N.H. Admin. Code § Env-Sw 1104.01

Current through Register No. 50, December 12, 2024

Section Env-Sw 1104.01 - Prerequisites for Construction

(a) Prior to commencing construction of a facility, or any phase or portion thereof, the permittee shall:

(1) Obtain approval for the applicable design plans and specifications, as follows:

a.For a permit-by-notification facility or other facility which is not subject to the provisions in Env-Sw 305.05(b) and (c), the facility plans submitted in the application shall be deemed approved for construction upon issuance of the permit; and

b.For facilities with a standard permit, emergency permit or research and development permit which is subject to the provisions in Env-Sw 305.05(b) and (c), plans and specifications for construction shall be approved pursuant to the provisions for a type II permit modification in Env-Sw 315;

(2) If the construction project is for new landfill capacity, obtain approval for preliminary plans to close the facility as though the phase being constructed will be the terminal phase, as follows:

a.By submitting such plans with the permit application and obtaining approval thereof by issuance of the permit; or

b.By submission of such plans with the application for permit modification required pursuant to (1)b. above;

(3) If required pursuant to Env-Sw 1104.04(f), file a site safety and contingency work plan and the related certification with the department;

(4) Obtain legal rights of access or property ownership as required by Env-Sw 1003.03 and, if applicable, Env-Sw 804.06 and Env-Sw 807.03(d);

(5) Comply with all other pre-construction requirements specified in the permit; and

(6) After complying with (1) through (5) above, file a notice of intent to construct as specified in Env-Sw 1104.02.

(b) For a landfill or other facility constructed in phases over time, including construction of a landfill closure system, the permittee shall comply with the requirements specified in (a) above for each new phase of construction.

N.H. Admin. Code § Env-Sw 1104.01

#6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100) ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.01)

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10598, Effective 7/1/2014, Expires7/1/2024.