); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1509.02 Procedure {#sec-env-sw-1509.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1509.02}

(a) Revocation or suspension of certification shall proceed in accordance with RSA 541-A:30 and this part.

(b) Prior to making a decision to revoke or suspend certification, the department shall hold an adjudicative hearing in accordance with the provisions of Env-C 200 that apply to adjudicative proceedings.

(c) A written notice of hearing shall be provided to the general public by publication in a statewide newspaper and to persons the department knows to have a direct interest in the product, including product manufacturers, distributors, and waste generators.

(d) The hearing notice shall identify:

(1) The product;

(2) The action the department proposes to take;

(3) The reason(s) for the proposed action;

(4) The department’s authority for taking such action;

(5) The date, time, and place for the hearing; and

(6) The name, title, mailing address, and telephone number of the department official or employee who can be contacted regarding the notice.

(e) Certification shall be revoked if the department determines, following the procedures in RSA 541-A:30, that:

(1) Good cause as provided in Env-Sw 1509.03 exists; and

(2) There are no circumstances by which the underlying problem can be corrected or eliminated for the product and certification in question.

(f) Subject to (g) below, certification shall be suspended if the department determines, following the procedures in RSA 541-A:30, that:

(1) Good cause as provided in Env-Sw 1509.03 exists; and

(2) Given time to do so, there are circumstances by which the underlying problem can be corrected or eliminated, thereafter allowing the certification to be reinstated as originally issued.

(g) Written notice of the department’s decision shall be provided to the public, all other persons receiving notice of the hearing pursuant to (c) above and all hearing participants.

(h) Upon revocation or suspension of certification, the department shall remove the waste-derived product from the list maintained pursuant to Env-Sw 1508.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3209.02); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1509.03 Good Cause {#sec-env-sw-1509.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1509.03}

The following shall provide good cause to revoke or suspend certification:

(a) The certification was issued based on false, incomplete, or misleading information which, if known at the time the application was being processed, would have prohibited issuance of the certification based on the criteria for certification in Env-Sw 1504;

(b) New information, not available to the department prior to issuance of the certification, becomes available and shows that the waste-derived product does not in fact meet the criteria for certification in Env-Sw 1504;

(c) For a proprietary product, the proprietor meets the criteria for permit denial pursuant to RSA 149-M:9, IX; or

(d) For a proprietary product, the facility producing the product is not in compliance with the solid waste rules and the terms and conditions for facility operation or closure as provided in the facility permit or permit exemption as the case may be.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Env-Sw 1500

RSA 149-M:7, II, V, and XV; RSA 149-M:9, XIV

Appendix B: Incorporated Reference

Rule (Env-Sw)

Reference (Date/Edition)

Obtain From (Cost)

Env-Sw 1503.07(c)(1)

Standard Specification for Lightweight Aggregates for Concrete (ASTM C331/C331M-10) July 2023

ASTM International

Cost is $55

https://www.astm.org/c0331_c0331m-23.html

Env-Sw 1503.10(b)

Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire: Nutrient Best Management Practices for Agriculture Nonpoint Source Pollution (2019)

New Hampshire Department of Agriculture, Markets & Food.

Free online at:

https://www.agriculture.nh.gov/publications-forms/documents/best-management-practices-bmp-manual.pdf

History

• #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3209.03); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 1600 Solid Waste Facility Operator Training and Certification

Part Env-Sw 1601 Purpose

N.H. Code Admin. R. Ann. Env-Sw 1601.01 Purpose {#sec-env-sw-1601.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1601.01}

The purpose of the rules in this chapter is to implement a solid waste facility operator training and certification program, pursuant to RSA 149-M:6, XIII and RSA 149-M:9, VI, to:

(a) Ensure that solid waste facility operators are aware of potential adverse environmental impacts of solid waste facility operations and the requirements that apply to such operations;

(b) Increase the likelihood that solid waste facilities are operated in accordance with applicable requirements; and

(c) Reduce the likelihood of accidents or other threats to the health and safety of individuals who work at a facility, volunteer at a facility, or use a facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3301.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1602 Applicability and Exemptions

N.H. Code Admin. R. Ann. Env-Sw 1602.01 Applicability {#sec-env-sw-1602.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1602.01}

Subject to Env-Sw 1602.02, this chapter shall apply to any individual who:

(a) Directly operates a solid waste facility;

(b) Directly manages a solid waste facility; or

(c) Directly handles or otherwise manages solid waste at a solid waste facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3302.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1602.02 Exemptions {#sec-env-sw-1602.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1602.02}

Pursuant to RSA 149-M:7, V, the following individuals shall be exempt from this chapter:

(a) Individuals who are employed by a solid waste facility under the work release program established in RSA 651:19 and Cor 411, or who volunteer at a solid waste facility pursuant to RSA 651:68, provided the facility owner provides training and safety equipment for each task to be performed that are adequate to ensure that the purpose of these rules, as stated in Env-Sw 1601.01, is met;

(b) Individuals who volunteer at a solid waste facility, provided:

(1) The volunteers engage only in activities that are essentially non-hazardous, such as providing information to facility users and directing facility users to proper solid waste receptacles;

(2) The volunteers work under the supervision of a certified operator; and

(3) The facility owner provides training and safety equipment for each task to be performed that is adequate to ensure that the purpose of these rules, as stated in Env-Sw 1601.01, is met;

(c) Individuals whose only responsibility is to pick up litter at a facility; and

(d) Individuals who are employed by or who volunteer at an exempt facility as defined in Env-Sw 1603.04.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3302.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1603 Definitions

N.H. Code Admin. R. Ann. Env-Sw 1603.01 Assistant operator {#sec-env-sw-1603.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.01}

“Assistant operator” means the status of an individual who has completed basic training and is maintaining their certification, but who has not passed the operator examination described in Env-Sw 1605.07.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1603.02 Basic training {#sec-env-sw-1603.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.02}

“Basic training” means training and education presented by the department that imparts information and instruction relevant to waste management and solid waste facility operations to individuals who wish to become certified operators.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1603.03 Continuing professional development {#sec-env-sw-1603.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.03}

“Continuing professional development” means professional or technical instruction that imparts information and instruction relevant to waste management and solid waste facility operations to individuals who have already attended basic training.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.03); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1603.04 Exempt facility {#sec-env-sw-1603.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.04}

“Exempt facility” means:

(a) A permit-exempt facility;

(b) A permit-by-notification facility having an active life of 90 days or less;

(c) An emergency permit facility; or

(d) A research and development permit facility.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.04); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1603.05 Principal operator {#sec-env-sw-1603.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.05}

“Principal operator” means the status of an individual who has completed basic training, has passed the examination described in Env-Sw 1605.07, and who is maintaining their certification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.05); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1603.06 Processed applicant {#sec-env-sw-1603.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1603.06}

“Processed applicant” means the status of an individual whose initial application for certification has been approved by the department pursuant to Env-Sw 1605.06(c)(3), but who has not completed basic training.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3303.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1604 Operator Certification

N.H. Code Admin. R. Ann. Env-Sw 1604.01 Certification Required {#sec-env-sw-1604.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1604.01}

(a) All individuals identified in Env-Sw 1602.01 who are not covered by an exemption in Env-Sw 1602.02 shall:

(1) Be certified by the department pursuant to this chapter; or

(2) Obtain processed applicant status in accordance with Env-Sw 1606.01.

(b) Any individual required to obtain initial certification shall complete and submit a "Solid Waste Facility Operator Certification Initial Application", NHDES-S-05-028, April 2023, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-028, for certification no more than 30 days after commencing work at the solid waste facility, whether as a paid employee or a volunteer.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3304.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1604.02 Certification Designations {#sec-env-sw-1604.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1604.02}

(a) There shall be 2 operator certification designations pursuant to this chapter, as follows:

(1) Assistant operator certification, which shall be granted to a processed applicant that has completed basic training as provided in Env-Sw 1607.01; and

(2) Principal operator certification, which shall be granted to a processed applicant or an assistant operator who completes basic training and passes the examination, as provided in Env-Sw 1608.01.

(b) Each assistant operator and principal operator shall also be assigned a step designation as provided in Env-Sw 1609 or Env-Sw 1611, as applicable.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3304.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1605 Initial Certification

N.H. Code Admin. R. Ann. Env-Sw 1605.01 Applicability {#sec-env-sw-1605.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.01}

This part shall apply to each individual who:

(a) Is applying for assistant operator or principal operator certification for the first time;

(b) Currently has assistant operator status, but wishes to attain principal operator status; or

(c) Was previously certified, but:

(1) Failed to renew their certification in accordance with Env-Sw 1611; or

(2) Had their certification revoked pursuant to Env-Sw 1612.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3305.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.02 Application Required {#sec-env-sw-1605.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.02}

Any individual who is required to be certified pursuant to Env-Sw 1602.01 shall file an application that includes:

(a) The completed, signed application form as specified in Env-Sw 1604.01(b); and

(b) The fee described in Env-Sw 1605.04.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3305.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.03 Content and Format of Application {#sec-env-sw-1605.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.03}

(a) The applicant shall provide the following information on the form specified in Env-Sw 1604.01(b):

(1) The applicant’s name, residential mailing address, personal email address, and daytime telephone number;

(2) Whether the applicant has held any previous certification under this chapter, and if so, each certificate number; and

(3) Whether the applicant currently is working at a facility, whether on a paid or unpaid basis, and if so:

a. The name, mailing address, and telephone number and, if available, the email address, of each such facility;

b. The name and title of the applicant’s supervisor or facility manager; and

c. The applicant’s current title or position, including a brief description of the duties required by the position.

(b) The applicant shall sign and date the application form.

(c) The applicant’s signature shall constitute certification that the information provided in the application is true, complete, and not misleading to the applicant’s knowledge and belief.

(d) Subject to (e), below, the applicant’s signature also shall constitute certification that the applicant:

(1) Has not owned or been in charge of any hazardous or solid waste facility that has been the subject of an administrative or judicial enforcement action for a violation of environmental statutes or rules in any part of the 5-year period prior to the date of application; and

(2) Has not been the subject of any administrative or judicial enforcement action for a violation of environmental statutes or rules, whether individually or as a business entity of any kind, in any part of the 5-year period prior to the date of application.

(e) If the applicant cannot certify to one or both of the statements in (d), above, the applicant shall provide a brief explanation of each enforcement action, including but not limited to the following for each action:

(1) Whether the enforcement action was directed to a facility at which the applicant worked or to the applicant directly, whether individually or as a business entity of any kind;

(2) A description of each alleged violation; and

(3) An explanation as to why these circumstances will not impede the applicant’s ability and willingness to comply with applicable requirements at a facility.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.04 Application Fee - Initial Certification {#sec-env-sw-1605.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.04}

(a) With the completed, signed application form, the applicant shall submit the fee of $50 authorized by RSA 149-M:6, XIII, as reprinted in Appendix B.

(b) The fee, if paid by check or money order, shall be made payable to “Treasurer, State of New Hampshire”.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.05 Application Processing: Completeness Review {#sec-env-sw-1605.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.05}

(a) Upon receiving an application, the department shall review the application to determine whether it is complete, meaning that it provides all of the information required by Env-Sw 1605.03(a), is signed as required by Env-Sw 1605.03(b) through (e), and includes the fee as required by Env-Sw 1605.04.

(b) If the application is not complete, the department shall notify the applicant in writing of:

(1) What is needed to complete the application; and

(2) The deadline for submitting the information, which shall not be less than 10 days nor more than 30 days from the date of notification.

(c) If an applicant fails to complete the application prior to the deadline specified pursuant to (b)(2), above, then:

(1) The application shall be denied; and

(2) The applicant shall reapply with a new initial application and the required fee if the applicant still wishes to become certified.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.06 Application Processing: Substantive Review, Scheduling Basic Training {#sec-env-sw-1605.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.06}

(a) After reviewing the application, the department shall deny the application if:

(1) The applicant did not certify to one or both of the statements in Env-Sw 1605.03(d) and the explanation provided, if any, is insufficient to demonstrate that the applicant is able and willing to comply with all requirements applicable to a facility at which the applicant works;

(2) The department has other information, whether from public records or a source the department considers to be reliable, that the applicant might not be able or willing to comply with all requirements applicable to a facility at which the applicant works and, after meeting with the applicant, the department concludes that the applicant is unlikely to be able or willing to comply with all requirements applicable to a facility at which the applicant works; or

(3) The department determines that any reason for initiating an action to suspend, revoke, or refuse to renew an existing certification as stated in Env-Sw 1612.05 exists.

(b) If the application is denied, the department shall inform the applicant in writing of the reason(s) for the denial and of the process for appealing the decision should the applicant wish to appeal.

(c) If the department is satisfied that the applicant has demonstrated that they are able and willing to comply with all requirements applicable to any facility at which the applicant might work and that no reason for initiating an action to suspend, revoke, or refuse to renew an existing certification as stated in Env-Sw 1612.05 appears to exist, the department shall:

(1) Accept the application;

(2) Schedule the applicant to attend the next available basic training;

(3) Assign the applicant the status of processed applicant; and

(4) Notify the applicant in writing of their status and of the scheduled basic training date.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.07 Certification Examination {#sec-env-sw-1605.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.07}

(a) The department shall administer a written examination at the end of each basic training session.

(b) The written examination shall test the applicant’s knowledge of the substance of basic training, including but not limited to:

(1) New Hampshire and federal statutes;

(2) Department rules;

(3) Identification of solid waste;

(4) Procedures and best management practices for managing solid waste;

(5) Hazardous waste awareness;

(6) Procedures for managing household hazardous waste, used oil, and universal wastes; and

(7) Department permitting, inspection, and enforcement procedures.

(c) Examinations shall be graded on a pass/fail basis, with the passing score being 70% correct.

(d) Individuals shall complete the examination independently of assistance in order to obtain a passing score.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1605.08 Failure to Complete Basic Training or Pass Examination {#sec-env-sw-1605.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1605.08}

(a) An individual who fails to attend, or attends but fails to complete, a basic training session may request to attend a future basic training session by submitting a written request to the department within 15 business days after the scheduled session, that explains the reason(s) for such failure to attend or complete the session.

(b) The department shall:

(1) Only grant one extension per processed applicant;

(2) Grant the request and schedule the individual for a future training session if the department determines that the failure was due to reasons beyond the control of the individual;

(3) Deny the request if the department determines that the criterion for granting the request is not met, and notify the applicant of the denial in writing and provide the reasons for the denial; and

(4) If the department denies the request, it shall set a deadline, not to exceed 15 business days after the scheduled training session, for the applicant to provide the necessary information in writing, to address the reasons for denial.

(c) If an individual fails to meet the requirements in (b)(4) above, the department shall deny the request and inform the individual that they must file a new application and submit a new $50 fee if certification is still desired.

(d) An individual who has filed a request pursuant to (a), above, shall:

(1) Retain processed applicant status until they attend and completes the scheduled basic training session, if the request is granted; or

(2) Lose processed applicant status if the request is denied.

(e) An individual who completes the basic training session but fails the certification examination shall be assigned assistant operator status.

(f) If an individual who fails the examination still wishes to become a principal operator, the individual may retake the examination without additional training within 8 weeks of the original test at a time convenient to both the applicant and the department.

(g) If an individual who takes a second examination as provided in (f), above, fails the second examination but wishes to pursue principal operator certification, the individual shall:

(1) File a newly prepared and signed application form as specified in Env-Sw 1605.02(a); and

(2) Re-take basic training and another examination.

History

• #10600, eff 7-1-14; amd by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

Part Env-Sw 1606 Processed Applicants

N.H. Code Admin. R. Ann. Env-Sw 1606.01 Processed Applicant Status: How Assigned {#sec-env-sw-1606.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1606.01}

Processed applicant status shall be assigned to applicants as specified in Env-Sw 1605.06(c)(3).

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1606.02 Processed Applicant Status: When Effective {#sec-env-sw-1606.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1606.02}

Processed applicant status shall be effective from the date a complete application is filed with the department to the earliest date the applicant:

(a) Obtains principal operator status pursuant to Env-Sw 1608.01;

(b) Obtains assistant operator status pursuant to Env-Sw 1607.01; or

(c) Fails to attend and complete basic training as scheduled.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1606.03 Supervision of Processed Applicants {#sec-env-sw-1606.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1606.03}

(a) Subject to (b), below, processed applicants who work at a solid waste facility, whether for pay or as a volunteer, shall be supervised by a principal operator while working at the facility.

