CHAPTER Env-Sw 1100 ADDITIONAL
FACILITY REQUIREMENTS
Statutory
Authority: RSA 149-M:6, RSA 149-M:7, RSA
149-M:9
Revision Note:
Document #8459, effective 10-28-05, readopted with amendments,
renumbered, and redesignated former Chapter Env-Wm 2800 as Env-Sw 1100, pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05. The source notes for each
section of Env-Sw 1100 identify the former subtitle
Env-Wm and number for the respective rule prior to Document #8459.
PART
Env-Sw 1101
PURPOSE AND APPLICABILITY
Env-Sw
1101.01 Purpose. The purpose of the rules in this chapter is
to ensure that the facilities identified in Env-Sw
1101.02(a), are located, designed, operated and closed
in a manner that does not endanger public health or adversely affect the
environment and which minimizes the potential for accidents that could lead to
personal injury or property damage.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2801.01); ss by #10598, eff 7-1-14
Env-Sw
1101.02 Applicability.
(a)
Subject to (b) below, the rules in this chapter shall apply to all
facilities having an active life longer than 90 days, except:
(1) Permit-exempt facilities;
(2) Research and development permit facilities as
provided by Env-Sw 312.02(b);
(3) Emergency permit facilities as provided by
Env-Sw 313.02(b); and
(4) General permit facilities as provided by Env-Sw 308.
(b)
A requirement in this chapter specifying the use of a particular
material or procedure shall not apply if an alternative is approved by the
department as a condition of the permit based on a demonstration by the
applicant or permittee presented in a permit application, application for
permit modification or compliance report, as applicable, that:
(1) The alternative material or procedure is
functionally equivalent or superior in its protection of public health and the
environment to the material or procedure specified by rule; and
(2) The alternative is not prohibited by any
other state rules or federal regulations applicable to the facility.
(c)
The requirements in this chapter shall apply as the complement of the
requirements in Env-Sw 1000 for all facilities, Env-Sw 1200 for permit-by-notification facilities, Env-Sw 400 through Env-Sw 800 as
applicable based on the functional classification of the facility, and Env-Sw 900 as applicable based on the type of waste managed by
the facility.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2801.02); ss by #10598, eff 7-1-14
PART
Env-Sw 1102
ADDITIONAL SITING REQUIREMENTS
Env-Sw
1102.01 General Siting Requirements. The location of a facility shall be
compatible with meeting all design, construction, operating
and closure requirements specified for the facility in the solid waste rules,
including requirements noted in Env-Sw 1101.02(c), as
applicable.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2802.01); ss by #10598, eff 7-1-14
Env-Sw
1102.02 Co-existence with Other
Activities. The property on which
the facility is proposed to be located shall not also be the site of any
activity not specifically authorized in the facility permit, either because it
is an activity not regulated by the solid waste rules such as the collection of
used oil for recycling or the operation of a non-waste related business, or
because it is a permit-exempt activity such as the operation of a burn pile
pursuant to Env-Sw 508.05, unless:
(a)
The activity will not interfere with operating the permitted facility in
compliance with the solid waste rules and the permit; and
(b)
When required by Env-Sw 1105.07(d), notice of
the activity is provided to the department as specified in Env-Sw 1105.07(e) and (f).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2802.02); ss by #10598, eff 7-1-14
PART
Env-Sw 1103
ADDITIONAL DESIGN REQUIREMENTS
Env-Sw 1103.01 General
Design Requirements.
(a)
A facility shall employ best practicable technology(s) and sound
engineering practices in meeting the applicable design requirements specified
in the solid waste rules.
(b)
Where options exist relative to design concepts, preference shall be
given to the option which provides:
(1) The least complex alternative(s) for facility
construction, operation and maintenance;
(2) The required performance standard(s); and
(3) The same or less risk of failure compared to designs
that are in common usage in the industry and which comply with current
requirements established under the solid waste rules.
(c)
The design of a facility shall be compatible and facilitate compliance
with the applicable facility operating and closure requirements specified in
the solid waste rules.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2803.01); ss by #10598, eff 7-1-14
Env-Sw
1103.02 Equipment Installation. The installation and use of manufactured
equipment at a facility shall conform to the manufacturer’s specifications and
recommendations, unless the permittee provides a written statement by a
qualified professional engineer certifying that the non-conforming installation
and use shall not adversely affect the environment, public health
or safety.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2803.02); ss by #10598, eff 7-1-14
Env-Sw
1103.03 Access Control.
(a)
The perimeter of a facility site shall be fenced in a manner as to
restrict unauthorized access to the facility, except no fence shall be required
if natural site features restrict access to the site, or all waste handling,
storage and disposal areas at the facility are wholly contained within locked
structures or devices when the facility operator is not present.
(b)
Weather-resistant signs, which state that access is restricted, shall be
posted around the perimeter of a facility site wherever fencing is not required
by (a) above.
(c)
The lawful access points to the facility shall be secured by locked
gates or the equivalent during times when the facility operator is not be
present.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2803.03); ss by #10598, eff 7-1-14
Env-Sw
1103.04 Surrounding Properties. The design of a facility shall incorporate
features to minimize adverse impacts, if any, to surrounding properties, such
as the use of stockade fencing where appropriate to shield waste storage and
handling areas from view and to control the off-site transport of dust and
windblown litter, and the use of landscaping berms or other vegetation for
similar purposes.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2803.04); ss by #10598, eff 7-1-14
Env-Sw
1103.05 Design Plans and
Specifications, Content and Format.
