N.H. Admin. Code § Env-Sw 1202.02

Current through Register No. 45, November 7, 2024

Section Env-Sw 1202.02 - Requirements for Operating Longer than 90 days

(a) A permit-by-notification facility having an active life longer than 90 days shall comply with the requirements in Env-Sw 1100, with the following exceptions:

(1) There shall be no requirement to submit final design plans and specifications for construction approval;

(2) There shall be no requirement to submit an operating plan, provided that:

a. A written operating plan which meets the requirements of Env-Sw 1105.11 is prepared prior to operating the facility;

b. The operating plan is available for use by the 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.

N.H. Admin. Code § Env-Sw 1202.02

#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

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10595, Effective 7/1/2014, Expires7/1/2024.

Amended by Number 10, Filed March 7, 2024, Proposed by #13865, Effective 2/6/2024, Expires 2/6/2034.