) , State of New Hampthl~

DEPARTMENT OF E~IRONMENTAL SERVICES

WASTE MA.'OAGEMENT DIVISION

6 Huen Ori\-e, Concord, NH 03301-6509 603-271"2900

ROBERT W. VARNEY

''"''"'""' JOHN •\:~HIELLO

MICKA!La:u. =or:· D .. P.E.

Seotember 2o. ' \9'JgC 'B i V E' fl

Mr . Merr11 Hohman Waste Management 01vts1on USEPA JFK Federa 1 Bldg . Boston, MA 02203

Re : Auburn Road Superfund S1te

Dear Mr. Hohmn:

SliT L 2 89

.i.l3Tt MANAGEMENT DIVISION

As part of the State Applicable or Relevant and Appropriate State Aequtrt~~ents (ARARs) develoPtHnt for the Auburn Road landfill NPL stte in londonderry, NH. Your staff has requested a sunnary of our state policy on solid waste landfill closures.

As previously stated the environmental perfomance standards tn our rules are contained 1n Sectton He-P1901.5(a)(2) (copy attached) wtltch prohtbtt d1scha'1JeS that violate state or federal surface water or groundwater rules. In thh reqard, our state groundwater rules WS 410, also require that fac11tttes do not discharge contarwinants to the groundwater which pose a rhk to the public health and the environment .

It has been our agencies consistent pos1t1on that so lid waste landfills must be covered with an impervious cap at closure to prevent adverse discharges to the groundwater . The cap must also be maintainable during the closure period .

The following solid waste fa c1l1t:¥' closures have included synthetic plastic caps:

Turnke:¥' landfill of Danbury Weare l andfi ll (Phase 1) Franklin River Road landfill Derry Landfill

Danbury, NH Weare, NH Franklin, NH Oerr)r', NH

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If vou have any furth er questions on our so ltd waste closure pol1cy , please contact me or Michael A. Si lls , Ph .D, P. £., Chier Enginee r of our Waste Munaqemenl 01v1sion.

Si ncerely,

.Mo~~ Assi nt Corrm1ssioner Director, Waste Management Division

GAM/MMP/,jd/08460 cc: Michael A. Sills, Ph.D., P. L, OES-WMO

Carl W. Baxter, P.E., D£S-WMEB Geoffre.v M. Hunington, NHAGO Chester Janowski, USEPA- Region I

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State of New Hampshire

DEPARTMENT OF ENVIRONMENTAL SERVICES

SOLID WASTE RULES

Waste Management Division Second Edition Published Moy, 1989

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Chapter/Part He-P 1901.01 - He-P 1901.11

These rules are published in looseleaf form fn order that they may be amended as frequently as necessary. If you wfsh to receive updating supplement pages. you l!liSt fill out thfs form and return 1t as indicated below. In thfs way you will automatically be added to the agency'o; list of permanent subscribers for thfs set of rules.

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Name--------------------Street Address -----------------

City/Town------------------­

State----------- Zi p ------

Send thfs sheet t o:

NH Oepart::Jitnt of Envfro~Wental Services Waste Manage.ent Division Health and Welfare Building Concord . New Halltpshfre 03301 -6509

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He-P 1901

State of New Hampshire's SOLID WASTE RULES, 2nd Edition

Published May, 1989

,--..., This edition of the SOliD WASTE RULES supersedes all prevto~~ editions

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For information concerning these regulations contact:

N.H. Department of Environmental Services Waste Managetaent Division Health and Welfare Building 6 Hazen Orhe COncord, NH 03301-6509 ( 603) 271-2900

(This is printed on recycled paper)

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1619j

Chapter 202 of the 1986 New Hampshire Legislative Session established the Department of En-vironmental Services . The Department is c01nprised of four d1Yfsfons:

1) Waste 14anagement Dhisfon • formerly the Office of Waste lianagement, Dhf sfon of Public Health Services. Departtlcnt t1f Health and Welfare.

?.) Water Supply and Pollution Control Dfvfsion - formerly Water Supply and Pollution Control COI'IIIIfssfon .

3) Afr Resources Ofvisfon - formerly Air Resources Agency.

4) Water Resources Dfvfsfon - fonnerly Water Resources Board .

As such, when the Solid Waste Rules refer to the "office.'' it means the "dhisfon.• \1nei1ff'S'iys-i"dllinfstrator, • read "director." Also. when the Rules make reference to the Water Supply and Pollution Control Coa.isslOn""ind the Air Resources Agency . please note the na.-e changes listed above.

NEW HAHPSHIRE CODE OF ADMINISTRAllVE RULES

TABLE OF CONTENTS

PARI He- P 1901 SOLID WASIE RULES Section He - P 1901.01 Applicab111ty Section He -P 1901 .02 Authority Section He-P 1901 .03 Oef1ntt1ons Section He -P 1901 .04 Pem1tt1ng Procedures for Solid Waste Fac111tles Section He -P 1901 .05 Standards for Solid Waste Fac111t1es Section He -P 1901.06 Sanitary Tank lruck Permits Section He -P 1901.07 Inspection and lnforcement Sectton He -P 1901.08 Infectious Waste Disposal Section He -P 1901.09 District Plans Section He -P 1901.10 Hear1n!IS Section He -P 1901.11 Solid Waste Management 01slr1cts

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) NEW HAIIPSHIRE CODE Of ADMINISTRATIVE RULES

PART He- P 1901 SOLID WASlE RULES

He -P 1901 .01 ~ll · These rul es apply to all waste management fac111tte s 1nclud1ng, but not Hmt t ed to , storage and disposal fac111t1es, transfer stattons, 1nc1 neratton and resource recovery fac11 1t1es and seotage and s ludge disposa l fac 11 1ties .

He ·P 1901.02 rurt!lQ!:!U.

Source . #2333, eff 3 -31 ·83 ; ss by #2895, eff 10-30-84

(a) Rules for contro111nq solid wa st e management and dis po<;a l tn the state of Hew Hampsh i re are hereby est abli shed by the solid wa s te manaq entent board under authority granted by RSA 149-M:B, IV .

(b) liiiP1etDentat1on . and Enforcen~ent of the rules 1s delegated to the office of waste .anagentent under authority of RSA 149 -M:J, t.

(c) Purpose. The purpose of these rules 1s to :

(1) Prescribe requtre~~ents, 11•1tat1ons, and procedures for storing, transferring, processing and disoostng of solid waste in New HaMPshire;

(2) Pr0110te solid waste ~~anagen~ent practices that Miniralzc dangers to public health and the environment:

(3) Encourage regional cooperation and ~~anagt~~ent practices consistent with the Hew HaMPshire solid waste ..anagen~ent plan:

(4) f.ncoura!le conservation and recovery of natural resources . consistent with the New HantPsh1re solid wa s te raanage~~ent plan .

Source ~ 12333 , eff 3 M31 -83; amd by #24M, eff 9- S- 83 ; ss by #2895 , eff 10-30 ·84

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NlW HAMPSH!Rl COOl Of AOMINJ STRAI!Vl RUllS

He -P 1901.03 .!!!.fJn.!!.i2..!1!-

(a) •Abutters• means any person who owns property ad.1 acent to t he propertv on which a so11d waste fac111tv will be pem1tted or across a road, a rai l road, or a stream from the fac1 1H:v .

(a.l) •Administrator• mea ns the administrator of the office of waste management .

(a.2) •Approved fac11itv• mea ns d fac111ty with a vali d germtt frOf'll the office .

(b) •Aqu ife r• means a geological fomat ton , group , of fomat lons, or part of a fo rmat ion, that ts capable of yielding usable quant i ties of qroundwater.

cC> •ease rlood • 111eans a r1ood that has one percent chance or being equalled or exceeded in any g1ven year (or a flood of a mun1tude equalled or exceeded on the average of once 1n 100 years . )

(d) •sest techn ical .1udg~~~ent • ~~tans the .1udg~~ent of qualified technical personnel on the best way of achieving specific health and env1 ron..enta 1 perfonaance standards. Best technica 1 .1udgr~ents specify design and operating require.ents and are .ade in 11eu of specific un1fon1 require~~ents when site-specific consideration should be taken into account.

(e) •aoard • ~~eans the solid waste 111nage.nt board as established by RSA 149 -M : ~ .

(f) •sulky waste• ~~eans large itms such as appliances, furniture, large auto parts. tires, and tree stUIIPS that cannot be handled by nonaal o; o11d wao; le process ing, collection and disposal methods .

(q) Reserved .

(h) •cen• means an area enclosed by at least three walls and a base in which solid was te 1s depos ited , c~acted . and covered so as to mi nimize contact and mh.1ng of depos ited solid waste .

(1) •closure• ~~eans the procedu res used to close a solid waste faci l ity, or por tion thereof , t n order t o • in1m1ze fu t ure r isks of envi ronmenta l dalll!le . Closure NY i nvol ve remova l of equ ipr~en t. slope and soil stabilization , plattflf!nt of fina l cover 111ter1a1, seedi ng, and other activ1tles necessary to protect pu blic health and t he environment.

(.1) •construction debris and demolition waste• means non-outresctble waste building materials and rubble .

(k} •cover matertaP means soil or other suitable material used to cover tOIIII)acted solid waste .

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) NEW HAMPSHIRE COOE Of AOHlN!SlRAllYE RULES

{1) •oa11y cover• means cover material placed on top of exposed solid waste at a sanitary or single purpose landfill or other land di sposal sHe at least at the end of each working day .

(1.1) •Demonstration• means an act of showing or displaying .

(m) •oisposal • means the discharqe, dumpinq, deposit, in jection, spilling , leaking, or plac1nq of any solid waste into or on anv land or water so that such solid was te or anv constituent of il may enter the environment, be emitted into the air, or be d1 scharqed into any waters, includ1nq fl roundwater .

(n) •o1str1ct• means a so l id wa s te di strict a'.i establ \shed by RSA 149 -M:lB to promot e area planning for, and cooperat\ve efforh in, ,..a ste management.

(o) •o1str1ct plan• n~eans the pl an developed for waste manaqement within a district , and approved by the board .

(p) •Endanqered or threatened s pecies• means any species c l a\c;Hied a\ such pursuant to the Federal Endange red Species Ac t.

(q) •Environmental performance standards• means spec if \c desiqn a11d operating standards, based on federal and state environmental standa rd \ , referring to the tolerance 11n~its on environmental contamination thJt the solid wa s te fac i lity must not uceed.

(r) •Existing solid waste fJc111ty • n~eans any soli d waste fa cility, or portion thereof, that has received approval to operate by the offic e as of the effective date of these regulations. or that has operated l egally ,.:Hhout need of office approval as of the effective date of these regulationo;.

(r . l) •Experintent• an ope rat i on employed to reso lYe uncertainty.

(s ) •fi nal cover• means the cover material that 1s placed on sanitary or s ingl e-purpose landfil l s or other land disposal si tes and that (l) 1nh1b1ts percolation of water through the underlying so l id waste, (2) n~1n1t~1zes surface c rack. inq of the outer layer of the cover , (3) is used to support vegetation , and (4) is s loped to avoid stand1nq water.

(t) •floodplain• means the land area adjoin l nq inland and coas tal waters and capable of beinq inundated by a base flood .

(u) •Groundwater• means water below the land 'i urface in the zone of saturation .