Facility plans and specifications, including preliminary and final plans
submitted with an application pursuant to Env-Sw 311
through Env-Sw 315 and record drawings submitted
pursuant to Env-Sw 1104.07, shall conform to the
following requirements:
(a)
Plans and specifications shall bear the date of preparation and, for a
facility already permitted, the facility permit number;
(b)
Plans and specifications shall be clearly readable;
(c)
Plans and specifications shall be prepared in accordance with standard
engineering practices, including dimensions, labels, details
and other graphic elements;
(d)
Plans and specifications shall be stamped by a qualified professional
engineer as required by RSA 310-A;
(e)
Except as provided by (f) below, plans shall:
(1) Be prepared at a scale of no less than one inch equals 50 feet;
(2) Be presented on paper no larger than 24
inches by 36 inches;
(3) Show profiles drawn to standard scales with a
ratio of 10 horizontal to 1 vertical (10:1), such as 40:4 and 50:5;
(4) Show elevations of the surface to the nearest
0.1 foot;
(5) Show elevations of the piping, sewer, and
manhole inverts to the nearest 0.01 foot;
(6) Report all elevations in feet and tenths and
reference all elevations to a standard datum, which shall be indicated on the
plans, based on mean sea level; and
(7) Show contours at a minimum interval of 2 feet
on all plan views.
(f)
Alternatives to (e) above shall be accepted if, prior to submitting the
plans, the applicant requests approval of the alternative(s) and shows in the
request that, based on the size of the land area being shown, the size of the
detail being shown or the margin of error acceptable, the information to be
presented on the plans will be as clear and understandable prepared according
to the alternative(s) as it would be prepared according to (e) above.
(g)
Plans and specifications submitted for construction approval shall
include the intended methods for sequencing facility construction, consistent
with:
(1) The seasonal restrictions specified in Env-Sw 1104.04;
(2) The construction schedule required by Env-Sw 1104.02; and
(3) For landfills constructed in phases over
time, the requirements in Env-Sw 805.11(d).
(h)
Plans and specifications shall be submitted with all calculations and
design related documentation required to support and verify the adequacy of the
proposed design and construction.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2803.05); ss by #10598, eff 7-1-14
PART
Env-Sw 1104
ADDITIONAL CONSTRUCTION REQUIREMENTS
Env-Sw
1104.01 Prerequisites for
Construction.
(a)
Prior to commencing construction of a facility, or any phase or portion
thereof, the permittee shall:
(1) Obtain approval for the applicable design
plans and specifications, as follows:
a. For a permit-by-notification facility or
other facility which is not subject to the provisions in Env-Sw 305.05(b) and (c), the facility plans submitted in the
application shall be deemed approved for construction upon issuance of the
permit; and
b. For facilities with a standard permit,
emergency permit or research and development permit which is subject to the
provisions in Env-Sw 305.05(b) and (c), plans and
specifications for construction shall be approved pursuant to the provisions
for a type II permit modification in Env-Sw 315;
(2) If the construction project is for new
landfill capacity, obtain approval for preliminary plans to close the facility
as though the phase being constructed will be the terminal phase, as follows:
a. By submitting such plans with the permit
application and obtaining approval thereof by issuance of the permit; or
b. By submission of such plans with the
application for permit modification required pursuant to (1)b. above;
(3) If required pursuant to Env-Sw 1104.04(f), file a site safety and contingency work plan
and the related certification with the department;
(4) Obtain legal rights of access or property
ownership as required by Env-Sw 1003.03 and, if
applicable, Env-Sw 804.06 and Env-Sw
807.03(d);
(5) Comply with all other pre-construction requirements
specified in the permit; and
(6) After complying with (1) through (5) above,
file a notice of intent to construct as specified in Env-Sw
1104.02.
(b)
For a landfill or other facility constructed in phases over time,
including construction of a landfill closure system, the permittee shall comply
with the requirements specified in (a) above for each new phase of
construction.
Source. #6619-B, eff 10-29-97; amd
by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm
2804.01); ss by #10598, eff 7-1-14;
Env-Sw
1104.02 Notice of Intent to Construct.
(a)
A notice of intent to construct shall include:
(1) Facility identification;
(2) A construction schedule that provides the
following information:
a. The intended starting date of construction;
and
b. The discrete construction activities to be
performed, including:
1. The order in which they will be performed;
2. The projected starting date for each; and
3. The estimated length of time required to
complete each activity;
(3) The name, address
and professional qualifications of the construction contractor(s);
(4) For construction of a facility which is
subject to Env-Sw 1104.06, the name(s), address(es),
telephone number(s) and professional qualifications of the resident engineer
and project engineer as required by Env-Sw 1104.06;
(5) For construction of a facility which is not
subject to Env-Sw 1104.06, the name(s), address(es) and telephone number(s) of the person(s) in responsible
charge of construction activities;
(6) Identification of the plans and
specifications approved for construction, by attaching a copy of the approval
or providing reference to the terms and conditions of the permit wherein the
approval is granted; and
(7) Affirmation that all other prerequisite
approvals and actions, as specified in Env-Sw
1104.01(a), have been satisfied for the proposed construction activity.
(b)
The notice of intent to construct shall be signed by the permittee and
property owner.
(c)
The notice of intent to construct shall be:
(1) Filed with the department in duplicate; and
(2) Copied to the host municipality and district.
Source. #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 2804.02); ss by #10598, eff
7-1-14;
Env-Sw
1104.03 Approval to Commence
Construction.
(a)
Except as provided in (e) below, upon receipt of a complete notice of
intent to construct, a copy of the notice bearing the department's dated
receipt stamp shall be returned to the permittee.
(b)
The permittee shall:
(1) Attach the returned copy of the notice to a
copy of the permit, or section of the permit, which granted approval of the
applicable plans and specifications; and
(2) Prominently display each at the construction
site.
(c)
The returned copy of the notice shall constitute approval to commence
construction as specified in the notice and in accordance with the approved
plans and specifications.
(d)
Approval to commence construction 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, regulations and the
terms and conditions of the permit.
(e)
If the permittee has not satisfied all prerequisites for construction as
specified in Env-Sw 1104.01, the notice of intent to
construct shall not be returned by the department upon receipt and approval to
commence construction shall be thereby withheld while the permittee is notified
and corrects the deficiency.
