Granite State Landfill LLC State Permitting

Permitting process, updates and documentation for the proposed landfill project in Dalton spanning multiple NHDES programs.

There are aspects of this proposed project that pertain to a wide range of environmental issues that require regulation and permits from various bureaus and programs within NHDES, including: solid waste, air quality, surface water quality, groundwater, land disturbance and wetlands.

Scroll down to see Wetlands Permit and Water Quality Certification Permit application information.

NHDES implements state requirements for the control of air pollution, the majority of which are contained in New Hampshire statutes RSA 125-C and RSA 125-I and rule subtitle Env-A. NHDES also, under agreement with the EPA, implements many federal requirements for the control of air pollution.  

New landfills are typically subject to the Code of Federal Regulations 40 CFR 60 Subpart XXX, including the requirement to obtain and maintain an air permit. 

Granite State Landfill LLC submitted an application for an air permit on June 29, 2023. The NHDES Air Resources Division is reviewing the application to identify all applicable air pollution control requirements. If NHDES determines that the facility can be constructed and operated in compliance with those requirements, NHDES will prepare a draft permit that includes those requirements. That draft permit will then be published and interested parties invited to provide comments. The comment period will be open for at least 30 days and include the opportunity for interested parties to request a public hearing to also provide comments verbally. NHDES will consider all public comments and issue a final decision on the application.

Application Documents

Additional information regarding the air permitting process is available on the Air Resources Division's Industrial Sources webpage.

A New Hampshire Alteration of Terrain (AoT) permit includes consideration of the following aspects of a project, per state RSA 482-A:17:

  • Area of land disturbance.
  • Construction erosion and sediment control.
  • Stormwater management.
  • Flood storage.
  • Potential impacts to threatened and endangered wildlife species, through coordination with the New Hampshire Fish and Game Department.

Additional information regarding the AoT Bureau can be found on our Land Development webpage.

Upon receipt of an AoT permit application, the department has 50 days to review the application, request any additional information required to complete an evaluation, and provide any technical comments for the applicant to address.

The AoT Bureau accepted an application for the Granite State Landfill Project on November 13, 2023. Application project files are available for review using the links below. If you need accommodations for these documents, please contact Eddie McKenna at edward.p.mckenna@des.nh.gov or (603) 271-1023.

Application Documents

Extension Agreements

Town or local advisory committee comments

Supplemental Plans for Initial Review of Application

The Shoreland Water Quality Protection Act (RSA 483-B) and its associated rules, Env-Wq 1400, establish a protected shoreland close to public waters. Proposed projects within the protected shoreland typically require a shoreland permit. Additional information regarding the shoreland can be found on our Protected Shoreland webpage.

Shoreland permit applications are reviewed within 30 days of receipt. Following review, the permit application is either permitted, denied or a "Request for More Information" letter is sent to the applicant. The applicant must respond to NHDES requests for more information within 60 days. Once the response is received from the applicant, a decision to permit or deny the project is made within 30 days. In the unlikelihood that the department fails to act within the applicable time frames described above, the applicant may ask the department to issue the permit by submitting a written request as described in RSA 483-B:5-b, V(e).

The Shoreland Program accepted an application for the Granite State Landfill Project on March 25, 2024. Application project files are available for review using the links below. If you need accommodations for these documents, please contact Eddie McKenna at edward.p.mckenna@des.nh.gov or (603) 271-1023.

Application Documents

Correspondence with Applicant

Ammonoosuc River Local Advisory Committee (ARLAC)

NHDES has implemented a permitting system pursuant to New Hampshire’s Solid Waste Management Act, RSA 149-M, and the New Hampshire Solid Waste Administrative Rules (Solid Waste Rules, Env-Sw 100 et seq.). The solid waste permitting system provides regulatory controls to assure proper construction, operation and closure of landfills, which protects the environment, public health and safety. Additional information about solid waste management in New Hampshire can be found on the NHDES Solid Waste webpage.

A person or business interested in constructing and operating a non-hazardous, municipal solid waste landfill must obtain a solid waste standard permit, which is the most comprehensive type of permit available for solid waste facilities. When NHDES receives an application, it will process the application for a standard permit in accordance with Chapter Env-Sw 300 of the solid waste rules. The solid waste standard permit application processing flow chart identifies the steps and timeframes for processing a standard permit application. Generally, NHDES has 60 days to determine if the application is complete – that is, whether the application contain all of the information required for NHDES to make a decision on the application. After determining the application is complete, NHDES will conduct a technical review of the application to determine if the application meets all applicable criteria for issuance or whether a condition for denial exists in accordance with Env-Sw 305. Concurrently, NHDES will host a public hearing on the application. Following the public hearing, NHDES will issue a decision on the application. If approved, the decision will be accompanied by a permit and a response to public comments.