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NE.W HAMPSHIRE. CODE Of ADMINlSTRAllVE RULES

(v) •Hazardous waste• means a solid, sem1-so11d, 11Qu1d or contai ned gaseous waste, or any combination of these wastes which, because of either Quantity, concentration, physical, chemical, or infectious character1sttcs may cause or contribute to an increase of irreversible or 1ncapac1tat1nq reversible · illness, or pose a present or potential threat to human health or the environment when improperly treated, stored, d1soosed of, or otherwise mismanaged; or has been 1denttf1ed as a hazardous waste by the office of waste rMnagement using the criteria established under RSA 141 -A. Such wastes do not include radioactive substances that are regulated or controlled by the At0111c Energy Act of 1954, as amended .

(w) •Hearing• means the opportunity for the submtsston of written or ora 1 cOftlllents or both .

(x) •tnfecttous waste• nteans any waste wtlich because of its infect tou\ nature may cause or significant ly contribute to an increase 1n 1110rlalttv or an increase tn seri ous irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to h~.~~an health or the environ~~ent when iiiiJlroperly treated , stored, transported , d1sposed of or otherwise Nnaged .

(y) •t•inent hazard• ~~eans any condition or practice which presents a substantial and 1nned1ate threat to hUIIiln health or the environntent.

(Z) •tnctnerator• ~~eans a device engineered to burn solid waste under controlled conditions.

(z . l) •Innovattve• flll!ans characteriZed by or productive of new things or new ideas .

(aa) •tnterntedtate cover• ~~eans 12 inches of i110ervtous cover raatertal on a portion of a santtarv landfill or a single-purpose landfill or other di sposal stte that ren~~tn s inacttve for a month or longer .

(ab) •tns1 gn1f1cant effect on environmental quality• Mans the mtntmal effect of a solid waste fac111ty on groundwater, surface water , or publ ic health either for the short tem or the long term . Exaii!Ples of these types of facilities are brush and stump landfills, den10 lition debr1s landfill, etc.

(ac) •Lagoon• means a lined or unlined pit or excavation designed to receive septage or sludge.

(ad) •Land application• raeans the application of septage or sludge directly to the soil and incorporation tnto the surface sotl.

(ae) •Leachate• means a 11qu1d that has been 1n contact wHh solid waste and has extracted, d1ssolved, or suspended materials from tt .

He·P 8-88

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) HEW HAMPSHIRE COOE OF AOMlNISTRAllVE RULES

(af) •utt• means a layer of compacted solid waste in a san1larv or single purpose landfill or other land disposal site.

(ag) 'liner• means an impermeable barrier either natural (i.e. clay) or raan-raade (e.g . plastic). used to inhibit the movement of overlv1nq waste fr0111 a landfill area and to impede the flow of leachate or mitigate 1ts effects.

(ah) 'Lower explo\ive 11m1P means the lowest percent volume of a mixture of explosive gas and air that will 1qn1te at 250 C rmo f-) and atmospheric pressure .

(a1) 'Manure• mtans animal feces and urine with or without natural organic beddiM materials such a-. hay , sawdust. straw or wood chip\, but exclusive of human waste .

(a.1) 'Monitoring wen• means a well used for the purpose or sampl1nq groundwater.

(a.1.1) •New idea• means a method for makinQ, doing or ac compl hhlnq s011ething which shows a marked departure from previous practice .

(ak) •New solid ... ·aste facility• n~eans any so l l d waste fa c1 1Hv. or portion thereof , that does not qualify as an existtng solid waste fac t11tv.

(al) •Nonpoint sou rces• of pollut ion are pollution sources that are diffuse by nature, 1.e . thev do not nor~~allv enter surface waters bv discrete conveyances (as do point sources). Nonpo1nl sources of pollution generally result fro. activities associated with agriculture, silviculture , minlnq of sand and gravel , urban storm runoff , urban and rural const ruction, s ub surface disposal systeiiS, deleing sa lts from highways, and sl udge, septaqe and solid waste di s posal on the land .

(al . l) •office• means the office of waste management, division of publi c health services. department of health and welfare .

(am) •open burn toq• means the burning of solid waste In the open, not In any enclosure, where the products of combustion are emitted directly into the atmosphere without passing through a stack or chimney.

(an) •operator• means a person who operates and maintains the so lid waste fac111ty In conformance with regulations and permit conditions.

(ao) •ewner• means a person who owns a solid waste ractlitv or part of a fac111tv .

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) 0500158

NEW HAMPSHIRE COOl Of ADMINISTRAl!Vl RULES

(ap) •Permit holder• means a gerson to whom a permit to operate a so lid waste fac111tv 1s issued and who 1s responsible for operation and ma1nta1nance of a solid waste fac111tv 1n confonnance with rules and pemit cond1t1ons.

(aq) •Person• means any 1nd1Y1dual , partnership, corporation , governmental unit or agency, or any combination thereof.

{aq.l) •Private sector• means a part icular person or group as opposed to the public or the government, being a d1st1nct1ve part of the state economy and the national economy .

(ar) •Processi ng fac111ty• means any combination of structures or devices used to reduce the volume of solid waste or alter its chemical or phy'i1cal state, through processes such as themal treat~~~ent, baling, shredd1M. and conpact1on .

(as) •Putrescible material' ~~eans any organic ~~ater1a1 that can deCOIIIPOSe and give r1se to foul Sllll! ll S and noxious byproducts.

(at) •RecyclinQ facility• means any place. equipment. or plant designed to collect. store. process. and redistribute separated solid waste so as to return aater1al to the llarketplace.

(at.l) •Research and development facility• ~~eans a place such as a private sector laboratory. or a laboratory under the control of a University, where studious inquiry, investigation or exper1n~entatton ain~ed at the d1scoverv and interpretation of facts 1s carried out . Oevelor-ent of 1nnovat lve eQUiP~~tnt and grocess proceed thereafter based ugon the exper1r~~ental results to bring a piece of equ1PMnt or process into be1RQ .

(au) •Resource recovery facility• ~~tans any place, eQuiPIIIent, or glant designed to separate or process solid waste into usable secondary .atertah or products including fuel and energy.

(av) •Runoff• ~~~eans the liqu1d that drains frOfll an area as surface flow.

{aw) •Salvaging• Mans the controlled re110val of waste materials from a solid waste fac111ty for reuse .

(ax) •sanitary landfill' ~~~eans a ~~~ethod of disposing of refuse on land without creat1nq nuisances or hazards to public health or safety, but ut111zinq the principles of engineering to confine the refuse to the smallest practical volu~~e. and to cover 1t with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary.

{ay) •septage• Mans the solid, sem1-sol1d, or liquid waste material fr0111 septic tanks or other sewaqe storage units excluding sewage sl udge from publtc treatment works .

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NlW HAMPSHIRE COOl Of ADMINI STRAllVl RULES

(az) •single-purpose landfill • means a landfill that is used for the so le purpose of disposi ng of non -putrescible wastes, such as construction debris, stu...,s. or asbestos wastes .

(ba) •sludg e• means any sol id, sem1 -so11d, or liQuid wast e material generated by a municipal , conwnerc1al. or industrial wastewater treatment plant, water supply treatment plant , or air pollution contro l fac111tv. or any other such waste material ha vi ng similar characteristics and effects.

(bb) •solid waste• means any maHer consisting of pulresc tble materia 1; refuse: septaqe; s 1 udge from waste treatment works , wa ler supp 1\1 treatnlent works, or air pollution control facilities; and other discarded or abandoned materia l. It i ncl ud es so l id , l iQuid, semi-solid, or conta ined gaseous material resulting from 1ndustr1al , cOITITle rc1al, min1nq , and a!lricultural operations , and from corrmunit:¥" activ i ties. For the purpose of these rules, it does not include ha zardous wa stes as defined in RSA 14l ·A:2. solid or dissolved ..ateria ls in irrlqation return flows: or IIUnicipal and i ndustrial discharges which are poi nt sources sub.1ect to pem1ts und er section 402 of the Federal Water Pollution Control Act , as amended; or source, specia l nuclear or by -·product material s as def ined by the Atomic Energ)f' /let of 19!to1, as a.ended .

(be) •solid waste facilitv• means a loc.J tion or sys te111 for: rtsource recovery; ret)f'tling; coll ection, source separation, storage, transportation, process ing, treatment, or di sposal of solid wa s t e. ~or purposes of these rules, hazardous waste facilities are excluded .

(bd) •storage• .eans the inte rim conta inment or placement of wa s t es after !leneration and prior to disposal or processing.

(be} •surface water• ~~eans streams, lakes, ponds , and tidal waters w1th1n the .1urisdtction of the sta te. i nc luding all st reams , lakes or ponds bordering on the state, marshes , water sources. and other bod ies of water, natural or artificial.

(bf) •Transfer s tation• means a solid wa ste facilitv that h a central collection point , where so l id was te is received and transferred to another container for removal to another solid waste facility .

(bf.l) •universitv• means an institute of hiqher lea rninq provi dinq facilitie s for teachinq and re sea rch and authorized to qrant academic deqrees .

(bq) •vector• means an:¥" orqanhm such as a rodent or insec t , that 111:¥" transm1t disease from one person or animal to another person or anima l .

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NEW HAMPSHIRE CODE OF AOM!NlSTRATlVE RULES

(bh) •wetland• ~neans an area that 1s inundated or saturated by surface or groundwater to a frequency and duration sufficient to support a prevalence of vegetat1on or aquattc life that is typically adapted for life 1n saturated or seasonally-saturated cond1t1ons.

(b1} •wort.ing face• n~eans the portion of a solid waste disposal sHe where the so11d waste is depos ited, spread , tOIIPatted, and covered .

Soun:e. #2333 , eff 3-31 ·83; alld by #2464. eff 9-5-83; ss by #2895 , eff 10-30-84; alld by 14472, eff 8-17-88

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) NEW HAMPSHIRE COOE Of AOM!N!STRAT!V[ RULES

He -P 1901.04 Permitting Procedures For So11d Waste Facilities.

(a) Aop11cab111ty . All solid wa s te fac111tl es in the sta te of New Hampshire except thos e specifi ca lly exempted by RSA 149- M: lO shall obtain a permit fr«n the office in order to operate.

(b) Permit issuance and renewal . The office shall issue a permit spec1fy1ng the terns and conditions of the operation of the so l id waste facility as authorized under RSA 1-49-M:ll, l.

(c) Compliance. The permit holder shall comply wilh all the conditions of the permit and all the applicable s tandards and reQulrrm('nt s of these rules.

(d) Fees . lhe fee shall be paid by check, made out to: lreasurer, State of NH-S .W.

sanitary landfills $1.000.00 Incinerator facilities 500.00 Septage disposal sites 250.00

Resource recovery facilities 11.000 .00 Sludge disposa l sites 250.00 Special non -hazardous indus -trial waste landfill 1,000.00

(e} Transferability of pem1ts . A pem1t may be transferred to a new pem\t holder provided the office receives notification of such in writing 60 days in advance of the date of transfer. This notification shall include a staten~ent that the new owner 1s aware of the operatinq plan and a ll state requ1re.ents applicable to the facility.

(f} Existing facilities. Existing facilities shall be deemed to have a va11d operating permit , provided they tweet the provisions set forth below . Ho pemit fee shall be chanqed with respect to an existing facility.

(1) Each existinq facility to be operated shall be eva lua ted using the standards for so lid waste facilities contained In He P 1901 .0!> as criteria.

a. Facilities in compliance with He ·P 1901 . 05 ma)l' continue to operate with no modifications to the permit.

b. Facilities not in compliance with He - P 1901.05 shall so not 1 f)! the office and sha 11 submit a comp Hance schedule and closure plan within 90 da)l' s of the effective date of th is rul e. The compliance schedule sha ll identify the s teps that shall put the faci11t)l' into compliance with these ru l es within a reasonable period of time aud ~ha ll specify the date by whic h each of the s teps shall be completed . Once approved. the compliance schedul e and closure plan shall become conditions or t he permit .