(f)
The department shall first notify the permittee by telephone of a
deficiency pursuant to (e) above and follow it in writing within 10 working days, if the permittee has not corrected the deficiency in
the meantime.
(g)
Suspension or revocation of a construction approval shall be subject to
the provisions in Env-Sw 306.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.03); ss by #10598, eff 7-1-14
Env-Sw
1104.04 General Construction
Requirements.
(a)
Except for the field changes allowed by Env-Sw
1104.05, a facility shall be constructed in strict accordance with the approved
plans and specifications.
(b)
Construction of a facility shall occur in accordance with standard
engineering and construction practices.
(c)
The permittee shall implement quality assurance controls during
construction.
(d)
Construction of a facility shall not take place during climatic
conditions having the potential to adversely affect:
(1) The quality of the work being performed; or
(2) The performance of the facility or any
component thereof when operated and closed.
(e)
The permittee shall assure that construction practices shall comply with
all applicable labor safety standards including but not limited to the
following:
(1) Regulations administered by the Occupational
Safety and Health Administration (OSHA); and
(2) Statutes and rules implemented by the
(f)
Construction involving the removal or relocation of waste shall occur in
accordance with a site safety and contingency work plan as follows:
(1) The plan shall satisfy all applicable
federal, state and local requirements for protection
of human health and the environment; and
(2) Except as provided by (3) below, the plan
shall be submitted for informational purposes in accordance with Env-Sw 1104.01 including a signed statement by a qualified
professional attesting to the adequacy of the plan; and
(3) Submittal of the site safety and contingency
work plan shall not be required for incidental waste removal such as occurs
during gas vent installation.
(g)
Prior to causing any part of any waste containment, conveyance, processing or treatment system at a facility to become
inaccessible for inspection and repair, the system shall be inspected and
tested to assure that it meets all applicable standards and specifications.
(h)
Following completion of inspection and testing pursuant to (g) above, a
written inspection report shall be prepared, including:
(1) The method of inspection(s);
(2) The applicable test protocol and standards;
and
(3) For a facility which is subject to Env-Sw 1104.06, the professional stamp and signature of the
project engineer to certify that, based upon inspection and testing conducted
pursuant to the approved design plans and specifications and all additional
information known to the project engineer, the applicable facility system has
been constructed in accordance with the approved plans and specifications.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.04); ss by #10598, eff 7-1-14
Env-Sw
1104.05 Design Changes During
Construction.
(a)
During construction of a facility not subject to Env-Sw
1104.06, the permittee may implement a change to the approved plans and
specifications, without explicit department approval, provided that:
(1) The change(s) shall not violate any siting,
design, operating or closure requirement applicable to the facility; and
(2) The change(s) shall be identified and
reported to the department on the record drawings filed pursuant to Env-Sw 1104.07.
(b)
During construction of a facility which is subject to Env-Sw 1104.06, the permittee may implement a change to the
approved plans and specifications, without explicit department approval,
provided that the project engineer:
(1) Determines that all conditions specified in
(c) below shall be met;
(2) Fully documents the change in the bi-weekly
construction report submitted to the department pursuant to Env-Sw 1104.07, or earlier whenever possible; and
(3) Establishes a record of the change(s) so as to allow the change to be identified and reported to
the department on the record drawings filed pursuant to Env-Sw
1104.07.
(c)
A design change shall not be implemented pursuant to (b) above unless:
(1) The change shall not be relevant to assessing
facility siting criteria and maintaining compliance therewith;
(2) The design change shall be functionally
equivalent or superior to the design feature being changed;
(3) Other than the fact that the change is not
explicitly part of the approved plans and specifications, the change shall
comply with all applicable rules and regulations and all terms and conditions
of the permit;
(4) The change shall not require any change to
the facility’s approved operating, closure and
financial assurance plans; and
(5) The change shall not involve the use of
waste-derived products not certified for distribution and use pursuant to Env-Sw 1500.
(d)
For a facility which is subject to Env-Sw
1104.06, a change to the approved plans or specifications which does not meet
the conditions specified in (c) above shall be authorized only by issuance of a
permit modification pursuant to the provisions of Env-Sw
315.
Source. #6619-B, eff 10-29-97; amd
by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm
2804.05); ss by #10598, eff 7-1-14
Env-Sw
1104.06 Project Engineer and Resident
Engineer. A standard permit
facility, emergency permit facility not exempt
pursuant to Env-Sw 313.02(b) and research and
development permit facility not exempt pursuant to Env-Sw
312.02(b), shall comply with the following requirements:
(a)
The permittee shall designate a project engineer to:
(1) Administer the technical aspects of the
construction contract; and
(2) Provide technical coordination of the design,
permitting, and construction issues;
(b)
The project engineer shall:
(1) Be a qualified professional engineer;
(2) Administer all construction contracts;
(3) Approve all construction contract change
orders;
(4) Monitor all inspections and testing;
(5) Provide statements and reports as required by
Env-Sw 1104.05, Env-Sw
1104, and Env-Sw 1105.02;
(6) Maintain facility construction records during
the construction period;
(7) Monitor all construction activities to ensure
compliance with the permit, specifically including the approved design plans
and specifications;
(8) Monitor the scheduling of all construction
activities;
(9) Generate the written status report required
by Env-Sw 1104.07 at the end of each 2 week period; and
(10) Assure compliance with a quality
assurance/quality control plan pursuant to Env-Sw
805.16 if applicable;
(c)
If the project engineer is not present at the site when all construction
activities at a facility are performed, the permittee shall assure that a
qualified resident engineer is present to monitor all construction activities;
(d)
The resident engineer required by (c) above shall:
(1) Be a qualified professional engineer; or
(2) Work under the supervision of a qualified
professional engineer; and
(3) Be experienced in and knowledgeable about the
work he/she shall be overseeing; and
(4) Report directly to the project engineer; and
(e)
The requirements of (a) through (d) above shall not apply if:
(1) The permittee has demonstrated in the permit
application, or the application for a type II permit modification for
construction plan approval, that the nature and scope of the proposed
construction activity(s) shall not require professional engineering oversight
to assure protection of the environment, public health
and safety and to meet other requirements of law; and
(2) The exclusion is approved as a condition of
the permit or permit modification.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.06); ss by #10598, eff 7-1-14
Env-Sw 1104.07 Construction
Reporting and Recordkeeping Requirements.
