Section Env-Wq 301.06 - Completeness Review; Hearing Notice(a) Within 60 days of receipt of an application, the department shall determine whether the application contains all of the information required by Env-Wq 301.04.(b) If the department determines that the application does not contain all required information, the department shall notify the applicant in writing of what information is needed to complete the application.(c) The notice sent pursuant to (b), above, also shall inform the applicant that: (1) If the information is not provided within 60 days of the department's request, the application will be denied; and(2) The time that elapses between the date of the notice and the receipt by the department of all information required to complete the application shall not be included in the 120-day period referenced in Env-Wq 301.08(c).(d) If the department does not receive the information needed to complete the application, the department shall inform the applicant in writing that the application is denied due to the incompleteness.(e) When the department determines that the application is complete, the department shall: (1) Give notice of the application as required by RSA 485-A:4, XVII, by first-class mail to the clerk of the municipality in which the point of discharge is located and each adjacent municipality that is located on the same receiving water as the point of discharge;(2) Schedule a public hearing on the application in the municipality in which the activity is proposed to occur and determine the date by which written public comments must be submitted, which shall be 15 days after the date of the hearing; (3) Publish notice of the public hearing and public comment period no less than 30 days prior to the hearing in a newspaper of local circulation; and(4) Conduct the hearing in accordance with Env-Wq 301.07 and the provisions of Env-C 200 that apply to non-adjudicative proceedings.(f) The notice published pursuant to (e)(3), above, shall contain the following information: (1) The name and mailing address of the applicant;(2) The location, date, and time of the public hearing;(3) The locally-accessible place where the application can be reviewed;(4) The name, address, and telephone number of the individual in the department to whom comments can be sent;(5) The type of activity proposed to be conducted;(6) The proposed location of the facility;(7) The name of the owner; and(8) The deadline for submission of written comments.(g) A determination that the application is complete shall not be construed as a decision on the merits of the application.N.H. Code Admin. R. Env-Wq 301.06
(See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13