Section Env-Sw 305.03 - Denial of a Requested Approval(a) The written decision for denial shall:(1) Identify the applicant, type of application and all documents that constitute the complete application or, if the decision for denial is made without a complete application pursuant to Env-Sw 304.04(c), all documents submitted by the applicant that form the basis of the decision;(2) State the specific reason(s) for the denial based on (b) below;(3) Identify the applicable provisions for appeal pursuant to RSA 21-O:9, V;(4) Provide the name, title, mailing address and telephone number of the department official or employee who may be contacted regarding the decision; and(5) Be signed by the director or a person so authorized by the director.(b) A requested approval shall be denied if one or more of the following conditions applies: (1) The proposed activity does not meet the applicable requirements of RSA 149-M and the solid waste rules;(2) The application provides insufficient or ambiguous information that precludes a determination that the proposed approval will comply with RSA 149-M and the applicable requirements of the solid waste rules, and the deficiencies are so substantial as to not be remedied by subjecting the approval to compensating terms and conditions;(3) The department determines that the applicant meets the criteria for denial pursuant to RSA 149-M:9, IX;(4) The applicant has not demonstrated its legal right to occupy the subject property;(5) As required by RSA 483:12-a, the department is notified by the rivers coordinator that a proposed activity violates a protection measure under RSA 483:9, RSA 483:9-a, or RSA 483:9-b;(6) The application becomes a dormant application;(7) The application is for a permit-by-notification or type III permit modification and the applicant is unable to provide compliance certification pursuant to Env-Sw 303.14; or(8) The application meets any other provision for denial as specified in the solid waste rules for the particular type of application reviewed.(c) An application for a permit-by-notification pursuant to Env-Sw 311 or a type III permit modification pursuant to Env-Sw 315 shall be denied based on (b)(2) above if the application is filed contrary to the requirements in Env-Sw 303 or is not complete upon initial filing.(d) In conformance with (a) above, notice for denial pursuant to (c) above shall be made by sending to the applicant, host municipality and host solid waste district a copy of the notification form which:(1) Bears the department's dated receipt stamp;(2) Is clearly marked "incomplete/denied";(3) Is marked to identify the deficiencies;(4) Is imprinted with the information required by (a)(3) above;(5) Is signed and dated by the director or person so authorized by the director; and(6) Is stapled to a business card bearing the information required by (a)(4) above.(e) Denial of a permit-by-notification or a type III permit modification due to improperly filing or completing the application upon initial filing shall not preclude the applicant from later obtaining an approval by properly submitting a complete notification.N.H. Admin. Code § Env-Sw 305.03
(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.