N.H. Code Admin. R. Env-Ws 401.06

Current through Register No. 25, June 20, 2024
Section Env-Ws 401.06 - Completeness Review; Hearing Notice
(a) Within 60 days of receipt of an application, the department shall determine if the application is complete.
(b) If the department determines that the application is not complete, the department shall notify the applicant in writing of the items listed in Env-Ws 401.04(b) that were not received.
(c) The notice sent pursuant to (b), above, shall also 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-Ws 401.08(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 all adjacent municipalities located on the same receiving water as the point of discharge;
(2) Provide notice of a public hearing and comment period for the pending permit application in a newspaper of local circulation;
(3) Schedule and hold the hearing no sooner than 30 days after the publication of the notice in the municipality in which the activity is proposed to occur; and
(4) Conduct the hearing in accordance with Env-C 200 and Env-Ws 401.07.
(f) The newspaper notice 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-Ws 401.06

#8361, eff 5-28-05