Section Env-Wq 804.06 - Decision on Application(a) If the information submitted with any complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and these rules, the person proposing to undertake the activity shall provide such additional information as the department determines is necessary to make the determination. If the additional information is not submitted within 60 days of the department's request or by the deadline otherwise agreed to by the applicant and the department, the department shall deny the application.(b) Subject to (c), below, within 60 days of receipt of a complete application the department shall: (1) Issue the site or facility permit, sludge quality certification, or permit modification or deny the application based on the criteria specified in Env-Wq 806.05, Env-Wq 807.05, Env-Wq 809.03, or Env-Wq 804.10, as applicable; and(2) Send written notice of its decision to the applicant and, in the case of a permit modification or issuance of a site or facility permit, to the governing body of each municipality to which notice was sent pursuant to Env-Wq 803.02(a)(1).(c) The department shall transmit a copy of the decision to the chair of the applicable LAC if the chair has submitted an email address in accordance with Env-Wq 803.03.(d) The time spent waiting for the applicant to provide any information requested pursuant to (a), above, shall not be included when calculating the 60 days in (b), above.(e) If site-specific conditions or limitations are necessary to protect public health or safety or the environment, the department shall include such conditions or limitations in the site or facility permit or sludge quality certification that is issued.(f) If a permit modification pursuant to Env-Wq 804.10(c), a site or facility permit, or sludge quality certification is denied, the written notification provided pursuant to (b)(2), above, shall specify the reason(s) for the denial and inform the applicant that the decision may be appealed to the water council as a permitting decision in accordance with RSA 21-O:14.N.H. Code Admin. R. Env-Wq 804.06
(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.