1. (a) The location of a facility shall be on property owned by the permittee or on property for which the property owner has granted a lease, easement, or other legal right to the permittee for use of the property for said purpose, including access to the property when required by the permittee and department for closure and post-closure monitoring of the facility and site.
2. (b) The location of a facility may be on property where a right-of-way, easement, or other legal right for use of the property is granted to a third party, provided that the grant shall not adversely affect the permittee's ability to meet all facility requirements pursuant to RSA 149-M, the solid waste rules, and the terms and conditions of the permit.

Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2703.03); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24