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HEW HAMPSHIRE CODE Of ADM!NISTRAT!YE RULES

c. The pem1t holder shall be granted an opportunity to be heard under RSA 149-M:ll , 11 prior to the s uspension or revocal1on of the pem1t .

( 2) Within 30 days of receipt of a compliance sc hedule or closure plan, the offi ce shall determine 1f the schedule or plan h complete and notify the permit holder of its decision.

(3) Review of compliance schedules and closure plans.

a. Public agency c00111ents . Upon determining that a schedu le or plan 1s complete, the office shall notify appropriate public agencies and request their connents. The office MY consider that any agency not tOII'II'Itnt1ng within 30 days has no ob.1ect1on . Upon written request extensions to this t011111ent1n!l period !lilY be granted by the office.

b . Public connents and heari ng . Upon detem1 n1ng that a schedule or plan is COIIIPlete, the office shall notify the public that such document(s) are available for a 30-day c01nent period . During this period any person lilY 111ke written conn~ents to the office and may request a public hearing be held . Within 15 days of the end of the c01111ent period , the office shall detem1ne whether a public hearing is appropriate based on connents received and other available infomat1on . If a hearing 1s to be held, the office shall notify the public of the topic, tilllt, and location of the hearing at least 30 days prior to the hearing date .

c . Evaluation . Within 30 days after the public ca.nent period or within 30 days after the public hearing, if one 1s held , the office shall eva luate the COIIP lete schedule or plan , all c011111tnts received, and all 1nfomat1on received at the hearing . ·

d. Decision . Prior to the expiration of the 30 day eval uation period, or prior to the expiration of 120 days frm the date the application was deenaed complete, whichever is earlier, the office shall either approve, 1110d1fy, or deny the cOIIIPliance schedule or closure plan. Written notice of the office's decision shall be sent imediately to the pemittee and the district . If the schedule or plan is modified, or denied, the office•s written decision shall include a statement of the specific reasons for the modification or denial. If the schedule or plan 1s denied, the decision shall state a date by which a revised schedule or plan shall be submitted.

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NEW HA!IPSHIRE CODE OF ADMIN IST RATI VE RULES

( ~) Hew fac111ttes. Thi s paragraph shall not app l y to those fac1 1itles whose applications have been deemed to be substantia ll y comolete by the office prior to t he effective date of t hese rules. Applicants for permit for new fac111tles proposed after t he effective date of these rules may app ly for such a oemtt at any time .

( 1) Application Information sha ll be submitted tn triplicate and shall include, but not be limited to, the followinq:

a. Facility name , location, and ma111nq address;

b. Names, mailing addresses and telephone numbers of tlie permit holder, owner, and opera t or:

c. A descri pt ion of t he fac il ity, i t s i nt ended capacity and site 11fe , and types of wast e t o be handl ed;

d. A li st of all local and other st ate permits or approval s , granted or needed for the facility;

e . A copy of whatever legal noti ce wa s prepared for t he abutter' s notH 1cat ion and ver Hicati on tha t the abutler received notU1cation ;

f. A hydrogeolog i cal report which shall inc lude the pertinent infonaation relative to groundwater depth; gradient: Quality etc ., bedrock data ; hydraulic conductivity; surface waters; interaction of groundwater with surface waters, as wtll as with pu bli c and pr ivat e water supplies , (ref. pg, 5 N. H. so11d wa s te gui delines · July - 1981):

g . Pre11•inary fa cility design plans and spec if i cati ons. Including, but not li 111ited to , contours, fa cil1tv layout, s i ze of facility , type of waste ;

h. Facil ity operati ng plan which w111 i ncl ude , but not be l i mi t ed t o, hours of operation , sequences of operations, ntethod of operation, equipment, pe rsonnel. conligencies, and monitori ng plan:

1. A closure plan which includes lonq tenn qroundwater fl0n1tor1 ng, gas monitoring, and munitor1nq of final cover and vegetation;

.1. A discussion of how the facility will complv with the general and applicable spec Hie standarrls in Part He ·P 1901.05.

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k. Such other information as the office deems necessary to assure compliance with these rules and to protect human health and the environment .

(2) Application acceptance . Within 30 days of the receipt of a pem1t app11catton, the office shall detem1ne 1f the app11catton 1s complete and notify the applicant in wr1t1n~ of its decision .

(3) Application review .

a . Public agency c011111ent . Upon determining that an application 1s complete. the office shall notify appropriate public agencies and request their c011111ents. The office may consider that any agency not connent1 ng w1th1n 30 days of not1f1cat1on has no ob.1ectton to t he proposed fac111ty. Extension to th1s connentt ng period lilY be granted by the office.

b. Public connents and hearing . Upon determining that an appl ication is complete , the office shall notif y the public that the applicat ion is available for a 30-day public connent peri od . During this period, any person llaY ~~ake written ca.ents to the office and fillY reQuest that a public hearing be held . Within 15 days 1f the office determines that a public hearing 1s appropriate, based on c~nts received and other available infor~~~tion, it shall not1fy the public of the topic , t1•. and location of the hearing at least 30 days in advance. This notice IIUSt be published in a newspaper having general circulation within the town.

c . Evaluation . Within 30 days after the public conment peri od, or within 30 days after the public hea ri ng 1f one 1s held , the office shall evaluate the application , all connents received, and all 1nfonnat1on submitted at the heari nq.

(~) Pem1t issuance or denial. Prior to the expiration of the 30 day evaluation period, or prior to the expiration of 120 days from the date the application was deemed complete, whichever 1s earlier, the office shall either issue or deny the permit, and shall send written notice of its decision to the applicant and the district .

a. Permit issuance . If a permit i s issued, the permit shall spec1fy the tems and conditions of operation .

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b. Permit denial. If the permit is denied, the decision shall include a statement of the specific reasons for the dental and the applicant mav appeal the dec1s1on to tile boanl in accordance with procedures set forth in He -P 1901.10(c).

(5) Research development and demonstratton permits.

a. The director mav 1Hue a researdt development and de1110nstration pemit for any solid waste facility which proposes to ut111ze an innovative and experimental waste trut.ment technology or process for which specific permit procedures for such activity have not been adopted under RSA 149-M:B. Such permits:

1. Sha ll include such terms and condHions as will assure protection of human health and the environment.

2. Shall provide for construction of such facilities as necessary , and for operation of the fac111tv for not longer than one year . Permits issued under this section r..ay be renewed. Each such renewal shall be for a period of not more than one year.

3. Shall provide for the receipt, s toraqc and treatllll!nt by the fac1Hty of onlv those types and quantities of municipal solid waste (MSW) which the director deetaS necessary for purposes of detemininq the efficiency and performance capabi l ities of the technology or process on human health and the en vi ron~t~tnt.

4 . Shall include but not li1111ted to requirer.ents regarding 110n1toring operation, closure and remed1ill action.

5. Shall include requirements regarding test1nq and providing of 1nfonnation to the director with respect to the operation of the fac111ty.

b. The director shall order an i11111ediate termination of all operations at the facility at anv time he determines that temrlnatton is necessary to protect human health and the environment.

c. A permit when issued shall bear the siqnature of the director of the waste management division of the New Hampshire department of environmental services .

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d. Each applicant for a permit for a Res ea rch and Development or a demonstration fac111ty under RSA 149 -M: B(b) and 149 -M:lO shall obtain the necessary fonn from the waste mana~ement d1Y1s1on and shall suppl ,'t' the following information:

1. lnst1tut1on 1s legal name, business address and phone number .

2. App11cant's legal name, business address and phone number .

3. Installation : Description, location, date designed and date pro.1 ected for eQU1PIItnt installation and start -up .

4. The process thru- put or through put for the .a.1or research being undertaken for raw ~~ater1als and the a.ount of raw materials entering the process.

5. Storage area or storage tank capacity and the nUIIber of days for which storage 1s pro.1ected .

6. Type of pollutant control equipnent.

e. Those fac111t1es that do not pose a significant effect on envi ron~~tnta 1 qua 11ty sha 11 be reviewed in accordance with the following schedule :

1 . Application. With i n 30 days of the receipt of a pem1t application. the office shall dete r.1ne H the application 1s COII'IPlete and notify the applicant in wr1t1ng of its decision .

2. Evaluation . Within 30 days after receipt of a COflll)lete application, the office shall evaluate the application, and all subll1tted 1nfonution.

3. Pem1t issuance or den1al. Prior to the expiration of the 30 day evaluation period , the office shall either issue or deny the permit, and shall send written notice of 1ts dec1s1on to the applicant and the district .

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-4. Pem it issuance . If a permi t 1s issued , the oemit sha ll specHy the terms and conditions of operat i on.

5. Pemit denial. lf a oermH \s denied , the decision shall inc lude a s tateme nt of the specific reasons fo r the deni a l and th e app lica nt mav appeal t he decision in accordance with orocedure'i se t forth 1n He- P 1901.10(b) .

f. Those facilities t hat pose a siqn1ficanl effet:l on env1 ronntent a1 quali t v sha ll be re vie~o~ed i n acconJance with He- P 1901.04( . ) .

(h) Pemit 1'110dif1cati on. Befor e a ny propos ed mod1f 1ca li on to a fac11tty or its operation i s mde, the oennit holder sha ll report o;uch changes to the office in writing . The office may reQu i re that a new perm it application be filed and evaluated in acco rdance with the procedures set forth in (a) through (e) of thts part. Alternai1veh', the ofr ice mav decide to IIOdHy the tenas or conditions of the ext s ttnq pemH to reflect the proposed 110d1f1catton, or to deny the proposed modifi cation without requ 1rinq sut.1ss1on of a new pemit application . If the modification has s iqniftcant envtron.ental 1111Pact, a public heartnq will be held before adoption of the IIIOdtftcatton. Th1s does not include cosrwet ic changes to the bu11dinqs or lilnd that do not affect the operations .

(1) Any person aq!lrteved by a decision of the office may appeal such decision to the board wtthtn 30 days of the issuance of such a decision . lhe board shall hold a hear1n!l on any appeal promptly, and shall issue a decision uphold1nq, 110d1fy1nq, or setitnq aside the office' s decis ion .

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Hc-P 1901.05 lli-'H!!~l~l1d Waste flli11_t1es.

(a) General Standards

0500168

(1) Public health standards. All fac111tles shall be designed and operated 1n a manner that does not endanger public health .

(2) Environmental performance standards. All fac111t1es shall be designed and operated 1n a manner that does not contravene any local, state, or federal environmental standards. These standards include, but are not limited to :

a. Fac111ttes or practices shall not cause (l) a discharge of pollutants that 1s in violation of Section 402 of the Federal Clean Water Act into surface waters of the Un1ted States (U .S. l or the State: (2) a di scharge of dredged material to waters of the U. S. that 1s in violation or Section 404 of the Clean Water Act; or (3) a non-point source of pollution that contravenes the legal requirements of an areawide or statewide water quality manageMnt plan under Section 208 of the Clean Water Act;

b. Fac111t1es or practices shall not contaminate groundwater tn violation of rules prOIIUlgated by the New HafiiC)sh1re water supply and pollution control conntssion ·or conditions of the pemtt ;

c . Factlittes or practices shall not cause air pollution in violation of rules pr.ulgated by the New Ha110shtre atr resources agency, or the New HafiPshtre state iraple.entatton plan under the Clean Air Act.

d . Faciltttes or practices located In floodplains shall not restrict the flow of a base flood . reduce the teraporary water storage capacity so as to pose a potential health or envtron~~ental hazard, or have the potent1al of washing out (t.e. waters carrying away the solid waste at the facility);

e. Fac111t1es or practices shall not adversely affect any species that Is endangered throughout all or a significant portion of its range;

f . Faciltt tes or pract tees sha 11 not adverse ly af feet anv atr. land. or water area (exclusive of those man-made structures or settlements whtch are not necessary to the survival or recovery of a 11sted species) and constituent eleMents thereof the loss of which would appreciably decrease the likelihood of the survival and recovery of a Jhted specles or d1st1nct segment of its population .