Granite State Landfill, LLC (GSL) submitted an application for a standard permit in 2021 (see NHDES’ OneStop Record for GSL). NHDES started review of the application and requested additional information from GSL. GSL elected to withdraw the application in May 2022.

In November 2022, GSL requested and NHDES hosted a solid waste facility pre-application meeting. On October 31, 2023, NHDES received an application for a standard permit for the proposed GSL project. NHDES staff have determined that the application meets the basic filing requirements per Env-Sw 303 and has 60 days from the date of receipt to determine whether the application is complete per Env-Sw 304.

Application documents

Supplemental documents

Meeting records

Correspondence with applicant

Solid waste records related to the proposed landfill will be posted to NHDES’ OneStop site for the Granite State Landfill.

Under RSA 485-A:12, III, and section 401 of the Clean Water Act (CWA), any activity that may result in a discharge to surface waters of the state – rivers, streams, lakes, ponds, wetlands, tidal waters, etc. – and requires a federal license or permit, cannot start unless the NHDES Water Division certifies that any such discharge will comply with New Hampshire’s surface water quality standards, per RSA 485-A:8 and state administrative rule Env-Wq 1700. For more information on certification, please visit the Water Quality Certification webpage.

Many large projects that impact surface waters, including wetlands, need to apply for and obtain an individual permit from the U.S. Army Corps of Engineers (USACE) under section 404 of the CWA. Before the USACE issues this permit, a project is required to submit an Application for Water Quality Certification to obtain a certification from NHDES. Upon review and NHDES determination that the application is complete and approved, the application will be published on the Water Quality Certification webpage.

Following NHDES review of the application and any required additional information, and needed owner and/or resource agency coordination, NHDES will prepare a draft water quality certification with required conditions. This draft certification will then be sent to other interested agencies and the municipality and posted on the NHDES website for an approximate 30-day public comment period. All comments received during the public comment period, NHDES’ responses to those comments, and the final water quality certification, will be published on the NHDES website when the final certification is submitted to the federal permitting agency (e.g. USACE).

NHDES Watershed Management Bureau hosted a Water Quality Certification pre-application meeting on September 25, 2023, with Granite State Landfill, LLC, its consultants, USEPA and USACE representatives. The purpose of this meeting was to review the NHDES WQC application process, applicable rules and regulations, and submittal requirements.

On April 19, 2024, NHDES received an Application for Water Quality Certification for the proposed Granite State Landfill project. Application project files are available for review using the links below. In accordance with RSA 485-A:12,III(a)a, within 50 days of receipt of the application, NHDES shall either notify Granite State Landfill, LLC that the request is complete or request any additional information required to complete its evaluation of the request. On June 07, 2024, NHDES notified Granite State Landfill, LLC that the Application for Water Quality Certification was incomplete and requested additional information required to complete its evaluation of the request.

Application Documents

Correspondence with Applicant

Please contact the NHDES Watershed Management Bureau with any questions, comments or needs of accommodation with these files at: wqc@des.nh.gov.

New Hampshire wetlands permits consider aspects of a project that may result in direct impact to wetlands and stream channels, related to the purposes outlined in RSA 482-A and rules adopted under Env-Wt Chapters 100-900, including impacts to functions and values they provide, such as:

  • Sources of nutrients for fish and wildlife.
  • Habitat and reproduction areas for plants, fish and wildlife.
  • Commerce, recreation and aesthetic enjoyment of the public.
  • Groundwater recharge.
  • Floodwater attenuation.
  • Sediment trapping and shoreline stabilization.
  • Nutrient trapping and transformation.

Granite State Landfill, LLC, submitted and ultimately withdrew a state wetland permit application in 2021 (NHDES file #2020-02239). 

Any new application would undergo administrative and technical review in accordance with RSA 482-A and Env-Wt Chapters 100-900, as applicable. A public hearing would then be held for the state to receive public comments on the proposed project. Within 45 days following the closure of the hearing record, the department would either approve the application and issue a permit or deny the application and issue written findings in support of the decision.

Separately, a federal permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act will also need to be obtained.

The Wetlands Bureau accepted an application for the Granite State Landfill project on December 14, 2023. Application project files are available for review using the links below. If you need additional accommodations for these documents, please email edward.p.mckenna@des.nh.gov.

Application Documents

Applicant Response to Administratively Incomplete Notice

Correspondence with Applicant

Town or Local Advisory Committee Comments

Ammonoosuc River Local Advisory Committee (LAC)

Dalton Conservation Commission (DCC)

Bethlehem Conservation Commission (BCC)