(a)
The permittee shall submit in accordance with Env-Sw
303, no later than the Wednesday following the end of each 2
week work period during construction of a facility, a written status
report of all construction activities in progress.
(b)
The status report submitted pursuant to (a) above shall include the
following information:
(1) Facility identification, including name,
location by street and municipality, and permit number;
(2) Description of work completed to date;
(3) An amended construction schedule if the
anticipated schedule deviates from the last construction schedule of record;
(4) Design changes implemented pursuant to Env-Sw 1104.05, if any; and
(5) Damage and repair information pursuant to (e)
below, if any.
(c)
Upon completion of each major element of construction involving a waste
containment, conveyance, processing or treatment
system subject to inspection and testing pursuant to Env-Sw
1104.04(g), the permittee shall submit a copy of the inspection report and
engineer’s certification prepared in accordance with Env-Sw
1104.04(h).
(d)
The permittee shall maintain, with the facility operating records
pursuant to Env-Sw 1105.06, all construction related
records required to document permit compliance and to prepare and validate the
record drawings.
(e)
If a facility sustains damage during construction which has the
potential to adversely affect the integrity of facility operations, life
expectancy or performance, the permittee shall:
(1) Inform the department, as soon as practicable
under the circumstances; and
(2) Provide, with the related biweekly
construction progress report, a written damage and repair report detailing the
incident.
(f)
No later than 90 days following completion of construction, the
permittee shall:
(1) Submit in accordance with Env-Sw 303 the applicable facility record drawings, prepared in
accordance with Env-Sw 1103.05 and explicitly
identifying all features different than the features provided in the approved
plans and specifications; and
(2) Provide written certification that the
facility, as-built, meets or exceeds all applicable requirements of the permit
including the approved plans and specifications.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.07); ss by #10598, eff 7-1-14
Env-Sw
1104.08 Interaction with Department
During Construction.
(a)
During construction, the permittee shall provide department personnel
with access to the construction site for monitoring and inspection purposes,
pursuant to Env-Sw 2000.
(b)
During construction, the permittee shall provide department personnel
with access to a construction trailer work station, or
other appropriate on-site work station, for use in reviewing plans,
specifications and other construction-related records.
(c)
During construction, the permittee shall allow department personnel to
attend scheduled pre-construction meetings and other construction-related
meetings with the project engineer or the contractor, or both.
(d)
The permittee shall address all issues of concern that the department
identifies in writing as a consequence of inspecting
or monitoring facility construction activities.
(e)
If an issue of concern pursuant to (d) above involves a determination by
the department that facility construction might not be proceeding in accordance
with the approved design plans and specifications, the permittee shall either:
(1) Voluntarily halt construction until the issue
is resolved; or
(2) Proceed with construction on the basis that
the department shall only grant approval to operate the facility after the
issue of concern is resolved or, if the issue of concern involves the
construction of a facility closure system, on the basis that the department
shall only release the permittee from financial assurance obligations after the
issue of concern is resolved.
(f)
Revocation or suspension of the construction approval shall be subject
to the provisions in Env-Sw 306.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.08); ss by #10598, eff 7-1-14
PART
Env-Sw 1105
ADDITIONAL OPERATING REQUIREMENTS
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.
Source. #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); ss by #10598, eff
7-1-14
Env-Sw
1105.02 Notice of Intent to Operate.
(a)
A notice of intent to operate shall include the following:
(1) Facility identification;
(2) Date permittee intends to commence
operations;
(3) Facility operating hours;
(4) A statement, signed and stamped by the project
engineer for a facility subject to Env-Sw 1104.06 or
signed by the permittee for a facility not subject to Env-Sw
1104.06, that to the best of his/her knowledge, the facility has been
constructed in accordance with the permit, the solid waste rules and the
approved plans and specifications and is fit for operation in accordance
therewith;
(5) 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),
identification of the approved operating plans and approved financial assurance
plan;
(6) For a permit-by-notification facility,
reaffirmation of the existence of the operating plan pursuant to the provisions
of Env-Sw 1202.02(a)(2) and reaffirmation of
financial responsibility for closure pursuant to Env-Sw
1005.08(b);
(7) The name, certificate number and telephone
number of all certified facility operators, in conformance with the
requirements of Env-Sw 1005.06 and Env-Sw 1005.07;
(8) The name and telephone number of the facility
manager or other individual designated by the permittee as being the individual
the department should contact regarding operation of the facility; and
(9) Affirmation that all other prerequisite
approvals and actions, as specified in Env-Sw
1105.01(a), have been satisfied for the proposed operations.
(b)
The notice of intent to operate shall be signed by the permittee and
property owner.
(c)
The notice of intent to operate shall be:
(1) Filed with the department in duplicate; and
(2) Copied to the host municipality and district.
Source. #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 2805.02); ss by #10598, eff
7-1-14
Env-Sw
1105.03 Operating Approval.
(a)
Except as provided in (e) below, upon receipt of a complete notice of
intent to operate, a copy of the notice bearing the department's dated receipt
stamp shall be returned to the permittee.
(b)
The permittee shall attach the returned copy of the notice to the
permit.
(c)
The returned copy of the notice shall constitute approval to commence
operations as specified in the notice and in accordance with the approved
operating plan.
(d)
Approval to commence operations shall be subject to terms and conditions
as necessary to assure that the facility operates in accordance with the
approved plans and specifications, all applicable rules and regulations, and
the terms and conditions of the permit.