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(3) Safety standards. All fac111t1e s sha ll be desi gned and operated 1n a manner that m1n1m1zes the risks of accidental occurrences that coul d lead to personal 1n.1ury and property damage . Standards inc lude . but are not limited to, the following :

a . ConcentratIons of exp los tve gases ( 1.e. methane ) !. ha 11 not exceed 25 percent of the •Jower explosive 11m1P of the gases in any facil ity structures, excluding ga \ recovery equipment, and \hall not exceed 50 percent of the lowrr explosive limi t of the gases at the propertv boundarv ;

b. Precautions sha ll be taken to prevent the occurrence of fires and to deal with them errectlvelv if thev occur:

c. Facilities dhposi nq of putresc lb l e waste and located w1th1 n 10,000 feet (3,048 meters ) of anv airport runway used b~ turbojet aircraft or within 5,000 feet (1.~24 meters) of any airport runwav used by onlv piston -type aircraft shall take precauti ons agains t attractln!1 birds that IMY be hazardous to airc raft;

d . Access to a facility shall be stricti~ controlled .

(b) Standards for Sanitary landfill s.

(1) Landfill des ign. Landfills shall be des\qned wHh state-of -the -art technology and sound engineering practices (St>c New Ha•sh1re Solid Was te Disposa l Guidelines). Des ign shall include, but not be limited to , the following:

a . A l andfill shall be loca ted , s loped and protected so that water shall be diverted around or awa ~ from the operational area of the site. The su rface contours of the sHe shall be maintained so that surface water run-off wil l not flow into or throuqh the landfill;

b. At least one qroundwater monitoring we ll shall be installed hydraull callv upg radient from the landfill si te and two monitorlnq wells installed in each down ·qradlent direction . Dependinq on the s ite cha racteristics , the office, in consultation with the water supplv and pollution control counission, may reQuire additional groundwater mon1torinq we ll s . and mav require surface water monttorlnq s tations;

c . Ac cess road s withi n the propertv bounda rv of a landf1 11 leadinq to and from the worklnq face of the landfill. ~ha ll be designed and maintai ned t o prevent t raffic conqestion and hazards, dust and excessive noise;

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d . Access to landfills not attended on a 24 -hour basis shall be controlled by gates that can be locked and by a fence around the perimeter of the operat1M site unless access is adequately controlled by natural terrain or man~de features around the site;

e. Adequate quantities of cover material shall be available for covering disposed solid waste 1n accordance with the approved operattonal plan and perrait conditions . Final cover nater1als shall be available that w111 pem1t final cover of the facility in accordance with its approved closure plan ;

f . Fire protection shall be provided 1n accordance with design and operational plans approv~d by the office 1n accordance with state and local fire regulations;

g. Signs clearlv stating dumping area rules shall be posted and shall be legible and clearlv visible. A stqn shall be posted at the entrance to the landfill that contains the following tnfonaatton: (1) the na11e of the facility and per.1t holder ; (2) eMergency telephone nUflbers: (3) restricted ~aatertal, as spec1fted In the per.lt; and (4) penalty for unlawful dllftlll1ng;

h. The landfill stte shall be screened, in so far as practical, fro~~ residences and public highways;

1. An area at the landfill site shall be set aside for the proper handling and disposal of bulky waste;

.1 . Dead anl..als, sewage, sludge, septic tank wastes, and other ~~atertals as detemtned by the office that may be difficult to llinage shall not be disposed at the disposal site unless special provisi ons for such disposal are included In specificat ions of the landfill, or otherWise approved by the office .

(2) landfill operation . landfills shall be operated with state-of -the -arts procedures and sound engineering practices (See New Hart~pshtre Solid Waste Disposal Guidelines) . Operating plans shall Include provisions for, but not ltntted to, the following:

a. The operator or his agent shall evenly spread all refuse In shallow layers not exceeding 2 feet In thickness. The operator or hts agent shall CotiiPact each laver by at least 3 passes of compacting equipment prior to spreading and compacting additional layers . The number of layers of refuse deposited before da11y cover material must

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be placed on the exposed refuse shall be determ\ned bv the landfill design, contours, and s pec1ficat1ons of the particular site. The cell shall not be more than 8 feet in depth before daily cover is placed on top;

b. The operator or his agent shall place a laver of at least 6 inches of unHorml y compacted cover material over all exposed refuse at the end of each working dav:

c . The operator or his agent shal l place a l aver of at least 12 inches of unHormlv compacted intermediate cover material over all sides and working faces of those porlions of the landfill when the working face 1s not active (i.e . more than 1 month without additional layers of refuse). Th1s layer sha 11 be at a slope of not l ess than 2 percent, but not more than 15 percent.

d . The operator or his agent shall place a laver of at least 12 inches of final cover mater1al on all portions of the landfill that will not be used within the next 12 110nths . The type of cover rt~ater1a 1 to be used sha 11 be specH1ed in the operating plan . The final cover ~~~atertal shall be placed over the intermediate cover layer and seeded with an appropriate mb of qrass of other erosion-prevention veqetatlon;

e. In so far as economically feasible cover ftliltertal sha ll be protected from freezing tn a suitable ~~anner to allow for proper winter operation;

f. Monttor1n!l welh shall be sa!R()led at intervals and analyzed for parameters specified in the operating plan. Analysis will be performed by laboratories approved by the U.S. Environmental Protection Agency and the water supply and pollution control conwn1ssion for the parameters beinq tested. A copy of the analysis sha ll be furnished to the office.

Q. Equioment used for spread 1M. compact in~ and covering solid wastes under all anticipated weather conditions !i.hall be available. and in ooerating condition, al all times. Aux111arv equipment !i. hall be available as required bv an approved operational plan;

h. Unloading of solid waste shall be confined to the sma llest practical area. Exposed solid waste on the working face of the landfill shall also be kept to a min imum;

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1. Salvaging of solid waste shall be controlled so as not to interfere with landfill operations and not to create unsightly conditions or harbor vectors:

.1. Debris shall be controlled so that. the disposal s1te i s free of litter. Oust , ~~alodors, and noise shall also be controlled to the larqest extent possible;

k. The operator or h1s agent must be on-site during all open hours of operation;

1. Precautions shall be taken to prevent accidenta l fires. These precautions include segregation of fla~t~~~able raatertals, early ren10val of •hot spots• (i.e. areas where the te~~~Perature of fi lled material has risen s1gntf1cantly and created smoke) and placing of hot or burning raater1als at a safe distance from the f111 area until such t1nte as the fire hazard h el1111inated;

•· The office llilY require the operator to keep operating records and INY require reporting as it considers necessary to ensure pem1t cQIIIP11ance;

n. Shelter, c~nicattons, and sanitary fac111ttes shall be 111de available for the operator .

(c) Standards for single purpose landfills. Landfills designed for a single purpose (e . g. disposal of construction debris , disposal of a specific non ·haurdous industrial waste) shall •et appropriate general standards as detemtned by the office and shall be designed and operated in accordance wtth specifications and plans sublllitted to the office . &enerall:v. these plans and spectftcattons shalt include SOM or all of the design and operating standards fo,. sanitary landfills .

(d) Standards fo,. septage and sludge disposal .

(1) Requirentents for land application plans. All facilities involving the dtsposttton of septage o,. sludge by land application shall subm1t detailed site and operating plans to the office. These plans shall include, but not be limited to , the following:

a . A raap showing the proposed site location, areal extent of proposed application area, distances to roads, inhabited dwellings, boundary lines (including ease~~ents , etc . ) surrounding land use, access roads and access contro 1 measures, buffer zones:

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b. Hydrogeologic regime, depth to sea\onal high groundwater: distance to surface water: distances to wells; provisions for groundwater mon1tori nq ; soil profil e and analysis; topography (contours not to eKcced 5 · foot intervals); muimum slope; s urface drainage;

c. FaciHty operation; crops to be grown; anronorRic uptake rate calculations; application method; storage or stock -piling provisions; chefllical analysis of soil; che111ical analysis of material to be spread oH1d orovh ions for a regular JIIOnitor1ng program; source of 11\clterial; Quantities of material using design 11fc; treatment before application; record keeping of amount applied; dat es and disposition of crop grown: annual vs lifetime loading ca lculations {annua l nitrogen loadinq vs lHet \me hcavv metal s loading};

d . Regular monitoring of soil pH and analysis of the s ludge by an approved laboratory, the freQuency of which will be determined by the office upon review of an application .

(2) Minimu• s tandards for land application operation .

a . The facility shall c01111h with federal r"egulaUons as specified in 40 CFR 257 . 3·5 and 40 CFA 251.3 ·6(b), whic:h regul.lt1ons are hereby adopted by refe~nce .

b . The annual application rate of cadiii1UIII 5hal1 not eKcecd 0 .45 lbs. per acre.

c . No spreading is to be done on frozen or snow cover~:d ground, or" during ucessively wet pe riods. Provisions shall be 111ade for winter storage , (miniiMim fa months desiqn).

d. No spreading is to be don e on land with a slope greater than 8% (8 f oot rise i n 100 feet ) .

e. No sl udge sp readinq is to be done on any poorly or very poor"lY drained soils or 1n areas exhibitlnq seasonal pond1ng .

f. No stockpiling 1s permitted on the 100 -year flood plain as defined and delineated by Flood Hazard Survey\ , unl ess othen~1se uemoted .

q. All facilitie s emp loying mechanical land dPP1i catlon eQuipment shall be s ubj ec t to individual \He rev iew requirements fHe ·P 190l.OS(d) (1) J ·el .

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(3} E.xe~DPt.lon. Sma ll -scale landspreadlng operations where composted sewage s ludge 1s applied manually shall be exempt from site review requirements He -P 1901.05(d) (1 -2).

(4) Requirements f or composted sludge giveaway program. Any wastewater treatment facility or person Interested In develoD1M a composted sludge giveaway l)rograrn shall submtt detailed design and operating plans. These plans shall Include. but not be 11ra1ted to, the following: treatment processes; sources and Quantities of sludge; Quantity of finished comoost; stockp111M and storage provisions; site plan: chemical analysts or sludge and compost: leachate and odor controls: access roads and controls; provisions for record keeping of a ll users and Quant 1 ties taken.

( 5) Requ i reme nts for lagoon di sposa l .

a . Det ailed si t e and design spect fi ca t tons fo r sept age i:lnd s ludge disposa l lagoons sha ll be provided . These plans and specificat i ons shal l include, but not be 11ratted t o, the fo11owin~ :

1. locations : distances to roads: inhabited dwellings; boundary lines (including easet~tnts, etc. ) : surrounding land -use; access roads and access control Masures:

2. Hydrogeologic reg1 111t ; depth to seasonal hi gh groundwater ; distance to surface water, distances to we lls ; provisions for groundwater 110nttoring ; direc t ton of groundwater flow ; soil pro rile and analysis; topography (contours not to exceed 5-foot inte rvals): sur face drainage;

3. l agoon spec1f1cat1ons: sourc es of septage or s lud~e and se rv i ce area; det ailed syst tf'll des 1qn; esti ma te of yearl y vol ullt accepted : provis ions f or storage of resi due and ult11ute plan for disposition: 11easures t o be t aken t o cont rol vectors, llolllodors and other pub lic nu isances.

b . M1 n1111UIII operating standards.

