N.H. Admin. Code § Env-Sw 303.05

Current through Register No. 37, September 12, 2024

Section Env-Sw 303.05 - Notice of Filing to Abutters

(a) If the application content and format requirements, as provided in Env-Sw 311 through Env-Sw 315, require the applicant to provide a notice of filing to abutters, the applicant shall:

(1) Provide notice as specified by (b) through (e) below; and

(2) Place a copy of the application at a publicly-accessible location, for example the public library or town hall, for public review until final action on the application is taken by the department.

(b) The notice of filing shall be:

(1) Sent by certified mail, return receipt requested; or

(2) Delivered in hand, in which case a signed acknowledgment from the recipient that the notice was received shall be obtained.

(c) The notice of filing shall be sent or delivered before the date the application is filed with the department, but not earlier than 30 days before that date.

(d) If the applicant or the owner of the facility site owns any abutting parcel of land, the notice of filing shall be sent to the owner(s) of the next parcel(s) not owned by the applicant or facility site owner.

(e) The notice of filing shall include the following information:

(1) A statement that an application is scheduled to be filed with the department, including the type of application being filed and the anticipated filing date;

(2) Facility identification and location, including:

a. Facility name;

b. Permit number, if applicable;

c. Street address; and

d. Municipality;

(3) The name(s) and mailing address(es) of the:

a. Applicant, which in the case of an application for permit transfer shall be both the existing and proposed permittee;

b. Facility owner;

c. Facility operator; and

d. Property owner;

(4) A description of the activity(s) for which approval is being sought, including as applicable:

a. The type(s) of waste management activities to be undertaken at the facility;

b. The quantity and type(s) of waste to be received by the facility;

c. The quantity and type(s) of waste to be stored at the facility;

d. The quantity and type(s) of waste to be disposed at the facility;

e. The facility service area;

f. The facility service type;

g. The facility life expectancy;

h. Other information required to accurately describe the scope and nature of the proposed activity(s); and

i. The estimated date of facility construction and operation;

(5) Identification of the locally accessible place where the application will be available for public review;

(6) Name, title, mailing address and telephone number of the individual associated with the applicant and available to respond to inquiries during the application review process;

(7) Name, title, mailing address and telephone number of the agency official or employee who may be contacted regarding the application, which name and information shall be provided to the applicant by the department upon request at the time the applicant prepares the notice;

(8) Description of the application processing provisions as specified by the solid waste rules. The description shall be detailed sufficiently as to inform the notice recipient of the basic process steps and schedule. An application process flow chart, as provided by the department upon request, shall suffice;

(9) If the application is for approval to transfer a permit, a statement that the department will accept written comments from the abutters for a period of 30 days following the date the application is filed; and

(10) If the application includes a request for a waiver to any rule, a statement so indicating and specifically citing the rule(s).

N.H. Admin. Code § Env-Sw 303.05

(see Revision Note at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10595, Effective 7/1/2014, Expires7/1/2024.