Env-Wm 300

CHAPTER Env-Sw 300 SOLID WASTE PROGRAM: PERMITS

Statutory Authority: RSA 149-M:7

Document # 8462-B, effective 10-28-05, readopted with amendments and renumbered the permit rules on solid waste management, formerly in Part Env-Wm 301 through Part Env-Wm 316, under a new subtitle as Chapter Env-Sw 300. The redesignation from subtitle Env-Wm to subtitle Env-Sw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Document # 8462-B replaces all prior filings for solid waste rules formerly in Chapter Env-Wm 300.

The prior filings for the former rules in Env-Wm 300 on solid waste include the following documents:

#5172, eff 7-1-91

#5296, eff 12-24-91

#5452, INTERIM, eff 12-24-92

#5886-A, eff 8-26-94

#6372, eff 11-16-96

#6535, INTERIM, eff 7-1-97

#6619-B, eff 10-29-97

#7225, eff 3-31-00

REVISION NOTE #2:

Document #14124, effective 11-23-24, adopted, readopted, readopted with amendment, or repealed all of the rules in Chapter Env-Sw 300. These actions necessitated the renumbering of various existing rules as indicated in the source notes.

The former rules in Chapter Env-Sw 300 that were repealed or deleted by Document #14124 include the following:

Env-Sw 314.04 titled “Facility Identification”

Env-Sw 314.05 titled “Identification of Parties”

Env-Sw 314.06 titled “Facility Description”

Env-Sw 314.07 titled “Status of Other Permits/Approvals”

Env-Sw 314.08 titled “Legal Notifications and Agreements”

Env-Sw 314.09 titled “Concurrence of Property Owner”

Env-Sw 314.10 titled “Site Report”

Env-Sw 314.11 titled “Plans and Specifications”

Env-Sw 314.12 titled “Financial Report”

Env-Sw 316.06 titled “Scope of Disclosure; Release Authorization”

The only filing affecting Env-Sw 314.04 through Env-Sw 314.12 since Document #8460-B, effective 10-28-05, was Document #10595, effective 7-1-14. These rules did not expire on 7-1-24 but were extended pursuant to RSA 541-A:14-a until deleted by Document #14124, effective 11-23-24.

The filings affecting the former Env-Sw 316.06 included the following:

(See Revision Note #1 at chapter heading for Env-Sw 300)

#8460-B, effective 10-28-05

#10595, effective 7-1-14

(See also Revision Note at part heading for Env-Sw 316 about forms in Document #13192 and Document #13193)

#13386, effective 5-26-22

PART Env-Sw 301 PURPOSE AND APPLICABILITY

Env-Sw 301.01 Purpose. The purpose of the rules in this chapter is to establish provisions for administering a solid waste management facility permit system pursuant to RSA 149-M.

Source. (See Revision Note #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)

Env-Sw 301.02 Applicability. The rules in this chapter shall apply to solid waste management activities regulated under RSA 149-M.

PART Env-Sw 302 SOLID WASTE FACILITY PERMITS

Env-Sw 302.01 Purpose. The purpose of the rules in this part is to:

(a) Describe the system of permits established by the solid waste rules for authorizing construction, operation, and closure of solid waste management facilities pursuant to RSA 149-M:9; and

(b) Identify permit-exempt facilities pursuant to RSA 149-M:7, V and RSA 149-M:9, I.

Env-Sw 302.02 Solid Waste Permit Required. Except as provided in Env-Sw 302.03, a facility at which solid waste is collected, stored, transferred, processed, treated, or disposed shall do so only in accordance with a permit issued by the department pursuant to RSA 149-M:9 and the solid waste rules.

Env-Sw 302.03 Solid Waste Permit Exemptions.

(a) Pursuant to RSA 149-M:9, I and subject to the provisions of Env-Sw 305.04(b), no permit shall be required to haul or store manure being used as fertilizer.

(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.

Env-Sw 302.04 Solid Waste Permit Types. 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.

Env-Sw 302.05 Solid Waste Facility Types by Functional Classification. 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

(1) Transfer stations; and

(2) Recycling centers.

