Section Env-Sw 1104.05 - Design Changes During Construction(a) During construction of a facility not subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that: (1) The change(s) shall not violate any siting, design, operating or closure requirement applicable to the facility; and(2) The change(s) shall be identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07.(b) During construction of a facility which is subject to Env-Sw 1104.06, the permittee may implement a change to the approved plans and specifications, without explicit department approval, provided that the project engineer: (1) Determines that all conditions specified in (c) below shall be met;(2) Fully documents the change in the bi-weekly construction report submitted to the department pursuant to Env-Sw 1104.07, or earlier whenever possible; and(3) Establishes a record of the change(s) so as to allow the change to be identified and reported to the department on the record drawings filed pursuant to Env-Sw 1104.07.(c) A design change shall not be implemented pursuant to (b) above unless: (1) The change shall not be relevant to assessing facility siting criteria and maintaining compliance therewith;(2) The design change shall be functionally equivalent or superior to the design feature being changed;(3) Other than the fact that the change is not explicitly part of the approved plans and specifications, the change shall comply with all applicable rules and regulations and all terms and conditions of the permit;(4) The change shall not require any change to the facility's approved operating, closure and financial assurance plans; and(5) The change shall not involve the use of waste-derived products not certified for distribution and use pursuant to Env-Sw 1500.(d) For a facility which is subject to Env-Sw 1104.06, a change to the approved plans or specifications which does not meet the conditions specified in (c) above shall be authorized only by issuance of a permit modification pursuant to the provisions of Env-Sw 315.N.H. Admin. Code § Env-Sw 1104.05
#6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100) ss by #8459, eff 10-28-05 (formerly Env-Wm 2804.05)
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10598, Effective 7/1/2014, Expires7/1/2024.