N.H. Code Admin. R. Env-Hw 304.21

Current through Register No. 25, June 20, 2024

Section Env-Hw 304.21 - Public Involvement in the Permitting Process

(a) The department shall give public notice whenever:

(1) A complete permit application has been received;

(2) A draft permit has been prepared;

(3) A notice of intent to terminate has been issued pursuant to Env-Hw 304.27;

(4) A public hearing has been scheduled; or

(5) An appeal has been filed with the waste management council.

(b) Public notice that a completed application or a notice of intent to terminate is available for public review shall allow for not less than 30 days after the date of the notice to submit public comment or request a public hearing, or both.

(c) Public notice that a draft permit has been prepared shall allow for not less than 45 days after the date of the notice to submit public comment or request a public hearing, or both.

(d) The department shall provide public notice by:

(1) Publishing a notice in a newspaper of daily statewide circulation, in a local newspaper, on the department's website, and by broadcast over local radio stations;

(2) Mailing a copy of the notice and, if available, a copy of the fact sheet and the draft permit to:

a. The applicant;

b. Each New Hampshire agency that implements any program(s) that could be affected by or is required to issue permits for the proposed facility, including but not limited to cultural and historic resources and coastal zone management;

c. Federal agencies having jurisdiction over fish and wildlife resources that could be affected by the proposed facility;

d. Each affected Indian tribe, if any;

e. Each unit of local government having jurisdiction over the area where the facility is to be located; and

f. Persons on a mailing list compiled from:

1. Persons who have requested in writing to be on the list;

2. Responses to a solicitation of persons on area lists of participants in past permit proceedings in the area; and

3. Responses to notifications to the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals; and

(3) Any other method calculated to give actual notice of the action in question to persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(e) During the comment period, any person may submit comments, request a non-adjudicative public hearing, or both, as follows:

(1) All comments and requests shall be in writing and identify the person submitting the comments or request by name and affiliation; and

(2) A request for a public hearing shall include a short statement regarding the need for a hearing.

(f) If a public hearing is to be held, the department shall give public notice of the hearing not less than 30 days before the hearing as specified in (d), above.

(g) All public notices issued pursuant to this section shall include the following information:

(1) The name and address of the department;

(2) The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(3) A brief description of the business conducted at the facility or transfer facility or activity described in the permit application or draft permit;

(4) The locations where and times during which the permit application and other applicable documents are available for review;

(5) A statement that all information submitted by the applicant is available as part of the administrative record;

(6) The name, address, and telephone number of an individual at the department from whom interested persons may obtain further information, including a copy of the fact sheet, draft permit, and the application;

(7) A brief description of the public comment procedures, including:

a. A statement of how a hearing can be requested or, if a hearing has already been scheduled, the date, time, and place of the hearing; and

b. Other procedures by which the public may participate in the final permit decision;

(8) The date(s) of previous public notices relating to the topic, if any;

(9) A brief description of the nature of the hearing, if applicable; and

(10) Any additional information considered necessary or proper.

(h) If a final permit is issued, the department shall:

(1) Prepare a summary of the comments and the department's responses to the comments, which shall:

a. Identify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for that change; and

b. Describe and respond to comments on the fact sheet and on the draft permit that were raised during the comment period or during the hearing; and

(2) Make the summary available to the public.

(i) Public hearings shall be as follows:

(1) A public hearing shall be mandatory for disposal facilities, or if the department receives written notice of opposition to a draft permit and a request for a hearing within 45 days after public notice is issued pursuant to (d), above;

(2) In all other cases, a public hearing shall be held if such a hearing will clarify one or more issues involved in the permit decision;

(3) All public hearings shall be conducted according to the procedures applicable to non-adjudicative proceedings specified in Env-C 200; and

(4) Whenever possible, all public hearings shall be held at a location near the proposed or existing facility.

N.H. Code Admin. R. Env-Hw 304.21

(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.