Section Env-Sw 1106.05 - Temporary Cessation of Facility Construction or Operations(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 or if development of a facility under construction is discontinued 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 identifying the conditions for the temporary cessation of operation and identifies the provisions for resuming operation or construction of the facility, including the following information: (1) Facility name, location by street and municipality, and permit number;(2) Activity(s) being temporarily discontinued;(3) Reason for the temporary discontinuance of activity(s);(4) Date activities are anticipated to resume; and(5) Provisions which shall 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) Failure by the permittee to take action to secure the facility and site as specified shall require the permittee to implement closure in accordance with the solid waste rules and the permit.N.H. Admin. Code § Env-Sw 1106.05
#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 )
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10598, Effective 7/1/2014, Expires7/1/2024.