CHAPTER Env-Sw
200 SOLID WASTE PROGRAM: PROCEDURES
Statutory
Authority: RSA 149-M:7
REVISION NOTE:
Document
#8461-B, effective 10-28-05, adopted Part Env-Sw 201, readopted with amendments
and renumbered as Part Env-Sw 202 through Part Env-Sw 203 the rules in former
Part Env-Wm 202 through Part Env-Wm 203 that had contained procedural rules on
solid waste management in the areas of applicability, waivers, confidentiality,
and non-adjudicative public hearings.
Document
#8461-C, effective 10-28-05, readopted with amendments and renumbered as Part
Env-Sw 204 and Part Env-Sw 205 the former Part Env-Wm 204 and Part Env-Wm 205
that had contained procedural rules on solid waste management in the areas,
respectively, of non-adjudicative public hearings and adjudicative hearings.
Document
#8461-B and Document #8461-C replace all prior filings for procedural rules on
solid waste formerly in Chapter Env-Wm 200.
The redesignation from subtitle Env-Wm to Env-Sw was done pursuant to a
rules reorganization plan for Department rules approved by the Director of the
Office of Legislative Services on 9-7-05.
The prior filings for the former procedural
rules in Env-Wm 200 on solid waste include the following documents:
#5172, eff 7-1-91
#6535, INTERIM, eff
7-1-97
#6619-B, eff 10-29-97
#7225, eff 3-31-00
PART
Env-Sw 201 PURPOSE AND APPLICABILITY
Env-Sw 201.01 Purpose. The purpose of the rules in this chapter is
to supplement the provisions of RSA 541-A and Env-C 200 relative to procedures
applicable to proceedings under RSA 149-M and the solid waste rules.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 201.02 Applicability. The rules in this chapter shall apply to all
procedures undertaken pursuant to RSA 149-M and the solid waste rules.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
PART
Env-Sw 202 WAIVER OF SOLID
WASTE RULES
Env-Sw 202.01 Purpose. The solid waste rules are intended to apply
to a variety of conditions and uses. It
is recognized that strict compliance with all solid waste rules may cause
hardship or not fit every conceivable situation. The department therefore establishes these
procedures and criteria to accommodate those situations where strict adherence
would not be in the best interest of the public.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 202.02 Procedures.
(a) Any person who
is or would be directly and adversely affected by the strict application of a
solid waste rule may apply for a waiver thereof.
(b) Each application
for a waiver shall be filed in writing as specified in Env-Sw 303.
(c) Each application
for a waiver shall include the information specified in Env-Sw 202.03.
(d) All waiver
applications which are submitted as part of an application for a permit or permit
modification shall be submitted with such permit or permit modification
application, or as soon thereafter as the need for the waiver is identified by
the applicant or the department.
(e) Applications for
waiver shall be processed in accordance with Env-Sw 304.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 202.03 Application
Content and Format.
(a) The applicant
for waiver shall provide the following information in the application, compiled
in the order listed below:
(1) Identification of the applicant, including
name, mailing address and telephone number;
(2) Identification of the facility or activity to
which the request relates;
(3) Identification of the specific section(s) of
the solid waste rules from which a waiver is sought;
(4) A full explanation of why a waiver is being
requested, including an explanation of the hardship that would be caused by
compliance with the rule;
(5) A full explanation of the alternate
procedure, method, or other activity that is sought to be substituted for the
procedure, method or other activity that is required by the rule from which a waiver
is being sought, including written documentation and data to support the
alternative;
(6) The limit of duration requested for the
waiver, if any;
(7) A full explanation of why the applicant
believes that having the waiver granted will meet the criteria in Env-Sw
202.04; and
(8) Proof of providing notices of filing as
required by (b) and (c), below.
(b) If the requested
waiver relates to a specific facility, the applicant shall notify the abutters,
host municipality, host solid waste district and other affected entities, if
any, as specified in Env-Sw 303.
(c) If the request
is for a waiver to a set-back to a residence or property line, the applicant
shall provide a notice of filing to the affected property owner as specified in
Env-Sw 303.
(d) If the
application for waiver is being submitted as part of an application for a
permit or permit modification, the notice of filing may be combined with any
required notice of filing for the permit application, as specified by Env-Sw
303.
(e) Applications for
waiver shall be signed by the applicant and the property owner as specified in
Env-Sw 303.
