Section 147-A:4 - Operator Permits The department shall administer and enforce the hazardous waste operator permit program.
I. Any person constructing, substantially altering, or operating a hazardous waste facility or disposing of hazardous waste on or after July 1, 1980, shall first obtain a permit from the department, unless conditionally exempted by rules adopted pursuant to RSA 147-A:3, XXV.I-a. The department shall notify the governing body of the municipality in which the facility is or may be located when a new permit application is received by the department. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall be included with the notification.II. A permit application fee not to exceed $7,500 shall accompany each permit, permit modification, and permit renewal application. Permit fees received by the department under this section shall be placed in the hazardous waste cleanup fund as established under RSA 147-B:3, shall be accounted for separately and shall be used in processing applications and enforcing and implementing conditions of a permit.II-a. The department may conduct such reasonable studies and investigations and employ such consultants as it deems appropriate to carry out the purposes of this section; provided, however, that such studies and investigations are identified in rules adopted pursuant to this chapter. The cost of such studies, investigations, and consultants shall be borne by the applicant.II-b. A decision by the commissioner to issue a permit for a hazardous waste facility shall not be influenced by the fact that the applicant acquired land or an interest therein for the purpose of constructing such facility. II-c. (a) Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant.(b)(1) The criminal background check shall consist of a fingerprint-based criminal record check of national crime information databases. The persons described in subparagraph (a) shall submit to the attorney general a criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations.(2) For the criminal records check required under this paragraph, the attorney general shall submit the person's fingerprints to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall release copies of the criminal history records to the attorney general.II-d. The department may deny a permit application under this section to a person if any of the following applies: (a) The person fails to demonstrate sufficient reliability, expertise, integrity and competence to operate a hazardous waste facility.(b) The person has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.III. If the application is approved, a permit shall be issued for 5 years, subject to modification, suspension, or revocation by the department. An applicant for permit renewal shall demonstrate that the facility complies with rules adopted by the department under RSA 147-A.IV. Any permit issued under this section may be modified, suspended, or revoked by the department at any time if the permittee fails to comply with the terms and conditions of the permit; provided, no permit shall be modified, suspended or revoked until the department has provided the affected party with the opportunity for an adequate hearing and with written notice of the intent of the department to take action and the reasons for the action.IV-a. No permit issued by the department under this section shall be transferred by the permittee to any person without the prior written approval of the department. Applications for the transfer of permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3, IX. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The criminal background check shall consist of and follow the same procedures set forth in paragraph II-c. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant. The department shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit issued under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private hazardous waste facility at least 2 weeks prior to such public hearing. The applicant shall notify abutters of the request for transfer of a permit under this section.V. If meeting the requirements for the issuance of a permit or complying with the conditions of a permit would, in the opinion of the department, cause undue hardship without equal or greater benefit to the public, the department may issue an interim permit. The interim permit shall contain a compliance schedule for meeting the requirements of this section and conditions the department deems necessary. Renewal or extensions of the compliance schedule may be given only after opportunity for public hearing and comment in the town or city affected by each renewal or extension. No interim permit shall be granted to a person who is causing a danger to public health or safety.VI. No person shall construct a hazardous waste facility after July 1, 1979, without an interim permit issued by the department. The department shall include terms and conditions in the interim permit as it deems necessary, utilizing existing rules relative to solid waste and, in the department's discretion, standards as proposed by the Environmental Protection Agency as published in the Federal Register under the authority granted in Subtitle C of 42 U.S.C., Section 6901 et seq.VII. In administering this section, the department shall be exempt from the provisions of RSA 541-A:29, II, but shall act on all matters before it under this section in as expeditious a manner as the law permits.Amended by 2023, 103:2, eff. 6/20/2023.Amended by 2023, 103:1, eff. 6/20/2023.1981, 413:2. 1983, 137:5, 6; 227:3; 455:8. 1986, 158:1-3; 202:6, I(e). 1989, 398:3, 4. 1991, 226:2. 1994, 412:13. 1996, 228:106, 107, 110. 1997, 269:1. 1998, 64:4. 1999, 53:2, eff. July 20, 1999. 2007, 219 : 1 , eff. July 1, 2007.