(e)
If the permittee has not satisfied all prerequisites for operations, as
specified in Env-Sw 1105.01, the notice of intent to
construct shall not be returned by the department upon receipt and approval to
commence operations shall be thereby withheld while permittee is notified and
corrects the deficiency.
(f)
The department shall first notify the permittee by telephone of a
deficiency pursuant to (e) above and follow it in writing within 10 working
days if the permittee has not corrected the deficiency in the meantime.
(g)
Suspension or revocation of an operating approval shall be subject to
Env-Sw 306.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.03); ss by #10598, eff 7-1-14
Env-Sw
1105.04 Basic Operating Requirements.
(a)
A facility shall operate in compliance with RSA 149-M, all requirements
in the solid waste rules, including those noted in Env-Sw
1101.02(c) as applicable and this part, and the terms and conditions of the
permit.
(b)
As a condition of the permit, the facility shall operate in accordance
with the last approved operating plan record.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.04); ss by #10598, eff 7-1-14
Env-Sw
1105.05 Signs and Postings.
(a)
Legible signs shall be posted at or near each public entrance to a
facility.
(b)
The signs required pursuant to (a) above shall include the following:
(1) The facility name and permit number;
(2) The name, address
and telephone number of the permittee;
(3) The days and hours that the facility will be
open to receive waste;
(4) The type of wastes accepted; and
(5) A statement that unlawful dumping will be
subject to fine and prosecution.
(c)
A copy of the permit, including a complete copy of the last approved
operating plan of record and a complete copy of the last approved closure plan of record, shall
be maintained at a location accessible to facility operators.
(d)
A copy of the authorization page of the permit bearing the permit number
and the authorization signature, shall be prominently displayed at the
facility.
(e)
Current operator certification certificates, obtained pursuant to the
provisions of Env-Sw 1600, shall be prominently
displayed at the facility.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.05); ss by #10598, eff 7-1-14
Env-Sw
1105.06 Facility Operating Records.
(a)
The permittee shall compile and maintain records at the facility which
document all phases of facility operations, including the following
information:
(1) Identification of the facility by name,
location by street and municipality and permit number;
(2) Identification of the permittee by name, address and telephone number;
(3) Identification of all facility operator(s) by
name, address, certificate number, and date(s) of employment at the facility;
(4) Quantity, type, source
and destination of all waste received by the facility;
(5) Quantity, type and
destination of all waste generated by the facility, if any, including bypass
waste and residual waste;
(6) Quantity, type and
destination of all certified waste-derived products produced by the facility,
if any;
(7) Record of inspections, maintenance, and
repairs;
(8) Record of accidents, violations, remedial and
emergency event response actions;
(9) Record of complaints received and related
response actions;
(10) Data from all environmental monitoring
performed at or for the facility, whether required by the solid waste rules or
the permit or undertaken voluntarily;
(11) Documentation of contact with the waste
management district(s) served by the facility as required by Env-Sw 1105.12;
(12) If the facility is subject to 40 CFR 258,
such information and documentation that the permittee shall be required therein
to place into the facility operating records;
(13) Other recordkeeping information and
documentation required by Env-Sw 400 through Env-Sw 800 as applicable based on the functional classification
of the facility; and
(14) Other information and documentation as
required by the terms and conditions of the permit.
(b)
The operating records identified in (a) above shall be maintained at the facility at all times during the active
life of the facility, unless approval is granted pursuant to the provisions for
a type V permit modification in Env-Sw 315 or a
waiver to relocate or destroy the record.
(c)
Operating records shall be made available for department inspection and
copies provided to the department pursuant to Env-Sw
2000.
(d)
Following closure of the facility, the operating records shall be
maintained at a location approved by the department in the closure plan, unless
destruction of the records is approved pursuant to the provisions for a type V
permit modification in Env-Sw 315.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.06); ss by #10598, eff 7-1-14
Env-Sw
1105.07 Reporting Requirements.
(a)
The permittee shall notify the department in writing within 30 calendar
days of any change in the facility address, telephone number, key certified operators and contact person(s).
(b)
The permittee shall file an annual facility report by March 31 for the
prior calendar year for each year that the facility operates and for each year
of the facility’s post-closure monitoring and maintenance period, as follows:
(1) For a facility that received waste during the
reporting year, the report shall contain the information required by Env-Sw 1105.13, except as provided by (3) below.
(2) For a facility that did not receive waste
during the reporting year and is either undergoing closure or has completed
closure excluding completion of all post-closure monitoring and maintenance
obligations, the annual report shall contain the information required by Env-Sw 1105.14, except as provided by (3) below.
(3) Except for facility identification
information, the permittee shall not be required to submit in the annual report
any information specified in Env-Sw 1105.13 or Env-Sw 1105.14 if:
a. The information was already reported in
writing to the department during the calendar reporting year and the permittee
provides a written statement which identifies:
1. The nature of the information already
submitted;
2. The date the information was submitted or the
date on the document containing the information;
3. The title of the document containing the
information, if applicable; and
4. The name of the person who submitted the
information; or
b. The information is unchanged from the previous
calendar reporting year and the permittee marks the item “unchanged from last
annual report” and cites the date of the last annual report that contained the
information.
(c)
The permittee shall report all changes in operational and ownership
control in accordance with the provisions for a type III or type IV permit
modification, as applicable, pursuant to Env-Sw 315.
(d)
Pursuant to (e) below and in accordance with Env-Sw
303, the permittee shall notify the department in writing prior to conducting
the following activities at the facility not specifically authorized in the
permit:
(1) Any activity not regulated by the solid waste
rules but involving a waste listed in Env-Sw 101.03;
and
(2) Any activity that is permit-exempt in Env-Sw 302.03.
