1. (a) This section establishes requirements, in addition to those requirements specified in Env-Sw 1000 and Env-Sw 1100, for inspecting, maintaining, and monitoring landfills which have not undergone closure pursuant to an approved closure plan, and specifies the reporting and recordkeeping requirements related thereto.
2. (b) Unless otherwise specified, the word “daily” as used in this section shall mean on each operating day.

3. (c) The permittee shall regularly inspect and maintain all facility components, including:

   1. (1) Roads;
   2. (2) Berms;
   3. (3) Active and inactive filling areas;
   4. (4) Pipes;
   5. (5) Vaults;
   6. (6) Valves;
   7. (7) Tanks;
   8. (8) Ponds;
   9. (9) Equipment;
   10. (10) Temporary, intermediate, and final cover;
   11. (11) Permanent and temporary fencing;
   12. (12) Groundwater monitoring wells;
   13. (13) Gas management and monitoring devices; and
   14. (14) Electric panels, switches, relays, alarms, and automatic dialers.
4. (d) At least once weekly, litter shall be collected from fences, roadways, trees, and other areas, and stored or disposed.

5. (e) Leachate management systems shall be monitored, and the data reviewed by the permittee and recorded in the facility operating records, as follows:

   1. (1) The hydraulic head elevation on the liner shall be measured at the low point of a cell, phase, or stage where leachate is collected, and recorded:

      1. a. At least once per month;
      2. b. After each storm event greater than or equal to the 2-year/24-hour storm; and
      3. c. If the hydraulic head is found to be 12 inches or greater, daily until the hydraulic head is less than 12 inches;
   2. (2) The quantity of leachate collected off the liner systems and transported off-site or treated shall be measured daily, and the destination recorded;

   3. (3) Flow in the secondary leachate collection system(s), shall be measured and recorded:

      1. a. At least once per week; and
      2. b. More frequently when required to complete the reporting pursuant to (n) below;
   4. (4) The average flow in the secondary leachate collection system(s) occurring during the 30-day operating period preceding the last measurement shall be calculated, recorded, and, when required pursuant to (l) below, reported;

   5. (5) Analytical characteristics, based on representative samples taken from the primary leachate collection system in April, July, and November, and, if liquid is present, from the secondary leachate collection system in July, shall be determined for the following parameters:

      1. a. pH;

         b Temperature;

      2. c. Chemical oxygen demand (COD);

         d Specific conductance;

      3. e. Iron;
      4. f. Manganese;
      5. g. Sulfates;
      6. h. Chlorides;
      7. i. Chromium;
      8. j. Lead;
      9. k. Cadmium; and
      10. l. Except for ash landfills, volatile organic compounds (VOCs);

   6. (6) Analytical characteristics, based on representative samples taken from the primary leachate collection system in July, shall be determined for the following additional parameters:

      1. a. Per- and polyfluoroalkyl substances (PFAS) as determined by EPA Method 1633;
      2. b. Total solids (TS);

      3. c. Total volatile solids (TVS);

         d Total suspended solids (TSS);

      4. e. Volatile suspended solids (VSS);
      5. f. Five-day biochemical oxygen demand (BOD5);
      6. g. Total Kjeldahl nitrogen (TKN);
      7. h. Ammonia-nitrogen (NH3-N);
      8. i. Total phosphorous;
      9. j. Alkalinity;
      10. k. Grease; and
      11. l. Linear alkylbenzene sulfonate (LAS); and
   7. (7) The liquid level in the leachate storage tanks shall be measured on a daily basis at facilities not connected to a wastewater treatment facility and on a weekly basis at facilities connected to a wastewater treatment facility.
6. (f) Landfill gas concentrations shall be measured no less than quarterly and in accordance with Env-Sw 806.07.
7. (g) Groundwater and surface water quality monitoring systems shall be monitored, and the data reported as required pursuant to RSA 485-A or RSA 485-C, as applicable.
8. (h) Where electronic monitoring and recording systems are used, including supervisory control and data acquisition systems, the maximum value identified by the system for the subject monitoring period shall be used for purposes of monitoring, recording, and reporting data in accordance with this part.

9. (i) Permittees shall file quarterly and annual reports in accordance with Env-Sw 303, according to the following schedule:

   1. (1) Quarterly reports shall be filed no later than 30 days following the end of the quarterly reporting period;
   2. (2) Annual reports shall be filed no later than March 31 of the year following the calendar year being reported; and
   3. (3) For facilities managing putrescible wastes, annual odor control evaluations shall be filed no later than August 31 of the year following the year being reported, which reporting year shall be July 1 through June 30.

10. (j) The quarterly report shall include:

    1. (1) The name and permit number of the reporting facility;
    2. (2) The data specified by (d) and (e) above, excluding leachate analytical data required by (d)(5) and (d)(6);
    3. (3) Quantity and type of waste received by the facility daily, in tons;
    4. (4) Data units for each type of data reported;
    5. (5) Reporting period or dates the data was collected, for each type of data reported;
    6. (6) Monthly and quarterly subtotals for each type of data reported;
    7. (7) A summary of complaints received, and mitigation measures taken relative to each complaint; and
    8. (8) A summary of leachate breakouts, including a site plan showing the approximate location(s), and actions taken to address the breakout.
11. (k) The leachate analytical data required pursuant to (e)(5) and (e)(6), above, shall be compiled, evaluated, and filed in accordance with Env-Sw 303, no later than 60 days following receipt of analytical results.

