All permit-exempt landfills identified in this part shall comply with the following requirements:

1. (a) A permit-exempt landfill shall not be located on property that is subject to any ongoing enforcement action by the department, unless approved by the presiding authority over the enforcement action, such as the department in an action commenced under Env-C 204, an environmental council over an administrative action appealed pursuant to RSA 21-O:14, or the judge in a civil action brought before a court of competent jurisdiction;
2. (b) A permit-exempt landfill shall not adversely affect the operation and closure of any existing facility;
3. (c) The owner of the property on which the facility is located shall be designated as the permittee and subject to all obligations related thereto;
4. (d) At all times during facility operations, the permittee shall maintain cover materials at the facility site in a sufficient quantity as to comply with the applicable cover requirements;
5. (e) During the active life of the facility, the permittee shall control access to the facility in a manner as to prevent unlawful dumping;

6. (f) The permittee shall close the facility in conformance with Env-Sw 1006 and the following:

   1. (1) No less than 2 feet of clean, compacted soil, and more when specified by the rules in this part, shall be placed as final cover over all landfilled waste;
   2. (2) Final cover shall be properly graded, seeded, and mulched to produce and sustain vegetative growth, or otherwise stabilized to prevent erosion;
   3. (3) The permittee shall regularly inspect the facility to assure that the cover materials maintain their integrity, that voids and sink holes do not develop, and that the site is otherwise protective of the environment, public health and safety; and
   4. (4) The permittee shall implement repairs or take other remedial action as necessary to achieve and maintain compliance therewith;
7. (g) The facility shall comply with all other requirements specified in Env-Sw 1000 and, depending on the type of waste managed at the facility, Env-Sw 900; and
8. (h) All waste managed at the facility shall be actively managed.

Source. #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24