N.H. Admin. Code § Env-Sw 315.02

Current through Register No. 37, September 12, 2024

Section Env-Sw 315.02 - Definitions

(a) "Type I modification" means an amendment to the terms and conditions of a permit that is not a type II through type V modification. The term includes type I-A and type I-B modifications.

(b) "Type I-A modification" means a type I modification that has the potential to adversely affect the state's ability to achieve the waste reduction goal in RSA 149-M:2 by means of establishing and maintaining an integrated system of facilities which is consistent with the hierarchy in RSA 149-M:3 and which provides a substantial public benefit pursuant to RSA 149-M:11, including but not limited to:

(1) Increasing the approved design capacity of a facility;

(2) Changing the expiration date of a permit;

(3) Reducing the operating life expectancy of a New Hampshire landfill without a comparable reduction in the permitted capacity of the landfill, as by directly or indirectly increasing the quantity of waste received daily;

(4) Expanding the permitted service area of a facility;

(5) Changing the facility service type from a limited service area facility to an unlimited service area facility; and

(6) Changing facility operations to include a waste management method less preferred in the RSA 149-M:3 hierarchy than authorized by the current terms and conditions of the permit.

(c) "Type I-B modification" means a type I modification that is not a type I-A modification because, based on information available at the time the modification is proposed, there is no expectation that the proposed change will adversely affect the state's ability to achieve the waste reduction goal in RSA 149-M:2 by establishing and maintaining an integrated system of facilities which is consistent with the hierarchy in RSA 149-M:3 and which provides a substantial public benefit pursuant to RSA 149-M:11.

(d) "Type II modification" means an amendment to the terms and conditions of a permit to approve and incorporate by reference final or revised design, operating, financial assurance or closure plans for a facility which have been prepared pursuant to a condition of the permit or a solid waste rule specifically requiring submission of such plans, including but not limited to:

(1) Approving final plans for construction, operation, financial assurance or closure of a facility based on preliminary plans provided in the application, as required to satisfy prerequisites for construction or operation pursuant to Env-Sw 1100, and Env-Sw 305.05(b) and (c); and

(2) Approving preliminary plans for closure of a landfill under the provisions of a temporary permit pursuant to Env-Sw 307.08(b).

(e) "Type III modification" means an amendment to the terms and conditions of a permit to effect one of the following minor changes:

(1) A change in facility operating hours within the limits specified in Env-Sw 1105.08(a) or within alternative limits specified in the permit pursuant to Env-Sw 1105.08(b);

(2) A change in a key above-ground site feature, including a facility structure or appurtenance, that:

a. Is made subsequent to filing record drawings in accordance with Env-Sw 1104.07;

b. Does not:

1. Alter the permitted function(s) of the facility;

2. Change the basis of the approved facility design; or

3. Violate any applicable siting criteria specified in the solid waste rules; and

c. Is merely a change to improve facility operations within the limits specified in the permit;

(3) A change in facility operations to separately collect, store and transfer source separated select recyclable materials not previously managed separately by the facility, to the extent that the activity:

a. Does not increase either the approved design or storage capacity of the facility; and

b. Does not require a change in the approved financial assurance plan of record for the facility;

(4) For landfills, a change in the type of cover material to be used at the facility, pursuant to Env-Sw 806.03;

(5) A name change for the permittee or facility that does not constitute a type IV modification; and

(6) A change in organizational structure, officers, directors, partners, or key employees identified pursuant to Env-Sw 303.14(a) that does not constitute a type IV modification.

(f) "Type IV modification" means an amendment to the terms and conditions of a permit to authorize permit transfer and record a change in the:

(1) Operational control of a facility; or

(2) Ownership of the facility, as follows:

a. For a partnership, a change in the majority of general partners;

b. For a corporation, a transfer of all corporate assets or of a majority of voting shares to a new individual or entity;

c. For other organizations, a transfer of the control of the organization to a new individual or entity; and

d. For an individual, transfer of control to another individual or entity.

(g) "Type V modification" means an amendment to the terms and conditions of a permit pursuant to Env-Sw 1105.06(b) to allow facility records to be stored at off-site locations or to be destroyed.

N.H. Admin. Code § Env-Sw 315.02

(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.

Amended by Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12404, Effective 10/21/2017, Expires 10/27/2027.