12. (l) Annual reports shall:

    1. (1) Be prepared as specified by Env-Sw 1105.13 and Env-Sw 1105.14, as applicable; and

    2. (2) Include:

       1. a. A summary of the facility inspection and maintenance activities;
       2. b. An analysis of remaining capacity based on a site survey which identifies the remaining facility capacity;
       3. c. A 5-year trend analysis of changes in flow rates for primary and secondary leachate systems; and
       4. d. A 5-year trend comparison of the leachate indicator parameters of chloride, nitrate, TKN, iron, and manganese in the primary leachate system to the same leachate indicator parameters in the secondary leachate system.

13. (m) An annual odor control evaluation shall include:

    1. (1) Facility description, including a description of the landfill gas collection and control system, and facility changes since the previous reporting year;

    2. (2) A review and evaluation of odor control practices and measures employed by the facility during the reporting period, including:

       1. a. A comparison of those practices with industry standard and best practices;
       2. b. A review of odor control methods used at the facility specifically including but not limited to control measures employed for areas used to stage trucks waiting to off-load, the working face, locations under construction, and locations without final cap; and
       3. c. An assessment of the effectiveness of odor control measures based on an evaluation of records compiled for odor events including sludge, construction related odors, landfill gas odors, leachate odors, and control methods used;
    3. (3) A landfill gas collection system analysis, including system design and development, for example, phased installation, system and well field coverage, system design, and landfill gas collection, recovery, and efficiency;
    4. (4) Odor complaint analysis and summary, including geographical trends, weather-related trends, temporal trends, such as, time-of-day, seasonal, waste composition trends, working face location trends, landfill cover trends, and landfill gas system function trends;
    5. (5) Conclusions and recommendations, including such relative to daily and routine operations, landfill gas system operations, leachate management practices, construction practices, and odor complaint reporting and response procedures;
    6. (6) An implementation plan, including dates by which the permittee has already or shall timely implement the recommendations;
    7. (7) A status update regarding the implementation of recommendations in prior odor control evaluation reports; and
    8. (8) Figures, tables, and attachments, including a site locus map, a gas extraction well location plan, a figure showing odor complaints by location, figures showing graphical trends of landfill gas and waste composition data relative to odor complaints and weather, tables summarizing final cover installation and daily cover use as well as annual odor complaints and surface emissions monitoring results, and logs of odor complaints and waste loads rejected due to odors.

14. (n) The following reporting requirements shall apply to the average secondary leachate collection system flow rates occurring over a 30-day period:

    1. (1) Rates less than or equal to 25 gallons per tributary acre per day shall be reported to the department in accordance with (h) above;
    2. (2) Rates which exceed 25 gallons per tributary acre per day shall be reported to the department in accordance with Env-Sw 1005.09, except for flow which the department agrees is the result of the dewatering of the drainage layer following construction; and

    3. (3) Rates which exceed 50 gallons per tributary acre per day shall:

       1. a. Be reported to the department in accordance with Env-Sw 1005.09; and
       2. b. Require the permittee to submit to the department a report of the investigation into the cause(s) of the rate exceedance(s) and a response action plan within 60 days of submitting the report required by a. above.

15. (o) The response action plan required by (n)(3) above:

    1. (1) Shall include:

       1. a. Confirmation of the source and cause(s) of the increase in flow;
       2. b. Response actions to address the cause(s); and
       3. c. A schedule for implementing the response action plan; and

    2. (2) May include but is not limited to the following response actions necessary to remedy the likely cause of the problem:

       1. a. Increasing monitoring and reporting;
       2. b. Instituting operational changes to limit hydraulic head on the overlying liner;
       3. c. Locating and repairing leak(s);
       4. d. Retrofitting the overlying liner; or
       5. e. Closing part or all of the facility.

16. (p) Upon receipt of solid waste by a landfill, the permittee shall obtain a written statement bearing the signature or electronic equivalent of the transporter certifying that the following information is true and correct to the best of the transporter’s knowledge and belief:

    1. (1) The printed or typed name and mailing address of the person delivering the solid waste;
    2. (2) The date of delivery;
    3. (3) A declaration of the total number of tons of solid waste being delivered to the facility; and
    4. (4) The point of origin of the waste contained in each load, identified by individual state, and number of tons from that state.
17. (q) Destruction of facility records or electronic storage of facility records shall not occur unless approved pursuant to the provisions for a permit modification in accordance with Env-Sw 315.
18. (r) The landfill owner shall attach notification to the property deed that a landfill exists on the property and cause the notification to be recorded at the registry of deeds in the county where the property is located within 30 days of commencing operations.
19. (s) Proof of notification of filing pursuant to (p) above shall be provided to the department by the permittee within 30 days of commencing placement of waste.

20. (t) Notification pursuant to (p) shall include the following information:

    1. (1) A statement that a landfill exists on this property;
    2. (2) Identification of the book and page numbers in the registry of deeds where title to the property is recorded;
    3. (3) Identification of the property tax map and lot numbers as identified by the political subdivision in which the facility is located;
    4. (4) Latitude and longitude of a known fixed point at the landfill site; and
    5. (5) The facility name, permit number, and standard permit issuance date.

Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.08); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24