Source. (see Revision Note at chapter heading for Env-Sw
200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 202.04 Criteria.
(a) Subject to (b),
below, a request for a waiver shall be granted if:
(1) Exemption from complying with the rule will:
a. Not result in an adverse effect to the environment
or natural resources of the state, public health or to public safety;
b. Not result in an impact on abutting
properties that is more significant than that which would result from complying
with the rule; and
c. Be in keeping with the intent and purpose of
the rule being waived; and
(2) One or more of the following conditions is
satisfied:
a. Strict compliance with the rule will result
in an adverse effect on the environment, public health and safety;
b. Strict compliance with the rule will result
in a circumvention of the goals and objectives of the state’s solid waste
management program, as specified in RSA 149-M:1 - 3 and the state solid waste
management plan; or
c. Strict compliance with the rule will provide
no benefit to the public and will cause an operational or economic hardship to
the applicant.
(b) Economic,
technological, practical application and safety issues shall be considered in
evaluating a demonstration of the above criteria; however, the application of
rules shall not be weighed solely on the basis of cost.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 202.05 Decision
on the Application. The department
shall make a decision on an application for waiver in accordance with Env-Sw
305.
Source. (see Revision Note at chapter heading for Env-Sw
200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
PART
Env-Sw 203 CLAIMS OF
CONFIDENTIALITY
Env-Sw 203.01 Purpose. The purpose of this part is to provide a
mechanism by which a person who submits information to the department can
protect confidential business information or trade secrets.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
Env-Sw 203.02 Procedure. Subject to Env-C 208.05, any person
submitting information to the department may make a claim of confidentiality
for all confidential business information, or any part thereof, pursuant to the
criteria and procedures of Env-C 208.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-B, eff 10-28-05; ss by #10594,
eff 7-1-14
PART
Env-Sw 204 NON-ADJUDICATIVE
PUBLIC HEARINGS
Env-Sw 204.01 Applicability. Non-adjudicative public hearings shall be
held in the following cases:
(a) When proposing
to adopt solid waste rules;
(b) Before
initiating eminent domain proceedings, pursuant to RSA 149-M:21, III;
(c) To receive oral
public comment on a permit application pursuant to Env-Sw 304;
(d) For any matter
that is not a contested case for which the department is required by law or by
the solid waste rules to hold a hearing; and
(e) For any matter
normally not requiring public participation but deemed by the department to have
significant public interest.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-C, eff 10-28-05; ss
by #10594, eff 7-1-14
Env-Sw 204.02 Procedure. The procedures for a non-adjudicative public
hearing shall be as specified in the provisions of Env-C 200 that are
applicable to non-adjudicative hearings and Env-Sw 304.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-C, eff 10-28-05; ss
by #10594, eff 7-1-14
PART
Env-Sw 205 ADJUDICATIVE
HEARINGS
Env-Sw 205.01 Applicability. An adjudicative hearing shall be held by the
department in the following cases:
(a) To give a
permittee or other affected party an opportunity to show cause why the
department should not proceed with a proposed decision to suspend or revoke any
permit under RSA 149-M and the solid waste rules; and
(b) In any other
case that is a contested case as defined by RSA 541-A, provided however that all proceedings
relative to applications for permits shall be non-adjudicative proceedings
under RSA 541-A:29, II(a) until such time as the department issues a final
decision on the application.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-C, eff 10-28-05; ss
by #10594, eff 7-1-14
Env-Sw 205.02 Procedure. The procedures for an adjudicative hearing
shall be as specified in the provisions of Env-C 200 that are applicable to adjudicative hearings.
Source. (see Revision Note at chapter heading for
Env-Sw 200) #8461-C, eff 10-28-05; ss
by #10594, eff 7-1-14
Appendix
Rule Section(s) |
State Statute(s) Implemented |
|
|
Env-Sw
201 |
RSA
149-M:7; RSA 541-A:16, I(b) |
Env-Sw
202 |
RSA
541-A:16, I(b); RSA 541-A:22, IV |
Env-Sw
203 |
RSA
149-M:7; RSA 541-A:16, I(b) |
Env-Sw
204 |
RSA
149-M:7; RSA 541-A:16, I(b) |
Env-Sw
205 |
RSA
149-M:7; RSA 541-A:16, I(b) |