Env-Sw 302.06 Permitting System Criteria. The following factors shall be used in the solid waste rules to determine the applicable permitting requirements:

(a) The type of permit;

(b) Duration of facility operations;

(d) The quantity and type of waste handled by the facility.

PART Env-Sw 303 FILING PROVISIONS FOR APPLICATIONS, REGISTRATIONS, AND REPORTS

Env-Sw 303.01 Purpose. The purpose of the rules in this part is to specify requirements for filing applications, registrations, and reports required by the solid waste rules.

Env-Sw 303.02 Applicability.

(a) The rules in this part shall apply to all persons filing the following applications:

(1) New permits, pursuant to Env-Sw 311 through Env-Sw 314;

(2) Modification of existing permits, pursuant to Env-Sw 315; 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.

Env-Sw 303.03 Basic Filing Requirements.

(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.

Env-Sw 303.04 Signature Requirements.

(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.

(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.

Env-Sw 303.05 Notices of Filing.

(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).

Env-Sw 303.06 Notice of Filing to Abutters.

(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.

Env-Sw 303.07 Notice of Filing to Municipality and District.

(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).

Env-Sw 303.08 Notice for GAA and GA-1 Groundwater Protection Areas. 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.

Env-Sw 303.09 Notices for Areas of Threatened or Endangered Species.

(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.

Env-Sw 303.10 Notices for Airport Proximity.

(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.

Source. (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)

Env-Sw 303.11 Notice for Designated River Areas.

(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.

Env-Sw 303.12 Notice to Department of Justice. 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.

Env-Sw 303.13 Compliance Status and History.

(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.

Source. (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)

Env-Sw 303.14 Compliance Certification.

(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.

Env-Sw 303.15 Compliance Report.

(a) Applicants unable to certify compliance pursuant to Env-Sw 303.14 shall submit a compliance report as specified by (b) below.

(b) The compliance report shall include:

(1) A complete explanation of the circumstances which cause any statement in Env-Sw 303.14(b)(1) through (b)(8) to be untrue;

(2) For each circumstance which causes a statement in Env-Sw 303.14(b)(1) through (b)(8) to be untrue, an explanation as to why the department should not find it to be grounds for denying the requested approval pursuant to the provisions of RSA 149-M:9, IX or X; and

(3) For each circumstance which causes a statement in Env-Sw 303.14(b)(5) through (b)(8) to be untrue, a plan and schedule by which the applicant proposes to achieve full compliance.

(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.

Source. (see Revision Note at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 303.16 Professional Engineer. 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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 303.17 Professional Geologist. 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.

Source. #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

Env-Sw 304.01 Applicability. The rules in this part shall apply to all persons filing applications for the following approvals:

(a) New permits pursuant to Env-Sw 311 through Env-Sw 314;

(b) Modification of existing permits, pursuant to Env-Sw 315;

(d) Applications to certify the distribution and use of wood ash pursuant to Env-Sw 1700.

Env-Sw 304.02 Pre-application Meeting

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 304.03 Application Receipt.

(a) Upon receipt of an application, the department shall determine whether the application filing requirements in Env-Sw 303 have been met.

(b) Applications filed contrary to Env-Sw 303 shall not be accepted for processing.

(c) Except as provided in (d) 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.

Source. (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)

Env-Sw 304.04 Application Completeness Determination.

(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.

(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.

Source. (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)

Env-Sw 304.05 Incomplete Applications.

(a) Except as provided in (c) through (f) below, if an application is determined to be incomplete, the department shall provide written notice to the applicant wherein:

(1) The applicant, type of application, and all documents that constitute the incomplete application shall be identified;

(2) The 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.

Source. (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)

Env-Sw 304.06 Completing an Incomplete Application.

(a) Information submitted to the department by an applicant to complete an incomplete application shall be filed in accordance with Env-Sw 303 and, if applicable, (b) below.

(b) The applicant shall:

(1) Provide a copy of all information submitted to complete an incomplete application to each person and entity identified in Env-Sw 303 to whom the applicant was required to provide a copy of the initial application;

(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.