(b) Any processed applicant who is a sole proprietor of, or the sole employee for, a facility that operates or will operate under a permit-by-notification may work at the facility without the supervision of a principal operator.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3306.03); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1607 Assistant Operators

N.H. Code Admin. R. Ann. Env-Sw 1607.01 Assistant Operator Certification: How Assigned {#sec-env-sw-1607.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1607.01}

Assistant operator certification shall be assigned to each processed applicant who completes basic training, but:

(a) Does not take the operator certification examination; or

(b) Fails the operator examination.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.01); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1607.02 Assistant Operator Certification: When Effective; Renewal {#sec-env-sw-1607.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1607.02}

(a) Initial assistant operator certification shall be effective for one year from the date of completion of basic training.

(b) Assistant operator certification shall be renewed annually in accordance with Env-Sw 1611.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.02); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1607.03 Supervision of Certified Assistant Operators Required {#sec-env-sw-1607.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1607.03}

(a) Subject to (b), below, any assistant operator who works at a solid waste facility, whether for pay or as a volunteer, shall be supervised by a principal operator while working at the facility.

(b) Any certified assistant operator who is a sole proprietor of, or the sole employee for, a facility that operates or will operate under a permit-by-notification may work at the facility without the supervision of a principal operator for up to one year, provided the operator continues in good faith to attempt to pass the exam.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1600); ss by #8459, eff 10-28-05 (formerly Env-Wm 3307.03); ss by #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1607.04 Change from Assistant Operator to Principal Operator {#sec-env-sw-1607.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1607.04}

An assistant operator whose assistant operator certification is current who wishes to become a principal operator shall apply for a change in certification by filing a new initial application as specified in Env-Sw 1605.02(a).

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1608 Principal Operators

N.H. Code Admin. R. Ann. Env-Sw 1608.01 Principal Operator Certification: How Assigned {#sec-env-sw-1608.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1608.01}

Principal operator certification shall be assigned to each processed applicant and assistant operator who:

(a) Completes basic training; and

(b) Passes an examination as described in Env-Sw 1605.07.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1608.02 Principal Operator Certification: When Effective; Renewal {#sec-env-sw-1608.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1608.02}

(a) Initial principal operator certification shall be effective for one year from the date of passing the examination.

(b) Principal operator certification shall be renewed annually in accordance with Env-Sw 1611.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1609 Operator Steps

N.H. Code Admin. R. Ann. Env-Sw 1609.01 Operator Steps Assigned Upon Original Certification {#sec-env-sw-1609.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1609.01}

Individuals shall obtain step designations based on the number of total continuing professional development hours accumulated over the course of the individual’s certification, as described in Env-Sw 1609.02.

History

• #10600, eff 7-1-14; ss by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1609.02 Operator Step Designations {#sec-env-sw-1609.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1609.02}

(a) Step designations shall be assigned to principal operators and assistant operators as specified in table 1609-1, below:

Table 1609-1: Steps Based on Hours of Continuing Professional Development Completed

Step

Hours of Continuing Professional Development Completed

1

2.5 total

2

12.5 total

3

25 total

4

37.5 total

(b) The designation of senior operator shall apply to each principal operator who completes 50 total hours of continuing professional development.

History

• #10600, eff 7-1-14; ss by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1609.03 Changes in Steps {#sec-env-sw-1609.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1609.03}

(a) To obtain a step increase, a principal operator or assistant operator shall submit proof of continuing professional development with the application for renewal as specified in Env-Sw 1611.

(b) A change in an individual’s step designation shall be effective upon renewal of the individual’s certification.

History

• #10600, eff 7-1-14; ss by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1609.04 Retention and Loss of Steps When Certification Has Expired {#sec-env-sw-1609.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1609.04}

An operator whose certification has expired per RSA 149-M:6, XIII shall retain the same step designation as the expired certificate if the operator:

(a) Obtains processed applicant status within one year of the expiration of the operator’s previous certificate; and

(b) Completes the process of obtaining a new certificate in accordance with these rules.

History

• #12045, eff 11-18-16; ss by #13623, eff 5-1-23

Part Env-Sw 1610 Certificates; Certified Operator Responsibilities

N.H. Code Admin. R. Ann. Env-Sw 1610.01 Issuance of Certificates {#sec-env-sw-1610.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1610.01}

The department shall issue:

(a) An assistant operator certificate to each individual who takes basic training but does not take or does not pass the examination;

(b) A principal operator certificate to each individual who takes basic training and passes the examination; and

(c) A renewal certificate to each operator who renews their certification in accordance with Env-Sw 1611.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1610.02 Certificate Content {#sec-env-sw-1610.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1610.02}

Each certificate issued pursuant to Env-Sw 1610.01 shall contain:

(a) A unique certificate number;

(b) The name of the certificate holder;

(c) The expiration date of the certificate;

(d) The operator’s status as a principal operator or assistant operator; and

(e) The operator’s step designation.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1610.03 Certificates Non-Transferable {#sec-env-sw-1610.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1610.03}

No certificate issued pursuant to this chapter shall be transferable to any other person.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1610.04 Obligations of Certified Operators {#sec-env-sw-1610.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1610.04}

Any individual certified as an assistant operator or principal operator under this chapter shall:

(a) Demonstrate knowledge of the solid waste rules and operate the facility in compliance with all applicable requirements; and

(b) Conduct all actions relating to the collection, storage, transfer, treatment, or disposal of solid waste in such a way as to safeguard public health and the proper operation and maintenance of a facility.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

Part Env-Sw 1611 Renewal of Certificates

N.H. Code Admin. R. Ann. Env-Sw 1611.01 Requirements for Certification Renewal {#sec-env-sw-1611.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.01}

A principal operator or assistant operator who is certified under this chapter who wishes to retain their certification shall:

(a) Obtain continuing professional development hours as specified in Env-Sw 1611.02; and

(b) Submit a completed, signed "Solid Waste Facility Operator Certification Renewal Application," NHDES-S-05-038, April 2023, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-038 as specified in Env-Sw 1611.03 with the fee as specified in Env-Sw 1611.04, no more than 90 days before the expiration date of the applicant’s current certification and within 90 days after the expiration date.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.02 Continuing Professional Development Required {#sec-env-sw-1611.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.02}

(a) Each principal operator or assistant operator who is certified under this chapter shall participate in 2.5 hours or more of continuing professional development per year.

(b) Continuing professional development hours shall be completed between the date of certification of the prior certificate and the date of filing for certification renewal.

(c) An operator may repeat one or more training courses, but repeated courses shall only qualify as continuing professional development hours for purposes of step designations or certification renewal when there is a 5-year period between completion dates for the repeated class.

(d) An operator may use in-house training or training provided by a third-party trainer to satisfy the requirement in (a), above, provided the operator:

(1) Retains a copy of the training materials with the name of the instructor or training institution and proof of attendance for not less than 3 years from the date of the training; and

(2) Provides a copy of the proof of attendance with the renewal application.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.03 Renewal Application Requirements {#sec-env-sw-1611.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.03}

(a) Any operator seeking certification renewal shall submit the following information on the form specified in Env-Sw 1611.01(b):

(1) The operator’s name, residential mailing address, email address, and daytime telephone number;

(2) The certificate number, date of issuance, and date of expiration of:

a. The operator’s current certificate, if the renewal application is submitted within 90 days of the certificate’s expiration date; or

b. The operator’s most recent certificate, for any operator whose certification has expired as specified in Env-Sw 1611.08;

(3) If the operator currently works at one or more facilities, whether for pay or as a volunteer, the following information for each such facility:

a. Name, mailing address, email address, and daytime telephone number of the facility;

b. Name and title of the operator’s supervisor or facility manager; and

c. The operator’s current title or position, with a brief description of the duties required of the position; and

(4) Proof that the operator has attended 2.5 hours or more of continuing professional development since the certification date of the operator’s current certification.

(b) The operator shall sign and date the application form.

(c) The operator’s signature shall constitute certification that the information provided by the operator on the certification renewal form is true, complete, and not misleading to the operator’s knowledge and belief.

(d) Subject to (e), below, the operator’s signature also shall constitute certification that the operator:

(1) Has not owned or been in charge of any hazardous waste or solid waste facility which has been the subject of an administrative or judicial enforcement action for a violation of environmental statutes or rules in any part of the 12-month period prior to the date of application; and

(2) Has not been the subject of any administrative or judicial enforcement action for a violation of environmental statutes or rules, whether individually or as a business entity of any kind, in any part of the 12-month period prior to the date of application.

(e) If the operator cannot certify to one or both of the statements in (d), above, the operator shall provide a brief explanation of each enforcement action, including but not limited to the following for each action:

(1) Whether the enforcement action was directed to a facility at which the operator worked or to the operator directly, whether individually or as a business entity of any kind;

(2) A description of each alleged violation; and

(3) An explanation as to why these circumstances do not impede the operator’s ability or willingness to comply with applicable requirements at a facility.

History

• #10600, eff 7-1-14; amd by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.04 Renewal Application Fee {#sec-env-sw-1611.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.04}

(a) The renewal application fee shall be as provided in RSA 149-M:6, XIII, which, as reprinted in Appendix B, is:

(1) $50.00 if the renewal application is received prior to the expiration of the operator’s current certification; or

(2) $75.00 if the renewal application is received within 90 days after the expiration date of the operator’s current certification.

(b) Renewal fees, if paid by check or money order, shall be made payable to “Treasurer, State of New Hampshire.”

History

• #10600, eff 7-1-14; amd by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.05 Processing Renewal Applications {#sec-env-sw-1611.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.05}

(a) Any application for certification renewal received by the department more than 90 days prior to the certificate’s expiration date shall be returned to the operator for re-submittal during the appropriate time frame.

(b) The department shall review each application for certification renewal that is received within the time period specified in Env-Sw 1611.01(b).

(c) The department shall approve the application and issue a renewal certification if:

(1) The application for renewal contains all of the information required by Env-Sw 1611.03(a), is signed as required by Env-Sw 1611.03(b) - (e), and includes the appropriate fee as determined under Env-Sw 1611.04;

(2) The applicant has complied with the continuing professional development required by Env-Sw 1611.02; and

(3) The department has no grounds for denying the renewal as specified in Env-Sw 1612.

(d) Renewal certificates shall contain the information specified in Env-Sw 1610.02.

(e) If the conditions specified in (c), above, are not met, the department shall deny the renewal application, notify the applicant of the denial in writing, and provide the reasons for the denial.

(f) The department shall set a deadline, not to exceed 15 business days, for the applicant to provide the necessary information to address the reasons for denial.

(g) If the conditions in (c), above, are not met by the end of the 90-day period provided in RSA 149‑M:6, XIII, the department shall:

(1) Deny the renewal application in writing and state the reason(s) for the denial; and

(2) Identify the applicable provisions for appeal.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.06 Renewal Certification Expiration; Adjustment of Expiration Date {#sec-env-sw-1611.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.06}

(a) The expiration date for a renewed certification shall be one year from the expiration date of the certification being renewed, regardless of the date it is actually issued.

(b) At the time of filing an application for renewal, an operator whose certification has not expired or been suspended or revoked may request a change in the expiration date of the renewal certificate by submitting a written request with the renewal application that includes an explanation of why the operator wishes to change the date.

(c) The department shall adjust the expiration date in response to a request that complies with (b), above, if:

(1) The date requested for renewal is no more than one year from the current renewal date; and

(2) The operator has not been or will not be working at a facility, whether for pay or as a volunteer, for 6 months or more due to illness, injury, family requirements, military deployment, or other such reason.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1611.07 Failure to Renew Certificate {#sec-env-sw-1611.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1611.07}

(a) If a complete renewal application is not submitted as required by Env-Sw 1611.01(b), then:

(1) The certification shall be deemed expired as required by RSA 149-M:6, XIII; and

(2) The department shall remove the operator’s name from the roster of certified operators and remove the expired certification number from use.

(b) If a previously-certified individual whose certification has expired as specified in (a), above, wishes to once again be certified, then:

(1) The individual shall apply for certification in accordance with Env-Sw 1605; and

(2) The department shall issue a new certification number to the individual if the individual completes the certification process.

History

• #10600, eff 7-1-14; ss by #12045, eff 11-18-16; ss by #13623, eff 5-1-23

Part Env-Sw 1612 Refusal to Renew; Suspension; Revocation

N.H. Code Admin. R. Ann. Env-Sw 1612.01 Applicability {#sec-env-sw-1612.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1612.01}

This part shall apply to actions by the department to revoke, suspend, or refuse to renew a certification.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1612.02 Initiation of Action to Suspend, Revoke, or Refuse to Renew Certificate {#sec-env-sw-1612.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1612.02}

(a) After issuing a certificate or receiving a request for renewal of a certificate, if the department receives information which indicates that cause, as defined in Env-Sw 1612.05, exists to revoke, suspend, or refuse to renew the certificate, the department shall proceed in accordance with the provisions in RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(b) After initiating a proceeding under (a), above, the department shall determine whether to revoke, suspend, or refuse to renew the certificate as specified in Env-Sw 1612.03 through Env-Sw 1612.05.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1612.03 Revocation of Certificate; Refusal to Renew Certificate {#sec-env-sw-1612.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1612.03}

(a) In any proceeding initiated pursuant to Env-Sw 1612.02, the department shall revoke or refuse to renew the certificate, as applicable, if the department determines that:

(1) The underlying cause for the action cannot be corrected to conform to applicable requirements;

(2) The operator’s conduct caused harm or posed a substantial threat of harm to public health or the environment;

(3) The operator does not acknowledge the severity of their conduct, shows no remorse, or otherwise exhibits a disregard for the solid waste operator certification program; or

(4) The operator is a chronic violator as defined in Env-C 209.

(b) An individual whose operator certification has been revoked or refused renewal pursuant to (a), above, shall not be eligible to submit an application under Env-Sw 1605 to become a certified operator in New Hampshire unless and until the individual has submitted a written request that has been approved by the department as specified in (c) through (f), below.

(c) No sooner than one year from the date the certification was revoked or refused renewal, the individual seeking to apply for certification shall submit a written request to the department requesting that they be allowed to attend a basic training session and take the certification exam.

(d) The request filed pursuant to (c), above, shall demonstrate that the individual:

(1) Understands the seriousness of the offense(s);

(2) Has taken responsibility for their actions; and

(3) Has taken courses or otherwise engaged in education relating to solid waste management at a rate of 2.5 hours or more for each year since the certificate was revoked or refused renewal.

(e) The department shall approve the request to apply only if the department determines, based on the information provided pursuant to (d), above, that the individual is not likely to repeat the action(s) that caused their certificate to be revoked or refused renewal.

(f) The department shall notify the individual in writing of its decision. If the department denies the request to apply, the notice shall specify the reason(s) for the denial.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1612.04 Suspension {#sec-env-sw-1612.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1612.04}

(a) In any proceeding initiated pursuant to Env-Sw 1612.02, the department shall suspend the certificate, subject to (b) and (c), below, if the department determines that:

(1) The underlying cause for the action cannot be corrected to conform to applicable requirements; and

(2) The operator’s conduct does not meet the criteria for revoking the certification specified in Env-Sw 1612.03(a).

(b) If the department determines that the operator would benefit from additional continuing professional development, the department shall include as a condition of the suspension that the operator obtain the additional continuing professional development prior to requesting reinstatement pursuant to (c), below.

(c) If a certificate is suspended pursuant to (a), above, the department shall not reinstate the certificate until:

(1) The underlying cause for the action has been corrected to conform with applicable requirements;

(2) Any conditions established under (b), above, have been met; and

(3) The certificate holder submits a written request to the department requesting that the certificate be reinstated which includes such documentation as is necessary to demonstrate that any conditions established under (b), above, have been met.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23

N.H. Code Admin. R. Ann. Env-Sw 1612.05 Good Cause for Action {#sec-env-sw-1612.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1612.05}

Good cause to revoke, suspend, or refuse to renew a certification shall include the following:

(a) The individual obtained or assisted another to obtain certification through fraud, deceit, or falsification, such as by:

(1) Submitting false or misleading information in any initial or renewal application;

(2) Cheating or assisting another to cheat on the examination; or

(3) Falsifying attendance at operator training or continuing professional development;

(b) The individual failed to use reasonable care and judgment in the performance of their duties;

(c) The individual took action(s) or failed to take action(s) relating to the collection, storage, transfer, treatment, or disposal of solid waste in such a way as to jeopardize public health or compromise the proper operation and maintenance of a facility; and

(d) The individual failed to comply with an order of the department relative to the management of solid waste or the facility.