(e)
For activities commencing at the facility site after permit issuance,
written notice pursuant to (d) above shall include the following, compiled in
the order shown:
(1) Facility name, location by street and
municipality, and permit number;
(2) A description of the subject activity;
(3) A site plan showing the location of the
subject activity in relation to the permitted facility activities;
(4) The date the subject activity will commence and
the anticipated duration of the activity;
(5) Identification and status of other local, state and federal permits and approvals required to
implement the subject activity; and
(6) Certification, signed by the permittee, that
the activity shall not adversely affect the permitted construction, operation
and closure of the facility as required by Env-Sw
1102.02.
(f)
For activities existing at the facility site prior to permit issuance,
written notice pursuant to (d) above shall be provided in the permit
application by showing the activity on the existing features plan and describing
the activity in the siting assessment.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.07); ss by #10598, eff 7-1-14
Env-Sw
1105.08 Hours of Operation.
(a)
Except as provided by (b) below, all active and routine facility
operations, including waste disposal, facility inspections, maintenance, repairs and monitoring, shall occur between 6:00 a.m. and
6:00 p.m. under normal non-emergency circumstances.
(b)
Regular operating hours outside of the normal 6:00 a.m. to 6:00 p.m.
window specified by (a) above shall be allowed only if:
(1) Approved by the department in the terms and
conditions of the permit based on information provided in an application which
demonstrates:
a. The facility will not successfully operate
within the normal window; and
b. The alternative hours will not result in
problems relating to safety, access control or nuisances; or
(2) The facility is a limited private facility
and receives no waste from off-site locations.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.08); ss by #10598, eff 7-1-14
Env-Sw
1105.09 Receipt and Management of
Waste.
(a)
Only authorized wastes, as specified in the permit, shall be accepted by
a facility.
(b)
Incoming wastes shall be inspected and, if necessary, sampled and
analyzed to assure the facility accepts authorized waste only.
(c)
Unauthorized waste shall be rejected by the facility.
(d)
The permittee shall advise the transporter of a rejected waste as to
potentially available alternative facilities which the permittee believes or
knows to be authorized to receive the type of waste being rejected.
(e)
The quantity of incoming waste, outgoing waste and certified
waste-derived products produced by the facility shall be measured and recorded
in the facility operating records.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.09); ss by #10598, eff 7-1-14
Env-Sw
1105.10 Management of Residual Waste.
(a)
Facility operations shall include provisions to properly manage residual
waste.
(b)
A facility shall obtain and maintain access to at least 2 authorized
locations where adequate capacity exists to handle the type and quantity of all
residual waste, excluding landfill decomposition gas, that the facility shall
regularly generate during its operating and post-closure periods.
(c)
A residual waste shall not be distributed for use unless certified for
distribution and use in accordance with Env-Sw 1500.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 1100); ss by #8459, eff 10-28-05
(formerly Env-Wm 2805.10); ss by #10598, eff 7-1-14
Env-Sw
1105.11 Operating Plan Content and
Format.
(a)
A facility operating plan shall provide sufficient detail to allow the
certified operator and other trained facility personnel to operate the facility
in compliance with RSA 149-M, the permit and the solid waste rules without
further explanation or guidance.
(b)
The operating plan shall be prepared as a loose leaf
document to facilitate amendment as specified in Env-Sw
315.
(c)
Each page of the operating plan shall bear the date of preparation or
last revision, as applicable, and the facility name, location
and permit number, if a permit is issued for the facility at the time that the
operating plan or a modification thereto is prepared.
(d)
The content and organizational format of the operating plan shall be as
follows:
(1) Section 1, titled “facility identification,”
shall identify:
a. The facility name, mailing address, location
by street address and municipality, and permit number;
b. The type of the facility;
c. The capacity of the facility;
d. The facility service type;
e. The facility service area; and
f. The name, address and telephone number of the
permittee, property owner, and operator;
(2) Section 2, titled “authorized and prohibited
waste,” shall provide a list of:
a. The specific waste types the facility which
shall be authorized to receive; and
b. The specific waste types the facility shall
not be authorized to receive;
(3) Section 3, titled “routine operations plan,”
shall provide a detailed description of how the daily operations of the
facility will be conducted to assure that the facility will be operated in
accordance with the solid waste rules, including a description of:
a. Hours of operations;
b. Facility access control and on-site traffic
patterns;
c. Waste acceptance and rejection procedures, including
unloading, sorting and inspection procedures;
d. The procedure by which the quantity and
source(s) of all wastes received by the facility shall be determined and
recorded;
e. The procedure by which the quantity and
destination of all outgoing waste and certified waste-derived products shall be
determined and recorded;
f. The storage time and capacity limits for all
wastes received by the facility and the procedures by which the limits shall be
monitored to assure compliance therewith;
g. All collection, storage, transfer,
processing, treatment and disposal methods and procedures employed by the
facility for managing waste following receipt; and
h. For facilities that process or treat waste, the
methods or procedures for managing bypass waste and
the quality assurance/quality control procedures relating to the management of
processed or treated waste;
(4) Section 4, titled “residual waste management
plan,” shall provide a detailed description of how all residual waste, if any,
shall be managed by the facility, including the information specified in a.
