Financial Oversight Section

Financial Assurance Program

The financial assurance program was formed to help ensure that permitted solid waste facilites have sufficient funding to close when business operations are terminated.  Rules pertaining to the financial assurance requirements can be found in Chapter Env-Sw 1400 of the New Hampshire Solid Waste Rules.

Who Needs Financial Assurance?

Financial assurance is required of all facilities with the following exceptions:

1. Permit-exempt facilities;
2. Permit-by-notification facilities;
3. Facilities for which the closure cost estimate, prepared in accordance with Env-Sw 1403.02 is $3000 or less;
4. Emergency permit facilities; and
5. Limited private non-landfill facilities.

The amount of financial assurance is:

1. Based on representative current market rates;
2. Based on having a third party perform all required closure and post-closure activities;
3. Based at the point in the facility's active life when closure would be most expensive; and 
4. Based on facility operations being in compliance with permit condtions and applicable laws and rules.

What Documents Do I Need To Obtain Financial Assurance?

Financial assurance can be obtained using one or a combination of financial mechanisms.  The Department has specific wording requirements for these documents and provides model documents  for use in meeting the financial assurance obligations for a facility.
Municipalities using the state approved local government financial test (LOGO) to satisfy financial assurance requirements for an unlined landfill may now use a one-page document to report information.

If you have any questions or require additional information about the Financial Assurance Program, please contact Laura J. Kieronski at (603) 271-0675, or at laura.kieronski@des.nh.gov.