Source. (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)

Env-Sw 304.07 Complete Applications.

(a) When the department determines that an application is complete, the department shall provide written notice to the applicant wherein:

(1) The applicant, type of application, and all documents that constitute the complete application are identified;

(2) 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.

Source. (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)

Env-Sw 304.08 Application Review.

(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.

Source. (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)

Env-Sw 304.09 Public Hearing.

(a) A public hearing shall be required for all permit applications and applications for permit modification, except as provided by (b) below.

(b) Pursuant to RSA 149-M:9, a public hearing shall not be required 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.

Source. (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

Env-Sw 305.01 Applicability. The rules in this part shall apply to all applications reviewed in accordance with Env-Sw 304.

Env-Sw 305.02 Decision on Application.

(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.

(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.

Env-Sw 305.03 Denial of a Requested Approval.

(a) The written decision for denial shall:

(1) Identify the applicant, type of application, and all documents that constitute the complete application or, if the decision for denial is made without a complete application pursuant to Env-Sw 304.05(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.

Source. (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)

Env-Sw 305.04 Issuance of Any Requested Approval.

(a) The written decision for any approval shall:

(1) Identify the person to whom the approval is granted;

(2) Identify the type of approval and authority for issuance;

(3) Identify all documents that constitute the complete application;

(4) Specify the terms and conditions under which the approved activity is authorized, including:

a. The date the approval will be effective;

b. The expiration date, if any, and provisions for renewal as applicable;

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.

Env-Sw 305.05 Issuance of Permits.

(a) A standard permit, emergency permit, permit-by-notification, or research and development facility permit shall:

(1) Be issued in conformance with Env-Sw 305.04;

(2) Specify the functional classification of the facility pursuant to Env-Sw 302;

(3) Specify that the facility 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.

Env-Sw 305.06 Issuance of Permit Modifications.

(a) A facility permit modification granted pursuant to Env-Sw 315 shall:

(1) Be issued in conformance with Env-Sw 305.04;

(2) Identify the permit which is being modified, including the facility:

a. Name;

b. Location; and

c. Permit number;

(3) Stipulate how the permit is being modified;

(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.

(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.

Env-Sw 305.07 Permit Termination.

(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.

Source. #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

Env-Sw 306.01 Purpose. The purpose of the rules in this part is to establish procedures by which the department shall revoke, suspend, or modify a permit issued pursuant to RSA 149-M and the solid waste rules.

Source. (See Revision Note #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)

Env-Sw 306.02 Applicability.

(a) The rules in this part shall apply to actions by the department to revoke, suspend, or modify a permit issued pursuant to RSA 149-M and the solid waste rules.

(b) As used in this part:

(1) “Permit” means any permit, 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.

Env-Sw 306.03 Procedure.

(a) Revocation, suspension, or modification of a permit by the department shall proceed in accordance with RSA 541-A:30 and this part.

(b) If, pursuant to investigation or inspection in accordance with Env-Sw 2000, the department determines there may be good cause for revocation, suspension, or modification, as specified in Env-Sw 306.05, the permittee shall be so notified in writing by certified mail, return receipt requested, and provided an opportunity for an adjudicative hearing.

(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.

Env-Sw 306.04 Decision.

(a) A permit shall be revoked if the department determines, following the procedures in Env-Sw 306.03, that:

(1) Good cause as provided in Env-Sw 306.05 exists; and

(2) There are no circumstances by which the permittee can correct or eliminate the underlying problem.

(b) A permit shall be suspended if the department determines, following the procedures in Env-Sw 306.03, that:

(1) Good cause as provided in Env-Sw 306.05 exists; and

(2) Given time to do so, the permittee can correct the underlying problem and thereafter resume facility operations in full compliance with the solid waste rules.

(c) A permit shall be modified by the department if the department determines, following the procedures in Env-Sw 306.03, that:

(1) Good cause as provided in Env-Sw 306.05 exists; and

(2) The underlying problem can be corrected or eliminated by changing a condition(s) of the permit.

