Env-Wm 1100

CHAPTER Env-Sw 1100 ADDITIONAL SOLID WASTE FACILITY REQUIREMENTS

Statutory Authority: RSA 149-M:6, RSA 149-M:7, RSA 149-M:9

Revision Note:

Document #8459, effective 10-28-05, readopted with amendments, renumbered, and redesignated former Chapter Env-Wm 2800 as Env-Sw 1100, pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. The source notes for each section of Env-Sw 1100 identify the former subtitle Env-Wm and number for the respective rule prior to Document #8459.

PART Env-Sw 1101 PURPOSE AND APPLICABILITY

Env-Sw 1101.01 Purpose. 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.

Source. #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

Env-Sw 1101.02 Applicability.

(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.

Source. #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

Env-Sw 1102.01 General Siting Requirements. 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.

Source. #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

Env-Sw 1102.02 Co-existence with Other Activities.

(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.

Source. #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

Env-Sw 1103.01 General Design Requirements.

(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.

Source. #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

Env-Sw 1103.02 Equipment Installation. 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.

Source. #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

Env-Sw 1103.03 Access Control.

(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.

Source. #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

Env-Sw 1103.04 Surrounding Properties. 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.

Source. #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

Env-Sw 1103.05 Design Plans and Specifications, Content, and Format. 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.

Source. #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

Env-Sw 1104.01 Prerequisites for Construction.

(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.

Source. #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

Env-Sw 1104.02 Notice of Intent to Construct.

(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.

(1) Filed in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

Source. #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

Env-Sw 1104.03 Approval to Commence Construction.

(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.

Source. #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

Env-Sw 1104.04 General Construction Requirements.

(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.

(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.

Source. #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

Env-Sw 1104.05 Design Changes During Construction.

(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.

(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.

Source. #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

Env-Sw 1104.06 Project Engineer and Resident Engineer. 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.

Source. #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

Env-Sw 1104.07 Construction Reporting and Recordkeeping Requirements.

(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.

Source. #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

Env-Sw 1104.08 Interaction with Department During Construction.

(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.

Source. #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

Env-Sw 1104.09 Temporary Cessation of Construction.

(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.

(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.

Source. #14108, eff 11-13-24, EXPIRES: 11-13-34

PART Env-Sw 1105 ADDITIONAL OPERATING REQUIREMENTS

Env-Sw 1105.01 Prerequisites for Operations.

(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.

Source. #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

Env-Sw 1105.02 Notice of Intent to Operate.

(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:

(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;

(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.

(1) Filed with the department in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

Source. #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

Env-Sw 1105.03 Operating Approval.

(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.

Source. #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

Env-Sw 1105.04 Basic Operating Requirements.

(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.

Source. #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

Env-Sw 1105.05 Signs and Postings.

(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.

Source. #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

Env-Sw 1105.06 Facility Operating Records.

(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.

Source. #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

Env-Sw 1105.07 Reporting Requirements.

(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.

Source. #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

Env-Sw 1105.08 Hours of Operation.

(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.

Source. #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

Env-Sw 1105.09 Receipt and Management of Waste.

(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.

Source. #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

Env-Sw 1105.10 Management of Residual Waste.

(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.

Source. #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

Env-Sw 1105.11 Operating Plan Content and Format.

(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).

Source. #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

Env-Sw 1105.12 Interactions with Host Municipalities, Solid Waste Management Districts, and the Public.

(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.

Source. #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

Env-Sw 1105.13 Annual Report for Active Facilities, Content.

(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

Env-Sw 1105.14 Annual Report for Inactive Facilities, Content.

(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.

Source. #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

Env-Sw 1106.01 Commencement of Closure Activities.

(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.

Source. #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

Env-Sw 1106.02 Notice of Intent to Permanently Close.

(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.

(1) Filed with the department in accordance with Env-Sw 303; and

(2) Copied to the host municipality and district.

Source. #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

Env-Sw 1106.03 Approval to Commence Closure.

(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.

Source. #14108, eff 11-13-24, EXPIRES: 11-13-34

Env-Sw 1106.04 Basic Facility Closure Requirements. 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.

Source. #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)

Env-Sw 1106.05 Closure Plan, Content, and Format.

(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.

(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.

Source. #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)

Env-Sw 1106.06 Notification of Closure. 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.

Source. #14108, eff 11-13-24, EXPIRES: 11-13-34

Env-Sw 1106.07 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 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.

Source. #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)

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