- (a) No person shall construct, modify or operate a facility without first obtaining a permit from the department or without qualifying for and maintaining interim status.
- (b) An operator of an existing facility that files an interim status application with the department and otherwise qualifies for interim status in accordance with Env-Hw 304.02 may operate without a standard permit or transfer facility permit until the department makes a final determination on its standard permit or transfer facility permit application. An interim status facility shall comply with all requirements established by Env-Hw 304.02 in order to maintain interim status and shall submit an application for a standard permit or transfer facility permit in a timely fashion as required by Env-Hw 304.10(b).
- (c) Unless exempted by Env-Hw 303.02, the operator of a new facility shall obtain a standard permit in accordance with all requirements of Env-Hw 304 before construction or operation of the facility begins.
- (d) The operator of a facility, including a generator, who operates an elementary neutralization unit or wastewater treatment unit including an evaporation unit, shall obtain a limited permit for that unit in accordance with Env-Hw 304.04.
- (e) The operator of a facility shall have a duly issued permit from the department throughout the facility’s active life, including closure and post-closure care, as applicable. Denial of a permit pursuant to this chapter for the active life of a facility shall not affect the requirement to prepare and implement a closure and post-closure plan.
- (f) The operator of a facility holding one or more permits issued by other New Hampshire or federal programs shall also obtain a permit pursuant to this chapter unless specifically exempted by the hazardous waste rules.
(g) When a facility is owned by one person but is operated by another person, then:
- (1) The operator shall obtain the permit; and
- (2) The owner shall also sign the permit application.
Source. (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17