Env-Sw 306.05 Good Cause. 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

PART Env-Sw 307 STATUS OF EXISTING PERMITS

Env-Sw 307.01 Purpose.

(a) The purpose of the rules in this part is to:

(1) Classify existing permits according to the system of permits specified in Env-Sw 302 so as to clearly identify how the existing permits will be administered by the department; and

(2) Specify procedures by which the department will reissue an existing permit, if requested by the permittee, for the sole purpose of rewording the terms and conditions to clarify but not modify facility requirements under RSA 149-M, the solid waste rules, and the permit.

(b) There is no intent by the rules in this part to modify the conditions of any existing permit.

Env-Sw 307.02 Applicability. The rules in this part shall apply to those permits granted under the authority of RSA 149-M prior to October 29, 1997 that remain in effect.

Env-Sw 307.03 Status of Permits Issued Prior to July 1, 1991.

(a) A permit issued pursuant to RSA 149-M prior to July 1, 1991, 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.

Env-Sw 307.04 Status of Permits Issued Between July 1, 1991 and October 29, 1997.

(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.

Env-Sw 307.05 Status of Temporary Permits.

(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.

Env-Sw 307.06 Administration of Temporary Permits.

(a) Temporary permits shall be subject to call by the department pursuant to the provisions of Env-Sw 307.07.

(b) A facility which ceased operations prior to issuance of the temporary permit or which ceases to operate after issuance of the temporary permit shall not resume operations under the provisions of the temporary permit, except pursuant to a notice of temporary cessation as provided in Env-Sw 1106.07.

(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.

Env-Sw 307.07 Call of Temporary Permits.

(a) The department shall determine the priority for call of all temporary permits not called on October 29, 1997, as follows:

(1) Priority shall be assigned to landfills consistent with the criteria provided in RSA 149-M:49; and

(2) Priority shall be assigned to non-landfill facilities based on the hierarchy established in RSA 149-M:3, with highest priority given to facilities lowest in the hierarchy.

(b) The department shall call temporary permits in order of the facility’s assigned priority by notifying the permittee in writing.

(c) Written notice provided pursuant to (b) above shall instruct the permittee to comply with Env-Sw 307.08 or Env-Sw 307.09, as applicable.

Env-Sw 307.08 Landfills with Temporary Permits.

(a) A landfill holding a temporary permit shall close in accordance with Env-Sw 1006, Env-Sw 1106, and Env-Sw 807.

(b) Following call of a temporary landfill permit, the permittee shall:

(1) Within 60 days of the date of call, submit to the department for approval a schedule for developing and implementing a facility closure plan that meets the requirements of (a) above;

(2) By the date specified in the schedule approved by the department pursuant to (1) above, submit a facility closure plan as specified in Env-Sw 1106 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.

Env-Sw 307.09 Non-Landfill Facilities with Temporary Permits.

(a) Following call of a temporary permit for an inactive non-landfill facility pursuant to Env-Sw 307.07(a)(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.

Env-Sw 307.10 Exceptions to Designated Permit Titles and Classifications.

(a) Any person holding a permit identified in Env-Sw 307.02 through Env-Sw 307.05 and believing that the activity(s) authorized in the permit are the same as an activity(s) now exempt from a permit pursuant to Env-Sw 101.03, Env-Sw 302.03, Env-Sw 408, Env-Sw 508, Env-Sw 608, Env-Sw 708, or Env-Sw 808, may request the department to review the terms and conditions of the permit to determine whether the permit shall be retired in favor of the comparable permit exemption.

(b) Within 120 days of receipt of a request pursuant to (a) above, the department shall review the terms and conditions of the permit to determine whether the 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.

Env-Sw 307.11 Provisions for Reissuing an Existing Permit.

(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.

(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.

PART Env-Sw 308 SOLID WASTE GENERAL PERMITS

Env-Sw 308.01 Purpose and Applicability.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.02 Establishment Criteria for Facility Categories and General Permits. 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

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.03 Facility Categories for General Permits. 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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.04 Procedure for Establishing General Permits.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.05 Procedures for Modification, Revocation, or Suspension of a General Permit.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.06 Public Hearing During the Establishment or Modification of a General Permit.