Appendix A: Statutes Implemented

Rule Sections

State Statute(s) Being Implemented

Env-Sw 1600

RSA 149-M:6, XIII; RSA 149-M:7, VI; RSA 149-M:9, VI

Env-Sw 1601.01

RSA 149-M:6, XIII; RSA 149-M:7, VI; RSA 149-M:9, VI

Env-Sw 1605.08(e), 1609, 1611.03(a)(2), 1611.04(a) intro

RSA 149-M:6, XIII; RSA 149-M:9, VI

Env-Sw 1611.08 – Env-Sw 1612.05

RSA 149-M:6, XIII; RSA 149-M:9, VI

Appendix B: Statute Cited

RSA 149-M:6 Responsibilities. – The department shall have the responsibility and authority to:

XIII. Establish and administer a certification program for solid waste operators which shall include training courses, and may include testing. The fee for certification shall not exceed $50 per attendee, and shall be deposited in the nonlapsing revolving fund established in RSA 21-O:1-a. Certification shall be renewed annually. If the renewal fee is not submitted within 90 days after the certificate's expiration date, the certified individual's name shall be removed from the current status and the certification shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is received after the certificate's expiration date.

History

• #10600, eff 7-1-14; ss by #13623, eff 5-1-23 (formerly Env-Sw 1612.06)

Chapter Env-Sw 1700 Requirements for Land Application of Wood Ash

Part Env-Sw 1701 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1701.01 Purpose {#sec-env-sw-1701.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1701.01}

The purpose of the rules in this chapter is to establish criteria and procedures by which ash generated from the combustion of clean wood shall be certified for distribution and beneficial use in agricultural land applications.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 formerly Env-Wm 3401.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1701.02 Applicability; Exemptions {#sec-env-sw-1701.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1701.02}

(a) Except as provided in (b), below, the rules in this chapter shall apply to any person distributing and using wood ash for agricultural land application in New Hampshire.

(b) The rules in this chapter shall not apply to:

(1) Persons using wood ash from their household wood stove(s) for agricultural land application in New Hampshire;

(2) Persons generating 500 or fewer tons per year of wood ash from the combustion of clean wood as defined by RSA 125-R:1, II, provided that the ash is actively managed and beneficially used in agricultural land applications; and

(3) Persons distributing and using 500 or fewer tons per year of wood ash obtained from generators described in (2) above, provided that the ash is actively managed and beneficially used in agricultural land applications.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3401.02); ss by #10521, EMERGENCY RULE, eff 2-11-14, EXPIRES: 8-11-14; ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1702 Land Application Requirements

N.H. Code Admin. R. Ann. Env-Sw 1702.01 Certification Required {#sec-env-sw-1702.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1702.01}

No person shall distribute, receive, store, or use wood ash that is subject to this chapter for land application in New Hampshire unless the wood ash is:

(a) Certified for distribution and use in accordance with this chapter;

(b) Actively managed; and

(c) Managed as required by the certification.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3402.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1702.02 General Provisions for Obtaining Certification {#sec-env-sw-1702.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1702.02}

(a) Any person who wishes to obtain certification for wood ash shall:

(1) File an application in accordance with Env-Sw 1705; and

(2) Demonstrate in the application that the wood ash meets the criteria for land application in Env-Sw 1703.

(b) Certification to distribute and use wood ash in excess of 500 tons per year from a single source shall be obtained and held by the wood ash generator.

(c) Certification to distribute and use wood ash in excess of 500 tons per year from sources that individually generate 500 or fewer tons per year shall be obtained and held by the broker or other person responsible for distributing the wood ash.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3402.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1703 Criteria for Land Application

N.H. Code Admin. R. Ann. Env-Sw 1703.01 Source of Ash {#sec-env-sw-1703.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1703.01}

Only ash generated from the combustion of clean wood as defined by RSA 125-R:1, II, shall be land applied.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3403.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1703.02 Quality of Ash {#sec-env-sw-1703.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1703.02}

(a) Wood ash that is land applied shall not contain heavy metals in excess of the following concentrations, as determined on a dry weight basis in accordance with Env-Sw 1706:

(1) For arsenic, 41 milligrams per kilogram (mg/kg);

(2) For cadmium, 39 mg/kg;

(3) For chromium, 1,200 mg/kg;

(4) For copper, 1,500 mg/kg;

(5) For lead, 300 mg/kg;

(6) For mercury, 17 mg/kg;

(7) For molybdenum, 75 mg/kg;

(8) For nickel, 420 mg/kg;

(9) For selenium, 100 mg/kg; and

(10) For zinc, 2,800 mg/kg; and

(b) Wood ash that is land applied shall be substantially free of uncombusted material.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3403.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1703.03 Use of Ash {#sec-env-sw-1703.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1703.03}

Wood ash certified pursuant to this chapter shall be land applied only at sites for which a site-specific management plan has been prepared as specified in Env-Sw 1704.04.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3403.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1704 Permit-Exempt Land Application Sites

N.H. Code Admin. R. Ann. Env-Sw 1704.01 Land Application Sites {#sec-env-sw-1704.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1704.01}

Wood ash land application sites shall be exempt from obtaining a solid waste facility permit pursuant to RSA 149-M:9 for the management and spreading of wood ash provided the site meets the requirements in Env-Sw 1704.02 through Env-Sw 1704.05.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3404.01); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1704.02 Limitations on Land Application Sites {#sec-env-sw-1704.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1704.02}

A permit-exempt land application site shall only receive and use wood ash that:

(a) Has been certified for distribution and use in accordance with this chapter; or

(b) Is exempt from this chapter under Env-Sw 1701.02(b)

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3404.02); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1704.03 Management Plan Required {#sec-env-sw-1704.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1704.03}

The owner of a permit-exempt land application site shall use wood ash received in conformance with a site-specific management plan developed by the certificate holder for that specific site pursuant to Env-Sw 1704.04.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3404.03); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1704.04 Site-Specific Management Plans {#sec-env-sw-1704.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1704.04}

(a) Prior to distributing any certified wood ash for use in land application, the certificate holder shall develop a site-specific management plan for each site where the certified wood ash will be land applied.

(b) The site-specific management plan shall include provisions for:

(1) Storing the wood ash in conformance with the universal environmental performance standards established in Env-Sw 1002;

(2) Testing the wood ash as required by Env-Sw 1706.02;

(3) Application rates, supported by site soil testing to assure that use of wood ash at the site satisfies an agronomic need; and

(4) Actively managing the wood ash.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3404.04); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1704.05 Universal Environmental Performance Requirements {#sec-env-sw-1704.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1704.05}

Wood ash land application practices shall not violate the universal environmental performance requirements in Env-Sw 1002.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3404.05); ss by #10601; ss by #14067, eff 9-3-24

Part Env-Sw 1705 Application and Approval

N.H. Code Admin. R. Ann. Env-Sw 1705.01 Application Content and Format {#sec-env-sw-1705.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1705.01}

(a) An applicant for wood ash certification pursuant to this chapter shall provide the following in writing to the department:

(1) The name, address, and telephone number of the applicant, and whether the applicant is the wood ash generator or another person;

(2) If the applicant is not the generator or is not the sole generator, the name and location of each generator of the wood ash for which certification is sought;

(3) For each generator identified pursuant to (1) or (2), above, the estimated quantity in tons of wood ash to be managed under the requested certification;

(4) A statement signed by each generator identified in (1) or (2), above, certifying that the generator combusts only clean wood as defined by RSA 125-R:1, II; and

(5) Analytical test results of representative samples of the wood ash pursuant to Env-Sw 1706.02.

(b) The applicant shall sign and date the document that conveys the information required by (a), above.

(c) The signature of the applicant shall constitute certification that:

(1) The information provided in the application is true, complete, and not misleading to the applicant’s knowledge and belief; and

(2) The applicant understands that the applicant is:

a. Subject to penalties of law for false swearing if the information submitted is not true, complete, and not misleading; and

b. Required to comply with all applicable requirements of RSA 149-M and the solid waste rules.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3405.01); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1705.02 Application Filing {#sec-env-sw-1705.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1705.02}

The applicant shall file an application to certify wood ash for distribution and use with the department as specified in Env-Sw 303.03.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3405.02); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1705.03 Application Review {#sec-env-sw-1705.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1705.03}

The department shall review applications to certify wood ash for distribution and use as specified in Env-Sw 304.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3405.03); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1705.04 Application Decision {#sec-env-sw-1705.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1705.04}

(a) If the criteria for certification in Env-Sw 1703 are met, the department shall issue a certificate authorizing the distribution and use of the wood ash pursuant to (d) below.

(b) If the criteria for certification in Env-Sw 1703 are not met, the department shall deny the requested approval and shall so notify the applicant in writing.

(c) The notice of 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 reasons for the denial;

(3) Provide the name, title, mailing address, and telephone number of the department official or employee who can be contacted regarding the application and denial;

(4) Identify the applicable provisions for appeal pursuant to RSA 21-O:14; and

(5) Be signed by the director or a department employee authorized by the director.

(d) The certification to distribute and use wood ash shall:

(1) Identify the certificate holder;

(2) Identify the type of approval and authority for issuance;

(3) Identify all documents that constitute the complete application;

(4) Identify the specific source(s) of the wood ash to which the certification exclusively applies, including the name of the generator and location of the wood ash generating facility;

(5) Specify the terms and conditions under which the approved activity is authorized, including:

a. The effective date of the certification;

b. The expiration date of the certification, if any, and provisions for renewal as applicable; and

c. The requirements established in Env-Sw 1706; and

(6) Be signed by the director or a department employee authorized by the director.

(e) A certificate issued to a non-generator shall authorize the certificate holder to manage ash from generators not identified in the original application for certification, provided the certificate holder notifies the department in writing of the change and provides the information specified in Env-Sw 1705.01(a)(2)-(5).

(f) Any decision by the department to issue certification 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.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3405.04); ss by #10601; ss by #14067, eff 9-3-24

Part Env-Sw 1706 Sampling, Testing, Recordkeeping, and Reporting Requirements

N.H. Code Admin. R. Ann. Env-Sw 1706.01 Wood Ash Sampling {#sec-env-sw-1706.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1706.01}

(a) Each certificate holder shall obtain representative composite samples of wood ash destined for land application and submit the samples for testing in accordance with Env-Sw 1706.02.

(b) Ash samples composited to create representative composite samples shall be taken not less than monthly.

History

• #6619-B, eff 10-29-97; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3406.01); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1706.02 Wood Ash Testing {#sec-env-sw-1706.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1706.02}

(a) Each certificate holder shall test representative composite samples of the wood ash:

(1) On at least a quarterly basis for wood ash that is distributed regularly; or

(2) On a batch basis if the ash is distributed on a batch basis.

(b) Analyses of representative composite samples of wood ash shall be as follows:

(1) The analyses shall use EPA test procedures in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, revised July 2021, published by the United States Environmental Protection Agency, accessed as noted in Appendix B.

(2) The analyses shall include testing for the following constituents:

a. Cadmium;

b. Chromium;

c. Copper;

d. Lead;

e. Mercury;

f. Nickel;

g. Zinc;

h. Potassium;

i. Molybdenum;

j. Selenium;

k. Calcium;

l. Magnesium;

m. Arsenic;

n. Phosphorus; and

o. Lime equivalence; and

(3) The test for the metals listed in (2), above, shall be for total metals.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3406.02); ss by #10601; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1706.03 Recordkeeping {#sec-env-sw-1706.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1706.03}

(a) Certificate holders shall maintain records that document the following:

(1) Each source of the wood ash, by generator and location;

(2) Location of each wood ash land application sites;

(3) Quantity of wood ash distributed at each land application site;

(4) Analytical results for the testing required by Env-Sw 1706.02;

(5) Date and location of each wood ash delivery; and

(6) A copy of the site-specific management plan for each land application site where the wood ash is used.

(b) The certificate holder shall make available to the department records and site-specific management plans pursuant to Env-Sw 2000.

(c) The certificate holder shall keep all records required by this section for a period of not less than 3 years.

History

• #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1706.04 Reporting Requirements {#sec-env-sw-1706.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1706.04}

Analytical data for wood ash that does not meet the requirements specified in Env-Sw 1703.02 shall be reported to the department in accordance with Env-Sw 1005.09.

History

• #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1707 Status of Approvals Granted Before the 2014 Effective Date of This Chapter

N.H. Code Admin. R. Ann. Env-Sw 1707.01 Applicability {#sec-env-sw-1707.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1707.01}

The rules in this part shall apply to any person holding a written certification or approval to distribute and use wood ash for agricultural land application granted by the department prior to the 2014 effective date of this chapter and signed by the director or the director’s authorized designee, who continues to operate under the certification or approval.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3407.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1707.02 Status of Approval {#sec-env-sw-1707.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1707.02}

(a) A written certification or approval identified in Env-Sw 1707.01 shall remain valid provided the holder of the certification or approval complies with the terms of the written certification or approval and with Env-Sw 1000.

(b) The terms and conditions of the certification or approval shall remain unchanged unless modified pursuant to applicable provisions of Env-Sw 300.

(c) If required for administrative purposes, the department shall:

(1) Assign a new number to the certification or approval granted prior to the 2014 effective date of this chapter; and

(2) Send written notice thereof to the person holding the certification or approval.

Appendix A:

Rule Sections

Statute(s) Being Implemented

Env-Sw 1700

RSA 149-M:6, XIV; RSA 149-M:7, II and III

Appendix B: Incorporated References

Rule

Reference (Date/Edition)

Obtain From (Cost)

Env-Sw 1706.02(b)(1)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 (2021)

National Technical Information Service (NTIS) (https://www.ntis.gov/)

Cost is $360

Free online at:

https://www.epa.gov/hw-sw846/sw-846-compendium

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3407.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 1800 Reduction of Toxics in Packaging

Part Env-Sw 1801 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Sw 1801.01 Purpose {#sec-env-sw-1801.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1801.01}

The purpose of these rules is to supplement the provisions of RSA 149-M:32-40, relative to reducing heavy metals in package and packaging components as one step in reducing the toxicity of solid waste when it is disposed of by landfilling or incineration.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3501.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1801.02 Applicability {#sec-env-sw-1801.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1801.02}

These rules shall apply to all package and packaging components sold, offered for sale, or otherwise distributed in New Hampshire except as provided by RSA 149-M:35.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3501.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1802 Definitions

N.H. Code Admin. R. Ann. Env-Sw 1802.01 Intentional introduction {#sec-env-sw-1802.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.01}

“Intentional introduction” means “intentional introduction” as defined in RSA 149-M:33, IV.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.02 Manufacturer {#sec-env-sw-1802.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.02}

“Manufacturer” means “manufacturer” as defined in RSA 149-M:33, V.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.03 Package {#sec-env-sw-1802.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.03}

“Package” means “package” as defined in RSA 149-M:33, VII.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.04 Packaging component {#sec-env-sw-1802.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.04}

“Packaging component” means “packaging component” as defined in RSA 149-M:33, VIII.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.04); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.05 Petitioner {#sec-env-sw-1802.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.05}

“Petitioner” means a manufacturer or supplier filing a petition for exemption from RSA 149-M:35.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.05); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.06 Post-consumer material {#sec-env-sw-1802.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.06}

“Post-consumer material” means “post-consumer material” as defined in RSA 149-M:33, IX.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.07 Purchaser {#sec-env-sw-1802.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.07}

“Purchaser” means any person receiving a package or packaging component directly from the manufacturer or supplier of the package or packaging component who then sells or distributes the package or packaging component to a retail consumer.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.07); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.08 Reformulate {#sec-env-sw-1802.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.08}

“Reformulate” means to change the way a package or packaging component is manufactured so as to result in a different concentration of lead, cadmium, mercury, or hexavalent chromium.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.08); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1802.09 Supplier {#sec-env-sw-1802.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1802.09}

“Supplier” means “supplier” as defined by RSA 149-M:33, X.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3502.09); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1803 Exemptions

N.H. Code Admin. R. Ann. Env-Sw 1803.01 Petition for Exemption {#sec-env-sw-1803.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1803.01}

(a) No petition for exemption shall be necessary if a package or packaging component is eligible for an automatic exemption under RSA 149-M:35.

(b) Subject to (c) below, in order for a petition for exemption from RSA 149-M:32-40 to be valid, the manufacturer of the package or packaging component shall file the petition.

