Permitting
With few exceptions, solid waste management facilities must obtain a permit to construct, operate and permanently close.
The solid waste permitting system provides regulatory controls to assure proper construction, operation and closure of solid waste facilities, which protects the environment, public health and safety. Approvals are also required for certain solid waste management related activities, including the production and use of waste-derived products.
There are four core permit types for solid waste management facilities, pursuant to New Hampshire’s Solid Waste Management Act, RSA 149-M, and the New Hampshire Solid Waste Administrative Rules (Env-Sw 100 et seq.).
Standard Permit
Standard permits are the most comprehensive permits available and are available for almost all types of solid waste management facilities, including landfills, transfer stations/recycling facilities and processing/treatment facilities, such as incinerators, composting facilities and material recovery facilities. Standard permits are required for facilities receiving more than 30 tons of waste per day that is not in a market-ready condition (in other words, not ready for a recycler). The following application forms are available for standard permits:
- Solid Waste Landfill
- Solid Waste Collection/Storage/Transfer Facility
- Solid Waste Processing/Treatment Facility
Permit-by-Notification
Permits-by-Notification are available for certain types of small-scale solid waste facilities that receive 30 tons of waste per day or less. Permits-by-Notification are available for the following types of facilities:
- Asbestos Waste Holding Facility for Abatement Entities
- Asbestos Waste Holding Facility for Asbestos Disposal Site Contractors
- Collection Center for Non-Select Recyclable Materials
- Collection Center for Select Recyclable Materials
- Processing/Treatment Facilities Producing Certified Waste Derived Products Using Processed Non-Select Recyclable Materials
- Infectious Waste Treatment Facility
- Limited Public Solid Waste Transfer Station/Recycling Facility
- Scrap Metal Collection and Recycling Centers
- Small Food Waste Composting Facility
- Truck Transfer Stations
Research & Development Permit
Research & Development Permits are available for research and development projects, as defined in Env-Sw 104 of the NH Solid Waste Rules. No permit is required for research and development facilities identified in Env-Sw 302.03(b)(7). A pre-application meeting is required. After the pre-application meeting has occurred and notices of filing are sent, submit a complete research and development facility permit application, including all required attachments.
Emergency Permit
Emergency permits are available for solid waste management facilities that operate for a limited period of time in response to any emergency for which no other readily available response exists and for which a delayed response to obtain another type of permit will result in an unnecessary risk to public health, safety or the environment. Call the Solid Waste Management Bureau for an initial determination. If the proposed emergency facility is verbally approved, submit a complete emergency facility permit application, including all required attachments.
Note that each of the four permit types identified above have application processing and other parameters specific to each, as shown in the table below.
Summary of Permit Types
| Permit Type | Facility Type | Fee | Processing Time | Duration | Modification Eligibility | Transfer Eligible |
|---|---|---|---|---|---|---|
| Standard Permit | All | Varies | See Env-Sw 303-Env-Sw 305 | For the life of the Facility | Yes | Yes |
| Permit-by-Notification | Collection/Storage/Transfer, Processing/Treatment | $0 | 60 days | For the life of the Facility | Only Type III or Type V | No |
| Research & Development Permit | Landfill, Processing/Treatment | Varies | See Env-Sw 303-Env-Sw 305 | For the life of the Project | Yes | Yes |
| Emergency Permit | Collection/Storage/Transfer, Processing/Treatment | $0 | Verbal (varies); Written (10 working days) | Time required to complete the emergency action | Yes | No |
Permit Modifications
Once a permit is issued, modifications may be requested by an application submitted to NHDES. The following permit modifications are available.
- Type I-A and Type I-B – For changes to the facility’s permit relative to increasing the approved design capacity; changing the expiration date of the permit (if any); reducing the operating life expectancy of a landfill; expanding a facility’s permitted service area; changing the facility service type; changing facility waste management methods; and any other change not otherwise available through a Type II through Type V permit modification. For application processing times, see the Type I-A and Type I-B application processing flow charts.
- Type II – For approval of final construction, operating, closure, and financial assurance plans. For application processing times, see the Type II application processing flow chart.
- Type III – For approval of a change in facility operating hours; a change in facility street address that does not include facility relocation; a change in above-ground site features; a change in facility operations to separately collect, store and transfer select recyclables; a change in the operating plan to correct typographical or clerical errors and update contact information; a change in activities not regulated by the solid waste rules or that are otherwise permit-exempt; for permit-by-notification facilities, a change in authorized waste types; for landfills, a proposed alternate cover material demonstration project; a change in alternate cover materials; or an expansion of an existing landfill gas collection system; a name change for a permittee or facility that is not a change in ownership or control; a change in organizational structure or property ownership. For application processing times, see the Type III application processing flow chart.
- Type IV – For permit transfer, that is, changes in the ownership or operational control of a facility. For application processing times, see the Type IV application processing flow chart.
- Type V – For approval to store facility records off-site or electronically, or to destroy facility records. For application processing times, see the Type V application processing flow chart.
Solid waste permit and permit modification application forms can be found using New Hampshire's online form portal.
In addition to permits and modifications, approvals are also required for certain other solid waste related activities.
Pre-1981 Landfill Registration
Landfills not operated after July 9, 1981, are eligible for registration as a “Pre-1981 Landfill,” which exempts them from regulation under the Solid Waste Rules. Owners of landfills exempted from the Solid Waste Rules pursuant to this process may still have regulatory obligations under other provisions of law and rule, and to manage the landfill in such a manner so as to protect public health, safety and the environment.
Waivers to the solid waste rules
Individuals and entities can seek a waiver to the Solid Waste Rules.
Certified Waste-Derived Products
Products made from waste must be certified for distribution and use in New Hampshire. NHDES has provided a mechanism by which waste-derived products can be certified for distribution and use. Once a waste-derived product is certified, it is no longer regulated as a solid waste until it is itself discarded.
Did you know?
Did you know?
Anyone applying for a Standard Permit for a Landfill must also submit a Groundwater Release Detection Permit Application. Contact the Groundwater Release Detection Permit Coordinator for information.