(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.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.07 Decision on Establishment or Modification of a General Permit.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.08 General Permit Appeals. In accordance with RSA 149-M:8, the waste management council shall hear any administrative appeals under RSA 21-O:9, V.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.09 General Permit Terms and Conditions. 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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.10 Registration Required. 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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.11 Registration Content and Format. 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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.12 Registration Filing.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.13 Registration Processing.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.14 Decision on Registration.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.15 Confirmation of Registration.

(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.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 308.16 Denial, Suspension, or Revocation of Authorization to Operate Under a General Permit.

(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.

Source. #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

Env-Sw 309.01 Purpose. The purpose of registration of landfills that stopped receiving waste before July 10, 1981, is to provide the department with:

(a) Documentation demonstrating that the criteria for exemption in Env-Sw 101.04 applies; and

(b) Information to identify whether an exempt landfill poses a potential threat to human health and the environment which requires action under the provisions of other state or federal regulations.

Env-Sw 309.02 Applicability. The rules in this part shall apply to all persons owning landfills, including asbestos waste sites, which stopped receiving waste before July 10, 1981, and claiming exemption from the solid waste rules pursuant to Env-Sw 101.04.

Env-Sw 309.03 Registration Requirements.

(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.

Env-Sw 309.04 Registration Processing.

(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.

Source. (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

Env-Sw 310.01 Applicability. 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.

Env-Sw 310.02 Standard Permit Application Fees for Facilities Without a Temporary Permit.

(a) The permit application fee (PAF) for a standard permit for a facility without a temporary permit shall be:

(1) Zero if the facility is scheduled to close; or

(2) The sum of the minimum base fee (MBF) as specified in (b) below plus the product of a capacity factor (CF) as specified in (c) below multiplied by a lifespan index (LI) as specified in (d) below, plus the cost of completing a background investigation (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

Env-Sw 310.03 Standard Permit Application Fees for Temporary Permit Facilities. The fee for filing a standard permit application for a temporary permit facility shall be $500.

Env-Sw 310.04 Permit-by-Notification Fees. There shall be no fee for filing an application for a permit-by-notification.

Env-Sw 310.05 Research and Development Facility Permit Fee. The fee for a research and development facility permit application shall be calculated in accordance with the equation given in Env-Sw 310.02 using the following substitute values:

(a) The MBF shall equal $1,000; and

(b) The CF shall be determined from Table 310-II based on the total quantity of waste the project involves instead of the daily capacity of the facility.

Env-Sw 310.06 Emergency Permit Application Fees. There shall be no fee for filing an application for an emergency permit.

Env-Sw 310.07 Type I-A and Type I-B Permit Modification Fees.

(a) The fee for filing an application for a type I-A permit modification as specified in Env-Sw 315.02 shall be the greater of the following:

(1) $1,500; or

(2) If the modification will increase the capacity of the facility, the PAF calculated in accordance with Env-Sw 310.02 using the CF in Table 310-II that corresponds to the net increase in permitted facility capacity and the LI in Table 310-III that corresponds to the remaining life of the facility if modified as proposed, 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).

Env-Sw 310.08 Type II Permit Modification Fee. There shall be no fee for filing an application for a type II permit modification as specified in Env-Sw 315.02, except as follows:

(a) If the application involves the review of final design plans and specifications for construction of new landfill area other than the initial landfill phase, the fee shall equal the product of the applicable MBF in Table 310-I and the LI in Table 310-III that corresponds to the life expectancy of the area being constructed;

(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.

Env-Sw 310.09 Type III Permit Modification Fee. There shall be no fee for filing an application for a type III modification.

Env-Sw 310.10 Type IV Permit Modification Fee. The fee for filing an application for a type IV modification shall equal $1,000 plus the cost of completing a BIF pursuant to Env-Sw 316 plus the cost of PNH pursuant to Env-Sw 304.

