N.H. Code Admin. R. Env-Wq 1604.01

Current through Register No. 25, June 20, 2024

Section Env-Wq 1604.01 - Notification Requirements for Permit Applications

(a) The applicant shall provide notice in accordance with this section upon filing an application with the department for a site, facility, or transfer/storage permit or holding tank permit-by-notification.

(b) The notice shall be provided to:

(1) The governing body of the municipality in which the property on which the proposed septage management activity is to be located and the governing body of any adjacent municipality in which an abutter is located;

(2) All abutters to the property on which the septage management activity is proposed to be located as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided; and

(3) All other land owners within 600 feet of the footprint on which the activity will occur, as such land owners and their respective mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided.

(c) The notice shall be:

(1) In writing; and

(2) Delivered by one of the following methods:

a. Sent by certified mail, return receipt requested;

b. Delivered by hand, in which case a signed acknowledgment from the recipient that the notice was received shall be obtained; or

c. Sent by first class mail, in which case a certificate of mailing shall be obtained from the United States post office at which the notices were mailed.

(d) The notice shall contain the following information:

(1) A statement that an application for a site, facility, or transfer/storage permit or holding tank permit-by-notification, as applicable, has been filed and the type of septage management activity regulated by Env-Wq 1600 that is proposed;

(2) The location of the proposed septage management activity, including street address and municipality;

(3) The names, mailing addresses, and daytime telephone numbers of:

a. The applicant;

b. The on-site operator, if other than the applicant;

c. The owner of the property on which the activity will occur, if different from the applicant; and

d. The lessee of the property on which the activity will occur, if the land is leased and the lessee is other than the applicant;

(4) The estimated annual volume of septage, in gallons, to be received at the property;

(5) The proposed dates of commencement and cessation of the activity;

(6) The location of the locally-accessible place where the application and all supporting information, as required under Env-Wq 1608.01 for site permits, Env-Wq 1609.01 for facility permits, Env-Wq 1606.02 for holding tank permit-by-notification, and Env-Wq 1606.08 for transfer/storage permits are available for review; and

(7) Except for a septage holding tank permit-by-notification, a statement that a 30-day comment period will be advertised by the department in a newspaper of local circulation once it has deemed the application to be complete.

(e) If a person to whom notice is required to be given cannot be located, fails or refuses to sign for the certified mail, or refuses to sign an acknowledgment when the notice is delivered in hand, the person giving the notice shall provide proof to the department that an attempt to deliver the notice was made, which proof shall be submitted to the department with the application in the form of an affidavit or a copy of the certified mail receipt.

N.H. Code Admin. R. Env-Wq 1604.01

#6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13