N.H. Admin. Code § Env-Sw 1105.01

Current through Register No. 37, September 12, 2024

Section Env-Sw 1105.01 - Prerequisites for Operations

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

(1) Obtain operating plan approval, as follows:

a.For a permit-by-notification facility or other facility which is not subject to the provisions of Env-Sw 305.05(b) and (c), the operating plan shall be approved through issuance of the permit and, for a permit-by-notification facility, based solely on representations by the permittee in the application pursuant to Env-Sw 1202.02(a)(2); and

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

(2) Assure financial responsibility for facility closure, as follows:

a.For a permit-by-notification facility or other facility not subject to Env-Sw 1400, financial responsibility shall be assured by having certified responsibility in the permit application pursuant to Env-Sw 303.04; and

b.For facilities with a standard permit, emergency permit or research and development permit issued subject to the provisions of Env-Sw 305.05(b) and (c), financial responsibility shall be assured in accordance with the provisions of a final financial assurance plan approved pursuant to the provisions for a type II permit modification in Env-Sw 315 and by submitting all original signed financial assurance documents required to verify the plan has been implemented and is in effect;

(3) Complete facility construction in accordance with all applicable construction requirements and submit all construction status reports, including construction inspection reports, as specified in Env-Sw 1104.07;

(4) Comply with all other pre-operation requirements specified in the permit; and

(5) After complying with (1) through (4) above, file a notice of intent to operate as specified in Env-Sw 1105.02.

(b) For a landfill or other facility operated on a phase by phase basis over time, the permittee shall comply with the requirements specified in (a) above each time operation of a new phase commences.

N.H. Admin. Code § Env-Sw 1105.01

#6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1100) ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.01 )

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