Env-Sw 310.11 Type V Permit Modification Fees. There shall be no fee for filing an application for a type V permit modification.

Source. (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)

Env-Sw 310.12 Waiver Fees. There shall be no fee for filing an application for a waiver.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 310.13 Registration Fees. There shall be no fee for filing a registration.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 310.14 Certification of Waste-Derived Products Fees. There shall be no fee for filing an application to certify a waste-derived product for distribution and use.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 310.15 Certification of Wood Ash Fees. There shall be no fee for filing an application to certify wood ash for distribution and use.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)

Env-Sw 310.16 Payment of Application and Registration Fees.

(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.

Source. (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

Env-Sw 311.01 Purpose and Applicability.

(a) The rules in this part specify provisions for obtaining a permit-by-notification.

(b) A permit-by-notification shall apply to facilities identified in Env-Sw 407, Env-Sw 507, and Env-Sw 607.

Env-Sw 311.02 Requirements and Limitations.

(a) A permit-by-notification shall be obtained by filing notification in accordance with this part. The notification shall constitute a permit application for the facility.

(b) A permit-by-notification shall be issued for facilities meeting the following requirements, as certified by the applicant in the application:

(1) Env-Sw 1200;

(2) Env-Sw 1000;

(3) Env-Sw 1100, for facilities having an active life longer than 90 days;

(4) Env-Sw 407, Env-Sw 507, 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.

Env-Sw 311.03 Permit-by-Notification Application Content and Format. 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.

Env-Sw 311.04 Permit-by-Notification Application Filing. 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.

Env-Sw 311.05 Permit-by-Notification Application Review and Decision. The application shall be processed in accordance with Env-Sw 304 and Env-Sw 305.

Env-Sw 311.06 Verification of Permit Information. 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.;

(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.

Source. #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

Env-Sw 312.01 Purpose and Applicability.

(a) The rules in this part specify the provisions for obtaining a research and development facility permit.

(b) A research and development facility permit shall apply to research and development projects, as defined in Env-Sw 104, except no permit shall be required for research and development facilities identified in Env-Sw 302.03(b)(7).

Env-Sw 312.02 Requirements and Limitations.

(a) A research and development facility permit shall be issued for research and development projects meeting the following requirements:

(1) Funding for the project 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.

(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.

Env-Sw 312.03 Research and Development Permit Application Content and Format. 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.

Env-Sw 312.04 Research and Development Permit Application Filing. Applications for a research and development facility permit shall be signed and filed by the applicant in accordance with Env-Sw 303, with the fee specified in Env-Sw 310.

Env-Sw 312.05 Research and Development Permit Application Review and Decision.

(a) Applications for a research and development facility permit shall be processed by the department pursuant to the provisions of Env-Sw 304 and Env-Sw 305.

(b) As a condition of any permit issued, the permittee shall provide the following information:

(1) By March 31, an annual report prepared by the lead investigator which summarizes the work completed for the previous calendar year and provides a summary of all data generated;

(2) Within 3 months following the termination of the project, a project summary report prepared by the lead investigator including a summary of the project, a summary of all data generated, and a discussion of the results of the study;

(3) If the project will be the subject of an article for publication, a copy of the article or a draft of the article; and

(4) Copies of all data generated when required to support any project finding which will be used to obtain another permit, permit exemption, permit modification, or waiver to any solid waste or hazardous waste rule.

PART Env-Sw 313 EMERGENCY FACILITY PERMIT PROVISIONS

Env-Sw 313.01 Purpose and Applicability.

(a) The rules in this part shall specify requirements for obtaining an emergency facility permit.

(b) An emergency facility permit shall apply to facilities which operate for a limited period of time in response to any emergency for which no other readily available response exists and for which a delayed response to obtain another type of permit will result in an unnecessary risk to public health, safety, or the environment.

Env-Sw 313.02 Applicable Requirements and Limitations.

