- (a) Notice of intent to permanently close a facility shall be submitted to the department on the form entitled “Notice of Intent to Permanently Close a Solid Waste Facility”, NHDES-S-05-036, 8-27-2024, available at: https://onlineforms.nh.gov/?formtag=nhdes-s-05-036.
(b) The notice of intent to permanently close shall be signed by the permittee, facility owner, and property owner and shall constitute:
- (1) An acknowledgment by the permittee that any approval to close the solid waste facility, if granted, may be subject to post-closure care responsibilities;
- (2) Affirmation by the permittee that the facility will be closed in accordance with the closure requirements specified in Env-Sw 1006 and Env-Sw 1106;
- (3) Affirmation by the permittee that they have provided a copy of the notice to the host municipality and district as required by (c)(2), below;
- (4) Affirmation by the facility owner that the permittee has the legal right to close the facility in accordance with applicable requirements;
- (5) Affirmation by the property owner that the permittee has the legal right to occupy and use the land on which the facility is or will be located for the purposes specified in the facility permit;
- (6) Affirmation by the facility owner that they shall grant access to the facility for closure and post-closure care as required by the solid waste rules and RSA 149-M; and
- (7) Affirmation by the property owner that they shall grant access to the land for closure and post-closure inspection, monitoring, and maintenance of the facility and site as required by the solid waste rules and RSA 149-M.
(c) The notice of intent to permanently close shall be:
- (1) Filed with the department in accordance with Env-Sw 303; and
- (2) Copied to the host municipality and district.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2806.02); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34