(c) If a manufacturer of a package or packaging component does not provide a supplier with a certificate of compliance and the supplier believes the package or packaging component is eligible for an exemption, the supplier may file a petition for exemption.

(d) The petition for exemption shall be filed with the department.

(e) The petition shall include the following:

(1) The name, address, and telephone number of the manufacturer or supplier seeking the exemption;

(2) The name and position of the individual who can answer questions on behalf of the petitioner about the petition;

(3) The reason why the exemption is being sought;

(4) The type of package or packaging component for which the exemption is sought and the use thereof;

(5) The heavy metals identified in RSA 149-M:32 that are present in the package or packaging components;

(6) The concentration(s) of the identified heavy metal(s) present in the package or packaging component, and the testing methods used to determine the concentration(s);

(7) If the package or packaging components are necessary in order to comply with health or safety requirements of federal law as specified in RSA 149-M:35, I(b), identification of the federal law(s) together with a copy of the law(s); and

(8) If there is no feasible alternative for reducing the identified heavy metals in the package or packaging components, substantiating information addressing the criteria in Env-Sw 1803.02, including a timetable for ongoing and future efforts to achieve compliance through feasible alternatives to using the identified heavy metals.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3503.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1803.02 Criteria for Petitioned Exemptions {#sec-env-sw-1803.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1803.02}

(a) No petition for an exemption shall be granted unless the petitioner demonstrates to the commissioner either that:

(1) The identified heavy metals present in the package or packaging component are necessary in order to comply with federal health or safety requirements; or

(2) No feasible alternative to the use of the identified heavy metals exists, as “no feasible alternative” is defined in RSA 149-M:35, I(c).

(b) A petitioner shall demonstrate that the identified heavy metals present in the package or packaging component are necessary in order to comply with federal health or safety requirements by providing a copy of the federal requirements together with such additional information as would allow an independent reasonable person to conclude that the metals are necessary.

(c) A petitioner shall demonstrate that no feasible alternative exists to the use of the heavy metal in the package or packaging component by submitting such written materials as would allow an independent reasonable person to conclude that the metals are essential to the protection, safe handling, or functioning of the package’s contents.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3503.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1803.03 Processing of Petition for Exemption {#sec-env-sw-1803.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1803.03}

(a) The department shall notify the petitioner in writing within 5 working days of receiving a petition for exemption that the exemption petition has been received.

(b) The department shall review the exemption petition for completeness within 30 days of receipt.

(c) If the exemption petition is determined to be incomplete, the department shall notify the petitioner within 10 working days of the determination with a specific request for the information needed to complete the application.

(d) If the exemption petition is determined to be complete, the commissioner shall designate staff to review the petition and make a recommendation to grant or deny, within 60 days of designation, based on the criteria specified in Env-Sw 1803.02.

(e) The commissioner shall review the petition, the recommendation, and the criteria specified in Env-Sw 1803.02. If the commissioner determines that the petition meets the criteria, the commissioner shall grant the petition within 30 days of the date it was forwarded, and shall notify the petitioner in writing of the decision.

(f) If the petition is granted, the written notice shall include:

(1) The effective date of the exemption;

(2) The expiration date of the exemption, which shall be the shorter of 2 years or the period requested by the petitioner; and

(3) If the exemption is for 2 years, the deadline for the application for renewal of the exemption, which shall be 90 days prior to the expiration date of the exemption.

(g) The petitioner shall send an annual progress report to the commissioner based on the petitioner’s efforts to come into compliance with RSA 149-M:32-40.

(h) If the commissioner determines that the petition does not meet the criteria, the commissioner shall deny the petition within 30 days of the date it was forwarded, and shall notify the petitioner in writing of the decision and of applicable appeal procedures. The written notice shall state the reason(s) for the denial.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3503.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1804 Renewal of Exemptions

N.H. Code Admin. R. Ann. Env-Sw 1804.01 Request for Renewal of Exemption {#sec-env-sw-1804.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1804.01}

(a) Any manufacturer or supplier seeking a renewal of an exemption received pursuant to Env-Sw 1803.03 shall file a written renewal request at least 90 days prior to the exemption’s expiration date.

(b) The renewal request shall contain:

(1) The information specified in Env-Sw 1803.01(d);

(2) The differences, if any, between the information in the renewal request and the information provided with the original exemption petition; and

(3) For exemption renewals based on there being no feasible alternative to the use of the identified heavy metal, a report on progress in meeting the timetable for achieving compliance that was submitted with the original exemption request.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3504.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1804.02 Criteria for Renewal of Exemption {#sec-env-sw-1804.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1804.02}

Criteria for renewal of exemption shall be as specified in Env-Sw 1803.02.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3504.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1804.03 Processing of Petition for Renewal of Exemption {#sec-env-sw-1804.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1804.03}

The renewal request shall be processed in accordance with Env-Sw 1803.03.

History

• #5768, eff 12-29-93, EXPIRED 12-29-99
• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3504.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 1805 Certificate of Compliance

N.H. Code Admin. R. Ann. Env-Sw 1805.01 Availability of Certificate of Compliance {#sec-env-sw-1805.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1805.01}

(a) Certificates of compliance shall be made available as prescribed by RSA 149-M:36, I.

(b) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component but has sufficient information to prepare the certificate, the supplier shall prepare the certificate based on that information.

(c) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component and does not have sufficient information to prepare the certificate, the supplier shall not be guilty of a failure to provide the certificate if the supplier has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer.

(d) If a purchaser is unable to obtain a certificate of compliance from a manufacturer or supplier of a package or packaging component, the purchaser shall not be liable for failure to retain the certificate as required by RSA 149-M:36, I, if the purchaser has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer or supplier.

(e) Notification under (c) or (d) above shall:

(1) Be in writing; and

(2) Include the following:

a. The name, address, and telephone number of the person filing the notification;

b. The type of package or packaging component for which a certificate cannot be obtained;

c. The name(s) and address(es) and, if available, the telephone number(s) of the manufacturer of the package or packaging component;

d. If the notice is filed pursuant to (d) above, the name(s) and address(es) and, if available, the telephone number(s) of the supplier(s) of the package or packaging component; and

e. A brief summary of the attempts made to obtain the certificate.

(f) No person shall be held responsible for erroneous information in a certificate of compliance if all of the following are true:

(1) The person is not the manufacturer of the package or packaging component;

(2) The person did not prepare the certificate;

(3) The person did not have any reason to believe the information in the certificate was erroneous; and

(4) The person in good faith believed the information in the certificate to be true.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1805.02 Certificate of Compliance Contents {#sec-env-sw-1805.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1805.02}

(a) All certificates of compliance for package or packaging components shall be completed by the manufacturer or supplier and included in the shipment of the package or packaging component to the purchaser.

(b) Each certificate of compliance shall include the following:

(1) Type of package or packaging component;

(2) Company name;

(3) Company address;

(4) Name, signature, and title of authorized official;

(5) Name and position of the individual who can answer questions regarding the composition of the package or packaging component;

(6) Date the certificate of compliance is completed;

(7) Either a statement that there has been no intentional introduction of the identified heavy metals in the package or packaging component, or, for a package or packaging component for which an exemption has been granted under RSA 149-M:35, a statement identifying the applicable exemption which allows the intentional introduction; and

(8) Either a statement that the total concentration of any incidental amounts of the identified heavy metals in the package or packaging component does not exceed the limit established in RSA 149-M:34 or, for a package or packaging component for which an exemption has been granted under RSA 149-M:35, a statement identifying the applicable exemption allowing the exceedance of the limits.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1805.03 Requests for Certificate of Compliance {#sec-env-sw-1805.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1805.03}

(a) Requests for copies of certificates of compliance shall be made in accordance with RSA 149-M:39.

(b) The manufacturer or supplier who receives a request for a certificate of compliance in accordance with RSA 149-M:39 shall provide a copy of the written request to the department with the copy of its response required by RSA 149-M:39.

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 1805.04 Amended Certificate of Compliance {#sec-env-sw-1805.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 1805.04}

(a) Amendments to certificates of compliance shall be made in accordance with RSA 149-M:36, II.

(b) In addition to the information specified in Env-Sw 1804.02, the amended certificate shall include the following:

(1) The previous composition of the package or packaging component;

(2) The reformulation, including the new level of identified heavy metals used; and

(3) Any difference(s) between the grounds for compliance as stated in the original certificate of compliance and the amended certificate of compliance.

Appendix

Rule Sections

State Statute(s) Implemented

Env-Sw 1800

RSA 149-M:7, XIII; RSA 149-M:32-40

History

• #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.04); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 2000 Inspections

Part Env-Sw 2001 Applicability

N.H. Code Admin. R. Ann. Env-Sw 2001.01 Applicability {#sec-env-sw-2001.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2001.01}

All facilities, including permit-exempt facilities, shall be subject to the inspection provisions of this chapter.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3701.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Part Env-Sw 2002 Inspection Procedures

N.H. Code Admin. R. Ann. Env-Sw 2002.01 Right of Inspection {#sec-env-sw-2002.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2002.01}

In order to investigate either actual or suspected sources of potential harm to human health or the environment and to ascertain compliance or non-compliance with the solid waste rules, the department shall:

(a) Inspect any public or private property or premises as authorized by RSA 149-M:6, IV, including collection, storage, transfer, processing, treatment, and disposal facilities;

(b) Gather evidence on existing conditions and procedures;

(c) Obtain representative samples of containers, materials, and wastes;

(d) Conduct tests, analyses, and evaluations;

(e) Photograph containers, tanks, labels, processes, or conditions related to waste collection, storage, transfer, processing, treatment, and disposal;

(f) Inspect or be provided copies of, or both, any pertinent records, reports of information, and test results relating to the requirements of the solid waste rules upon request; and

(g) Obtain any other information as authorized by law.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 2002.02 Credential Presentation {#sec-env-sw-2002.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2002.02}

In conducting an inspection of a facility, department personnel shall, subject to privileges provided for by law, present their identification to, in order of preference, the owner or operator or their representative or to the senior company representative present, if any.

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.02); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

N.H. Code Admin. R. Ann. Env-Sw 2002.03 Inspection Reports {#sec-env-sw-2002.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2002.03}

Upon conducting an inspection of a facility, the department shall, subject to RSA 91-A:

(a) Make a written report listing the conditions found during the inspection;

(b) Keep the report on file at the department; and

(c) Provide a copy of the report to the owner or operator or their agent, if requested.

Appendix

Rule Sections

State Statute(s) Implemented

Env-Sw 2000

RSA 149-M:6, I and IV; RSA 149-M:7, XV

History

• #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 2000); ss by #8459, eff 10-28-05 (formerly Env-Wm 3702.03); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24

Chapter Env-Sw 2100 Management and Control of Asbestos Disposal Sites Not Operated After July 9, 1981

Part Env-Sw 2101 Purpose and Scope

N.H. Code Admin. R. Ann. Env-Sw 2101.01 Purpose {#sec-env-sw-2101.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2101.01}

(a) The purpose of this chapter is to protect public health, safety, and the environment by establishing requirements for managing asbestos disposal sites not regulated under the state solid waste management act, RSA 149-M, and rules adopted pursuant thereto, namely sites where asbestos exists on or in the ground due to dumping activities that ceased prior to July 10, 1981, including but not limited to the many sites in Nashua and Hudson filled with asbestos manufacturing waste from the company then known as the Johns-Manville Corporation.

(b) It is intended that this chapter be used in conjunction with other federal, state, and local requirements for managing and controlling asbestos, including but not limited to:

(1) New Hampshire administrative rules in Env-A 1800 pertaining to licensing contractors and certifying individuals who disturb asbestos at asbestos disposal sites, as adopted by the department pursuant to RSA 141-E;

(2) New Hampshire administrative rules in Env-Sw 901 pertaining to the collection, storage and off-site transfer, processing, treatment, and disposal of asbestos waste, as adopted by the department pursuant to RSA 149-M;

(3) Federal regulations pertaining to occupational safety and health, including regulations established and implemented by:

a. The Occupational Safety and Health Administration in 29 CFR 1910 and 29 CFR 1926; and

b. The U.S. Environmental Protection Agency (USEPA) in 40 CFR 763;

(4) Federal regulations pertaining to transportation of asbestos, including regulations established by the U.S. Department of Transportation in 49 CFR 107 and 49 CFR 171-172; and

(5) Federal regulations pertaining to management of inactive disposal sites for asbestos, including regulations established by the USEPA in 40 CFR 61 or the substitute provisions, if any, approved by the USEPA under 40 CFR 63.93 and identified in 40 CFR 63.99.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3901.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2101.02 Applicability {#sec-env-sw-2101.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2101.02}

(a) This chapter shall apply to asbestos disposal sites as defined by RSA 141-E:2, III and Env-Sw 2102.03.

(b) The asbestos disposal sites identified in (a), above, shall include but not be limited to the many sites in Nashua and Hudson filled prior to July 10, 1981 with asbestos manufacturing waste from the company then known as the Johns-Manville Corporation.

(c) This chapter shall not apply to asbestos abatement activities, as defined in RSA 141-E:2, II, that are subject to the NH administrative rules for asbestos management and control, Env-A 1800, including but not limited to the removal, repair, or encapsulation of asbestos containing materials during demolition or renovation of buildings.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3901.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

Part Env-Sw 2102 Definitions

N.H. Code Admin. R. Ann. Env-Sw 2102.01 Asbestos {#sec-env-sw-2102.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.01}

“Asbestos” means “asbestos” as defined by RSA 141-E:2, I, as reprinted in Appendix C.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.02 Asbestos waste {#sec-env-sw-2102.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.02}

“Asbestos waste” means any asbestos or asbestos-containing material, product, or by-product that is discarded or abandoned.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.03 Asbestos disposal site (ADS) {#sec-env-sw-2102.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.03}

“Asbestos disposal site (ADS)” means “asbestos disposal site” as defined in RSA 141-E:2, III, as reprinted in Appendix C.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.03); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.04 ADS worker identification information {#sec-env-sw-2102.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.04}

“ADS worker identification information” means the certificate number and expiration date of the certificate issued to a certified ADS worker under RSA 141-E:11, and whether the worker is designated as an experienced worker or a worker-in-training as provided in Env-A 1812.08(b).

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.04); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.05 ADS contractor identification information {#sec-env-sw-2102.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.05}

“ADS contractor identification information” means the license number and expiration date of the license issued to a contractor for work at asbestos disposal sites pursuant to RSA 141-E:10, I, and Env-A 1811.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.05); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.06 Certified ADS worker {#sec-env-sw-2102.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.06}

“Certified ADS worker” means an individual who holds a valid ADS worker certificate issued by the department pursuant to RSA 141-E:11 and Env-A 1812. The term includes individuals certified as experienced workers and workers-in-training pursuant to Env-A 1812.08(b).