(a) An emergency facility permit shall be issued for facilities identified in Env-Sw 313.01(b) meeting the following requirements:

(1) Env-Sw 1000;

(2) Env-Sw 1100, as applicable based on active life expectancy;

(3) Env-Sw 400 through Env-Sw 500, as applicable based on the functional classification of the facility; and

(4) Env-Sw 900, as applicable based on the type of waste the facility manages.

(b) The requirements in (a)(2) and (a)(4) above shall not apply if the department determines, based on the nature of the emergency and the information in the permit application, that compliance with the requirement will prohibit effective emergency response.

(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.

Env-Sw 313.03 Pre-application Contact.

(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.

Env-Sw 313.04 Emergency Facility Permit Application Content and Format.

(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.

Env-Sw 313.05 Emergency Facility Permit Application Filing. Applications for an emergency facility permit shall be signed and filed by the applicant in accordance with Env-Sw 303.

Env-Sw 313.06 Emergency Facility Permit Application Processing. Applications for an emergency facility permit shall be processed by the department in accordance with Env-Sw 304 and Env-Sw 305, as follows:

(a) Following receipt of a complete application, the department shall determine whether the information provided in the permit application and other available information demonstrates that the proposed activity shall be necessary to protect the environment, public health and safety;

(b) If the department determines that the proposed activity is necessary to protect the environment, public health and safety and that all other requirements identified in Env-Sw 313.01(b) and Env-Sw 313.02 are met, the department shall issue the permit; 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.

PART Env-Sw 314 STANDARD FACILITY PERMITTING PROVISIONS

Env-Sw 314.01 Purpose and Applicability.

(a) The rules in this part specify the requirements for obtaining a standard permit.

(b) A standard permit shall apply to a facility which:

(1) Is not permit-exempt pursuant to Env-Sw 302.03;

(2) Is not eligible for a permit-by-notification pursuant to Env-Sw 407, Env-Sw 507, 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.

Env-Sw 314.02 Requirements and Limitations.

(a) A standard permit facility shall comply with:

(1) Env-Sw 1000;

(2) Env-Sw 1100, if the facility has an active life longer than 90 days;

(3) Env-Sw 400 through Env-Sw 800, as applicable based on the functional classification of the facility;

(4) Env-Sw 900, as applicable based on the type of waste managed by the facility; and

(5) Env-Sw 1400.

(b) A standard permit shall be subject to the provisions in Env-Sw 315 for permit modification.

Env-Sw 314.03 Standard Facility Permit Application Content and Format. 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).

Env-Sw 314.04 Other Information. If the information submitted is insufficient for the department to make an independent determination that the facility and all persons associated therewith comply with the requirements of RSA 149-M and the solid waste rules and protect human health, safety, and the environment, the applicant shall submit such additional information as the department determines necessary to make the determination.

Source. (See Revision Note #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)

Env-Sw 314.05 Application Filing. Standard facility permit applications shall be signed and filed by the applicant as specified in Env-Sw 303, with the fee as specified in Env-Sw 310.

Source. (See Revision Note #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)

Env-Sw 314.06 Application Review and Decision. Standard facility permit applications shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.

Source. (See Revision Note #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

Env-Sw 315.01 Applicability.

(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).

Env-Sw 315.02 Definitions.

(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.

Source. (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)

Env-Sw 315.03 Approval Required.

(a) Before making a modification to the design, construction, operation, or closure of a facility as permitted by the department, the permittee shall obtain written approval for such modification in accordance with this part.

(b) A permittee shall request approval to implement a facility modification by filing an application for permit modification 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.

Env-Sw 315.04 Permit Modification Application Filing Procedures.

(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.

Env-Sw 315.05 Application Content and Format, Type I-A and I-B Modifications. 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

Env-Sw 315.06 Application Content and Format, Type II Modifications. 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.

Env-Sw 315.07 Application Content and Format, Type III Modification. 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

Env-Sw 315.08 Application Content and Format, Type IV Modifications. For a type IV permit modification, the existing permittee and the proposed permittee, acting as co-applicants, shall:

(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;

(d) Provide the information as specified in Env-Sw 314.03(a)(2).

