N.H. Admin. Code § Env-Sw 315.10

Current through Register No. 37, September 12, 2024

Section Env-Sw 315.10 - Application Review and Decision

(a) All applications to modify a permit shall be reviewed in accordance with Env-Sw 304 and Env-Sw 305.

(b) In addition to the provisions for denial in Env-Sw 305.03, the department shall deny any application to modify a permit if:

(1) The applicant is unable to certify compliance pursuant to Env-Sw 303.14, unless the applicant:

a. Demonstrates in the compliance report that the circumstance(s) for non-compliance are not cause for the department to deny the requested approval pursuant to the provisions of RSA 149-M:9, IX or X; and

b. Agrees to comply with a plan and schedule for achieving compliance;

(2) The modification constitutes a change in the facility's functional classification as described in Env-Sw 302, which otherwise requires a new facility permit; or

(3) The modification constitutes an expansion of facility operations under the provisions of a temporary permit.

(c) The department shall approve a type V permit modification request to store facility records off-site if the application demonstrates that the records shall be adequately protected against loss or damage and shall remain accessible to the department as required by the solid waste rules.

(d) The department shall not approve a type V permit modification to destroy records, if:

(1) Any benefits will be obtained by requiring the records to be retained, for instance by assisting in development of a closure or post-closure monitoring plan or otherwise to assist future studies to determine compliance with state or federal regulations; or

(2) The facility is the subject of any pending investigation or enforcement action.

(e) Pursuant to Env-Sw 1104, a type II permit modification granting construction plan approval shall:

(1) Expire one year from the date of issuance if construction is not commenced; and

(2) Be subject to terms and conditions as necessary to assure that the facility is constructed in accordance with the approved plans and specifications, all applicable rules and regulations, and other terms and conditions of the permit.

N.H. Admin. Code § Env-Sw 315.10

(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.