1. (a) A standard permit, emergency permit, permit-by-notification, or research and development facility permit shall:

   1. (1) Be issued in conformance with Env-Sw 305.04;
   2. (2) Specify the functional classification of the facility pursuant to Env-Sw 302;
   3. (3) Specify that the facility shall be constructed, operated, and closed, including post-closure care, in accordance with RSA 149-M and the solid waste rules;
   4. (4) Identify all plans approved by the department as part of the permit and incorporate said plans by reference into the terms and conditions of the permit; and

   5. (5) Include terms and conditions, based on the information provided in the permit application and in conformance with the applicable facility requirements in Env-Sw 400 through Env-Sw 1200 and Env-Sw 1400, for the following:

      1. a. Facility name;
      2. b. Facility location;
      3. c. Facility design;
      4. d. Facility construction;

      5. e. Facility operation, including:

         1. 1. Operating restrictions including:

            1. (i) Facility function;
            2. (ii) Design capacity;
            3. (iii) Service type;
            4. (iv) Service area; and
            5. (v) Authorized and prohibited waste types;
         2. 2. Public benefit requirements pursuant to RSA 149-M:11;
         3. 3. Inspection, maintenance, and monitoring requirements; and
         4. 4. Reporting requirements;
      6. f. Financial assurance for guaranteeing the cost of facility closure; and
      7. g. Facility closure, including post-closure care requirements.
2. (b) Except for a permit-by-notification, emergency permit not exempt pursuant to Env-Sw 313.02(b) or research and development permit not exempt pursuant to Env-Sw 312.02(b), a permit issued on the basis of a permit application containing preliminary as opposed to final plans for facility design and construction, operation, financial assurance, or closure, shall include terms and conditions requiring the permittee to obtain final plan approval pursuant to the provisions of Env-Sw 315.
3. (c) A standard permit issued for a facility that will be constructed in phases over time, such as a landfill, shall specify terms and conditions requiring the permittee to obtain final design plan approval for construction on a phase by phase basis pursuant to the provisions in Env-Sw 315.
4. (d) Pursuant to the provisions of RSA 149-M:9, XI, a facility permit shall be continuous in duration, extending from the date of signature through any required post-closure care period, except as provided by (e) below, Env-Sw 305.07, and Env-Sw 306.

5. (e) Pursuant to the provisions of RSA 149-M:11, XI, a permit shall expire as follows:

   1. (1) A standard permit issued pursuant to Env-Sw 314 for a new facility shall, unless the permit specifically exempts the facility from the below requirements on the basis of a demonstration of public benefit that accounted for a later date than that required below:

      1. a. Expire 2 years from the date of issuance if the permittee has not obtained approval to construct the facility pursuant to the provisions of Env-Sw 1104; or
      2. b. If construction is not required, expire one year from the date of issuance if the permittee has not obtained approval to operate the facility pursuant to the provisions of Env-Sw 1105;

   2. (2) A permit-by-notification issued pursuant to Env-Sw 311 shall expire:

      1. a. For a facility with an active life longer than 90 days, one year from the date of issuance if facility construction has not commenced, or one year from the date of issuance if construction is not required and operations have not commenced; and
      2. b. For a facility with an active life of 90 days or less, 90 days from the date the facility will commence operations, as declared in the application;
   3. (3) An emergency permit issued pursuant to Env-Sw 313 shall expire following completion of the emergency response actions and facility closure requirements identified in the permit; and
   4. (4) A research and development facility permit shall expire following completion of the studies and facility closure requirements identified in the permit.
6. (f) Any proposed change to the name, location, design, operation, or closure, including post-closure care and use, or financial responsibility of a facility as permitted by the department pursuant to Env-Sw 315 and Env-Sw 305.06, except as noted in Env-Sw 311 and Env-Sw 315.01.

Source. (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)