Env-Sw 315.09 Application Content and Format, Type V Modification. 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.

Env-Sw 315.10 Application Review and Decision. All applications to modify a permit shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.

PART Env-Sw 316 PERFORMANCE HISTORY REQUIREMENTS

REVISION NOTE:

Document #13192, effective 4-23-21, readopted with amendments the “Personal Disclosure Form” (PDF), NHDES-S-05-036, pursuant to the expedited revisions to agency forms process in RSA 541-A:19-c. Document #13192 contained only the amended form, giving it a new effective date, and updated the form’s revision date from “04-24-14” to “April 2021”. The PDF form is incorporated by reference in Env-Sw 316.04(a) and Env-Sw 316.05(a) and (b)(2), but with some form requirements also set forth in Env-Sw 316.04(c), (d), and (f) and Env-Sw 316.06(a). Env-Sw 316.04 is titled “Use of Disclosure Forms; Signatures”, Env-Sw 316.05 is titled Entities and Individuals Required to Submit Signatures”, and Env-Sw 316.06 is titled “Scope of Disclosure”. The prior filing affecting Env-Sw 316.04, Env-Sw 316.05, and Env-Sw 316.06 was Document #10595, effective 7-1-14, and the effective date remained unchanged. The date of the PDF form in Env-Sw 316.04(a) and Env-Sw 316.05(a) and (b)(2) was subsequently changed editorially to “April 2021” because of Document #13192.

Document #13193, effective 4-23-21, readopted with amendments the “Business Disclosure Form” (BDF), NHDES-S-05-019, pursuant to the expedited revisions to agency forms process in RSA 541-A:19-c. Document #13193 contained only the amended form, giving it a new effective date, and updated the form’s revision date from “04-24-14” to “April 2021”. The BDF form is incorporated by reference in Env-Sw 316.04(b) and Env-Sw 316.05(a) and (b)(1), but with some form requirements also set forth in Env-Sw 316.04(c), (e), and (f) and Env-Sw 316.06(b). The date of the BDF form in Env-Sw 316.04(b) and Env-Sw 316.05(a) and (b)(1) was subsequently changed editorially to “April 2021” because of Document #13192.

The effective date of Env-Sw 316.04, Env-Sw 316.05, and Env-Sw 316.06 remained unchanged by Document #13192 and Document #13193. However, the requirements on the PDF and BDF forms with revision date “April 2021” would be the valid and enforceable rule in case of any conflict between the forms and the rules, since a form is defined as a “rule” in RSA 541-A:1, XV and is the later enactment.

Env-Sw 316.01 Purpose. The purpose of the rules in this part is to implement RSA 149-M:9, III, 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.

Env-Sw 316.02 Applicability.

(a) Except as noted in (b), below, the rules in this part shall apply to applicants for the following types of permits and approvals:

(1) Standard facility permit pursuant to Env-Sw 314;

(2) Research and development facility permit pursuant to Env-Sw 312, whenever the applicant is unable to certify compliance pursuant to Env-Sw 303.14;

(3) Type IV permit modification 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.

Env-Sw 316.03 Background Investigation Requirements.

(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.

Env-Sw 316.04 Disclosure Forms, Additional Information, and Signatures.

(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.

Source. (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)

Env-Sw 316.05 Entities and Individuals Required to Submit Information.

(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.

Source. (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)

Env-Sw 316.06 Filing of Disclosure Forms.

(a) The applicant shall transmit all original signed disclosure forms by certified mail, return receipt requested or by hand-delivery to the NHDOJ, attn: environmental bureau chief.

(b) The submittal made pursuant to (a) above shall be accompanied by a notice of filing pursuant to Env-Sw 303.12.

Source. (See Revision Note #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)

Env-Sw 316.07 Background Investigation Fee. Pursuant to Env-Sw 310 and upon presentation of an accounting and request for payment from the NHDOJ, the applicant shall pay the cost incurred by the NHDOJ to complete the background investigation and prepare a report to the department as required in RSA 149-M:9, III and IX.

Source. (See Revision Note #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)

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