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.06); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.07 Certificate-exempt work {#sec-env-sw-2102.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.07}

“Certificate-exempt work” means asbestos disposal site work that can be performed, pursuant to Env-A 1812.03, by an individual who is not a certified ADS worker.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.07); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.08 Certificate- required work {#sec-env-sw-2102.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.08}

“Certificate- required work” means asbestos disposal site work that is not certificate-exempt work.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.08); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.09 Contractor {#sec-env-sw-2102.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.09}

“Contractor” means “contractor” as defined in RSA 141-E:2, IV, as reprinted in Appendix C.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.09); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.10 Cover material {#sec-env-sw-2102.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.10}

“Cover material” means non-asbestos-containing material overlying asbestos at an asbestos disposal site. The term includes but is not limited to earth materials such as clean soil or crushed rock, geosynthetics such as geotextiles, concrete, bituminous concrete, and vegetation.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.10); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18 (formerly Env-Sw 2102.04)

N.H. Code Admin. R. Ann. Env-Sw 2102.11 Department {#sec-env-sw-2102.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.11}

“Department” means the New Hampshire department of environmental services.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.11); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18 (formerly Env-Sw 2102.05)

N.H. Code Admin. R. Ann. Env-Sw 2102.12 Emergency project {#sec-env-sw-2102.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.12}

“Emergency project” means an unforeseen major or minor project that is the result of a sudden or unexpected event and must proceed expeditiously in order to protect public health, safety, or the environment. The term does not include work that is extraneous to abating the immediate threat to public health, safety, or the environment.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.12); ss by #9645, eff 2-16-10 (from Env-Sw 2102.13); ss by #12605, eff 9-1-18 (formerly Env-Sw 2102.06)

N.H. Code Admin. R. Ann. Env-Sw 2102.13 Licensed ADS contractor {#sec-env-sw-2102.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.13}

“Licensed ADS contractor” means a contractor who holds a valid ADS contractor license pursuant to RSA 141-E:10 and Env-A 1811.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.13); ss by #9645, eff 2-16-10 (from Env-Sw 2102.14); ss by #12605, eff 9-1-18 (formerly Env-Sw 2102.07)

N.H. Code Admin. R. Ann. Env-Sw 2102.14 License-exempt work {#sec-env-sw-2102.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.14}

“License-exempt work” means asbestos disposal site work that can be performed, pursuant to Env-A 1811.03, by an individual or entity that is not a licensed ADS contractor.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.15 License-required work {#sec-env-sw-2102.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.15}

“License-required work” means work that is not license-exempt work.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.16 Major project {#sec-env-sw-2102.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.16}

“Major project” means any activity at an asbestos disposal site that involves the excavation, removal, exposure, or other disturbance of more than 160 square feet, which is approximately 15 square meters, or 35 cubic feet, which is approximately one cubic meter, of asbestos or any material mixed with or containing asbestos, where the total disturbance involved in a project is measured cumulatively.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.08)

N.H. Code Admin. R. Ann. Env-Sw 2102.17 Minor project {#sec-env-sw-2102.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.17}

“Minor project” means any activity at an asbestos disposal site that involves the excavation, removal, exposure, or other disturbance of asbestos, or any material mixed with or containing asbestos that is not a major project The term does not include a major project divided into smaller segments.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.09)

N.H. Code Admin. R. Ann. Env-Sw 2102.18 Owner {#sec-env-sw-2102.18 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.18}

“Owner” means the owner of record of a parcel of land where there is an asbestos disposal site.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.10)

N.H. Code Admin. R. Ann. Env-Sw 2102.19 Qualified ADS contractor {#sec-env-sw-2102.19 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.19}

“Qualified ADS contractor” means:

(a) A licensed ADS contractor; or

(b) For the performance of license-exempt work that is not undertaken by a licensed ADS contractor, the qualified individual who is in charge of a project at an asbestos disposal site.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.20 Qualified individual {#sec-env-sw-2102.20 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.20}

“Qualified individual” means an individual who:

(a) Is capable of identifying asbestos, asbestos waste at asbestos disposal sites, and asbestos hazards;

(b) Is capable of selecting the appropriate control strategies to prevent the release of asbestos fibers to the environment and human asbestos exposure;

(c) Understands the requirements established in this chapter and the information provided in the document titled “Guidance for Managing Asbestos Disposal Sites”, published by the department in May, 2000;

(d) For license-required work, personally holds a valid ADS contractor license unless doing the work for and under the authority of a licensed ADS contractor pursuant to the exemption in Env-A 1811.03(a);

(e) For certificate-required work or when otherwise required by this chapter, is a certified ADS worker; and

(f) Holds such other licenses, certificates, registrations or other authorizations as are required by applicable federal, state, or local law for the performance of the work or the delivery of services that necessitates the qualifications, for example a license to practice professional engineering, a license to practice land surveying, or a license to install septic systems.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.11)

N.H. Code Admin. R. Ann. Env-Sw 2102.21 Public authority {#sec-env-sw-2102.21 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.21}

“Public authority” means a state or federal agency or a political subdivision.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.22 Utility/transportation project {#sec-env-sw-2102.22 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.22}

“Utility/transportation project” means:

(a) A minor or major project undertaken by a utility company or public authority or pursuant to a contract with a utility company or public authority to install, repair, replace, or decommission a private or public utility system, or portion thereof, at locations where the responsible utility company or public authority holds such rights of access, and includes the installation, repair, replacement, and decommissioning of the following:

(1) Sanitary sewerage, water, or drainage systems, and related appurtenances;

(2) Steam lines and related appurtenances;

(3) Natural gas pipelines and related appurtenances; and

(4) Above-ground or underground electric, telephone, telecommunication cables or other conduits, and related appurtenances;

(b) A minor or major project undertaken by a public authority or pursuant to a contract with a public authority to construct, reconstruct, or repair all or a portion of a public way such as a street, road, or highway; or

(c) A minor or major project undertaken to repair, restore, or remove railroad tracks.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.12)

N.H. Code Admin. R. Ann. Env-Sw 2102.23 Valid ADS contractor license {#sec-env-sw-2102.23 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.23}

“Valid ADS contractor license” means an asbestos disposal contractor license issued pursuant to RSA 141-E:10 and Env-A 1811 that has not expired or been suspended or revoked.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.24 Valid ADS worker certificate {#sec-env-sw-2102.24 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.24}

“Valid ADS worker certificate” means an asbestos disposal worker certificate issued pursuant to RSA 141-E:11 and Env-A 1812 that has not expired or been suspended or revoked.

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2102.25 Visible emission {#sec-env-sw-2102.25 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2102.25}

“Visible emission” means any emission that is visually detectable without the aid of instruments, coming from asbestos waste. The term does not include condensed, uncombined water vapor.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2102.13)

Part Env-Sw 2103 Waivers

N.H. Code Admin. R. Ann. Env-Sw 2103.01 Applicability {#sec-env-sw-2103.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.01}

This part shall apply in lieu of Env-Sw 202 to any person seeking a waiver to a requirement in this chapter.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2103.02 Who May Request a Waiver {#sec-env-sw-2103.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.02}

(a) If the waiver is intended to apply to an asbestos disposal site on a single lot or to a single non-utility/transportation project involving multiple lots that are asbestos disposal sites, then the owner(s) of the lot(s) shall request the waiver.

(b) If the waiver is intended to apply to a utility/transportation project, the utility or public authority responsible for the project shall request the waiver.

(c) For all other waiver requests, including any waiver intended to apply without regard to a specific asbestos disposal site, the person responsible for the work or service to which the waiver would apply shall file the request.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2103.03 Waiver Requests {#sec-env-sw-2103.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.03}

(a) Any person who is or will be responsible for undertaking work at an asbestos disposal site who seeks a waiver to a requirement in this chapter shall submit a waiver request to the department, in writing, as specified in (b) through (e), below, in lieu of the filing requirements in Env-Sw 303.

(b) Prior to or upon submitting the request to the department, the requestor shall provide a copy of the request to:

(1) The local health officer; and

(2) Each affected owner, if the waiver request is being submitted by a utility or public authority pursuant to Env-Sw 2103.02(b) and is specific to an identified asbestos disposal site or project.

(c) Each waiver request shall include the following:

(1) The name, mailing address, email address, and daytime telephone number with area code of the requestor;

(2) Identification of each specific rule the requestor is seeking to have waived; and

(3) For each specific rule identified in (2), above, the following:

a. Identification of the asbestos disposal site(s) to which the waiver is intended to apply, if granted, or a statement that the requested waiver is intended to apply without regard to a specific site;

b. Description of the specific project(s) to which the waiver is intended to apply, if granted, or a statement that the requested waiver is intended to apply without regard to a specific project;

c. The period of time during which the requestor wishes the waiver to be effective;

d. If the waiver is intended to apply to a specific asbestos disposal site, a statement indicating whether the requestor wants the waiver, if granted, to transfer automatically to subsequent owners;

e. A full explanation of why the waiver is being requested, including an explanation of:

1. The economic and operational consequences of complying with the rule as written; and

2. The potential adverse impacts to public health, safety, or the environment of complying with the rule as written, including, for a waiver that is specific to a particular site or project, the impact(s) of having to perform the work, implement the project, or maintain the site in accordance with these rules as written without the waiver;

f. A full explanation, with supporting data, of the alternative(s) the requestor proposes to use in lieu of complying with the rule as written and an explanation of the potential adverse impacts to public health, safety, or the environment of implementing the alternative(s) as compared to having to having to comply with the rules as written;

g. A full explanation of how each of the alternatives proposed pursuant to f., above, is consistent with the purpose and intent of RSA 141-E, this chapter, the alternative control method(s) approved by USEPA if applicable pursuant to Env-Sw 2103.05(e), and is otherwise adequate to protect public health, safety, and the environment; and

h. If the requestor is seeking a waiver for which USEPA approval as specified in Env-Sw 2103.05(e) is required, a copy of the approval issued by the USEPA.

(d) Each request for waiver shall be dated and signed as specified in Env-Sw 2103.04.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.03); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2103.04 Signatures and Certifications {#sec-env-sw-2103.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.04}

(a) Each waiver request shall be dated and signed by the requestor(s) identified pursuant to Env-Sw 2103.02(a), as follows:

(1) If the requestor is an individual or sole proprietorship, the requestor shall sign and date the request; and

(2) If the requestor is other than an individual or sole proprietorship, the individual who has been authorized by the requestor to sign the request on behalf of the requestor shall sign and date the request.

(b) For a waiver request relating to license-exempt or certificate-exempt work to be performed on residential property by the property owner(s), the waiver request shall be signed by each owner of record of the property, provided that if one owner has legal authority to bind one or more other owners, the owner having the authority may sign for such owners and submit a certified copy of the document conferring the authority, such as a power of attorney or guardianship order, with the waiver request.

(c) A signature provided pursuant to (a) or (b), above, shall constitute certification that copies of the request have been provided as required by Env-Sw 2103.03(b).

(d) If the waiver request applies to doing certificate-required work and the qualified ADS contractor is known at the time of the request, the request for waiver also shall be signed and dated by the qualified ADS contractor, as follows:

(1) If the qualified ADS contractor is an individual or sole proprietorship, the individual shall sign and date the request and provide his or her ADS contractor identification information or, if the waiver request applies to doing license-exempt work that is certificate-required work, the individual’s ADS worker identification information; or

(2) If the qualified ADS contractor is other than an individual or sole proprietorship, the individual who has been authorized by the qualified ADS contractor to sign the application on behalf of the entity shall sign and date the request and, if applicable, provide the entity’s ADS contractor identification information.

(e) A signature provided pursuant to (a), (b), or (d), above, shall constitute certification that:

(1) The information being submitted is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Denying the request; or

2. Suspending or revoking any waiver that is granted based on the information; and

b. The signer is subject to the penalties specified in New Hampshire law, currently RSA 641, for falsification in official matters; and

(3) The requestor will comply with any conditions included in the waiver pursuant to Env-Sw 2103.06(a).

History

• #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2103.05 Review; Criteria {#sec-env-sw-2103.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.05}

(a) The department shall review each waiver request within the time frames specified in RSA 541-A:29.

(b) Subject to (c) through (e), below, the department shall grant a waiver if:

(1) Granting a waiver:

a. Is consistent with the purpose and intent of RSA 141-E and this chapter;

b. Will protect the public health, safety, and environment to the same or greater extent than the rule being waived;

c. Does not violate RSA 141-E or any other state or federal requirement for management and control of asbestos, including but not limited to the requirements identified in Env-Sw 2101.01(b); and

d. Is enforceable; and

(2) At least one of the following conditions is satisfied:

a. Strict compliance with the rule as written will result in an adverse effect on the public health, safety, or the environment; or

b. Strict compliance with the rule will provide no benefit to the public and will cause the requestor to experience economic or operational difficulties.

(c) The department shall not grant a waiver to any rule in this chapter that reflects a statutory requirement, including but not limited to:

(1) Env-Sw 2104.02 and Env-Sw 2105.05(a), prohibiting the release of asbestos fibers to the environment; and

(2) Env-Sw 2104.08(a), specifying disclosure requirements.

(d) Subject to (e), below, the department shall not grant a waiver when both (1) and (2), below, are true:

(1) The request is to waive a rule that the USEPA has approved pursuant to 40 CFR 63.93 and identified in 40 CFR 63.99 as a substitute for a rule promulgated under §112 of the federal Clean Air Act; and

(2) The waiver is intended to apply to an asbestos disposal site that was operated by sources covered under 40 CFR 61.142, 40 CFR 61.144, and 40 CFR 61.147, including but not limited to the sites in Nashua and Hudson formerly operated by the entity then known as the Johns-Manville Corporation.

(e) The department shall grant a waiver of a rule that meets the criteria of (d), above, only if the requestor:

(1) First obtains an approval from the USEPA pursuant to 40 CFR 61.151(c) for the alternative control method to be used in lieu of complying with the rule;

(2) Provides a copy of the approval from the USEPA with the waiver request as specified in Env-Sw 2103.03(c)(3)h; and

(3) Meets all other criteria for granting a waiver specified in (b), above.

History

• #12605, eff 9-1-18 (formerly Env-Sw 2103.03)

N.H. Code Admin. R. Ann. Env-Sw 2103.06 Decision; Conditions {#sec-env-sw-2103.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2103.06}

(a) The department shall include such conditions as are needed to ensure compliance with Env-Sw 2103.05(b) in any waiver granted.

(b) The department shall notify the following in writing of the decision to either grant or deny a waiver:

(1) The requestor;

(2) The qualified ADS contractor, if the waiver is site-specific or project-specific and the qualified ADS contractor is known;

(3) The local health officer and any owner(s) the requestor was required to notify pursuant to Env-Sw 2103.03(b); and

(4) The USEPA, if the waiver is for a rule that cannot be waived without having first obtained USEPA approval of the alternative control method, as specified in Env-Sw 2103.05(d) and (e).

(c) If the department denies the waiver, the notice provided pursuant to (b), above, shall:

(1) Clearly state the reason(s) for denial; and

(2) Inform the requestor of the procedures by which the decision can be appealed.

(d) Waivers, when issued, shall include:

(1) The name of the person(s) to whom the waiver is issued;

(2) Identification of the rule(s) being waived;

(3) For a waiver that is specific to a site, project, activity, person, or work plan, or any combination thereof, identification of the specific site, project, activity, person, or work plan, or any combination thereof, to which the waiver applies;

(4) If the waiver is not specific to a particular site, project, activity, person, or work plan, or some combination thereof, a statement to that effect;

(5) The terms and conditions under which the waiver is granted, including provisions for:

a. Transfer if the waiver is site specific and is intended to run with the property;

b. Ensuring compliance with any alternative to be used in lieu of complying with the rule as written; and

c. Ensuring the criteria for the granting of the waiver in Env-Sw 2103.05 are met;

(6) The effective date and expiration date; and

(7) The signature of the department’s commissioner or designee.

(e) In no case shall the waiver of any requirement in this chapter be construed as:

(1) An authorization of any activity that occurred prior to the effective date of the waiver;

(2) An authorization of any activity that does not comply with RSA 141-E and the requirements of this chapter that have not been waived;

(3) A waiver of any obligation to comply with all other applicable federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 2101.01(b);

(4) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals; or

(5) A waiver of any cause of action for violations predating the waiver.

History

• #12605, eff 9-1-18

Part Env-Sw 2104 General Site Management Requirements

N.H. Code Admin. R. Ann. Env-Sw 2104.01 Applicability {#sec-env-sw-2104.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.01}

This part shall apply to managing and controlling asbestos disposal sites.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.02 Release Prohibited {#sec-env-sw-2104.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.02}

(a) As stated in RSA 141-E:21, no person shall cause or allow asbestos fibers to be released to the environment from an asbestos disposal site.

(b) A release to the environment, as specified in (a), above, shall include but not be limited to:

(1) A visible emission;

(2) An uncontained airborne concentration of asbestos fibers that exceeds the ambient concentration;

(3) An off-site discharge of storm water, surface water, or waste water that has been in contact with asbestos, unless the water is filtered and discharged in accordance with Env-Sw 2105.14(c);

(4) The off-site removal of asbestos, unless the asbestos is collected, stored, transferred, and disposed in accordance with Env-Sw 901; and

(5) The off-site removal of individuals, equipment, supplies, clothing, or any other materials or items that have been in contact with asbestos, unless first decontaminated in accordance with Env-Sw 2105.14 or collected, stored, transferred, and disposed in accordance with Env-Sw 901.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.03 Capping System Requirements {#sec-env-sw-2104.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.03}

(a) All asbestos at an asbestos disposal site shall be buried under a capping system that is designed to meet the criteria specified in (b) through (e), below.

(b) The capping system shall be designed and maintained to prevent the asbestos from becoming exposed under the following site-specific conditions and events:

(1) The 100-year, 24-hour storm;

(2) The 100-year flood;

(3) Seasonal frost action;

(4) Erosion due to wind, water, and other factors; and

(5) Site land use and activities.

