(b) A facility shall not be deemed abandoned if the permittee provides written notice to the department, within 90 days of ceasing operations, identifying the conditions for the temporary cessation of operation and identifying the provisions for resuming operation, including the following information:

1. (1) Facility identification;
2. (2) Activity(s) being temporarily discontinued;
3. (3) Reason for the temporary discontinuance of activity(s);
4. (4) Date activity(s) are anticipated to resume; and
5. (5) Provisions which will be undertaken to protect the environment, public health and safety during the temporary discontinuance.

(e) If the permittee fails to take action to secure the facility and site as specified, or if a temporary cessation exceeds 2 years, then the permittee shall be required to implement closure in accordance with Env-Sw 406, Env-Sw 506, Env-Sw 606, Env-Sw 706, Env-Sw 807, Env-Sw 1006, Env-Sw 1106, Env-Sw 1205, Env-Sw 1403, and the permit.

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 2806.05); ss by #10598, eff 7-1-14; ; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34 (formerly Env-Sw 1106.05)

Appendix

Rule Sections

State Statute(s) Being Implemented

Env-Sw 1100

RSA 149-M:6, III; RSA 149-M:7, II, III, and XIV; RSA 149-M:9, I and III