1. (a) “Type I-A modification” means a modification that is an amendment to the terms and conditions of a permit that is not a type II through type V modification and that has the potential to adversely affect the state’s ability to achieve the waste reduction goal in RSA 149-M:2 by means of establishing and maintaining an integrated system of facilities which is consistent with the hierarchy in RSA 149-M:3 and which provides a substantial public benefit pursuant to RSA 149-M:11, including but not limited to:

   1. (1) Increasing the approved design capacity of a facility;
   2. (2) Changing the expiration date of a permit;
   3. (3) Reducing the operating life expectancy of a New Hampshire landfill without a comparable reduction in the permitted capacity of the landfill, such as by directly or indirectly increasing the quantity of waste received daily;
   4. (4) Expanding the permitted service area of a facility;
   5. (5) Changing the facility service type from a limited service area facility to an unlimited service area facility; and
   6. (6) Changing facility operations to include a waste management method less preferred in the RSA 149-M:3 hierarchy than authorized by the current terms and conditions of the permit.
2. (b) “Type I-B modification” means a modification that is an amendment to the terms and conditions of a permit that is not a type I-A modification, or a type II through type V modification and, based on information available at the time the modification is proposed, there is no expectation that the proposed change will adversely affect the state’s ability to achieve the waste reduction goal in RSA 149-M:2 by establishing and maintaining an integrated system of facilities which is consistent with the hierarchy in RSA 149-M:3 and which provides a substantial public benefit pursuant to RSA 149-M:11.

3. (c) “Type II modification” means an amendment to the terms and conditions of a permit to approve and incorporate by reference final or updated design, operating, financial assurance, or closure plans for a facility which have been prepared pursuant to a condition of the permit or a solid waste rule specifically requiring submission of such plans, including but not limited to:

   1. (1) Approving final plans for construction, operation, financial assurance, or closure of a facility based on previously approved preliminary plans, as required to satisfy prerequisites for construction or operation pursuant to Env-Sw 1100, and Env-Sw 305.05(b) and (c);

   2. (2) Approving updated final plans for construction, operation, financial assurance, or closure of a facility that is merely a change to improve the same within the limits specified in the permit and do not:

      1. a. Alter the permitted facility’s functional classification;
      2. b. Change the basis of the approved facility design;
      3. c. Alter the post-closure use of the facility; or
      4. d. Increase the potential for nuisance conditions; and
   3. (3) Approving preliminary plans for closure of a landfill under the provisions of a temporary permit pursuant to Env-Sw 307.08(b).

4. (d) “Type III modification” means an amendment to the terms and conditions of a permit to effect one of the following minor changes:

   1. (1) A change in facility operating hours;
   2. (2) A change in the facility street address that does not constitute relocation of the facility;

   3. (3) A change in an above-ground site feature, including a facility structure or appurtenance, that:

      1. a. Is made subsequent to filing record drawings in accordance with Env-Sw 1104.07;

      2. b. Does not:

         1. 1. Alter the permitted function(s) of the facility;
         2. 2. Change the basis of the approved facility design; or
         3. 3. Violate any applicable siting criteria specified in the solid waste rules; and
      3. c. Is merely a change to improve facility operations within the limits specified in the permit;

   4. (4) A change in facility operations to separately collect, store, and transfer the type of select recyclable materials not previously authorized by the permit, to the extent that the activity:

      1. a. Does not increase either the design capacity or design storage capacity of the facility; and
      2. b. Does not require a change in the approved financial assurance plan of record for the facility;
   5. (5) Changes in the approved operating plan of record or approved closure plan of record that are corrections of typographical or clerical errors, or updates to contact information that do not constitute changes required to be made pursuant to a type IV permit modification;

   6. (6) Changes in the following activities:

      1. a. Activities not regulated by the solid waste rules but involving a waste listed in Env-Sw 101.03; and
      2. b. Activities that are permit-exempt pursuant to Env-Sw 302.03;
   7. (7) For a permit-by-notification, a change in the authorized wastes consistent with the requirements and limitations in Env-Sw 1200 and Env-Sw 407, Env-Sw 507, or Env-Sw 607, as applicable;

   8. (8) For landfills:

      1. a. A proposed alternative cover material demonstration pursuant to Env-Sw 806.03(f)(1);
      2. b. A change in the type of cover material to be used at the facility, pursuant to Env-Sw 806.03(e)(2)a., b., c., or e.; or
      3. c. Expansion of an existing decomposition gas management system within the landfill footprint that is designed based on previously approved preliminary plans;
   9. (9) A name change for the permittee or facility that does not constitute a type IV modification;
   10. (10) A change in organizational structure that does not constitute a type IV modification; and
   11. (11) A change in the property ownership that does not constitute a type IV modification.

5. (e) “Type IV modification” means an amendment to the terms and conditions of a permit to authorize permit transfer and record a change in the:

   1. (1) Operational control of a facility; or

   2. (2) Ownership of the facility, as follows:

      1. a. A change in officers, directors, partners, or individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility identified pursuant to Env-Sw 303.14(a);
      2. b. For a partnership, a change in the majority of general partners;
      3. c. For a corporation, a transfer of the majority of corporate assets or of a majority of voting shares to a new individual or entity;
      4. d. For other organizations, a transfer of the control of the organization to a new individual or entity; and
      5. e. For an individual, transfer of control to another individual or entity.
6. (f) “Type V modification” means an amendment to the terms and conditions of a permit pursuant to Env-Sw 1105.06(b) to allow facility records to be stored at off-site locations or electronically, or to be destroyed.

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; amd by #12404, eff 10-21-17; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)