Section Env-Hw 304.09 - Siting Requirements for New Facilities(a) No new facility shall be issued a permit unless the applicant demonstrates that the active portion of the facility shall be sited in compliance with Env-Hw 702.09.(b) Landfills, land treatment facilities, piles, and surface impoundments shall not be located within the 500-year floodplain.(c) Transfer, treatment, storage, and disposal facilities shall not be located within the 100-year floodplain.(d) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted shall not be located within 61 meters or 200 feet of a fault that has had displacement in Holocene time.(e) Unless a facility is granted a waiver pursuant to Env-Hw 202 or is exempt pursuant to Env-Hw 303.02, the department shall not issue a permit to a new facility whose active portion is to be sited:(1) Within 1,000 feet of a residence as defined in Env-Hw 104 that exists at the time an applicant submits a permit application. For the purposes of this subparagraph, a residence shall be deemed to exist as soon as actual construction of the residence has begun;(2) Within 1,000 feet for transfer facilities or within 3,000 feet for treatment, storage, or disposal facilities of a school, hospital, or home for the elderly that exists at the time an applicant submits a permit application, if such an institution: a. Is a publicly owned institution and the municipality or other governing body has reached the level of planning whereby it has already committed specified funds toward the purchase or lease of a specific site for the project or toward construction of the project; orb. Is privately owned and the owner has already begun construction on the project;(3) Within 200 feet for transfer, treatment, or storage facilities or within 500 feet for incinerators, landfills, land treatment facilities, piles, or surface impoundments of an adjacent property line;(4) Within an area that has hydrologic characteristics such that an accidental discharge of hazardous waste from the active portion could take less than one year to migrate through the ground to:a. The property line of the parcel on which the facility is proposed to be built;b. A down-gradient discharge of groundwater to a surface water described in (9), (10), or (12), below; orc. An aquifer described in (6), below;(5) For landfills, land treatment facilities, piles, and surface impoundments, within an area not underlain by an aquiclude as defined in Env-Hw 103 unless an artificial barrier is installed that has a hydraulic conductivity for water of 1x 10-7 cm per second or less and that has sufficient thickness to function as an aquiclude;(6) Within an area underlain by an aquifer occurring in non-bedrock formations capable of having a safe yield greater than 200,000 gallons per day;(7) Within the following distance of the intake of a surface water that is a source, or the zone of contribution for a well that is a source, for a public water system as defined in RSA 485:1-a as of the time the applicant submits a permit application: a. For landfills, land treatment facilities, piles, or surface impoundments, 5,000 feet;b. For treatment, storage or other disposal facilities, 3,000 feet; orc. For transfer facilities, 1,000 feet;(8) Within the watershed of a river designated as a Class A water pursuant to RSA 485-A:9 as of the time the applicant submits a permit application;(9) Within 250 feet for transfer facilities or within 500 feet for treatment, storage, or disposal facilities of the edge of a river or stream having a drainage area of one square mile or more;(10) Within 250 feet for transfer facilities or within 1,000 feet for treatment, storage, or disposal facilities of a pond, lake, or reservoir whose surface area exceeds 10 acres;(11) Within 1,500 feet for landfills, land treatment facilities, piles or surface impoundments, within 750 feet for treatment, storage and other disposal facilities, or within 250 feet for transfer facilities, of the edge of a river or stream whose normal width is 100 feet or more;(12) Within 250 feet for transfer facilities or within 1,000 feet for treatment, storage, or disposal facilities of a wetland as regulated by RSA 482-A whose surface area exceeds 25 acres;(13) Within the corridor of a river designated as a natural river pursuant to RSA 483; or(14) Within any salt dome formation, salt bed formation, underground mine or cave.(f) Determination of safe yield pursuant to (e)(6), above, shall be made in accordance with accepted hydrogeological practices.N.H. Code Admin. R. Env-Hw 304.09
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.