1. The lagoon shall be surrtlunded by a fence with a locking gate.

2. Signs shall be posted on all sides of the lagoon stating: Wamtng~ Septage Di sposal Fac111ty or Sludqe Disposal Fac111ty , Permit Holder, Address , Phone Number, No lrespasstng.

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3. No haurdous, toxic , or oily waste shall be discharged i nto the lagoon .

4. The lagoon shall be sc reened, insofar as practical, from public view.

5. The lagoon shall be located so as not to create readily a nuisance odor condition, detectab le bv nearby property owners .

&. Surface drainage shall be designed <:.o a s to ·prevent s urface runoff from en t ering or ·interfcr1nq with the lagoon .

(6) Other standards for s ludge and septage disposal.

a. Recordkeeping . The office m.lY require that Lhe operator of a s ludge or septage disposa l s1te keep records and issue reports, as the office considers necessary to i nsure the protection of publ ic health and comp liance w1th the conditions of the operation pemH .

b. Other ~~ethods for disposal or sludge and scptage (e.q. trenches, incineration, pits) will be considered on a case -by-case basis . Detailed site and desi gn specifications are reQuired rsee Section 1901.05(d) (5) 1.

c . Under no ctrcu11stances shall hazardous wastes as defined in RSA Chapter 147 ·A be disposed of at s ludge and septage fac111t1es .

(e) Standards for incineration facilities.

(l) Incinerat i on facility design. All incineration eQuipment and air pollution eQUil)lllent shall COtiiPlY with a l l reQ uire•nents of the air resources agency . Design plans and specHicatlons for an incineration fac11ity sha ll inc lude, but not be limited to, the foll owing criteria :

a . A descri ption of the foJ c111tv oJnd physical features of the s ite shall be provided;

b. A description or til e capacity of the waste handling facilities shall be provided;

c. A desert pt ion of performance spec1 f icatl ons of the incineration equipment shall be provided;

d . Fire protec tion equipmrnt shall be kep t avoJ il abl e in accordance with s tat e and local fire plans;

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e . The incineration facility shall be designed so that water ts drained or diverted around or awav from the operat\ng area of the site:

f. Access roads leading to and from the site shall be des igned and maintained to prevent traffic conges tion and hazards , dust and excessive noise ;

g, Access to the s1te shall be controlled by a perimeter fence and gates that may be locked or other suitable neans approved by the ofr1ce;

h. Si gns clearly stat i ng 1nc1nerat1on fac1 11ty rules shall be pos t ed , and sha ll be legi bl e and clearl y v1 s1b le. A sign shall be posted at t he entrance of the fac1 11ty t hat contai ns t he foll owi ng i nformation: (1) na11e of the faci lity and pem1t holder; ( 2) emergency te l ephone nul'llber of opera t or; (3) rest ri cted mat erial s; (4) operating hours : and {5) penalty for unlawf ul conduct .

(2} Inci neration fac i l1ty operation . Incinerators shall be operated w1th state-of -the-art procedures to achie ve full cOIIIbust ton with a • in1IIIUII of hamful f!Ueous and particulate Missions. Ope rat tn11 plans sha 11 ~~ak e provis tons for comp lyt n" with the fo11ow1nfl requirerwents .

a . All unloading of solid wa ste shall be confined to the saa llest practical area . Ac cur~~ulatton of solid waste 1n a storaqe area shall be kept to a mtni raum;

b. The incinerator shall not be operated 1n excess of 1ts dest qn capacity:

c. 1f the i ncine rator has t ec hn ica l prob l ems , no accurau lat1ons of solid waste for more than th ree days of incinerator design capaci ty sha ll be st ored on st t e without t ak1nq daily precautions t o 1nh1b1t spontaneous conbus1on, f1 re hazards, and vec t or prod uct ton:

d. AccUIIIJ lattons of as h and r esidue shall not exceed the capacity of the ash holdi ng area, and shall be disposed in a manner sti pulated tn the 1nc1neratton fact11ty operating plan and pem1tted by the office:

e. Ash shall be sampled at intervals and analyzed by an approved laboratory for parameters specified t n the operating plan . A copy of the analysts shall be furnished to the office w1th1n 30 days of the sampling:

.)

I l

NEW HAMPSHIRE COOE Of AOH!NlSTRAllYE RULES

f. Salvageable and recycleable materials shall be s tored 1n a designated area until removal;

q. Vector control measures shall be undertaken as necessary to prevent transra1tta1 of disease t o man or animals ;

h . Debri s shall be controll ed so that the disposal stte 1s free of litter. Dust , malodors, and noise shall be kept to a minimum;

1. 1f so determi ned by t he ofr1ce, provisi ons rn.1V be m.1de for disposing of non -combustible, non ·sa lvaqea bl e mJterial s 1n an on-site special purpose landfill or other sui t able manner;

.1. Suffic ient Qualifi ed personn el sha ll be on -sHe during all hours of operation .

(f) Standards for resource recovery fac111t 1es. The design and operat ion of resourc e recovery fac111t1 es shall compl .v w1t h the general standards set forth 1n paragraph (a) of thi s sec t ion and with incineration fac111ty standards set forth in paragraph (e ) of thi s section.

(g) Standards for transfer stations and so lid was t e s torolqe facilit i es . The design and operation of transfer staUons and solid wa s te storage fac111t1es sha11 co.ply with the gene ral standards set forth in paragraph (a) of this sectton and w1th incineration fac111tv s t andards set forth 1n paragraph (e) of this section except where thev perta in to comb us tion of wastes , ash and residue hold i ng areas, and ash and residue disposa l.

(h) Standards for other fac111t1es . Processi ng faciliti es such as glass and can process ing centers and recycling centers shall comp l v with the general standards set forth 1n paragraph (a) of this section and with incineration facility standards set forth i n paragraph (e) of this sec tion except where they pertai n to compli ance wHh air recourc es aqency requirements, combustion of wastes, ash and resi due holdinq area 'i , and il'i h and residue disposal .

(1) Standards for research and development fa cil ities.

(1) The design and operation or these facilities !i. ha ll comp l y with the general s tandards set forth in paragraph (a) and also paragraphs (e) and (.1) where specifica ll y olPPlicab le .

( 2) The fac111ty shall be wherein experiments are carried out to i nvestigate the latest state ·of ·the ·art t echnoloqv or municipa l solid waste (MSW) equipment, material s, clas'i ifvinq, storage and processinq.

25 He ·P 8 88

0500178

NEW HAHPSHlRl COOl OF AOMINlSTRAllVE RULES

(.1) Standards for demonstration fac111t1e s .

(1) Indoors . Wh enever operation or innovative eQuipment or techniQues such as glass, metals. plastic, paper recovery, etc . , 1s demonstrated w1th1n an enclosed building, the fac111ty shall coraply w1th the standards set forth 1n paragraphs (a}. (e) and (1) of this section.

(2) Outdoors. Fac111t1es set-up to de110nstrate innovative equipment and experimental process shall c~ly w1th the standards Stt forth tn paragraphs (a)(b)(c)(d) and (1) of th1s sect ton .

Source. #2333. elf 3-31-83; amd by #2464, elf 9-5-83; ss by #2895, elf 10-30-84; amd by #4472, eff 8-17 -88

26 He ·P 8-88

) '

NEW HAMPSHIRE CODE OF AOMlNISlRATIVE IWLES

He -P 1901 .06 Reguirer~ents for San1tarv Tank Truck Permits .

(a) App 1'\cabi 11ty . The standards and reQu1 rements of this sec tton apply to atl persons operating a san1tar:v tank truck business or othe rwi se engaged in the transportation and d1sposa1 of septage.

(b) Permitting.

(1) General. All persons operat1nq a sanitarv t.ank truc k business or otherwise engaged 1n the trans portation and dhposal of septaqe s hall be required to obtain a pe rmit from the office.

{2) Compliance . The permittee s hall cornplv wilh all the conditions of the permit and all the applicable standa rds •lnd requ1re~~ents of these rules.

(3) Pem1t application process.

a . Application 1nfonM.t1on . Application i nf ormation shall be subllitted in duplicate and sha11 include. but not be 11• 1ted to, the iteltS listed below. Each tru ck or vehicle shall require a separate application and shall bt' issued a separate pemit. nUI'IIber .

1. Facility na111e, location, and ma111nq addre:~.s.

2. Na•s . ~~ailing addresses, and telephone numbers of the pen~tt. holder, owner and operato r .

3. list each s ite where the per1111t holder plan :~. to dispose of sept.age, includtnq the t.own/c1lv, method of di sposal , and location or si t e. (All d1sDosa1 s ites sha11 have prior aDDroval from the office) .

4 . Vehicle descr1Dt1on and identificat ion number.

b. Fee. A ~25 al)pli catton fee shal l accom11anv each permit aDPlicatlon and each Demit renewal applicat ion. lhe f ee shall be paid by check , made out to : lrea'>urt.>r , State of Hew Har~ps h1re-s. w.

c. S1qnatory requirements . Each applicat ion sha11 be s igned by either a s electmen or a hea lth offi cP. r from eac h town/c1tv 1n whi ch the applicant plans to di'>PO'>e of sel)tage .

(4) fl enn i t hsuancc or deniaL l he office '> hall issue,, permit or denv an application after evaluat1 nq a ll du lV·!.uhm lttcd 1nfonnaU on.

21 He P a aa

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0500180

NEW HAHI-'SHIRf. CODE. Of AOHlHISlRAllYt: RULES

a. Pernit issuance. Permit shall be issued for a term of one ~ear .

b. Permit denial.

1 . If a penntt or permit renewal 1s dented , notice of dental shall be sent to the operator by reQ1stered mall, return receipt reQuested.

2. The notice of dental shall include a list of specific reasons for dental.

3. The pem1t holder of a fac111ty whose permit app1 1catton or renewal 1s dented may appeal such denta l t o t he Soli d Wast e Ma naQement Board.

(5) Permit renewal . Each pemtt ma.v be renewed by t he penat ttee . Such renewal shall be done annually on or before September 30th.

(6) Pem t t transferability . The san itary tank truck pen11t and pe~t t nunlbe r shall s tay wi t h the vehicle' s septage holding tank . 1f the holding tank is transferred to a new chassis, the pemi t holder IIU St 1nfom the office w1th1 n 15 days , but a new app 11 cat 1 on and fee 1 s not required .

(c) Standards . lhe following s tandards shall be t OIIP11 ed with i n order to obtain and llil1ntain a sanitary tank truck permi t .

(1) All sanitary tanks shall ~~a 1nta i n a general level of cleanliness so as not to create s ignificant ~~~alodors or public health hazards.

(2) lhe san itary t ank sha ll be wa ter tigh t.

(3) All p1p1nQ , val ves, and r igi d or flex ib le connect ions shall be access ible and easy t o disconnect for clean1M purposes .

(4 ) Al l i nlet and outlet connections shall be so constructed that no raater1al wi ll leak, spill or run out duri ng transfer or transportati on.

(5) Discharge outlets shall be of a design that is capable of controlling the flow of discharge without undue spray or flooding of the 1nrned1ate surroundings while 1n use.

(d) Vehicle identification and compliance .

(1) Vehicle requirements . f.ac h vehicle permitted under th is section shal · 1rry the pem1t at all times of operation .

