Section Env-Hw 304.22 - Permit Issuance(a) Prior to making a decision on an application, the department shall evaluate all duly-submitted information, including the completed application, all public comments received, all hearing testimony, and the draft permit if one was prepared.(b) The department shall issue the permit in whole or in part or deny the application either in its entirety or only as to the active life of the facility based upon whether the information demonstrates compliance with the requirements of Env-Hw 700, RSA 147-A:4, II-a, RSA 147-A:4, II-d, and any other applicable provisions.(c) The department shall not issue a standard permit unless the location has been approved by a siting board pursuant to RSA 147-A:4-a.(d) The department shall inform the applicant of its decision no later than 90 days after the final date that the public may submit comments.(e) A standard permit, transfer facility permit, or limited permit shall, subject to modification, suspension, or revocation by the department, be valid for 5 years unless a shorter term is requested by the applicant based on the anticipated need for the permit.(f) Any permittee may seek renewal of a permit pursuant to Env-Hw 304.31.(g) Issuance or denial of a standard permit or transfer facility permit shall terminate any interim status held by the facility.(h) If an applicant is issued a standard permit or transfer facility permit, the owner or operator may begin construction of the facility in accordance with conditions of the permit.(i) An owner or operator shall not commence operation of a new facility or any modified portion of an existing facility before:(1) Construction has been completed;(2) The department has received a letter signed by the owner or operator and a New Hampshire registered professional engineer certifying, as specified in Env-Hw 207, that the facility has been constructed in compliance with the standard permit or transfer facility permit conditions; and(3) The department has verified the facility's compliance and has notified the owner or operator in writing that operation of the facility may begin.N.H. Code Admin. R. Env-Hw 304.22
(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.