N.H. Admin. Code § Env-Sw 304.08

Current through Register No. 45, November 7, 2024

Section Env-Sw 304.08 - Public Hearing

(a) A public hearing shall be required for all permit applications and applications for permit modification, except as provided by (b) below.

(b) Pursuant to RSA 149-M:9, a public hearing shall not be required, except as noted in (d) below, for applications to approve a facility or activity expected to have an insignificant effect on environmental quality, as specified in (c) below.

(c) Facilities and activities authorized by the following types of approvals shall be deemed to have an insignificant effect on environmental quality:

(1) Permits-by-notification pursuant to Env-Sw 407, Env-Sw 507, Env-Sw 607, and Env-Sw 707;

(2) Emergency permits;

(3) Research and development project permits;

(4) Standard permits for existing facilities operating in compliance with the solid waste rules under the provisions of a temporary permit;

(5) Standard permits for limited public collection, storage and transfer facilities;

(6) Type I-B, type II, type III, type IV and type V permit modifications pursuant to Env-Sw 315;

(7) Construction approvals pursuant to Env-Sw 1100, including approvals to construct landfill capping systems; and

(8) Operating approvals pursuant to Env-Sw 1100.

(d) Pursuant to RSA 149-M:11, IV(a), a public hearing shall be required for an application:

(1) To establish a new facility accommodating greater than 30 tons of waste per day, on average; and

(2) To increase the capacity of an existing facility from less than to greater than 30 tons per day, on average.

(e) The department shall provide notice of the public hearing as specified in (f) through (h) below to the public, the applicant, the host municipality, the host solid waste management district, and other affected entities excluding abutters receiving notice pursuant to (i) below.

(f) Notice to the public shall be by publication in a newspaper of general circulation in the host municipality and host solid waste management district.

(g) Notice to the applicant, host municipality, host solid waste management district and other affected entities, excluding abutters receiving notice pursuant to (i) below, shall be provided in writing and sent by first class mail.

(h) The notice of public hearing shall:

(1) Identify the:

a. Applicant by name and mailing address;

b. Type of application;

c. Nature of the proposal; and

d. Facility name, location by street and municipality, type and, if applicable, permit number;

(2) State the date, time and location of the hearing;

(3) Identify the location(s) where a copy of the complete application is available for public review;

(4) State that testimony may be submitted in writing to the department at any time before the close of the hearing notice period in lieu of attending or providing oral testimony at the public hearing;

(5) Request disabled persons planning to attend the hearing and requiring special assistance under the provisions of the Americans with Disabilities Act to contact the department in advance of the hearing to identify the type of assistance required; and

(6) Provide the name, title, mailing address and telephone number of the department official or employee who may be contacted regarding the application and hearing, and to whom written public hearing testimony may be submitted.

(i) Pursuant to RSA 149-M:9, VIII, the applicant shall provide a notice of public hearing, as specified in (h) above, to all abutters by certified mail, return receipt requested. If the applicant or the facility site owner owns any abutting parcel of land, the notice of hearing shall be sent to the owner(s) of the next parcel(s) not owned by the applicant or facility site owner.

(j) The applicant shall make a copy of the complete application available at a locally accessible place for public review from the date the hearing notice is first provided through the date the hearing record is closed by the department.

(k) Upon instruction by the department, the applicant shall make arrangements for locating the public hearing as specified by (l) below.

(l) The public hearing shall be held at a location that:

(1) Is within the host municipality or, in the case of an unincorporated town or unorganized place, in the host county;

(2) Provides access for disabled persons in conformance with Title II of the Americans with Disabilities Act as provided in public law 101-336;

(3) Provides adequate seating and parking for the number of persons anticipated to attend; and

(4) Provides a public address system as appropriate for the size of the hearing room and the anticipated number of attendees.

(m) Pursuant to Env-Sw 310, the applicant shall pay the cost, if any, for:

(1) Hearing notice publication;

(2) Rental of the hearing room;

(3) Hiring security personnel for crowd control if, based on the nature of the application and indications of public interest, the department or the host municipality determines crowd control measures will be required to protect the public health and safety; and

(4) Hiring interpreters for disabled persons or providing other such services when required to comply with the Americans with Disabilities Act.

(n) The department shall conduct the hearing in accordance with the provisions of Env-C 200 applicable to non-adjudicative hearings.

N.H. Admin. Code § Env-Sw 304.08

(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.