28 He -P 8 ·88

NEW HAMPSHIRE CODE Of AOMIN!STRAT!VE RULf.S

{2) Veh ic le pos ting. Two permit number plates will be issued to each sanitary tank truck permit holder. On e plate (bNrin11 HW and the pemlt number) s ha 11 be attached to the re.Jr or the sanitary tank at lust 6 Inches away from the license plate, the s econd plate (with same HW number) sha 11 be attached to the ditch (pn~enger) side of the sanitary tank In a prominent f.1Sh1on . The plates must be kept clean and c1e.1r of obstruc tions so as to be v1slble at all tl111es. lhe name, town, and telephone number of the septage hauling company mu sL be clearly dhplayed on both sides of the sanitary tank, \ holl l be a alnlrnum of 3 Inches In height, and of a pennanenl n.1ture. The fee for these plates will be $3 .20 , t o be paid by lhl' ru'• rm1t holder .

(e) Addit1onal requirements. Permit holders are sub.1f'l. t. to all applicable requirellents found in other sections of these rules including perwit suspension and revocations . The permit holder shall also complv in their area of operation with all local ordinances not specif ied in these rul P.s .

Sour~~ 12333. eff 3 ·31 ·83; am bv 12~M. eff 9 ·S ·83: \S by #289S, err 1 o ·30 a~

29 He P 8 88

0500182 HfW I~AHPSHliH. COOl OF ADHlHlSlHAllVE Rill f.S

lie P 1901 .01 InsPection and Enfor£.~.

(a) Inspections.

(1) Inspecting solid waste facilities. Under RSA 149·M : 3, VI an inspector author1 l!!d by the office may inspect any property or premise other than private residences at any reasonable time tn order to investigate actual or suspected sources of potential ham to hum.1n health and the environment, and to monitor tOfDI)11ance with the terms and conditions of pemits issued by the office.

(2) Reporting violations. The inspector shall prepare a report for each inspection. A copy of the 1nsoect1on report shall be forwarded to the pemH holder of the fac111ty. For all ma.1or infractions a\ detem1ned by the office , a letter order shall be issued. The pemtt holder shall submit a plan and schP.dule for cocap11ance to the office to correct the infractions wtthtn the tt111e period !.pecHied tn writing by the off ice .

{3) Hearings. The pemtt holder lllilY request tn wrttin!l a hearing lo.'lth t he office wtthtn 30 days of the notice of raa.1or infractions .

(b) Penalties . In addition to the civ11 and cr1•1na1 penalties provided tn RSA 149 -M:12. a penatt •Y be suspended or revoked 1f the fac111ty h tn violation of any of these rules or any condition of the perwtt .

(c) Appeals. Any person aggrieved by a dechton of the office may appeal such decision to the board within :lO days of the issuance or such a d~chton. The board shall hold a hearing on any appeal pronptly , and shall tssue a dectston upholding. IIIOdHytng, or setting astde the offtc P.'~ decision.

Source ~ #2333, eff 3 31·83; amd by #246~. eff 9-5-83; ss b.v #2895, err 10-30 ·84; amd by 14263, elf 6 4-81

30 He -P 8 -88

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) NEW HAMPSIIIAE CODE OF AOHINIS1RA11VE RULES

He -P 1901.08 lnfecttous Was!!_ OisoostL,

(a) App11cab111ty. This section applies to sources of ha:r:ardous infectious wule including , but not li111ited to :

(1) Strict and wound and skin isolation wastes;

(2) Patholoqy wastes;

(3} Laboratory wastes such as blood, serum, urine, feces. and other body secretions, and such Hemo; •l"i petri dhlu" • .Jnd othe r m1crob1olo!l1tal wastes;

(4) Microbially infected research laboratory ilnlmal c Jrc aH~s.

(5} Materials conto1m1naled with anv of thf' rtbove.

(b) Treatment and d1spo sa 1 of infectious wastes.

(1) a . A11 1nfectiou'i \o.'aste shall he adeQuately treat ed, before di sposal. by one of the following methods:

1. Steam ~t ertliJ.alion;

2. Gas s t erll i.tat1on;

3. ChM1tctl s terilization;

4. Patholoqical inctm~ratton.

b. ltt~peratures and dwell thtes for these four methods will very in relation to the ntethod used , the volu..e of .ateria 1. moisture content, and other factors. 1 he specific steps for using any of these ~~ethods are detailed in the fo11ow1nQ manuals: (l) National Institutes of Health Biohazards Safety Guide (1974) . GPO stock no. 1740-00383; and (2) lab Safet .Y at the Center for Dhe.1 ~e Control, OHEW publication no. 7& -8118 .

(2) lrP.oltMnt of infectious waste shall be by patholoqtcal incineration . The re~tdual ash shall be dtwoc,ed of at a Sta le .1 pproved sanitary landfill or other State approved ash dlspo~a l stte. Infectious waste not disposed of in thh m.1nnP.r may be taken to a State approved san1tarv landf il l pnJx..J!: ( 1) the infectious waste ha s been previously tre.1ted by one of the other above listed method'i; and {2} prior wrHten approv.11 ho1 '. heen requested in writ inq and received from the N. H. division or public health services.

31 He P n 118

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0500184

NEW IIAHPSIIIRE. COOf. OF- AOMlNISTNATIYE RULES

(3) All 1nhctlous waste to be trP.alcd off -s ite prior to disposal shall be stored and transported tn a sealed, non -permP.olble 3 m\1 . pol:veth.vlene (or eQuivalent) bag, placed in a second bag of similar construction, and also sealed . Sharp infectiou \ waste, such as broken glass, scalpel blades, and hypodenatc needles, shall be segregated and encased inside rigid containers in oldd1tlon to the polyethylene bags.

(-4) l111bs and recognizable organs shall be dhposed of by incineration or internntent.

llir.c;~ #2333, eff 3- 31 -BJ: ss by #2895, eff 10-30 ·84

32 He-P 8-88

) '

NEW HAMPSHIRF. COOl Of AOMINISlRAllVE RULES

He -P 1901 .09 Dhtdct Plans

(a) App11cab111ty . Th is sec tion applies to all district, sub-district, and si ngle town district plan'i addressing the l'llilnagemenl of solid waste, septage and s ludge .

(b) Authortty .

(1) Re sponsibility for establishing district, sub -dhlrlct and single town district solid waste management plan rules in the state of New Hampshire was granted to the so lid waste manaqe~nt boani under the author1tv of RSA 149-M :B IV.

(2) Coordinating the implementation and periodic review of the state solid waste m.:Jnaqement plan and the rev1 e~o• of the distr ict plans and recoownendatlon or appropriate board action to effect the state plan was delegated to the office of w.utc m.ln.J~emt.• nl under the authority of RSA 149 ·-M:l and lll.

(c) Purpose . The purpose of thh sec t ion 1s to prov ide for the develoP~~ent of proper, adeQuate, and safe solid wa s te raanagtn~Cnt sys.t~ms whic h result 1n the disposa l of solid wastes in fac111ties which are econonlical olnd env1ror.enta11y safe. Thh section establishes a flexible procedure for solid waste aana9e.ent and requires consi deration of resource retovcry .1nd recycling, and encourages involvement of the private sector by :

(1) Recognizing the limitations 1n.posed by the requirMent for operallny env1 ron~~enta lly sound waste disposa 1 fac111t ies;

(2) Pooling all available technical and physical resources;

(3) Re.llLduy lower costs of practicing environmentally !.Ound waste ntanagement practices;

(4) Recognizing that cooperation can be cost effect lvc in the planning, ownership, and operation of a waste facility;

(5} Encouraging regional cooperation and •nanagemenl pract lees consistent with the Hew Hampshire solid waste mcu1agemenl pl.1n.

(d) Districts/sub-dhtrict plan reQuirements . Each town shall .1o1n a solid waste raanagement distri ct to facilitate the preparation of the dhtr1ct solid waste managment plan for the solid wastes generated within the district . The district plan shall complement the \ t. .lt e solid waste plan and .ay include subdistricts , however, s ince each district represen h a unique entity with dht1nct waste rn.1nag emen t problems of its own, no two plans wi 11 be alike . These plans shall address. but not necessar ily be li111Hcd lo:

33 He -P 8 ·88

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0500186

NEW HAMPSHlHl COOl Of AOMlNlSTRAllVE RULES

(1) ldentH1cat 1on of the fleograph1cal and economic relationship among the mun1c1pa11Ues of the proposed d1 str1 c l/ 'li ub -district;

{2) Inventory and analys is of lhc cx1st1ng w.1ste disposal fac111t1e s prto ~P.ntly active w1th1n the district . These shall include, but not be limited to :

a . Fac111t1es which are and those which are not tn compliance with H. H. solid waste management rules ;

b. Fac111ty type and estimated 11fe:

c. Operating and site specific problems of each fa ci lity ; and

d . Fac111t.1es which could be used for e~~ergency purposes 1f and when the pr1naary fac111ty 1s shut down .

(3} Inventory of current and pro.1ected lS yeo1r waste strea111s by 11Un1c1pal1ty as to the t ype , vohane, and weight 1nclud1ng , but not I ht1ted to:

a. Putresc1ble raater1a1;

b. Refuse;

c. Septage;

d. Sludge;

e. Discarded and abandoned ~~~ater1a1;

f . Spec1a1 waste peculiar to oJ town or district.

(4) Inventory and analysis of the network currently available for transporting solid waste w1thln the distr1ctlsub ·d1str1ct :

(5) Pro.1ectlon of the future 15 -year network required f or transporting so11d waste within the dhtrtct/sub-dlstrlct:

(6) Inventory, using the best pract ical available lnfomatlon, of exhtt ng and potential public water supplies and exhtlng iiQU1fers 1n the district/sub-district:

(1) Study of social , economic . and environmenlal effects of the plan . Incl uding, but not limited to , the Impact of the following :

34 He -P B- BB

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HEW HAMPSHIRE COO[ Of ADMlNlS I N/1 11 Vl HUI ES

a . 01str1ct1ng;

b. Faci11t1es:

c . Traffic;

d. Noise pollution: .. Air pollution:

f. Water pollution .

(8) Demonstrate a 10 -year disposal capacity of cxistinq, upgraded, prepared (or c01111bi nat1on of these} faci11l'le 'i und provide for an on-11o1ng planning process of H years from date of submittal .

(9) Analysis of the econ011ic, env1ron~~ental and enerqy savinc1s potential for resource recovery and recycling facilities a'i an integrated p.1rt of all proposed plans .

Sourc~ . #2333, eff 3 -31 - 83; aRid by /?4M, eff 9-5-83; ss by /289!:1 , eff 10 30 84

35 He P 8 BB

05001B8

Nf.W HI1H\.I~H INI:. COOl OF AOMINI SlRATIVl RUU. S

He ·P 1901 . 10 Hearings .

(a} App11 cab1 1il y. lhe requirement.. set forth in this section shall be ut l l ized wheneve r •1 hear1nq h dee1ned 1n order a-s spec Hied under •lPP I1cable sec tions of He ·P 1901 and RSA lt19 ·M, and held by the board or the offic e. lhe r,ror.edures presented 1n subsecUon (b) s ha l l be used for public hearings. The procedures presented 1 n subsection (c) shall be used for heari ng s not reQuiring publ ic part1c1patlon .

(b) Public Heari ngs. Public hearings shall be held by the Board when adopt10!1 solid waste rules, before 1nttlat1ng eminent domain proceedings, and for any hear1nQ normally not reQuiring publi c part ic ipation but deemed by the board to have s lgn1f1cant publ ic interest . PubHc hearings shall be held by the orrtce prior to act ion upon a pemlt app11cat1on for a facility with a s i gn1f1cant en vi ronmenta 1 impact .

