N.H. Admin. Code § Env-Sw 305.05

Current through Register No. 37, September 12, 2024

Section 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 must be constructed, operated and closed 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 location;

b. Facility design;

c. Facility construction;

d. Facility operation, including:

1. Operating restrictions including:

(i) Facility function;

(ii) 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. Maintenance and monitoring requirements; and

4. Reporting requirements;

e. Financial assurance for guaranteeing the cost of facility closure; and

f. Facility closure, including post-closure 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 for a type II permit modification.

(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 for a type II permit modification.

(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 period, except as provided by (e) below 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 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, unless the permit specifically exempts the facility from the 2 year construction deadline on the basis of a demonstration of public benefit that accounted for a later construction date;

(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; 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 location, design, operation or closure of a facility as permitted by the department shall require approval pursuant to Env-Sw 315 and Env-Sw 305.06, except as noted in (g) below.

(g) A permit-by-notification issued pursuant to Env-Sw 311 shall not be modified, except if the modification is a type III or type V modification pursuant to Env-Sw 315 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.

N.H. Admin. Code § Env-Sw 305.05

(see Revision Note at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10595, Effective 7/1/2014, Expires7/1/2024.