through d. below, or if the facility will not generate any residual waste, a
statement so indicating:
a. The type and estimated quantity of all
residual wastes to be generated by the facility;
b. How such wastes shall be managed at the
facility prior to removal;
c. Information to demonstrate how the provisions
of Env-Sw 1105.10 shall be met; and
d. Quality assurance/quality control provisions,
to assure that the wastes to be transferred shall be acceptable to the
receiving facility;
(5) Section 5, titled “facility maintenance,
inspection and monitoring plan,” shall identify all routine maintenance, inspection and monitoring requirements necessary to assure
the integrity of facility operations, including a description of the measures
to be undertaken to monitor and inhibit the following:
a. Spontaneous combustion;
b. Other fire hazards;
c. Vector production;
d. Generation of methane, hazardous, or
explosive gases;
e. Odors;
f. Dust;
g. Windblown litter;
h Leachate; and
i. Spills;
(6) Section 6, titled “contingency plan,” shall:
a. Identify all reasonably foreseeable
emergencies, such as fire, explosion, operator injury, and the like, based on
the type of facility and wastes being handled;
b. Describe the appropriate response of facility
personnel for each emergency identified in a. above; and
c. Include identification of and telephone
numbers for all local and state officials to be notified in the event of an
emergency;
(7) Section 7, titled “employee training
program,” shall provide a description of employee training program(s); and
(8) Section 8, titled “recordkeeping and
reporting,” shall provide a description of record keeping procedures as
necessary to comply with Env-Sw 1105.06 and Env-Sw 1105.07.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.11); ss by #10598, eff 7-1-14
Env-Sw
1105.12 Interactions with Districts.
(a)
During the active life of a facility, the permittee shall annually
communicate with the host solid waste management district to assure that:
(1) All operating requirements established for
the facility pursuant to the provisions of RSA 149-M:11, XI pertaining to the
requirements of RSA 149-M:11, III(c) and RSA 149-M:12, I(b) are being met by
the facility; and
(2) Facility operations meet other relevant
planning needs and requirements identified or established by the district, to
the extent allowed by the permit.
(b)
The communication required by (a) above may be provided by sending to
the district chairperson a copy of the facility’s annual report with a cover
letter identifying the purpose of the communication and soliciting a response
by district officials concerning the requirements of (a) above.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.12); ss by #10598, eff 7-1-14
Env-Sw
1105.13 Annual Report for Active
Facilities, Content. For facilities
that received waste during the reporting year, the annual report required by
Env-Sw 1105.07(b) shall include the following:
(a)
Facility name, location by street and municipality, and permit number;
(b)
Name, address and telephone number of the
permittee;
(c)
Name, address, certificate number and telephone number of all facility
operators;
(d)
Status of the facility, including whether active or inactive and the
estimated remaining life and capacity of the facility;
(e)
Quantity in tons, type and source of all waste received by the facility,
with out-of-state tonnage figures separately listed and totaled;
(f)
Destination of all wastes received by the facility;
(g)
Quantity, type and destination of all waste
generated by the facility, including bypass and residual waste;
(h)
For processing and treatment facilities producing certified
waste-derived products:
(1) The quantity, type and market destination of
each waste-derived product produced and distributed by the
facility; and
(2) Certification that all waste-derived products
distributed by the facility for use met the applicable
standards for distribution and use pursuant to Env-Sw
1500 or, if not true, a detailed explanation of the situation and actions taken
by the permittee to remedy the problem;
(i) For non-landfill facilities, the estimated
quantity of waste stored at the facility, by type, as of the end of the
calendar reporting year;
(j)
A summary and assessment of environmental monitoring performed at the
facility, whether required by the solid waste rules or the permit or undertaken
voluntarily;
(k)
Pursuant to the provisions of RSA 149-M:11, XI, a discussion of how
facility operations satisfied the public benefit requirements specified in the
permit, if any;
(l) A certification that the
facility is in compliance with:
(1) The facility
operating plan in accordance with Env-Sw 1105.04(b);
(2) Any applicable
requirements of Env-Sw 900;
(3) All
terms and conditions of
the facility permit;
(4) The
requirements of Env-Hw 1100 for the management of
universal wastes, if applicable;
(5) The
requirements of Env-Hw 807 for the management of used oil, if applicable; and
(6) The
requirements of Env-A 1000 for
the operation of a burn pile, if applicable;
(m) If the permittee is unable to certify
compliance with (l)(1) through (6), a schedule for achieving compliance;
(n)
Other information, if any, identified as annual reporting information
in:
(1) Env-Sw 400 through
Env-Sw 800 specific to the type of facility, as
applicable; and
(2) Env-Sw 900 specific
to the type(s) of waste managed by the facility, as applicable; and
(o) The signature required by
Env-Sw 303.04.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2804.13); ss by #10598, eff 7-1-14; amd by #10912, eff 8-22-15
Env-Sw
1105.14 Annual Report for Inactive
Facilities, Content. For facilities
not receiving waste during the reporting year and either undergoing closure or
having completed closure except for post-closure monitoring and maintenance
obligations, the annual report required by Env-Sw
1105.07 shall include the following:
(a)
Facility name, location by street and municipality, and permit number;
(b)
Name and address of the permittee;
(c)
Name, address, certificate number and telephone number of all facility
operators, if applicable;
(d)
Name, address, affiliation and telephone number of the person or persons
responsible for managing all post-closure activities at the facility;
(e)
Facility status, including, as applicable:
(1) Date the facility discontinued receipt of
waste;
(2) Commencement and completion dates for all
construction activities at the facility related to the approved closure plan;
and
(3) Anticipated or scheduled date for completing
all required post-closure monitoring and maintenance activities; and
(f)
A summary and assessment of all environmental monitoring performed at or
for the facility, whether required by the solid waste rules or the permit or
undertaken voluntarily, specifically including as applicable:
(1) Information identified as post-closure annual
reporting information in Env-Sw 400 through Env-Sw 800 specific to the type of facility;
(2) Information identified as post-closure annual
reporting information in Env-Sw 900 specific to the
type(s) of waste that were managed by the facility;
(3) Information concerning emergency events or
other unexpected or unusual events at the facility relevant to assessing
whether the facility is achieving post-closure performance expectations; and
(4) For a facility having post-closure
obligations, an evaluation of the available environmental monitoring data and
other information pertaining to facility conditions, including a statement by a
qualified professional engineer identifying whether the facility is achieving
post-closure performance expectations and whether adjustments to the approved
post-closure monitoring and maintenance period or provisions are recommended in light of the performance evaluation.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2805.14); ss by #10598, eff 7-1-14
PART Env-Sw 1106 ADDITIONAL
CLOSURE REQUIREMENTS
Env-Sw
1106.01 Commencement of Closure
Activities. Prior to commencing
closure of a facility, the permittee shall file a notice of intent to close as
described by Env-Sw 1106.02 and, for any closure
activity involving construction, shall obtain construction approval pursuant to
the provisions of Env-Sw 1104.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2806.01); ss by #10598, eff 7-1-14
Env-Sw
1106.02 Notice of Intent to Close. The notice of intent to close shall include:
(a)
Facility identification;
(b)
Date the facility intends to stop receiving wastes;
(c)
A copy of the facility's approved closure plan or file reference thereto
or, if there is no approved closure plan of record, 3 copies of a proposed
closure plan prepared in accordance with Env-Sw
1106.04 and submitted with an application for a type I-B permit modification
pursuant to Env-Sw 315;
(d)
If the provisions of the last approved closure plan of record are no
longer applicable or no longer conform to the closure requirements of the solid
waste rules, identification of such provisions and revisions in accordance with
Env-Sw 315; and
(e)
The date the facility intends to commence closure activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2806.02); ss by #10598, eff 7-1-14
Env-Sw
1106.03 Basic Facility Closure
Requirements. A facility shall close
in conformance with the solid waste rules and the provisions of an approved
closure plan in conformance with Env-Sw 1106.04.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2806.03); ss by #10598, eff 7-1-14;
Env-Sw
1106.04 Closure Plan, Content and
Format.