(c) The capping system shall have cover materials placed in layers, as follows:

(1) Surface cover materials shall be of such type as will eliminate or control erosion, including but not limited to one or more of the following:

a. Riprap, densely packed;

b. Bituminous concrete, free of cracks or openings;

c. Portland cement concrete, free of cracks or openings; and

d. Vegetation that, if up-rooted, will not expose the underlying asbestos layer;

(2) The cover material immediately below the surface cover materials shall be of sufficient character and thickness to support and enhance the long-term effectiveness of the surface cover materials; and

(3) Earthen cover material below the layer described in (2), above, and above the asbestos deposit shall be a free-draining sandy gravel material.

(d) The total combined depth of the cover materials shall be the depth required to meet the performance standards established in (b), above, but in no case shall the combined depth of cover materials be less than 6 inches.

(e) Geosynthetics shall be incorporated in the capping system when necessary to:

(1) Inhibit asbestos from becoming exposed to the ground surface as a result of frost action;

(2) Prevent different layers of cover materials from inter-mixing; or

(3) Create a barrier to warn against digging into the underlying asbestos.

(f) In addition to the cover materials described above, the capping system shall include such structures and features as are needed to fully contain and cover the waste as required by (b), above, such as retaining walls or curbing used to contain the waste and support the cover materials, drainage swales used to intercept and direct storm water away and off from the capping system, and other structures necessary to support the integrity and performance of the capping system.

(g) Nothing stated in (a) through (f), above, shall be construed to waive compliance with other local, state, and federal building codes, construction standards, and other requirements that apply to establishing the capping system and undertaking the type of land uses and activities the capping system is designed to support pursuant to (b)(5), above. To the extent another applicable code conflicts with these rules, the requirement(s) that are more protective of public health, safety, and the environment shall apply, provided that all necessary approvals are obtained as specified in this chapter.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.03); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.04 Activity and Use Restrictions {#sec-env-sw-2104.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.04}

(a) No person shall excavate, remove, expose, or otherwise disturb any asbestos at an asbestos disposal site unless the work is conducted in accordance with the work practices and engineering controls in Env-Sw 2105.

(b) No person shall alter the capping system at an asbestos disposal site, including the cover materials and supporting features required by Env-Sw 2104.03(f), in a manner that causes the capping system to be less effective in meeting the performance criteria specified in Env-Sw 2104.03(b).

(c) Owners shall:

(1) Restrict the use of a site to only those uses and activities that the capping system is designed and maintained to sustain without loss of integrity, as required by Env-Sw 2104.03(b)(5); and

(2) Not allow any person to excavate, remove, expose, or otherwise disturb asbestos at their property except in compliance with this chapter.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.04); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.05 Access Control {#sec-env-sw-2104.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.05}

The owner shall control access to the site as necessary to comply with Env-Sw 2104.04.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.05); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.06 Site Monitoring and Reporting {#sec-env-sw-2104.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.06}

(a) The owner shall monitor the asbestos disposal site to assure that:

(1) All asbestos waste remains covered in accordance with the requirements of this chapter; and

(2) The capping system maintains its integrity relative to meeting the design performance standards in Env-Sw 2104.03(b).

(b) The owner shall promptly report to the local health officer and the department any situation involving either uncovered asbestos waste or a release to the environment as identified in Env-Sw 2104.02(b), or both.

(c) The owner shall promptly report to the local health officer and the department any conditions developing at the site that have the potential to result in either uncovered asbestos waste or a release to the environment as identified in Env-Sw 2104.02(b), or both.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.06); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.07 Site Maintenance {#sec-env-sw-2104.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.07}

Owners shall provide site maintenance as needed to keep the site covered in compliance with Env-Sw 2104.03 and prevent a release to the environment as identified in Env-Sw 2104.02(b).

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.07); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2104.08 Disclosure and Record Keeping {#sec-env-sw-2104.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2104.08}

(a) Owners shall comply with the disclosure requirements specified in RSA 141-E:23, including requirements for:

(1) Recording notice in the chain of title for the property;

(2) Providing notice to tenants, contractors, and other site users;

(3) Providing notice to potential buyers; and

(4) Providing notice to the department following a transfer of title.

(b) Owners shall register sites in accordance with Env-Sw 309 and provide to the department, in writing, other information needed to maintain the registry of sites required by RSA 141-E:3, XVII.

(c) Owners shall keep records or have access to records required to comply with the seller to buyer disclosure requirements in RSA 141-E:23, I(d), including:

(1) A site plan showing the asbestos disposal area and the cover materials;

(2) Site monitoring and maintenance records pursuant to Env-Sw 2104.06 and Env-Sw 2104.07;

(3) Site inspection reports, including reports prepared for inspections conducted pursuant to RSA 141-E:24; and

(4) Project summary information for all major and minor projects undertaken at the site, including, as applicable:

a. A copy of project commencement notices pursuant to Env-Sw 2105.07;

b. Weekly project reports pursuant to Env-Sw 2105.17(a);

c. Project completion reports pursuant to Env-Sw 2105.17(b); and

d. Site clearance determinations and information obtained pursuant to Env-Sw 2105.15.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.08); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

Part Env-Sw 2105 Work Practices and Engineering Controls

N.H. Code Admin. R. Ann. Env-Sw 2105.01 Purpose {#sec-env-sw-2105.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.01}

The purpose of this part is to establish work practices and engineering controls for excavating, removing, exposing, or otherwise disturbing asbestos at an asbestos disposal site to ensure the work is done and sites are managed in a manner that prevents a release as described in Env-Sw 2104.02(b) and otherwise is protective of public health, safety, and the environment.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.02 Applicability {#sec-env-sw-2105.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.02}

The requirements in this part shall apply to all minor and major projects.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.03 Qualified Individuals Required {#sec-env-sw-2105.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.03}

(a) No individual shall excavate, remove, expose, or otherwise disturb asbestos at an asbestos disposal site unless the individual is a qualified individual.

(b) A qualified individual who is certified as a worker-in-training shall perform all certificate-required work under the direct supervision of a qualified individual who holds a valid ADS worker certificate issued with the experienced worker designation.

(c) Any individual who supervises the work of one or more individuals performing certificate-required work shall be a qualified individual who holds a valid ADS worker certificate issued with the experienced worker designation, even when the supervisor is not personally and actively engaged in the actual task of disturbing the asbestos waste.

(d) The work plans required by Env-Sw 2106 shall be prepared and signed by a qualified individual.

(e) The clearance determinations required by Env-Sw 2105.15 shall be performed and signed by a qualified individual who holds a valid ADS worker certificate issued with the experienced worker designation.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.03); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.04 Types of Projects {#sec-env-sw-2105.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.04}

(a) For the purposes of this chapter, work involving the disturbance of asbestos at asbestos disposal sites shall be classified as either a:

(1) Major project, as defined in Env-Sw 2102; or

(2) Minor project, as defined in Env-Sw 2102.

(b) For the purposes of this chapter, each major and minor project shall be further classified as either:

(1) An emergency project, as defined in Env-Sw 2102; or

(2) A non-emergency project.

(c) Any of the project types specified in (a) and (b), above, also shall be further classified as either:

(1) A utility/transportation project, as defined in Env-Sw 2102; or

(2) A non-utility/transportation project.

(d) Any of the projects types specified in (a) through (c), above, also shall be further classified as:

(1) License-exempt work, as defined in Env-Sw 2102, or license-required work as defined in Env-Sw 2102; and

(2) Certificate-exempt work, as defined in Env-Sw 2102, or certificate-required work as defined in Env-Sw 2102.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.04); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.05 General Project Requirements; When Work Plans Required {#sec-env-sw-2105.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.05}

(a) The excavation, removal, exposure, or other disturbance of asbestos at an asbestos disposal site shall be conducted in a manner that:

(1) Is protective of public health, safety, and the environment; and

(2) Does not cause a release of asbestos fibers to the environment, including any release identified in Env-Sw 2104.02.

(b) The excavation, removal, exposure, or other disturbance of asbestos at an asbestos disposal site shall be carried out in conformance with all applicable federal, state, and local requirements pertaining to the management and control of asbestos, including but not limited to the requirements listed in Env-Sw 2101.01(b), as applicable.

(c) Major non-emergency projects involving certificate-required work shall proceed in accordance with a project-specific or generic work plan prepared and approved pursuant to Env-Sw 2106.

(d) For any project that is subject to the work plan requirement cited in (c), above, the qualified individual shall maintain a copy of the approved work plan at the work site for the duration of the project, for reference by workers and for inspection by the department and the local health officer on request.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.05); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.06 Factors to Consider {#sec-env-sw-2105.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.06}

The following site-specific factors shall be considered when determining the appropriate engineering controls, work practices, and equipment needed to comply with this part and when preparing work plans in accordance with Env-Sw 2106:

(a) Pathways by which asbestos fibers could be released from the site to the environment, including but not limited to releases to air and surface water, and releases off-site by contaminated persons or equipment leaving the site;

(b) Number and proximity of human receptors;

(c) Prevailing wind direction;

(d) Weather and seasonal conditions, including but not limited to frozen ground and flooding;

(e) Project duration;

(f) Quantity and area of asbestos being disturbed;

(g) Nature of the asbestos being disturbed, including:

(1) Whether it is friable or non-friable; and

(2) If non-friable, whether it has the potential to become friable when disturbed;

(h) Vertical and lateral limits of the asbestos disposal site;

(i) Depth and type of cover materials;

(j) Existing site features, including but not limited to:

(1) Surface topography;

(2) Property lines, rights-of-way, and easements;

(3) Surface waters and wetlands;

(4) Roadways, driveways and parking areas;

(5) Buildings and other structures;

(6) Above-ground and below-ground utilities; and

(7) Above-ground and below-ground storage tanks;

(k) Slope stability;

(l) Load bearing capacity of the site;

(m) Visibility and illumination;

(n) Site accessibility;

(o) Site history information; and

(p) Site assessment and characterization information, and degree of confidence that the information is both complete and accurate.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.06); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.07 Project Notice Requirements {#sec-env-sw-2105.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.07}

(a) Except as provided in (b) and (c), below, the owner shall notify the following persons, as specified in (d) below, about the commencement of work:

(1) The local health officer;

(2) The department’s division of air resources; and

(3) For major projects only, the department’s division of waste management.

(b) In the case of a utility/transportation project, the responsible utility company or public authority shall notify the following persons in writing about the commencement of work:

(1) The local health officer;

(2) The owners of properties that will be disturbed by the project or, where the project will occur on land owned by the public utility or public authority, owners of properties abutting such property;

(3) The department’s division of air resources; and

(4) For major projects only, the department’s division of waste management.

(c) No notice shall be required for projects involving certificate-exempt work only.

(d) Notice required by this section shall be provided according to the following schedule:

(1) If the project is an emergency project, notice shall be provided by speaking to the individual being notified in person or by telephone as soon as practicable under the circumstances and written confirmation shall be provided within 48 hours of commencing the project;

(2) If the project is a minor non-emergency project, notice shall be provided by speaking to the individual being notified in person or by telephone prior to doing the work or, in the case of an unexpected disturbance, as soon as practicable after the person doing the work knows or should have known the work involves asbestos and written confirmation shall be provided within 48 hours following project commencement; and

(3) If the project is a major non-emergency project that is subject to the work plan requirements in Env-Sw 2106, written notice shall be provided as specified in the work plan approval issued pursuant to Env-Sw 2106.

(e) Notice transmitted via e-mail or fax shall constitute a form of written notice.

(f) Notice provided pursuant to this section shall include the following information:

(1) Project location;

(2) The name, mailing address, email address, and daytime telephone number including area code of:

a. The owner, if the owner is initiating and undertaking the project; or

b. The entity, individual, utility, or public authority responsible for initiating and undertaking the project;

(3) The qualified ADS contractor’s name, mailing address, daytime telephone number including area code, email address, and ADS contractor identification information, if the contractor holds a valid ADS contractor license;

(4) The name, mailing address, daytime telephone number including area code, and ADS worker identification information of the qualified individual who will be in charge of the work for the qualified ADS contractor;

(5) If the work that involves the disturbance of asbestos is license-exempt work, the following:

a. A statement that a licensed ADS contractor is not required, with a citation to the applicable provision in Env-A 1811.03; and

b. The name, mailing address, daytime telephone number including area code, and email address of the qualified individual who will be in charge of the work, and the qualified individual’s ADS worker identification information;

(6) Project schedule, including the starting and completion dates;

(7) Reason for disturbing the asbestos and a general description of the project;

(8) If the project is subject to the work plan requirements in Env-Sw 2106, the date the work plan was approved by the department and whether it is a project-specific or generic work plan; and

(9) If the project will be conducted under a generic work plan approval, the date it was approved and a statement signed by the qualified ADS contractor identified pursuant to (3) or for license-exempt work, the qualified individual pursuant to (4), above, that the work plan is up to date with the requirements of RSA 141-E and this chapter and is relevant to the planned work.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.07); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.08 Site Preparation {#sec-env-sw-2105.08 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.08}

Prior to commencing a minor or major project, a qualified individual shall prepare the site so that the work can be executed in accordance with the approved work plan, if applicable, and all other requirements of this chapter.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.08); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.09 Site Work Zones {#sec-env-sw-2105.09 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.09}

(a) To reduce the potential for asbestos fibers to be released to the environment by persons and equipment leaving a major or minor project site, site work zones shall be established and delineated to:

(1) Separate clean operations from contaminated operations; and

(2) Control the flow of personnel and equipment between such operations.

(b) The site work zones required to comply with (a), above, shall be established and maintained in accordance with the provisions for site control provided in Chapter 9 of the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, NIOSH publication No. 85-115, available as noted in Appendix B.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.09); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.10 Access Control and Site Security {#sec-env-sw-2105.10 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.10}

(a) Access control and site security shall be provided as necessary to:

(1) Prevent unauthorized persons and unprotected persons from being exposed to site hazards;

(2) Reduce the potential for vandalism or unlawful dumping of other wastes at the project site;

(3) Reduce the potential for neighborhood pets and other animals to enter the project site and traverse contaminated areas; and

(4) Avoid interference with safe working procedures.

(b) Access control and site security shall include displaying a warning sign in such manner and location that a person can easily read the legend, including the following information:

(1) Asbestos work in progress; and

(2) Authorized persons only.

(c) Site security and access control pursuant to (a) and (b), above, shall be provided during both working and non-working hours.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.10); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.11 Excavation or Other Disturbance {#sec-env-sw-2105.11 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.11}

(a) The area of excavation, removal, exposure, or other disturbance of asbestos waste at an asbestos disposal site shall be confined to the smallest area practicable.

(b) Wet methods, or wetting agents, shall be used to prevent the airborne release of asbestos fibers during a major or minor project.

(c) All asbestos being removed from a site shall be managed in accordance with Env-Sw 901.

(d) The excavation, removal, exposure, or other disturbance of asbestos waste at an asbestos disposal site shall not result in increasing the size of the disposal area.

(e) Upon completion of the excavation, removal, exposure, or other disturbance activity, cover materials shall be placed in conformance with Env-Sw 2104.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.11); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.12 Personal Protective Equipment {#sec-env-sw-2105.12 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.12}

No individual shall enter or be in a contaminated work area unless the individual uses personal protective equipment in conformance with the personal protective equipment requirements for asbestos workers established by the Occupational Safety and Health Administration in 29 CFR 1910 and 29 CFR 1926.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.12); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.13 Air Monitoring {#sec-env-sw-2105.13 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.13}

Air monitoring shall be provided in accordance with 29 CFR 1910, 29 CFR 1926; 40 CFR 763, and the approved work plan, as applicable.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.13); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.14 Decontamination of Personnel and Equipment {#sec-env-sw-2105.14 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.14}

(a) All personnel, equipment, supplies, and materials situated within a contaminated work zone established pursuant to Env-Sw 2105.09 shall be decontaminated prior to being removed to a clean zone established pursuant to Env-Sw 2105.09.

(b) Decontamination shall be achieved by removing all asbestos contamination from the personnel, equipment, supplies, and materials in accordance with the decontamination methods and procedures set forth in Chapter 10 of the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, NIOSH publication No. 85-115, available at no cost as noted in Appendix B.

(c) Waste water from decontamination procedures shall be either:

(1) Discharged to the ground at the project site within a portion of the open excavation area that is already asbestos contaminated and in such a manner as not to become surface run-off; or

(2) Discharged off-site in accordance with applicable local, state, and federal waste water discharge requirements, after being filtered through progressively smaller filters ending with a filter with openings no larger than 5 microns.

