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New Hampshire Department of Environmental Services
PUBLIC GOVERNMENT BUSINESS A to Z LIST

Solid Waste Permitting and Design Review Section
Solid Waste Standard Permit

Purpose
To provide regulatory controls to assure proper construction, operation, and closure of solid waste facilities in order to protect the environment, public health and safety.

Applicability
Applies to most types of solid waste management facilities and all solid waste facilities that accept 30 tons of waste or more per day, including landfills, transfer stations/recycling facilities, and processing/treatment facilities, such as incinerators, composting facilities, and material recovery facilities.

Statute and Administrative Rules
RSA 149-M Solid Waste Management
Env-Sw 314 Standard Facility Permitting Provisions (Env-Sw 300 Permits)

Application
Solid Waste LandfillMicrosoft Word Symbol
Solid Waste Collection/Storage/Transfer Facility Microsoft Word Symbol
Solid Waste Processing/Treatment FacilityMicrosoft Word Symbol

Applicants are required to undergo a background check of all officers, partners, directors, supervisory personnel and individuals holding 10% or more of the applicant’s equity or debt including completing the following forms and submitting them directly to the Department of Justice.
Business Concern Disclosure StatementMicrosoft Word Symbol
Personal History Disclosure FormMicrosoft Word Symbol

Fee
An application fee is calculated according to Env-Sw 310.02.

Processing Time
After the application is deemed complete, 120 days maximum or 30 days after hearing, which ever is longer, as shown in Standard Permit Application Processing Provisions Flow Chart Adobe Acrobat Reader Symbol.

Term/Renewal
Permit issued for the life of the facility.

Modifications/Amendments
There are five types of permit modifications available to modify the terms and conditions of a permit or to modify the physical layout or operation of a solid waste facility.

  • Type I ModificationMicrosoft Word Symbolis the general permit modification type and most modifications will fall into this category. The type I permit modification has two subcategories: Type I-A is for modifications that have the potential to affect the facility’s ability to provide a substantial public benefit per RSA 149-M:11. Examples of type I-A modifications are increasing the design capacity, reducing the operating life of a facility, changing the facility service area and changing the facility operations to a method lower on the RSA 149-M:3 hierarchy. Type I-B modifications are general modifications that do not have the potential to affect the facility’s ability to provide a substantial public benefit per RSA 149-M:11.
  • Type II ModificationMicrosoft Word Symbolis used to incorporate plans and specifications by reference, which are submitted as the result of a specific permit condition. Examples are final design, closure, and operating plans and financial assurance documents.
  • Type III ModificationMicrosoft Word Symbolprovides a list of modifications that require only a notification to the Department.
  • Type IV ModificationMicrosoft Word Symbolis used to transfer the permit to a new permittee.
  • Type V Modification is used to allow facility records to be stored off-site or destroyed. An application is not available at this time and there fore it is necessary to follow the application procedures outlined in Env-Sw 315.09.

Transferability
Type IV Modification is required to amend the terms and conditions of a permit to authorize permit transfer and record a change in the operational control of a facility or ownership of the facility according to Env-Sw 315.02(f).

Appeals
Any person aggrieved by a final decision can appeal to the Waste Management Council in accordance with RSA 21-O:9.

Status of Current Applications
Permit Applications Currently Under Review or Recently Approved or Denied

More Information
If strict compliance with a particular rule would cause a hardship to the permittee or result in an adverse effect on the environment or public health and safety, a waiver to the particular rule may be granted. The applicant must fill out an Application for Waiver and submit any supporting documentation.
Notice of Intent to Construct for a Solid Waste Management FacilityMicrosoft Word Symbol
Notice of Intent to Operate for a Solid Waste Management FacilityMicrosoft Word Symbol
Registration Form for Landfills Not Operated After July 9, 1981Microsoft Word Symbol

Contact Us
Solid Waste Permitting and Design Review Section
Wayne Wheeler at wayne.wheeler@des.nh.gov or (603) 271-5185.

 

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NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm

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