Section Env-Wq 803.02 - Notification Requirements for Site and Facility Permits(a) Upon filing an application with the department for a site or facility permit, the applicant shall provide notice to:(1) The governing body of the municipality in which the proposed site or facility is located and the governing body of each adjacent municipality in which any abutter is located;(2) If the site or facility is within a designated river corridor, the chair of the applicable LAC;(3) All abutters to the proposed site or facility as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section; and(4) All other persons who own property that is located within 500 feet of the area on which the activity will occur as such landowners and their respective mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section.(b) The notice shall be: (2) Delivered by any method that provides documentation confirming the notice was received by the intended recipient, provided that for any notice delivered by hand, the applicant shall obtain a signed acknowledgment from the recipient that the notice was received.(c) The notice shall contain the following information:(1) A statement that an application for a site or facility permit, as applicable, has been filed and the type of sludge management activity regulated by Env-Wq 800 that is proposed;(2) Identification of the proposed site or facility, as applicable, including street address and municipality;(3) The names, addresses, and telephone numbers of:b. Each generator of sludge that will be managed at the site or facility;c. The operator at the site or facility; andd. The owner, and the lessee if the land is leased;(4) The estimated annual quantity of sludge, in wet tons, to be received at the site or facility;(5) The proposed dates of commencement and cessation of the activity;(6) The identification of the locally accessible place where the application and all supporting information are available for review, as required by Env-Wq 806.01(d) for a site permit or by Env-Wq 807.01(e) for a facility permit, and the URL of the website where the application is posted, if applicable;(7) A statement that a 30-day public comment period will be advertised by the department in a newspaper of local circulation after the application is determined to be complete; and(8) A statement that a local public hearing will be advertised and held by the department if requested within the 30-day public comment period by:a. A petition signed by 10 residents of the municipality in which the site or facility is proposed to be located;b. An official of the municipality in which the site or facility is proposed to be located; orc. The chair of the applicable LAC, for any site or facility proposed to be located within a designated river corridor.(d) If a person to whom notice is required to be given cannot be located, or 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 in the form of a sworn affidavit that describes the efforts made to deliver the notice.(e) The applicant shall include a copy of the notice with a list of recipients and proof of delivery or affidavit, as applicable, with the application submitted to the department.N.H. Code Admin. R. Env-Wq 803.02
(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.