(a)
A facility closure plan shall provide sufficient detail to allow a third
party to implement and complete all required facility closure tasks in
compliance with RSA 149-M, the permit and the solid waste rules without further
explanation or guidance or as provided by (b) below.
(b)
For a landfill closure plan prepared before the facility reaches final
grades, the design plans and specifications for the capping system and related
appurtenances shall be considered preliminary and need not provide final design
detail sufficient to allow third party implementation without further
explanation or guidance. However, any
closure plan approved on the basis of preliminary
plans shall include, in the list of closure tasks, provisions for preparing
final design plans and specifications for the capping system and related
appurtenances, as specified in Env-Sw 807.
(c)
The closure plan shall be prepared as a loose leaf
document to facilitate amendment as specified in Env-Sw
315.
(d)
Each page of the closure plan shall bear the date of preparation or
revision, as applicable, and the facility name and permit number.
(e)
The closure plan shall be organized and prepared as follows:
(1) Section 1, titled “facility identification,” shall
provide the facility name, mailing address, location
and permit number;
(2) Section 2, titled “closure schedule,” shall
provide the anticipated date of closure and a closure schedule that sets forth
each discrete activity that will be undertaken to complete facility closure,
the order in which the activities will be undertaken and the estimated length
of time the activity will take;
(3) Section 3, titled “waste identification,”
shall identify all types of waste received or intended to be received by the
facility during its active life;
(4) Section 4, titled “notifications,” shall
provide a description of how notice shall be given to facility users prior to
terminating receipt of waste;
(5) Section 5, titled “closure requirements,”
shall provide:
a. A list of each major closure work task
required to implement and complete closure of the facility;
b. A description of the procedures for
completing all required closure work tasks; and
c. Design plans and specifications for
construction of required closure systems;
(6) Section 6, titled “post-closure
requirements,” shall identify and describe all required post-closure testing,
inspection, maintenance or monitoring that will be performed at the facility
pursuant to the provisions of the solid waste rules and the permit;
(7) Section 7, titled “recordkeeping and
reporting,” shall identify and describe:
a. All recordkeeping and
reporting obligations required of the facility following completion of the
closure work identified in section 5 of the closure plan; and
b. Locations and provisions for storing facility
records, including the operating records, following facility closure;
(8) Section 8, titled “other permits,” shall:
a. Identify all other local, state
and federal permits and approvals required to implement facility closure,
including the implementation of all post-closure monitoring and maintenance
requirements;
b. Identify the status of each permit and
approval identified pursuant to a. above; and
c. For a landfill located on property not owned
by the permittee, include a copy of the written executed access agreement
required by Env-Sw 1003.03; and
(9) Section 9, titled “closure cost estimate,”
shall provide a closure cost estimate prepared in accordance with the criteria
in Env-Sw 1403.02.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2806.04); ss by #10598, eff 7-1-14
Env-Sw
1106.05 Temporary Cessation of
Facility Construction or Operations.
(a)
A permittee shall be deemed to have abandoned the use of a facility if
no wastes are received, processed or treated at the
facility or if development of a facility under construction is discontinued for
a period of 90 days, except as provided by (b) below.
(b)
A facility shall not be deemed abandoned if the permittee provides
written notice to the department identifying the conditions for the temporary
cessation of operation and identifies the provisions for resuming operation or
construction of the facility, including the following information:
(1) Facility name, location by street and
municipality, and permit number;
(2) Activity(s) being temporarily discontinued;
(3) Reason for the temporary discontinuance of
activity(s);
(4) Date activities are anticipated to resume;
and
(5) Provisions which shall be undertaken to
protect the environment, public health and safety
during the temporary discontinuance.
(c)
Following notice of temporary cessation, the department shall notify the
permittee whether additional actions shall be required to secure the facility
and site to prevent adverse impact to the environment, public health and safety, based on information provided in the
notice and other available information concerning the status of the facility.
(d)
Failure by the permittee to take action to secure the facility and site
as specified shall require the permittee to implement closure in accordance
with the solid waste rules and the permit.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 1100); ss by #8459, eff
10-28-05 (formerly Env-Wm 2806.05); ss by #10598, eff 7-1-14
Appendix
Rule Sections |
State Statute(s) Being
Implemented |
|
|
Env-Sw 1100 |
RSA
149-M:6, III; RSA 149-M:7, II, III, XIV; RSA 149-M:9, I, III |
Env-Sw 1105.13(o) |
RSA 149-M:5; RSA
149-M:6, I & III |