N.H. Code Admin. R. Env-Wq 1603.06

Current through Register No. 25, June 20, 2024

Section Env-Wq 1603.06 - Application Review and Notice of Comment Period

(a) The department shall determine whether the application is complete within 30 days of receipt of an application for:

(1) Any of the permits or certifications listed in Env-Wq 1603.05(a) through (h); or

(2) A permit renewal or modification pursuant to Env-Wq 1603.12.

(b) Upon determination by the department that an application is not complete, the department shall provide written notice to the applicant which:

(1) Identifies the deficiencies that caused the application to be deemed incomplete;

(2) Requests that the applicant provide the information needed to complete the application; and

(3) Informs the applicant that no further action will be taken on the application until complete information is received.

(c) Upon determination by the department that an application is complete, the department shall provide notice in accordance with (d) and (f), below.

(d) The department shall provide written, or if requested pursuant to (e), below, electronic notice of completeness to:

(1) The applicant and the governing body of the municipality(ies) which received notice pursuant to Env-Wq 1604.01(b)(1); and

(2) For projects within one-quarter mile of the normal high water mark of designated rivers pursuant to RSA 483:15:

a. The department's rivers coordinator established pursuant to RSA 483:3; and

b. The chairman of the applicable local river management advisory committee established pursuant to RSA 483:8-a.

(e) Any person who wishes to receive electronic notice of completeness from the department in lieu of written notice shall so notify the department by e-mail at sludgeandseptage@des.state.nh.us.

(f) For permits listed in Env-Wq 1603.05(c) through (g), the department shall publish a notice as specified in (g) and (h), below, of a 30 day comment period for the pending application in a newspaper of local circulation.

(g) The newspaper notice shall contain the following information:

(1) The name and mailing address of the applicant;

(2) The locally-accessible place where the application can be reviewed;

(3) The name, address, and telephone number of the person in the department receiving comments;

(4) The type of activity to be conducted if the application is approved;

(5) The proposed location of the site or facility, if applicable;

(6) The name of the owner of the property on which the activity will be located, if applicable; and

(7) The deadline for receipt by the department of written comments or petitions to conduct a public hearing, as provided in Env-Wq 1603.07.

(h) As indicated in the published notice, all comments shall be limited in scope to information regarding completeness of the application and any information regarding the applicant's compliance with all applicable Env-Wq 1600 rules.

N.H. Code Admin. R. Env-Wq 1603.06

#8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13