(1) Record. A record of the hearing shall be kept. It shall be made available to the public upon request, the cost of the transcription being borne by the person(s) requesting ,, copy of the transc.ripl .

(2) Authority of the presid1nQ oH1cer. The presidi ng officer of a bo.lrd hearing shall be the board cha1naan or his designee. lhe presiding officer of an office hea ring shall be the office adaln1strator or hh des ignee.

a . The presi ding officer shall have the authority to :

l. Regulate the course of the hearing :

2. Rule upon Issues of evidence ;

3 . Rule upon Issues of procedure : and

4 . Take any other action necessary for the eff1c1ent and orderly conduct of the hearlnq, consi stent with He · P 1901 and RSA 149-M .

b. In \pecla l ca<>es, where good cause appears, the pres iding off icer may allow dev iation frOfl these procedural rules .

(3) Opening state~~~ent . The pres1dln!l orrtc.er shall open the hearing by desc ribing In general tems the purpose of the hearinQ and procedures governing 1ts conduct.

(4) Hearing Procedures

36 He -P 8-88

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HEW HAMIISHlRE. CODE OF ADMINISTRATIVE HUI f. S

a. Rule -Making Hearinqs

1. Testimony

(1) Written testimony. Anyone w1sh1nq to submit written testintOny or exhibits shall do so to the presi ding officer , provided such t es t imonv h signed and dated .

(11} Oral testimony. Anyone wi shinq lo t cs LHv may do so after first submitting to t111: presidinq officer a sheet of paper upon which h wr\tl cn his/her name. residence, and whom they rcprc~ent, 1f anyone. The presiding officer shall call IMch person to present his/her testimony . Penon\ who plan to testify orally are encouraged to place their tesUmony in wr1t inc1 .1nd to s ubmH such written tes timony to the presiding ofr ·icer upon concluding their oral testi•110ny .

2. Questions. At the conclusion of testimony of ea~h w1tne:o;s, questioning of the witness shall be allowed .

3. General discuss ion. The presiding ofrictr \ hall have the option to open the hearing to genP.ral discussion at the conclusi on of testi110ny.

4. Participatory requirements Anyone w\shlng to sPP.olk during the period of questions or general discussion shall be allowed to do so after being qlven pem1ssion and first stating hh na~~e . The pres i dinq officer shall have the power to tcminate any coomenh that are not relevant to the sub.1ect of the hearing.

S. Continuance . Hearin~s may be continued for reasonable cause by the pres iding officer . All appropriate parties shall be nottfied accord ·lngly .

6. Conclusion of hearing . lhe presidinq ofriccr sha 11 ad.1ourn til e hP.artng after everyone ho1s br.en gtven an opportunity to be heard .

7. Reopening the record . At ilny time prior to a final decision, the presiding ofr 1cer may rPopcn the record for further proceed ·inqs conslstenl ""Hh thrse rules provi ded tt1.1t the office .:1 dr1inis trator shall give wrHten notice of such further proceedinqs, and further provided that the office administrator shall notify other in t ereslL•d persons and the pub I ic in a manner a'i is ilPProprlate.

37 He· P R 88

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0500190 NEW HAMPSitlNE. CODE OF AOMlNlSTHAl lVE RULES

b. Penn1l Hear1n~s

1. Testimony

(1) Written testimony. Anyone wishing to submit written testimony or exhibits sha ll do so to the presiding officer, provided such testimony is signed and dated.

(11) Oral testimony . Anyone wishing to testify llilY do so after first submitting to the pres1d1M officer a sheet of paper upon which 1s written his/her nante, residence, and who they represent, if anyone. The presiding officer shall call each person to present his/her testimony . Persons who plan to testify orally are encouraged to place their test11110ny in writing and to submit such written testh11ony to the presiding officer upon conclusion of their oral testi110ny . The order of oral testi110ny is as follows:

1. Pe,..it applicant/consultant 11. Opposition

i11. Neutral tv. Interested state aQenctes.

2. Questions. At the conclusion or testl110ny of j!ach witness , Questioning of the witness shall be allowed .

3 . General discussion . The presiding offi cer shall have the option to open the hearing to general discussion at the conclusion of testimony.

4. Participatory reQuirements Anyone wishing to speak during the period of Questions or general discussion shall be allowed to do so after bein!l given penn1ss1on and first s tating his/her name . The presiding officer shall have the power to terminate any connents that are not relevant to the sub.1ect of the hearing .

5 . Continuance . Hearings !laY be conttnued for reasonable cause by the prestdinn officer or office adfllinistrator. All appropriate parties ~hall be nottfied accordingly,

6. Conclusion of hearing. The presiding officer sha 11 ad.1ourn the hearing after everyone has been ~:riven an opportunity to be heard .

38 He - P 8-88

(·

) NEW HAMPSHIRE COO[ Of AOMINISTNAIIVE RUI.f.S

1. Reopening the record. At any time Drior to a final decision , the office ol dm1n1strator or pre~1d1ng officer may reopen the record for further pro,P.rd\nqs consistent w1th these rules provided that the office ad11tnhtrator shall give written notice of such further proceedings, and further provided that the office ad111inistrator sha 11 not I (y other 1nteres t ed persons and the public in a mann e r as is t'lppropr1 ate .

c . Hearing to Initiate E111inent Domain Proceed1nq

1. Test lmony

{1) Written testimony. Anvone w1sh1nq t o sul.lm1L written testimony or exhib its shall do so to the presiding officer, provided such te '> l imonv h s1gnel1 and dated.

( it ) Oral testt110ny . Anyone wishing to t~-.tifv raay do so after first subnlt tttng to the pres tdinq officer a 'S heet of paper upon which Is written h'h./her na111e, re~idence, and who they rcpre 'ient, 1f anyone . The presiding officer shall call eac h person to pre~e nt hi s/her testi110ny . Persons who plan to testify orally are encouraged to place their testl.ony in writing and to submit such written testi110ny to the presiding offi ce r upon conclusi on of their oral testt110ny.

2. Ouesttons. At the conclusion of testi1110ny of each witness , que stioning of the witness shall be allowed.

3 . General discuss ion . The pres1d1RQ officer sha ll have the option to open the hearinQ to Qeneral di sc uss ion at the conclusion of testimony .

4. Participatory requirements. Anyone .,..lshlnc~ to speak during the period of questions or qeneral discussion shall be allowed to do so after being given permission and first statlnq h1s/her name. The prestdinQ officer ~ hall have the power to terminate any corrrnents that are not relevant to the s ub.1ect of the heartnu .

S. Continuance. Hear inqs may be tont l nued for r ea\onable cause by the presi ding ofr1cer . All appropriate pa rti es ">ha 11 be not lfied alcordtnrj)y ,

39 He P 8 88

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0500192

HEW HAHPSH lRl COOl Of ADHINI S1NA1 tVt. RULF.S

6 . Conclusion of hearing. The presiding officer s ha 11 ad.1ourn the hearIng after everyone has been glvP.n an opportunity to be heard .

1. Reopening the r ecord . At any time prior to a final decision, the presiding officer may reopen the record for furthe r proceedings consistent with these rules provided that the office adrt1n1strator sha 11 qhe writlen noti ce of such further proceedings, and f urther provided that the office ad111inhtrator shall notify other interested persons and the public in a manner as 1s appropriate .

(c) Hearings not requiring public partici pation . These hearings shall be held by the Board :

a . Whene ver a town seeks a district exempt i on . The hearing will be held after due public notification has been ghen to the reraatning towns tn the district. The notHicatton shall be by public notice in a newspaper of general circulation in the d1str1ct; or

b. Whenever any person seeks appeal of an office decision including . but not 11111tted to . pemtt suspension, pem1t revocation. pen11t notification and ad111intstrattve orders .

(1) Record . A record of the heari ng shall be kept. It shall be •de available to the publtc upon request, the cost of any transcription be ing borne by the person( s) requesting a copy of the transcri pt.

(2) Authority of the pres iding officer . The presiding officer shall be the board cha1naan or his designee .

a. The presiding officer shal l have the authority to :

1 . Regulate the course of the hearing:

2. Rule upon issues of evidence ;

3 . Rule upon issues of procedure ; and

4. lake any other action necessary for the efficient and orderly conduct of the hearing, consistent with He ·P 1901 and RSA 149 -M.

40 He-P 8 -88

NlW HAMPSHIRE COOl OF ADMlN! SlRAllVl RUL[S

b. In specia l cases, where good cause appears, the presidlnq officer may allow deviation from these procedural rules.

(3) Opening statement. The presiding officer shall open the hearing by describing In qeneral terns the purpose of tile hearing and the procedures and requirements governlnq 1ls conduct.

(4) Hearing Proced ure s

a. Witnesses. Witnesses may be swo rn . Witnes\c\ will be requl red to s tate for the record theIr name , t ltle, ;1nd reside nce , and the na11es of those whom they repre~ent for the purpose of the hearing.

b . Testimony In wrl tten form. At any t ilfle , prior to or during the course of the hearing, the presi d lnq officer rn..:tv require that all or part of the tes ll110ny to be offered at the hea ring be submitted In wrltlen fom at such time and 1n such fom as flay be specified . All persons orrerinq test1-anv in written fom shall be s ub.1ect to que o; tlonlnq .

c . Cross exa•lnation . There shall be an opportunllv fo r cross examination of wHnesses.

d . Order of direct test1110ny .

1. Appellant and witness that the appellant sel£'ct 'i:

2. Bureau staff llleftlbers and consultants;

3. Representat lves from other governmenta 1 agendes; and

4. Other interes ted persons .

{5) Evidence.

a. General evidence. Evidence releva nt and material to the sub.1ect of the hea r i ng and a type conmonl y relied upon by reasonab 1y prudent persons 1 n the conduct of their affairs shall be admissible. The presidlnq orfiter' s experience, technical competence, and specia11zr.d knowl edq £' mav be utilized in the evaluation of all evidence submilled .

41 He -P 8 88

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NlW HflfoWSIIUI:f. COOl OF AOHlNISlHAliVE HUlf.S

b. Official not ice. The presiding officer may, at any time, take official notice of rel evant laws, official rules and tran ~c ripts of other hearings, .1ud1c1a ll y reco{lnhable fach , qenerally recoHnhed fac h of conr110n knowledge to the general public, and phys ica l, technica l , or sc ientific fatl'ii within its specialized knowledge. The presiding officer shall include in its final decision those facts of which 1t took official nottce, unless those facts are included in the transcript of the record .

c. Documentary and real evidence .

1. All documents , and objects offered 1n evidence as exhi bits shall , 1f accepted , be numbered or otherwise identif ied. Documentary evidence may be received In the form of copies or excerpts 1f the orig inal 1s not readily available. The presiding offi cer ~~av reQuire, after prior oral or written reasonable notice, that any person offe ri ng any doc~~~~entatlon or photographic evidence shall provide the office adrain1strator with a specified maber of copies of such docuraents or photographs unless such docu~~ents or photographs are dete rwi ned to be of such fom . size or character as not to be reasonably capable of reproduction .