(d) Filters used pursuant to (c), above, shall be handled and disposed as asbestos waste in accordance with Env-Sw 901.

(e) Care shall be taken during the decontamination process to avoid cross contamination of equipment, personnel, or materials.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.14); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.15 Clearance Determination {#sec-env-sw-2105.15 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.15}

(a) Following completion of any major or minor project that includes certificate-required work, and before allowing normal use of the site to resume, a qualified individual holding a valid ADS worker certificate issued with the experienced worker designation shall make a site clearance determination in accordance with (b), below.

(b) A site clearance determination shall not be made unless the qualified individual determines that all of the following statements are true:

(1) All excavated, removed, exposed, or other disturbed asbestos either:

a. Has been removed from the site in accordance with Env-Sw 901; or

b. Is covered in accordance with Env-Sw 2104.03;

(2) No asbestos-contaminated equipment, materials, clothing, or other supplies remain at the site; and

(3) It is safe to resume use of the site in a manner consistent with Env-Sw 2104.04.

(c) The qualified individual who made the site clearance determination shall provide a written copy of the clearance determination with a copy of the individual’s ADS certificate, signed and certified as provided in (d), below, to the following persons:

(1) The qualified ADS contractor that implemented the project;

(2) For non-utility/transportation projects, the owner for use as required by Env-Sw 2104.08(c)(4); or

(3) For utility/transportation projects, the utility company or public authority, as applicable, to be placed in the project record maintained by the utility company or public authority and made accessible to owners when requested to satisfy the disclosure requirements of Env-Sw 2104.08(c).

(d) The signature provided pursuant to (c), above, shall:

(1) Constitute certification that:

a. The individual holds a valid ADS worker certificate with the experienced worker designation; and

b. The information provided in the clearance report is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(2) Subject the signer to penalties for falsification in official matters, currently in RSA 641.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.15); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.16 Project Recordkeeping and Reporting {#sec-env-sw-2105.16 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.16}

(a) Activities involving the excavation or other disturbance of asbestos at an asbestos disposal site shall be documented and records thereof shall be maintained by the owner as specified in Env-Sw 2104.08(c).

(b) Waste shipment records shall be maintained in accordance with 40 CFR 61 and 49 CFR 171-172, as applicable.

(c) Within 60 days after completion of a project that changes either the lateral limits of the disposal area, the depth of the disposal area, or any aspects of the capping system, including but not limited to the type or thickness of cover materials and structures and features required by Env-Sw 2104.03(f), the owner or, in the case of a utility/transportation project, the utility company or public authority, shall submit to the department as-built drawings that:

(1) Show the new configuration of the disposal area and capping system, including the boundaries, the cover materials, and all other capping system design features; and

(2) Bear the stamp of a professional engineer licensed in New Hampshire, when required pursuant to RSA 310-A:18, with certification either that the altered capping system complies with Env-Sw 2104.03 or that the capping system requirements in Env-Sw 2104.03 no longer apply to the site because all asbestos has been removed from the site.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.16); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2105.17 Additional Reporting Requirements for Major Projects {#sec-env-sw-2105.17 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2105.17}

(a) During a major project taking longer than 2 weeks to complete, the qualified ADS contractor and owner or, in the case of a utility/transportation project, the qualified ADS contractor and the utility company or public authority, shall submit the following in writing to the department and the local health officer no later than the close of business on the second business day following the end of the reporting week:

(1) Weekly progress reports; and

(2) Notice of any schedule adjustments for the balance of the project.

(b) Within 60 days after a major project is completed, the qualified ADS contractor and owner or, in the case of a utility/transportation project, the qualified ADS contractor and the utility company or public authority, shall sign and submit a written project completion report to the department and the local health officer.

(c) The signature provided pursuant to (b), above, shall:

(1) Constitute certification that:

a. The signer has been duly authorized to sign the project completion report; and

b. The information provided in the report is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(2) Subject the signer to penalties for falsification in official matters, currently in RSA 641.

(d) The report required by (b), above, shall include:

(1) The name, mailing address, email address, and daytime telephone number including area code of:

a. The owner or in the case of a utility/transportation project, the utility or public authority;

b. The qualified ADS contractor, and if the contractor is licensed under RSA 141-E:10, the relevant ADS contractor identification information; and

c. The qualified individual who was in charge of the work, and the individual’s ADS worker identification information;

(2) The location of the project site;

(3) The date the project commenced and the date it was completed;

(4) A brief narrative description of the work undertaken, including a description and explanation of any deviation from the applicable approved work plan and any unexpected events;

(5) For any asbestos removed from the site, a copy of the waste shipment records pursuant to 40 CFR 61 and 49 CFR 171 - 172, as applicable;

(6) A brief narrative description of site conditions following completion;

(7) As-built drawings of the completed work that conform to Env-Sw 2105.16(c);

(8) A summary of the air monitoring results obtained pursuant to Env-Sw 2105.13;

(9) A copy of the site clearance determination pursuant to Env-Sw 2105.15; and

(10) A statement, signed and dated by the qualified ADS contractor as specified in (e), below, certifying that:

a. The information submitted in the report is correct and complete;

b. The required work was completed in conformance with the approved work plan, except as noted pursuant to (b)(4), above, and the requirements of this chapter; and

c. In order to facilitate compliance with RSA 141-E:23, I(d), either:

1. The owner has been provided a copy of the project completion report and has access to the air monitoring laboratory results and related data that is the basis of the summary provided pursuant to (8), above; or

2. In the case of a utility/transportation project, the owner has been notified that a copy of the project completion report and the air monitoring laboratory results and related data that is the basis of the summary provided pursuant to (8), above, is available from the utility company or public authority, by request as needed to comply with Env-Sw 2104.08(c).

(e) The person signing the report pursuant to (d)(10), above, shall be as follows:

(1) If the qualified ADS contractor is an individual or sole proprietorship, that individual shall sign and date the report; and

(2) If the qualified ADS contractor is other than an individual or sole proprietorship, the individual who has been authorized by the qualified ADS contractor to sign the report on behalf of the qualified ADS contractor shall sign and date the report.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.17); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

Part Env-Sw 2106 Work Plans for Major Non-Emergency Projects

N.H. Code Admin. R. Ann. Env-Sw 2106.01 Applicability {#sec-env-sw-2106.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.01}

This part shall apply to work plans for major non-emergency projects that include any certificate-required work.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.02 Work Plans Required {#sec-env-sw-2106.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.02}

(a) No person shall undertake a major non-emergency project that includes certificate-required work except in accordance with a written work plan prepared and approved in accordance with this part.

(b) Work plans shall be:

(1) Prepared in writing by a qualified individual;

(2) Stamped by a registered professional engineer in New Hampshire when required by RSA 310-A;

(3) Submitted to the department for approval by the applicants identified in (d), below; and

(4) Concurrently submitted to the local health officer.

(c) Work plans shall provide sufficient detail to allow qualified individuals to implement the plan and complete the proposed work tasks in compliance with the work practices and engineering controls specified in Env-Sw 2105, all other requirements in this chapter, and RSA 141-E without further explanation or guidance.

(d) The applicant for work plan approval shall be as follows:

(1) For a project-specific work plan for a non-utility/transportation project, the owner and the qualified ADS contractor, if known at the time the plan is prepared for submittal;

(2) For a project-specific work plan for a utility/transportation project, the applicable utility company or public authority and the qualified ADS contractor, if known at the time the plan is prepared for submittal; or

(3) For a generic work plan, the owner, qualified ADS contractor, utility company, public authority, or other entity or individual who will be authorized to use the work plan if it is approved.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.03 Types of Work Plans {#sec-env-sw-2106.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.03}

(a) There shall be 2 basic types of work plans, as follows:

(1) Project-specific work plans, developed for the performance of work involving a discrete project at a discrete time and place; and

(2) Generic work plans, developed for the performance of recurrent types of work that will be undertaken at indeterminate times and places, including but not limited to utility/transportation projects.

(b) A project-specific work plan shall be used to establish the work procedures to be used by persons disturbing asbestos at a specific asbestos disposal site during a project that is planned in advance of the work actually taking place.

(c) A generic work plan shall be used to establish the work procedures to be used by persons disturbing asbestos during projects that are routinely undertaken by the responsible party at various locations and at various times not specifically known at the time the plan is prepared.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.03); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.04 Project-Specific Work Plans; Content {#sec-env-sw-2106.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.04}

A project-specific work plan shall include:

(a) Name, mailing address, email address, daytime telephone number including area code, and credentials of the qualified individual who prepared the plan;

(b) Project location and name, mailing address, email address, and daytime telephone number including area code of each owner;

(c) Name, mailing address, email address, and daytime telephone number including area code of the entity or individual responsible for initiating and undertaking the project, if not the owner(s);

(d) Project schedule, including the anticipated starting date and completion date;

(e) For work plans that include license-required work, the name, mailing address, email address, daytime telephone number including area code, and ADS contractor identification information of the qualified ADS contractor, if known at the time the work plan is submitted;

(f) If the work plan includes license-exempt work only and will not be done by a licensed ADS contractor, a statement to that effect;

(g) If known, the name, mailing address, email address, telephone number including area code, and ADS worker identification information of the qualified individual who will be in charge of the work;

(h) A description of the work to be undertaken, including:

(1) The reason for undertaking the work;

(2) Quantity of asbestos to be disturbed;

(3) Type and general description of asbestos to be disturbed;

(4) Sequence of tasks, starting with site preparation pursuant to Env-Sw 2105.08 and ending with the site clearance determination required by Env-Sw 2105.15;

(5) A description of the procedures and equipment to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the asbestos waste, including the methods and procedures by which the work practices and engineering controls in Env-Sw 2105 will be met; and

(6) The location of any temporary storage site and the final disposal site for asbestos excavated or otherwise removed from the site;

(i) A scaled plan of the site showing the existing site features and the proposed work area;

(j) A scaled plan and related specifications showing the proposed conditions of the site following completion of the work, including information that demonstrates the proposed post-project conditions comply with the cover requirements in Env-Sw 2104.03;

(k) Provisions for providing project commencement notice pursuant to Env-Sw 2105.07;

(l) A list and status of all other local, state, or federal permits and other approvals required to implement the plan;

(m) A statement, signed by the qualified individual who prepared the plan, certifying that the plan meets all applicable local, state, and federal requirements for management of asbestos, including but not limited to the requirements listed in Env-Sw 2101.01(b), as applicable, and this chapter; and

(n) A signed statement by the applicant, certifying acceptance of the proposed work plan.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.04); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.05 Generic Work Plans; Content {#sec-env-sw-2106.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.05}

A generic work plan for major non-emergency projects shall include:

(a) Name, mailing address, email address, daytime telephone number including area code, and credentials of the qualified individual who prepared the plan;

(b) Name, mailing address, email address, and daytime telephone number including area code of the owner, qualified ADS contractor, utility company, public authority, or other entity or individual who will be authorized to use the work plan, if it is approved;

(c) For work plans applicable to license-required work, and if known and different than (b), above, the name, mailing address, email address, daytime telephone number including area code, and ADS contractor identification information of the qualified ADS contractor who will be implementing the plan;

(d) If known and different than (b) above, the name, mailing address, email address, daytime telephone number including area code, and ADS worker identification information of the qualified individual who will be in charge of the work conducted under the plan;

(e) A description of the work to be undertaken, including:

(1) The type and scope of work that the plan is designed to address, for example trenching for underground utility installation and repair, digging holes to install fencing or utility poles, excavating to construct foundations, retaining walls, or curbing, or placing capping materials over exposed asbestos;

(2) The sequence of tasks, starting with site preparation pursuant to Env-Sw 2105.08 and ending with the site clearance determination required by Env-Sw 2105.15;

(3) A description of the procedures and equipment to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the asbestos waste, including the methods and procedures by which the work practices and engineering controls in Env-Sw 2105 will be met; and

(4) The location of any temporary storage site and the final disposal site for asbestos excavated or otherwise removed from the site;

(f) A description of how the site will be left following completion of the work, including related drawings of the capping system, including the replacement cover materials and supporting infrastructure in conformance with Env-Sw 2104.03;

(g) Provisions for providing project commencement notice pursuant to Env-Sw 2105.07;

(h) If the entity or individual named pursuant to (b), above, is not the owner, a statement indicating how the project records will be made available to the owner to facilitate compliance with RSA 141-E:23, I(d) and Env-Sw 2104.08(c);

(i) A list and status of all other local, state, or federal permits and other approvals required to implement the plan, to the extent known;

(j) A statement, signed by the qualified individual who prepared the plan, certifying that the plan meets all applicable local, state, and federal requirements for management of asbestos, including but not limited to the requirements listed in Env-Sw 2101.01(b), as applicable, and these rules; and

(k) A statement, signed by the applicant certifying acceptance of the proposed work plan.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.05); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.06 Work Plan Submittal, Review, and Approval {#sec-env-sw-2106.06 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.06}

(a) The applicant for work plan approval shall be as specified in Env-Sw 2106.02(d).

(b) The applicant shall submit one paper copy and one electronic copy of the proposed work plan to the department with a signed cover letter that:

(1) Clearly identifies the applicant’s name, mailing address, email address, and daytime telephone number including area code; and

(2) Certifies that a copy of the application is being submitted concurrently to the local health officer.

(c) The department shall review a proposed work plan in accordance with RSA 541-A:29.

(d) Subject to (e), below, if the department determines that the work plan does not satisfy the work practices and engineering controls in Env-Sw 2105, the work plan clarity and specificity requirements in Env-Sw 2106.02(b), other requirements in this chapter, or RSA 141-E, the department shall so notify the applicant and provide an opportunity for the applicant to correct the deficiencies.

(e) If no deficiencies are noted or the deficiencies are correctable by issuing a conditional approval, the department shall approve the work plan with or without conditions as appropriate and so notify the applicant in writing.

(f) The department shall provide a copy of the work plan approval to the local health officer.

(g) Work plan approval shall not be construed in any way as:

(1) An authorization of any activity that occurred prior to the effective date of the approval;

(2) An authorization of any activity that does not comply with the requirements of RSA 141-E or this chapter that have not been waived pursuant to Env-Sw 2103;

(3) An authorization of any activity that is not in compliance with other applicable federal, state, or local requirements, including the requirements identified in Env-Sw 2101.01(b);

(4) A waiver of any cause of action for violations predating approval; or

(5) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals for the proposed activities.

(h) Approval of a work plan shall not be construed so as to allow non-compliance with any other applicable federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 2101.01(b).

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.06); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2106.07 Obligation to Update Generic Work Plans {#sec-env-sw-2106.07 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2106.07}

(a) The individual or entity who obtains approval of a generic work plan shall ensure that the work plan remains relevant and in compliance with current requirements.

(b) If a generic work plan is no longer relevant or does not comply with current requirements, or both, the individual or entity who obtained approval of the plan shall discontinue any work being done under the plan and either:

(1) Prior to undertaking any additional work that would be covered by the plan, submit and obtain approval for a plan that meets current requirements and contains all information required by Env-Sw 2106.05; or

(2) Notify the department that no future work will be conducted under the work plan and voluntarily surrender the approval.

History

• #12605, eff 9-1-18

Part Env-Sw 2107 Suspension and Revocation

N.H. Code Admin. R. Ann. Env-Sw 2107.01 Procedure {#sec-env-sw-2107.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2107.01}

(a) Revocation or suspension of any approval issued pursuant to this chapter shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 that apply to adjudicative proceedings.

(b) The department shall revoke an approval if:

(1) Good cause as described in Env-Sw 2107.02 exists; and

(2) There are no circumstances under which the holder of the approval can correct or eliminate the underlying problem.

(c) The department shall suspend an approval if:

(1) Good cause as described in Env-Sw 2107.02 exists; and

(2) Given time to do so, the holder of the approval can correct or eliminate the underlying problem.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3907.01); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

N.H. Code Admin. R. Ann. Env-Sw 2107.02 Good Cause {#sec-env-sw-2107.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2107.02}

The following shall constitute good cause to suspend or revoke an approval issued pursuant to this chapter:

(a) The approval was issued based on false, incomplete, or misleading information and the approval would not have been issued if true, complete, and not misleading information had been provided;

(b) The terms and conditions of the approval are not being met; or

(c) The approved activity, once implemented, fails to meet the criteria for having issued the approval.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Sections

Statute(s) Being Implemented

Env-Sw 2100 (see also specific part listed below)

RSA 141-E:21-24

Env-Sw 2103

RSA 541-A:22, IV

Appendix B: Documents Incorporated by Reference

Rule

Title (Date)

Obtain at:

Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, NIOSH publication No. 85-115, (1985)

U.S. Department of Labor

Occupational Safety & Health Admin.

