1. (a) Upon receipt of registration from the owner of a landfill that stopped receiving waste before July 10, 1981, the department shall:

   1. (1) Review the information submitted; and
   2. (2) Determine whether the information provided is sufficient to support a claim of exemption.
2. (b) A registration that is filed contrary to Env-Sw 303 or that provides insufficient information to make a determination as to exemption status, shall be returned, with a written explanation as to the reason(s) for returning the registration and a copy of the registration with deficiencies highlighted, within 30 days of receipt of registration.
3. (c) Return of a registration due to improperly filing or completing the registration shall not preclude the registrant from later obtaining an approval by submitting a registration that meets the registration filing requirements of Env-Sw 303.

4. (d) If the registration is complete, and the department determines:

   1. (1) That the facility is exempt pursuant to Env-Sw 101.04, within 60 days of the date of receipt of the registration or from a timely notice per (b) above, the department shall notify the facility owner and host municipality of such status and:

      1. a. The requirements of RSA 485 if it determines that the landfill is a known or suspected source of groundwater or surface water contamination;
      2. b. The requirements for site closure and post-closure care in compliance with RSA 147-A, RSA 141-E, Env-Sw 2100, 40 CFR Part 61, 29 CFR Part 1910, and 29 CFR Part 1926 if it determines that the landfill is a known or suspected asbestos disposal site that stopped receiving waste before July 10, 1981; and
      3. c. The requirements of (d) through (f) below; or
   2. (2) That the facility is not exempt pursuant to Env-Sw 101.04, within 60 days of the date of receipt of the registration or from a timely notice per (b) above, the department shall notify the facility owner and host municipality of such status and provide instructions on next steps.
5. (e) If the facility is exempt, the owner shall attach the department’s notification issued pursuant to (c)(1) above to the property deed and cause the notification to be recorded at the registry of deeds in the county where the property is located.
6. (f) Unless otherwise documented in a legally enforceable written agreement, the owner of the property on which the landfill is located shall be the owner of the landfill.
7. (g) Re-registration is not required when landfill ownership is transferred.

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)