2. A 11 written test1110ny and documents, 11ateria 1s, and objects ad•1tted into evidence sha 11 be 11o1dc available duri ng the course of the hearing for public nam1nat1on. All such evidence shall al so be available at the office' s office in Concord dur i ng non~~a l bus iness hours.

d . Recurd of application . ln any proceeding involving an appl i cation , the application riled with the offi ce administrator , 1nclud1nq exh1blt'i and amendntents thereto, shall be pl aced into evidence.

e . Ob.1ectlons. All ob.1ect1ons to rulings or the presiding off icer regarding evidence or procedure and the grounds thererore shall be timely stated dur1nq the course of the hear1n!J. 1f during the course of or arter the close of the hea r ing and during its del iberations the attorney general determines that a ruling of the presiding officer was in error, the hearing may be reopened or other action to correct such error may be taken. Nothing herein shall be construed to permit interlocutory appeal of hearing rulings of the presiding officer.

42 He P 8 88

) NEW HAMPSHIRE. COOl Of ADM1NISTNA11VE RULES

(6) Continuance. Hearings may be continued for reasonab le cause and reconvened from time to time from place to place by the presiding officer as circumstances require. All orders for continuance sha ll specify the time and place at which ~uch hearing shall be reconvened. lhe presidinq officer shal l not lfv interested persons and the public In such a manner •l'i h appropriate to insure that reasonable notice will be qivcn or the time and place of such reconvened hearing.

(1) Conclusion of hearing. At the conclusion of the hearinq, no other evidence or test imonv will be allowed into the r~:cord, except as specified by the pres1d1nq officer.

(8) Reopening the heari ng. At anv time prior tu a f1n.11 deci sion, the presidinQ officer may reopen the n:cord for further proceed1nQs consistent wHh these rules pn1vidcd th.lt the office administrator shall Qhe written nothc or 11uch further proceedinQs and further provided that t11c orfit:c administrator sha ll notify other interested person\ and t11e public 1n a oonner as 1s appropriate .

(9) Prehear1ng conference. Before a hearinQ h held, a prehear1ng conference mav be called to consider s ·illl01ifi cat1on of the issues and s ubmi ssion or facts and document'i. lhe tcln~Plaint or violation may be resolved or reconcil ed at the prehearinQ conference by sti pulation. sett leMent, or consr.n l order. tn no case shall this prehear1ng conference preclude a full hearing whenever ~ uch a hearinQ 1s required under lhe\c rules .

~~£~ #24&2, err 9- !t- 83 ; ss bv 1289), eff 10 ·30 84

43 He P 8 88

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NF.W HAMI1SH IRE. CODF. Of ADMINISlNflliVl NUU.S

lle ·P 1901.11 ~J!!_lq_s_1~~!1~RLJlillctc;H.

(a) App11cab111tv . This section shall apply to mun1c1pal1ttes seck1nq a transfer from one district to another.

(b) Procedures . A mun1c1pality may not transfer from one district to anoth e r without the final approval of the board. The follow1nq procedures shall apply to petitions for such transfers:

(1) Obtain approval of new districts. A mun1cipa1H:v seeking a transfer shall first obtain the wrHten approval of the district to which 1t desires to be trdnsferred . If the mun1c1pa11t.v seeks to be transferred to a district which has not been previous l y approved by the board. the mun1c1pa11ty shall obtai n the written approval of each of the mun1 c1pa11t1es 1n the proposed new district .

( 2 ) ReQuest approval of current district. After the JIOnic1pa11ty satisfies reQuiren~ents of He ·P 1901.11(b)(l), the •.m1c1pa11ty shall seek the wr itten approval of the distri ct fr011 which it desires to be transfe rred . The reQuest for the release fr0111 the current district shall be sent by certtfied llil11, return receipt reQuested. ln the event that the current dis trict does not issue a written decision approvin~ or denying the reQuest wtth1n 45 da.vs, the reQuest shall be deemed to have been approved .

(3) Petition board for approval of transfer.

a . A munici pal ity seeking a transfer frOfl one distri ct to another naay subftlit a written pet1Lion to the board fo r final approval of the transfer onlv after the reQuirements of He ·P 1901.11(b)(l) and {2) ha ve been satis fi ed . The petit ion shall include a statement of facts which, as a •l nimum, addresses each of the criteria set forth in He P 1901.ll(c) .

b. The board shall conduct a hearlnq on the petition in accordance wl th the procedures out l i ned in He Rp 1901 .1 0( c), applicable to towns seek1 M a district exemption, except that notice or the petition and hearing shal l be given to the petltioninQ mun1cipa11ty, the current district, and the new district.

c. A transfer from one district to another shall not take effect until the board issues a written decision approving the transfer based on the criteria listed In He ·P 1901. ll(c) .

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NEW HAMPSHIRE CODE Of AOMINISlHAllVE RULES

(c) Cr1ter1a for approving transfers. A mun1cioa11t)l seeklnr1 a transfer from one district to another shall , as oJ mt nlmum , addrcs<, the fo11ow1nQ criteria :

{1) lhe mun1c1pality' s total disposa l cosh, inc lud1nq transportation costs, tipping fee s, and other cost ~ . in the current district a !. compared with H s pro.1ected costs In the proposed distric t.

(2) Whether the di strict to which the mun1c1pa l1ly seek<, Lu IJe transferred has an implementati on plan which is better s uited Lo the II'II.J01c1pa11ty's needs than 1s the 1mplementallon pl.Jn of the district from which the mun1c1pa11t.v s eeks to be trans ferred;

(3) Whether the trans fer, 1f approved, wi ll Ullreason;ltJlv de lay the Allln1c1palih'' s compliance w1th the requirement s or RSA 149 --M:13 :

( 4} Whether the transfer . 1f approved . wi II have an unreasonably adverse econon~tc effect on the district from whi ch the lllln1c1pa11ly seeks to transfer:

(5} Whether the transfer. H approved, will have an unreasonably adverse effect on the ability of either the current district or the new district to c0111plv with their implementation plans or othervtse comply with the rrqutrentents of RSA 149 ·M:1B and 19; and

(6} Such other cr1ter1a as the board mav deem appropriat e under the particular ctrcurastances of a proposed trans fer.

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AMENDIIENTS TO SECTIONS OF THE NEW HAMPSHIRE SOLIO WASTE RULES BY ADDING TO THE FOLLOWING SECTIONS:

He-P 1901.03

He-P 1901.04

He-P 1901. 05

Deffnftfons

Permitti ng Procedures for Solfd Waste Fac1 1ft1es

Standards of Solfd Waste Facfl ftfes

Effective Date : August 19, 1988

N. H. Department of Environmental Services Waste Management Dhiston Health and Welfare Building 6 Hazen Orf ve Concord, New Hampshf re 03301-6509 TEL : 603-271-2925

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AMEND He-P 1901.03 DEFINITIONS BY THE ~DDITION OF THfToUoiilijG:

{ajl) "New Idea • ~:~eans a method for making, do i ng or accomplishing something whfch shows a marked departure fr Ofil previous practice.

(atl) "Research and Development Facility• means a place such as a private sector laboratory, or a laboratory under the control of a University, where studious inquiry, fnvestfgatfon or experfl'llentatfon aimed at the discovery and interpretation of facts fs carried out. Development of innovative equfpr:.ent and process proceed thereafter based upon the experimental results to bring a piece of equipment or procus fnto being .

(rl) "Experiment• ~~eans an operation employed to resolve uncertainty.

{zl) "Innovative• means characterized by or productive of new things or new ideas .

(11) "Demonstration• ~~~eans an act of showing or displaying .

) {bfl) •university• IDI!ans an institute of higher learning providing hcflftfes .....__ for teaching and research and authorized to grant academic degrees.

(aql) •Private Sector• means a particular person or group as opposed to the public or the gover1111ent, being a distinctive part of the state economy and the national economy.

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AliENO He-P 1901.04. PERMITTING PROCEDURES FOR SOLID WASTE F~CJLITIES SY THE AbbltldN OF A SUS-SET TO BE (g){5).

(g)(S) Research Development and Oenxmstration Permits.

a. The Director may issue a research development and demonstration permit for any so lid waste facility which proposes to utilize an innovative and experimental waste treatment technology or process for which specific permit procedures for such activity have not been adopted under RSA 14944:8. Such permits:

1. Shall include such terms and conditions as will assure protection of human health and the env ironment.

2. Sha ll provide for construction of such facilities as necessary. and for operation of the facility for not longer tha n one year. Permits issued under this section may be renewed. Each such renewal shall be for a period of not more than one year.

3. ·Shall provide for the receipt, storage and treatment by the facility of only those types and quantities of municipa l so lid waste (MSW) which the Director deems necessary for purposes of determining the efficiency and performance capabilities of the technology or process on human health and the envfronaent.

4. Shall include but not limited to requirements regarding monitoring operation. closure and remedial act ion .

5. Shall include requirements regarding testing and providing of fnfomatfon to the Director with respect to the operation of the facility.

b. The Director shall order an fr.wned iate termi nation of all operations at the facility at any time he determines tha t te rmination fs necessary t o protect human health and the environment.

c. P. permit when issued shall beal" the signature of tl'le Director of the Waste Management Division of the New Hampshire Depa!"tment of Environmen tal Services.

d. Each applicant for a permit fol" a Research and Development Ol" a demonstration facility under RSP. 149-f~:S(b) and 149-tl: lO shall obtain the necessary form from the Waste Management Division and sha 11 supply the following information:

1. Institution's legal name, business address and phone nur.~ber.

2. Applicant's legal nar:~e, business address and phone nur.~ber.

3. Installation: Description, location, date designed and date projected for equipment installation and stal"t-up.

) 4. The process thru -put or through put for the major research be ing undertaken for raw materials and the amount of raw materials entering the process.

5. Storage area or storage tank capacity and the number of days for which storage 1s projected.

6. Type of pollutant control equipment.

7. Pollutants entering control equipment material rate and final use of collected pollutants.

e. Those fac111t1es that do not pose a significant effect on environr:1ental quality shall be reviewed in accordance with the fo ll owing schedule :

1. Application. Within 30 days of the receipt of a permit app 1 teat ion, the offi ce sha 11 determine if the app Heat fon 1s complete and notify the applicant in writing of its dec ision.

2. . Evaluation . Within 30 days after receipt of a complete application, the office shall evaluate the application, and all submitted information.

3. Permit Issuance or Denial. Prior to the expiration of the 30 day evaluation period, the office shall either issue or deny the permit, and shall send written notice of its decision to the applicant and the district.

4. Pemft Issuance. If a permit is issued, the permit shall specify the terms and conditions of operation.

5. Permit Denial. If a permit fs denied, the decision shall include a statement of the specific reasons for the dental and the appli cant may appeal the decision fn accordance with procedures set forth in ~-P 1901.10(h).

f. Those facilities that pose a significant effect on env t rom11ental quality shall be reviewed in accordance with He-P 1901.04(;).

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AMEND He·P 1901.05 STANDARDS OF SOLID WASTE FACILITIES BY THE ADDITION OF SUB-SETS (1) and (j) after (h).

1). Standards for Research and Development Fac111tfes .

1. The design and operation of these facilities shall comply

~~;~g;::n5ge(~e{aa~d s~j)d~~~~e s:~e:ffttcha 1 ~~ ~:~i?~!C~e .( a) and a 1 so 2. The facility shall be wherein experiments are carried out to investigate the latest state-of-the-art technology of municipal solid waste (HSW) equipment, materials, classifying, storage and processing.

j. Standards for Demonstration Facilities.

1. Indoors: Whenever operation of innovative equipment or techniques such as glass, metals, plastic, paper recovery, etc., fs demonstrated wfthfn an enclosed building, the facility shall comply with the standards set forth fn paragraphs (a), (e) and (1) of this section.

2. Outdoors: Facilities set·up to demonstrate innovative equipr.l!nt and experimental process shall comply wfth the standards set forth in paragraphs (a)(b)(c)(d) and (f) of this sect ion.