Download at no charge from:

https://www.osha.gov/Publications/complinks/OSHG-HazWaste/4agency.html

OR

https://www.cdc.gov/niosh/docs/85-115/pdfs/85-115.pdf?id=10.26616/NIOSHPUB85115

Env-Sw 2105.09(b)

Chapter 9

Env-Sw 2105.14(b)

Chapter 10

Appendix C: Statutory Definitions

RSA 141-E:2

I. “Asbestos'” means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.

III. “Asbestos disposal site'” means land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981. The term includes inactive disposal sites as defined by 40 CFR 61.141. The term does not include any disposal site which is subject to the permitting requirements of RSA 149-M.

IV. “Contractor'” means any partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement activities and/or activities involving the disturbance of asbestos at asbestos disposal sites.

History

• #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3907.02); ss by #9645, eff 2-16-10; ss by #12605, eff 9-1-18

Chapter Env-Sw 2200 Solid Waste Management Fund

Part Env-Sw 2201 Solid Waste Management Fund: Purpose and Definitions

N.H. Code Admin. R. Ann. Env-Sw 2201.01 Purpose {#sec-env-sw-2201.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2201.01}

The purpose of this chapter is to implement the rulemaking authority pursuant to RSA 149-R:6 pertaining to the solid waste disposal surcharge, reporting requirements, matching grants, interest rates for late payment, and payments to New Hampshire municipalities, pursuant to RSA 149-R:4, II.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2201.02 Definitions {#sec-env-sw-2201.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2201.02}

For purposes of this chapter, the following definitions shall apply:

(a) “Department” means “department” as defined in RSA 149-R:2, II;

(b) “Disposal facility” means a facility that holds a permit issued pursuant to RSA 149-M for a New Hampshire landfill, incinerator, or waste-to-energy facility;

(c) “Fund” means “fund” as defined in RSA 149-R:2, III; and

(d) “Surcharge” means the solid waste disposal surcharge established pursuant to RSA 149-R:5.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2202 Solid Waste Disposal Surcharge

N.H. Code Admin. R. Ann. Env-Sw 2202.01 Applicability {#sec-env-sw-2202.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2202.01}

The rules in this part shall apply to disposal facilities required to collect the surcharge from customers pursuant to RSA 149-R:5, I and II.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2202.02 Surcharge Collection, Remittance, and Reporting. {#sec-env-sw-2202.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2202.02}

(a) A disposal facility shall collect the surcharge upon receipt of solid waste for disposal from its customers, in the amount established in RSA 149-R:5.

(b) A disposal facility shall remit to the department payment corresponding to the amount of solid waste subject to the surcharge, and received by the facility, according to the following schedule:

(1) For the 1st quarter of each calendar year, on or before April 30 of that year;

(2) For the 2nd quarter of each calendar year, on or before July 30 of that year;

(3) For the 3rd quarter of each calendar year, on or before October 30 of that year; and

(4) For the 4th quarter of each calendar year, on or before January 30 of the following year.

(c) With the surcharge payment, a disposal facility shall:

(1) Complete and submit form NHDES-S-05-032, the “Solid Waste Disposal Facility Certified Report Form”, effective July 2026 available at: https://onlineforms.nh.gov/?FormTag=NHDES-S-05-032 for each full or partial calendar quarter the facility is in operation;

(2) Certify that the information provided in the certified report is true, complete, and not misleading to the best of their knowledge and belief; and

(3) Certify that the person completing the form has been duly authorized by the permittee to make these declarations.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2202.03 Late Remittance of Surcharge {#sec-env-sw-2202.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2202.03}

A disposal facility that fails to remit quarterly payment of the surcharges by the due date established in Env-Sw 2202.02(b) shall pay, in addition to the surcharge, interest on any unpaid surcharge to the department, at the rate of 10%, compounded daily.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2202.04 Recordkeeping {#sec-env-sw-2202.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2202.04}

(a) A disposal facility shall maintain the following records for at least 5 years from the date the record was produced:

(1) Accurate and complete records detailing the type and quantity of solid waste disposed during each calendar quarter; and

(2) A copy of all records used to calculate each quarterly surcharge payment, including waste receipts.

(b) A disposal facility shall provide copies of all records specified in (a) above to the department within 15 days of request.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2203 Solid Waste Disposal Surcharge Reimbursement

N.H. Code Admin. R. Ann. Env-Sw 2203.01 Applicability {#sec-env-sw-2203.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2203.01}

The rules in this part shall apply to offset payment reimbursements of the surcharge to municipalities, pursuant to RSA 149-R:4, II.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2203.02 Definitions {#sec-env-sw-2203.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2203.02}

For purposes of this part, the following definitions shall apply:

(a) “Municipality” means “municipality” as defined in RSA 33:1, I, namely “a town, city, school district or village district.”; and

(b) “Reimbursement” means money paid from the fund to a municipality to offset a surcharge paid by that municipality.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2203.03 Requests for Reimbursement {#sec-env-sw-2203.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2203.03}

(a) A municipality may request reimbursement from the fund of the surcharge the municipality paid to dispose of solid waste at a disposal facility.

(b) A municipality may submit a request for reimbursement to the department at least 90 days but within one year of the end of the calendar quarter in which the municipality paid the surcharge.

(c) The reimbursement amount shall not exceed the amount of the surcharge paid by the municipality.

(d) A municipality seeking reimbursement shall:

(1) Complete and submit form NHDES-S-05-033, “Request for Reimbursement of Solid Waste Disposal Surcharge Paid by Municipality”, effective July 2026 available at: https://onlineforms.nh.gov/?FormTag=NHDES-S-05-033, for each calendar quarter the municipality paid the surcharge; and

a. Certify that the information provided in the request for reimbursement is true, complete, and not misleading to the best of their knowledge and belief; and

b. Certify that the person completing the form has been duly authorized by the municipality to make these declarations; and

(2) Submit copies of solid waste invoices, documenting the amount of solid waste disposed, in tons, and demonstrating the surcharge paid during the calendar quarter.

(e) If the department denies a reimbursement request or approves a reimbursement request for less than the requested amount, the municipality may resubmit the reimbursement request with additional information, for reconsideration, including an explanation of the basis of the resubmittal.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2203.04 Reimbursement Request Review Procedures {#sec-env-sw-2203.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2203.04}

(a) The department shall not approve a reimbursement request without receiving the information required in Env-Sw 2203.03(d).

(b) Within 30 days of receipt of a complete reimbursement request, the department shall determine the amount of reimbursement to be made.

(c) Reimbursement shall be equal to the amount of surcharge the municipality paid, as demonstrated by the records provided pursuant to Env-Sw 2203.03(d)(2).

(d) The department shall issue a notice of reimbursement, and payment, to the municipality within 15 days of the reimbursement determination.

(e) If the reimbursement amount is less than the requested amount, the department shall indicate the reasons for a reduction in payment or non-payment on the notice of reimbursement.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2203.05 Recordkeeping {#sec-env-sw-2203.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2203.05}

Municipalities shall:

(a) Keep a complete copy of each reimbursement request with the records required by Env-Sw 2203.03(d)(2) for at least 5 years from the date of reimbursement request submittal; and

(b) Provide copies of all records specified in (a) above to the department within 15 days of request.

History

• #14422, INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2204 Waste Reduction and Diversion Grant Program: Purpose and Definitions

N.H. Code Admin. R. Ann. Env-Sw 2204.01 Purpose {#sec-env-sw-2204.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2204.01}

The purpose of the rules in parts Env-Sw 2204 through Env-Sw 2207 is to implement RSA 149-R:4, III. Rules set forth in these parts establish procedures for administering a competitive grant program in support of projects and programs that will:

(a) Provide a demonstrated, significant improvement in waste diversion methods; and

(b) Contribute to a reduction of wastes, including hazardous wastes, that require disposal.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2204.02 Definitions {#sec-env-sw-2204.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2204.02}

For the purposes of parts Env-Sw 2204 through Env-Sw 2207, the following definitions shall apply:

(a) “Business” means any corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization registered to do business with the New Hampshire secretary of state;

(b) “Disbursement” means a transfer of funds from the fund to a recipient;

(c) “Eligible costs” means that portion of the costs of projects that qualify for grant funding under RSA 149-R:4, III;

(d) “Grant agreement” means the financial assistance agreement between the state and a recipient through which the state agrees to provide grant funds approved by the department from the fund to the recipient and the recipient agrees to use the grant funds as specified in its application, as approved by the department;

(e) “Private entity” means a for profit or not for profit legal entity that is registered to do business in New Hampshire with the New Hampshire secretary of state but is not a governmental agency and is not a business as defined in (a) above; and

(f) “Recipient” means an applicant that receives grant monies from the fund.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2205 Grant Eligibility; Match Required

N.H. Code Admin. R. Ann. Env-Sw 2205.01 Eligible Entities {#sec-env-sw-2205.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2205.01}

The following entities shall be eligible for grant monies:

(a) Political subdivisions;

(b) Private entities; and

(c) Businesses.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2205.02 Eligible Projects {#sec-env-sw-2205.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2205.02}

Projects that are eligible for grants shall:

(a) Support waste reduction and diversion; and

(b) Provide a demonstrated significant improvement in waste diversion methods that contributes to a reduction of wastes requiring disposal, pursuant to RSA 149-R:4, III.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2205.03 Ineligible Costs {#sec-env-sw-2205.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2205.03}

The following costs shall not be eligible for funding:

(a) Costs incurred prior to or after the grant term;

(b) Costs that have been or will be paid for under any other federal, state, or local government grant or loan, including other grants or loans from the department;

(c) Recovering energy from the combustion of a waste;

(d) Support for political activities;

(e) Loans or repayment of financial obligations;

(f) Land acquisition costs;

(g) Feasibility studies;

(h) Costs associated with obtaining the grant;

(i) Legal fees; or

(j) Solid waste hauling or disposal fees.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2205.04 Funding Availability and Announcement {#sec-env-sw-2205.04 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2205.04}

(a) The department shall choose the number, frequency, and dollar amount of awards for each grant round based on the availability of funds.

(b) The department shall announce grant rounds by publishing a funding announcement on the department’s website and social media accounts and issuing a press release.

(c) The funding announcement shall identify project initiatives that shall be given priority by the department.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2205.05 Match Required {#sec-env-sw-2205.05 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2205.05}

(a) Recipients shall provide matching funds as established in the funding announcement issued by the department in accordance with Env-Sw 2205.04.

(b) Grant funds from other sources, including other department grant funds, shall not be used to meet match requirements.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2206 Grant Application Submission and Processing Procedures

N.H. Code Admin. R. Ann. Env-Sw 2206.01 Application Submittal {#sec-env-sw-2206.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2206.01}

(a) To be considered for a waste reduction and diversion grant, an eligible entity shall submit the following to the department, prior to the application deadline specified in the funding announcement:

(1) A complete application on form NHDES-S-05-042 “Solid Waste Reduction and Diversion Grant Application”, effective July 2026 available at: https://onlineforms.nh.gov/?formtag=NHDES-S-05-042, provided by the department;

(2) A certification that the information provided in the application is true, complete, and not misleading to the best of their knowledge; and

(3) A certification that the person signing the application has been duly authorized by the applicant to make the above declarations and sign this application.

(b) For collaborative projects that include multiple eligible entities, one entity shall be the primary applicant and shall submit a letter of commitment from each participating entity as an attachment to the application.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2206.02 Application Processing {#sec-env-sw-2206.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2206.02}

Application processing shall be conducted as follows:

(a) The department shall review each grant application received prior to the submission deadline established in the funding announcement to determine whether the entity and project are eligible and whether the application contains all of the information required by Env-Sw 2206.01; and

(b) If the department determines that the applicant or the project is not eligible, or the application does not contain all of the information required by Env-Sw 2206.01, the department shall not consider the application for award and shall notify the applicant of the reasons for the determination.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2206.03 Basis of Fund Allocation; Grant Award Decisions and Notification {#sec-env-sw-2206.03 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2206.03}

(a) The department shall rank grant applications in accordance with the following scoring criteria:

(1) Need;

(2) Anticipated impact;

(3) Cost effectiveness;

(4) Collaboration with other political subdivisions or entities;

(5) Alignment with the priorities identified pursuant to Env-Sw 2205.04(c).

(b) The department shall release scoring with the grant notice that will describe how each of the criteria will be weighed.

(c) Grant awards shall be made in the order of ranking, beginning with the highest-ranked application, and continuing sequentially until the total amount of funds available for the grant round have been committed or the remaining applications do not meet the minimum scoring criteria to be awarded funding.

(d) The department shall notify each applicant in writing regarding whether the application has been selected for grant funding and, if selected, provide each applicant with the grant agreement.

(e) Failure of the applicant to provide the complete and executed grant agreement within 30 days of notification shall result in a withdrawal of the grant award, unless an extension of the deadline is requested in writing by the applicant and agreed to by the department.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

Part Env-Sw 2207 Disbursement of Funds; General Grant Requirements

N.H. Code Admin. R. Ann. Env-Sw 2207.01 Disbursement of Grant Funds {#sec-env-sw-2207.01 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2207.01}

(a) Grant fund recipients shall:

(1) Request disbursement for eligible costs by completing and submitting form NHDES-S-05-045, “Progress Report and Disbursement Request for the Solid Waste Reduction and Diversion Grant” form, effective July 2026, and available at: https://onlineforms.nh.gov/?formtag=NHDES-S-05-045, as specified below:

a. Submit the form no more frequently than quarterly; and

b. Submit a final report using the form in (1) above no later than 30 days after the completion of the project, unless otherwise requested in writing by the department;

(2) Attach photos that illustrate progress made, or completion of the project;

(3) Submit copies of receipts, invoices, or proof of payment for all expenses;

(4) Certify that the information in the “Progress Report and Disbursement Request for the Solid Waste Reduction and Diversion Grant” form is true and correct to the best of the recipient’s knowledge; and

(5) Certify that the signatory has been duly authorized to make the declarations required in the form.

(b) The department shall approve a disbursement request submitted as specified in (a) above if it determines:

(1) The costs covered by the disbursement request are eligible costs; and

(2) The costs have not been covered by any previous disbursement.

(c) Upon approval of a disbursement request, the department shall authorize the disbursement to be made to the recipient from the fund.

(d) If the recipient submits an incomplete “Progress Report and Disbursement Request for the Solid Waste Reduction and Diversion Grant” form, the department shall notify the recipient of each deficiency.

(e) In order to receive a disbursement, the recipient shall correct all deficiencies no later than 30 days of the date of the notice provided pursuant to (d) above.

(f) If the recipient does not correct all deficiencies within 30 days, the department shall not authorize disbursement.

(g) If the department does not approve all or part of a disbursement request, it shall provide the reasons for such non-approval.

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Sw 2207.02 General Grant Requirements {#sec-env-sw-2207.02 omnilex-key=us-nh-regs-official--agency-env-sw--Env-Sw 2207.02}

Recipients shall adhere to the following requirements throughout the grant term:

(a) Attend commencement and periodic check-in meetings that the department may schedule, as necessary;

(b) Allow inspections of project facilities by the department; and

(c) Provide copies of project-related documents to verify compliance with the grant agreement, as requested by the department.

APPENDIX A: STATE STATUTES IMPLEMENTED

Rule Sections

Statutes Being Implemented

Env-Sw 2201

RSA 149-R:2, III; RSA 149-R:4, II; RSA 149-R:6

Env-Sw 2202

RSA 149-R:5, I, II, III, V; RSA 149-R:6, I, II, III, VII

Env-Sw 2203

RSA 149-R:4, II; RSA 149-R:6, II, IV

Env-Sw 2204

RSA 149-R:4, III, IV; RSA 149-R:6, VI

Env-Sw 2205

RSA 149-R:4, III, IV; RSA 149-R:6, VI

Env-Sw 2206

RSA 149-R:4, III, IV; RSA 149-R:6, VI

Env-Sw 2207

RSA 149-R:4, III, IV; RSA 149-R:6, VI; RSA 149-M:6, IV

History

• #14633, eff 7-1-26, EXPIRES: 7-1-36