Section Env-Sw 304.04 - Incomplete Applications(a) Except as provided in (c) through (f) below, if an application is determined to be incomplete, the department shall provide written notice to the applicant wherein: (1) The applicant, type of application and all documents that constitute the incomplete application shall be identified;(2) The deficiencies shall be identified;(3) Instructions shall be provided for completing the application, including the name, title, mailing address and telephone number of the agency official or employee who may be contacted regarding the application; and(4) The applicant shall be alerted to the application dormancy provisions specified in Env-Sw 304.05(d).(b) A copy of the notice of incompleteness shall be sent by the department to all persons and entities to whom the applicant was required to provide a copy of the initial application pursuant to Env-Sw 303.(c) If an incomplete application provides information sufficient for the department to determine that the proposed activity does not meet the requirements of the solid waste rules and requires substantial revision to meet said requirements, or that any other provision for denial exists as provided in Env-Sw 305, the department shall deny the requested approval and send written notice thereof in accordance with Env-Sw 305, in lieu of deeming the application incomplete.(d) Applications for permits-by-notification pursuant to Env-Sw 311 and type III permit modifications pursuant to Env-Sw 315, if incomplete upon initial submittal, shall be denied pursuant to Env-Sw 305.03(c) through (e).(e) The department shall notify the applicant by telephone in lieu of providing a written notice of incompleteness if: (1) The missing information is incidental to the substance of the application, such as missing certified mail receipts or missing pre-addressed envelopes;(2) The anticipated time required of the applicant to correct the deficiency is less than the anticipated time required of the department to notify the applicant in writing; and(3) The department is able to contact the applicant by telephone.(f) If the department provides notice of incompleteness pursuant to (e) above, the department shall specify in the verbal notice:(1) A reasonable time period for correcting the deficiency, after which time written notice will be sent by the department in accordance with (a) and (b) above, if no response by the applicant is received by the department; and(2) That the applicant is required to also send a copy of the response, with a cover letter stating the reason for providing the additional information, to all persons and entities identified in Env-Sw 303 to whom the applicant was required to provide a copy of the initial application.(g) Upon notifying an applicant that the application is incomplete, the department shall suspend further processing of the application pending receipt of the additional information requested.(h) No portion of the time between the date a notice of incompleteness is provided and the date the applicant responds shall be included in computing the time limits for processing the application.N.H. Admin. Code § Env-Sw 304.04
(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.